New from TRB 2010:New from TRB 2010:The Emerging Federal Initiative to Reduce the The Emerging Federal Initiative to Reduce the

Transportation Project Delivery Timeframe Transportation Project Delivery Timeframe by up to 50%!by up to 50%!

Presented by Joe ShalkowskiPresented by Joe ShalkowskiPBS&JPBS&J

TAEP – Austin ChapterTAEP – Austin ChapterApril 14, 2010April 14, 2010

PrefacePreface

““The origins of this presentation stem from a The origins of this presentation stem from a series of talking points conveyed at the series of talking points conveyed at the

2010 TRB Annual Meeting. And yes, the 2010 TRB Annual Meeting. And yes, the subject of ‘streamlining’ makes me cringe subject of ‘streamlining’ makes me cringe

too”too”

Joe ShalkowskiJoe Shalkowski

PurposePurpose

• Convey what was discussed regarding the Convey what was discussed regarding the Administration’s initiative to reduce the Administration’s initiative to reduce the timeframe for transportation project deliverytimeframe for transportation project delivery

• Focus on the planning and NEPA aspects of Focus on the planning and NEPA aspects of project deliveryproject delivery

• Explore the reasons for most project delays Explore the reasons for most project delays • Highlight opportunities for expediting the Highlight opportunities for expediting the

planning and NEPA processplanning and NEPA process

I Take NEPA Seriously!I Take NEPA Seriously!

The Philosophy Behind the The Philosophy Behind the InitiativeInitiative

• Delays result in higher project costsDelays result in higher project costs• Higher costs lead to fewer dollars Higher costs lead to fewer dollars • Fewer dollars lead to fewer projectsFewer dollars lead to fewer projects• Fewer projects lead to fewer jobsFewer projects lead to fewer jobs• Fewer jobs lead to economic declineFewer jobs lead to economic decline

The Initiative’s ObjectivesThe Initiative’s Objectives

• Identify what are the embedded barriers Identify what are the embedded barriers to efficient project delivery and shatter to efficient project delivery and shatter themthem

• Reverse the trend of increasing Reverse the trend of increasing unnecessary projects delays – Time is unnecessary projects delays – Time is money, every year of delay can mean money, every year of delay can mean millions of dollars in additional costsmillions of dollars in additional costs

Questions to Think About TodayQuestions to Think About Today

• What are the embedded barriers to What are the embedded barriers to efficient NEPA project delivery in Texas efficient NEPA project delivery in Texas and can they be shattered?and can they be shattered?

• What is an “unnecessary project delay” What is an “unnecessary project delay” and how can it be eliminated?and how can it be eliminated?

• What can be done today to cut the What can be done today to cut the timeframe and costs of doing NEPA?timeframe and costs of doing NEPA?

First Things First – Let’s ReviewFirst Things First – Let’s Review

• The Intent of NEPA The Intent of NEPA • The NEPA ProcessThe NEPA Process• The Average Timeframe to Complete The Average Timeframe to Complete

EISs and EAsEISs and EAs

NEPA IntentNEPA Intent

The NEPA Umbrella The NEPA Umbrella is a federally-is a federally-mandated public mandated public disclosure and disclosure and integrated decision- integrated decision- making process:making process:

But, there is more!But, there is more!

NEPA IntentNEPA Intent

• It is our basic National Charter for the protection It is our basic National Charter for the protection of the environmentof the environment

• It is to foster and promote the general welfare of It is to foster and promote the general welfare of present and future generations of Americanspresent and future generations of Americans

• It is to maintain conditions under which man and It is to maintain conditions under which man and nature can exist in productive harmonynature can exist in productive harmony

• Read the actual NEPA Law for more information: Read the actual NEPA Law for more information: 42 U.S.C. 4321 – 4347, as amended42 U.S.C. 4321 – 4347, as amended

NEPA IntentNEPA Intent

So, please remember that NEPA is much So, please remember that NEPA is much more than a process; it involves more than a process; it involves Stewardship: Federal actions should Stewardship: Federal actions should

• Serve, and not just “use”Serve, and not just “use”• Enhance, and not just mitigateEnhance, and not just mitigate• Enrich, and not frustrateEnrich, and not frustrate

The Planning and NEPA ProcessThe Planning and NEPA ProcessPlanning and Programming

Design, ROW, Construction

Federal Action (Decision)

Mitigation Commitments

Impact Analysis

Development of Alternatives

Affected Environment

Purpose and Need

Agency & Public Involvement

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EA TimeframeEA Timeframe

In 1999, FHWA estimated that it took an average In 1999, FHWA estimated that it took an average of 1.5 years to complete an EA. A survey by of 1.5 years to complete an EA. A survey by AASHTO in 2000 estimated that EAs for projects AASHTO in 2000 estimated that EAs for projects that were not delayed took about 14 months (1.2 that were not delayed took about 14 months (1.2 years), but when projects were delayed the EA years), but when projects were delayed the EA took an average of 41 months (3.4 years).took an average of 41 months (3.4 years).

Source: (Dill, J; 2006 – TRB Paper 06-2300).

What are the Principal Causes for What are the Principal Causes for NEPA DelaysNEPA Delays

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Source: (Dill, J; 2006 – TRB Paper 06-2300).

Source: (Dill, J; 2006 – TRB Paper 06-2300).

The Causes of Delay – The Causes of Delay – Conclusions Conclusions

The conditions that most often cause delay The conditions that most often cause delay are generally out of the control of the federal are generally out of the control of the federal and state lead agencies: and state lead agencies:

• Low project priorityLow project priority• Lack of fundingLack of funding• Local controversyLocal controversy• Project complexityProject complexity

Making NEPA More Efficient and Making NEPA More Efficient and EffectiveEffective

1.1. Take advantage of the planning process Take advantage of the planning process as a catalyst for NEPAas a catalyst for NEPA

2.2. Initiate NEPA review only when the Initiate NEPA review only when the project is “ripe”project is “ripe”

3.3. Invest in focused scoping to determine Invest in focused scoping to determine the real issues and those irrelevant to the real issues and those irrelevant to the decisionthe decision

Making NEPA More Efficient and Making NEPA More Efficient and EffectiveEffective

4.4. Don’t avoid, but manage risk –Don’t avoid, but manage risk – Legal defensibility at what ever the cost is Legal defensibility at what ever the cost is

not efficient nor effectivenot efficient nor effective One size fits all project risk assessments One size fits all project risk assessments

don’t work; risk assess each project don’t work; risk assess each project individuallyindividually

5.5. Establish a realistic schedule Establish a realistic schedule

Making NEPA More Efficient and Making NEPA More Efficient and EffectiveEffective

6.6. Prepare decision focused documentsPrepare decision focused documents CEs, validate that an EIS is not needed CEs, validate that an EIS is not needed EAs, determine if the proposed action (build EAs, determine if the proposed action (build

alternative) will result in a “significant impact” alternative) will result in a “significant impact” when compared to the No-Action Alternativewhen compared to the No-Action Alternative

EISs, evaluate reasonable alternatives to EISs, evaluate reasonable alternatives to disclose impacts and assess mitigation disclose impacts and assess mitigation (manage the number of alternatives)(manage the number of alternatives)

7.7. Avoid encyclopedic disclosure for the Avoid encyclopedic disclosure for the sake of full but unnecessary levels of sake of full but unnecessary levels of costly bullet proofingcostly bullet proofing

Making NEPA More Efficient and Making NEPA More Efficient and Effective Effective

8.8. Actively promote joint review Actively promote joint review opportunitiesopportunities

9.9. Respect the Technical Support Data File Respect the Technical Support Data File and Administrative Recordand Administrative Record

Properly document, cite, reference, and file Properly document, cite, reference, and file all information and data that supports the all information and data that supports the decisiondecision

Avoid speculation, non-cited opinions, and Avoid speculation, non-cited opinions, and subjective statements that cannot be subjective statements that cannot be backed upbacked up

Making NEPA More Efficient and Making NEPA More Efficient and EffectiveEffective

10.10. Quality, Innovation, TrainingQuality, Innovation, Training Technical studies and documentationTechnical studies and documentation ReviewsReviews Filing and record keepingFiling and record keeping

QualityQualityCore competencies required to produce quality Core competencies required to produce quality NEPA studies:NEPA studies:

• Astute NEPA leadershipAstute NEPA leadership• Experienced interdisciplinary technical Experienced interdisciplinary technical

supportsupport• Collaborative agency coordination Collaborative agency coordination • Engaging public involvementEngaging public involvement• Refined documentation and record keepingRefined documentation and record keeping• A solid foundation (Purpose & Need)A solid foundation (Purpose & Need)• Synergy between planning, programming, Synergy between planning, programming,

and NEPAand NEPA

InnovationInnovation

Keep asking, “How will NEPA studies be Keep asking, “How will NEPA studies be conducted 10-20 years from now?”conducted 10-20 years from now?”

• Digital Based Environmental Resource Digital Based Environmental Resource Inventory and Impact AnalysesInventory and Impact Analyses

• Next Generation Modeling TechnologyNext Generation Modeling Technology• Multimedia Project Development/Delivery Multimedia Project Development/Delivery

Techniques (Turbo-CE/EA, Internet, Etc.)Techniques (Turbo-CE/EA, Internet, Etc.)• Web Based Management is Here – What’s Web Based Management is Here – What’s

Next?Next?

TrainingTrainingThis ain’t No Party, this ain’t no Disco, this This ain’t No Party, this ain’t no Disco, this

ain’t no Fooling Around!ain’t no Fooling Around!• NEPA is a legal processNEPA is a legal process• It may involve attorneys, lawsuits, and very It may involve attorneys, lawsuits, and very

high stakeshigh stakes• It requires skilled, competent practitionersIt requires skilled, competent practitioners• Training and education are essential to Training and education are essential to

making NEPA more efficient and effectivemaking NEPA more efficient and effective

QuestionsQuestions

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