Wisconsin Administrative Code
Public Service Commission
Chapter PSC 4 - Environmental analysis
Section PSC 4.20 - Environmental assessment procedures

Universal Citation: WI Admin Code § PSC 4.20

Current through November 25, 2024

(1) GENERAL INFORMATION. The commission shall prepare an EA as a concise document that provides a factual investigation of the relevant areas of environmental concern in sufficient depth to permit a reasonably informed preliminary judgment of the environmental consequences of the proposed action. The EA shall include a recommendation whether the proposed action is a major action significantly affecting the quality of the human environment, within the meaning of s. 1.11(2) (c), Stats., for which an EIS is required.

(1m) PUBLIC NOTICE. When it commences the preparation of an EA, the commission shall make a diligent effort to notify the public that an EA is being prepared. The announcement may be included with a notice of investigation or notice of hearing. The announcement shall describe the proposed action, including a map where appropriate, list a commission contact person and indicate how comments may be submitted. The announcement shall specify a public comment period lasting at least 10 days, beginning on the date the announcement is distributed. The commission shall distribute its announcement that an EA is being prepared to:

(a) Any person with a demonstrated interest or who has requested to receive this type of information.

(b) Area legislators.

(c) For a proposed action affecting a local area:
1. The county clerk and the town or municipal clerk for the project area, with a request that the clerks post the announcement publicly.

2. The county, town, village or city chief executive officer in the project area.

3. Local news media.

4. The regional planning commission.

(d) For a proposed action affecting a region of the state or the state as a whole:
1. The county clerks in the area affected, with a request that the clerks post the announcement publicly.

2. The county chief executive officers in the area affected.

3. Regional news media.

(2) ENVIRONMENTAL ASSESSMENT PREPARATION. Following the deadline for public comment, commission staff shall complete an EA to develop information for the commission's use and to determine whether an EIS is required. Each EA shall include the following information:

(a) A description of the purpose and need for the proposed action.

(b) Maps, graphs or other description of the proposed action's location and design.

(c) A description of those environmental factors the proposed action affects most directly.

(d) An evaluation of significant positive and negative, short-term and long-term environmental effects that would result if the commission approves the proposed action. In preparing this evaluation, the commission shall consider:
1. Effects on geographically important or scarce resources, such as historic or cultural resources, scenic or recreational resources, prime farmland, threatened or endangered species and ecologically important areas.

2. Conflicts with federal, state or local plans or policies.

3. Significant controversy associated with the proposed action.

4. Irreversible environmental effects.

5. New environmental effects.

6. Unavoidable environmental effects.

7. The precedent-setting nature of the proposed action.

8. The cumulative effect of the proposed action when combined with other actions and the cumulative effect of repeated actions of the type proposed.

9. The foreclosure of future options.

10. Direct and indirect environmental effects.

11. Other environmental matters the commission considers relevant.

(e) An evaluation of the reasonable alternatives to the proposed action and significant environmental consequences of the alternatives, including those alternatives that could avoid some or all of the proposed action's adverse environmental effects and the alternative of taking no action.

(f) A list of other persons contacted and summary of comments or other information received from them, including information regarding whether the proposed action complies with the regulations of other governmental units.

(g) A recommendation as to whether the proposed action requires an EIS.

(h) The name of the person preparing the EA.

(3) PRELIMINARY FINDINGS.

(a) The commission shall make a preliminary determination about the need for an EIS, based on the information collected for the EA under sub. (2).

(b) The commission shall notify persons who were provided the announcement of the EA for the proposed action, and other persons the commission knows to be interested in the proposed action, of the preliminary determination. The notice of preliminary determination shall include a description of the proposed action, the preliminary determination whether an EIS is needed, any significant concerns raised about the proposed action, the name of a commission contact person and the period for comment. The commission shall make copies of the EA available to those persons who request it.

(c) The commission shall authorize at least 15 days for public comment on the preliminary determination, commencing with the date the notice under par. (b) is distributed.

(4) DETERMINING NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT.

(a) When the comment period expires, the commission shall determine whether the proposed action is a major action significantly affecting the quality of the human environment within the meaning of s. 1.11(2) (c), Stats., for which an EIS is required. The determination shall be based on the EA prepared under sub. (2) and any comments received on the preliminary determination under sub. (3).

(b) If a finding of no significant impact is made, the commission shall enter the EA as part of the case file for the proposed action and shall send a copy of the EA to each county clerk, city clerk, village clerk, and town clerk in the area of the project.

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