Overview of Environmental Overview of Environmental Permitting for Permitting for

Transportation ProjectsTransportation Projects

Preliminary ReportPreliminary Report

Steve Lerch, JLARC AnalystSteve Lerch, JLARC Analyst

Gary Walvatne, TechLaw Inc.Gary Walvatne, TechLaw Inc.

December 17, 2004December 17, 2004

22December 17, 2004December 17, 2004 JLARC Overview of Environmental PermittingJLARC Overview of Environmental Permitting

Scope of ReviewScope of ReviewA A pre-auditpre-audit (overview of issues) (overview of issues) A review of permit streamlining activities in:A review of permit streamlining activities in:

Washington StateWashington State24 state DOTs24 state DOTs

The The beginningbeginning of the audit process, to help of the audit process, to help TPAB consider detailed audit topicsTPAB consider detailed audit topics

Some Some initial management recommendationsinitial management recommendations to agencies, when practical and supportableto agencies, when practical and supportable

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Summary of Findings: Summary of Findings: WashingtonWashington

National leader in permit streamlining National leader in permit streamlining

Successes include:Successes include: Multi-Agency Permitting (MAP) Team;Multi-Agency Permitting (MAP) Team; On-line permit applications;On-line permit applications; Programmatic permits for routine Programmatic permits for routine

maintenance;maintenance; WSDOT liaison program. WSDOT liaison program.

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Summary of Findings: Other Summary of Findings: Other StatesStates

Interviews with 24 state DOTsInterviews with 24 state DOTs

Two common themes:Two common themes: Create cultural change -- encourage creativity Create cultural change -- encourage creativity

and non-traditional problem solving;and non-traditional problem solving; Create efficiencies through use of technology.Create efficiencies through use of technology.

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Objectives of ReviewObjectives of Review

Describe streamlining initiatives in Describe streamlining initiatives in Washington and other statesWashington and other states

Identify successful projects in other states Identify successful projects in other states that could be implemented in Washington that could be implemented in Washington

Determine management-related success Determine management-related success factors that foster effective streamlining factors that foster effective streamlining

Identify options for future TPAB audits Identify options for future TPAB audits and/or evaluationsand/or evaluations

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What is Environmental Permit What is Environmental Permit Streamlining?Streamlining?

Expedited transportation project delivery Expedited transportation project delivery while being good stewards of the while being good stewards of the environment environment

Streamlining Components:Streamlining Components: Reduced TimeReduced Time Reduced CostReduced Cost Maintain or Improve Environmental Maintain or Improve Environmental

PerformancePerformance

77December 17, 2004December 17, 2004 JLARC Overview of Environmental PermittingJLARC Overview of Environmental Permitting

State ReviewsState Reviews

Interviews in Washington, other states Interviews in Washington, other states used the same interview formatused the same interview formatWashington interviews were face-to-faceWashington interviews were face-to-face Included transportation, resource agenciesIncluded transportation, resource agencies

Interviews with other states held by Interviews with other states held by telephonetelephone Limited to State DOT staffLimited to State DOT staff Focus Group of 10 State DOTsFocus Group of 10 State DOTs Additional State DOTsAdditional State DOTs

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Streamlining CategoriesStreamlining Categories

Proactive Regulatory Affairs ActivitiesProactive Regulatory Affairs Activities

Process Re-engineeringProcess Re-engineering

Agency ResourcesAgency Resources

TechnologyTechnology

Time ManagementTime Management

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Summary TablesSummary Tables

Provided in Appendices 4 and 5Provided in Appendices 4 and 5

Tables identify:Tables identify: Streamlining initiatives and projectsStreamlining initiatives and projects Responsible regulatory authorityResponsible regulatory authority Status of initiative/projectStatus of initiative/project AccomplishmentsAccomplishments Factors leading to successful developmentFactors leading to successful development Factors that were overcomeFactors that were overcome

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Washington State ReviewWashington State Review

Interviews with Transportation Agencies:Interviews with Transportation Agencies: WSDOT Environmental ServicesWSDOT Environmental Services Washington State FerriesWashington State Ferries Washington State RailWashington State Rail US DOT Federal Highway AdministrationUS DOT Federal Highway Administration

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Washington State ReviewWashington State Review

Interviews with Resource Agencies:Interviews with Resource Agencies: Washington Department of EcologyWashington Department of Ecology Washington Department of Fish and WildlifeWashington Department of Fish and Wildlife US Environmental Protection AgencyUS Environmental Protection Agency US Fish and Wildlife ServiceUS Fish and Wildlife Service National Marine Fisheries Service (NOAA National Marine Fisheries Service (NOAA

Fisheries)Fisheries) WSDOT Northwest Region MAP TeamWSDOT Northwest Region MAP Team

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Washington Survey Results:Washington Survey Results:SuccessesSuccesses

WSDOT MAP TeamWSDOT MAP Team

WSDOT liaison programWSDOT liaison program

On-line Joint Aquatic Resource Permit On-line Joint Aquatic Resource Permit Application (JARPA)Application (JARPA)

45-day hydraulic project approval for a 45-day hydraulic project approval for a JARPAJARPA

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Washington Survey Results:Washington Survey Results:SuccessesSuccesses

Development of dispute resolution Development of dispute resolution processesprocesses

Interagency cooperative agreementsInteragency cooperative agreements Dispute resolutionDispute resolution Information sharingInformation sharing CommunicationCommunication

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Washington Survey Results:Washington Survey Results:SuccessesSuccesses

Programmatic permitting for maintenance Programmatic permitting for maintenance and operations activitiesand operations activities TPEAC-initiated permitsTPEAC-initiated permits WSDOT-initiated permitsWSDOT-initiated permits

WSDOT Environmental GIS WorkbenchWSDOT Environmental GIS Workbench

TPEAC activities encouraged individual TPEAC activities encouraged individual agencies to start additional streamlining agencies to start additional streamlining initiativesinitiatives

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Washington Survey Results:Washington Survey Results:Areas Requiring Further AttentionAreas Requiring Further Attention

Workload ForecastingWorkload Forecasting

WSDOT Liaison ProgramWSDOT Liaison Program

Highway RunoffHighway Runoff

““Talent Ruling” – 9Talent Ruling” – 9thth Circuit Court Circuit Court

Signatory Agency CommitteeSignatory Agency Committee

Design-Build InitiativeDesign-Build Initiative

Reader-Friendly DocumentsReader-Friendly Documents

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Washington Survey Results:Washington Survey Results:Areas Requiring Further AttentionAreas Requiring Further Attention

Inconsistent FundingInconsistent Funding Failure to fund proposed initiativesFailure to fund proposed initiatives "Interrupted" funding"Interrupted" funding Start-and-stop fundingStart-and-stop funding Low salaries create employee turnover Low salaries create employee turnover Inadequate funding for proposed mitigation Inadequate funding for proposed mitigation

alternatives for project impacts alternatives for project impacts

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Survey of Other StatesSurvey of Other States

Review streamlining for USDOT priority Review streamlining for USDOT priority transportation projectstransportation projects

Survey streamlining developed or Survey streamlining developed or implemented by other State DOTsimplemented by other State DOTs

Assess management successes for Assess management successes for lessons learned that could be applied in lessons learned that could be applied in Washington Washington

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Review of USDOT Priority ProjectsReview of USDOT Priority Projects

Established by Executive Order 13274Established by Executive Order 13274

Projects nominated by agencies and officialsProjects nominated by agencies and officials

3 selection criteria:3 selection criteria: National or regional significanceNational or regional significance High level of support from elected officialsHigh level of support from elected officials Undue delay or anticipated delay due to slow federal Undue delay or anticipated delay due to slow federal

agency review or coordinationagency review or coordination

Not considered model projects of the Not considered model projects of the streamlining processstreamlining process

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Survey of Other StatesSurvey of Other States

Focus Group of 10 State DOTsFocus Group of 10 State DOTsCaliforniaCalifornia OhioOhio

FloridaFlorida OregonOregon

LouisianaLouisiana PennsylvaniaPennsylvania

MinnesotaMinnesota TexasTexas

North CarolinaNorth Carolina UtahUtah

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Survey of Other StatesSurvey of Other States

14 Additional State DOTs14 Additional State DOTsAlaskaAlaska NevadaNevadaIllinoisIllinois New HampshireNew HampshireIndianaIndiana OklahomaOklahomaIowaIowa South CarolinaSouth CarolinaMaineMaine TennesseeTennesseeMississippiMississippi VirginiaVirginiaMissouriMissouri WisconsinWisconsin

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Other States:Other States:Successful InitiativesSuccessful Initiatives

Two common themes:Two common themes: Create cultural change Create cultural change –– encourage creativity encourage creativity

and non-traditional problem solvingand non-traditional problem solving Create efficiencies through use of technologyCreate efficiencies through use of technology

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Other States:Other States:Successful InitiativesSuccessful Initiatives

Governmental affairs office to track legislationGovernmental affairs office to track legislation

Interagency agreementsInteragency agreements

Programmatic permitsProgrammatic permits

Funding resource agency positionsFunding resource agency positions

Brief, concise, and legally-sufficient EISsBrief, concise, and legally-sufficient EISs

Multi-agency planning and permitting teamsMulti-agency planning and permitting teams

GIS- and technology-based information GIS- and technology-based information management management

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Other States:Other States:Management Success FactorsManagement Success Factors

Sense of urgencySense of urgency

Strong support from Executive and Strong support from Executive and Legislative BranchesLegislative Branches

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Other States:Other States:Lessons LearnedLessons Learned

Standardize data systemsStandardize data systems

Use best-available scientific information to Use best-available scientific information to limit project field survey worklimit project field survey work

Make preliminary environmental Make preliminary environmental assessments prior to project developmentassessments prior to project development

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Other States:Other States:Lessons LearnedLessons Learned

Create quality-improvement teamsCreate quality-improvement teams

Re-design project-delivery processesRe-design project-delivery processes

Assess project risks continuously in terms Assess project risks continuously in terms of cost, scope, and scheduleof cost, scope, and schedule

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Other States:Other States:Lessons LearnedLessons Learned

Secure consistent legislative commitment Secure consistent legislative commitment to streamlining initiatives within natural to streamlining initiatives within natural resource agenciesresource agencies

Purchase right-of-way for environmental Purchase right-of-way for environmental mitigation in advance of needmitigation in advance of need

Provide internships at FHWA Provide internships at FHWA headquarters for DOT staffheadquarters for DOT staff

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Review ConclusionsReview Conclusions

Washington State is a national leader in Washington State is a national leader in permit streamliningpermit streamlining Compares favorably with other advanced Compares favorably with other advanced

streamlining programsstreamlining programs Review identifies initiatives with positive Review identifies initiatives with positive

outcomes outcomes Some activities too new to evaluateSome activities too new to evaluate Successful efforts in other states may hold Successful efforts in other states may hold

promise for Washingtonpromise for Washington

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Management Management RecommendationsRecommendations

11::WSDOT should investigate FL, MN WSDOT should investigate FL, MN project delivery designsproject delivery designs..

22::WSDOT, Ecology, WDFW should WSDOT, Ecology, WDFW should consider standardizing GIS, other data consider standardizing GIS, other data to ease exchangeto ease exchange..

33::WSDOT, Ecology, WDFW should WSDOT, Ecology, WDFW should investigate use of “best available investigate use of “best available scientific data” as substitute for field scientific data” as substitute for field survey worksurvey work..

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Options for Future Options for Future Audits/ReviewsAudits/Reviews

AA: : Assess WSDOT progress in Assess WSDOT progress in implementing environmental implementing environmental management system (delayed start)management system (delayed start)..

BB: : Determine impact of resource agency Determine impact of resource agency employee turnover on the permitting employee turnover on the permitting process. process.

CC: : Identify additional performance Identify additional performance measures for environmental permittingmeasures for environmental permitting..