ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
highway alignments; environmental impact statement
Purpose
Requires the Arizona Department of Transportation (ADOT), if issuing a tier one environmental impact statement (EIS) and record of decision on a new state highway in Pinal County, to include an alternative in the tier two phase that services the most populous areas with the greatest potential for economic development and represents stakeholder feedback.
Background
The primary purpose of an EIS prepared pursuant to the National Environmental Policy Act is to ensure agencies consider the environmental impacts of their actions in decision making (40 CFR 1502.1). The discussion of consequences must include, among other requirements, the environmental impacts of the proposed action and reasonable alternatives to the proposed action. Economic or social effects by themselves do not require preparation of an EIS. However, when the agency determines that economic or social and natural or physical environmental effects are interrelated, the EIS shall discuss and give appropriate consideration to these effects on the human environment (40 CFR 1502.16).
An alternative to a proposed action should be presented in comparative form based on information and analysis of the affected environment and environmental impacts. Agencies are required to evaluate reasonable alternatives to the proposed action and briefly discuss reasons for eliminating other alternatives. Agencies must identify the preferred alternative in a final statement unless another law prohibits the expression of such a preference. Alternatives to a proposed action must also include a no action alternative (40 CFR 1502.14).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ADOT, if issuing a final tier one EIS and record of decision for a new state highway in Pinal County, to include at least one alternative in the tier two phase for further study.
2. Requires the tier two alternative to:
a) service the most populous geographical area with the greatest potential for economic development based on data related to the anticipated opening date of the state highway; and
b) represent feedback received from citizens, stakeholders and resolutions that are adopted by impacted local jurisdictions and that are submitted to ADOT as public comments.
3. Requires ADOT to reissue a tier one EIS and record of decision if, after December 31, 2020, and before the effective date of this act, the final tier one EIS does not comply with outlined requirements.
4. Repeals this act on January 1, 2023.
House Action
TRANS 2/10/21 DP 7-3-1-1
3rd Read 3/4/21 31-29-0
Prepared by Senate Research
March 18, 2021
ZD/gs