Overview of Environmental Permitting for Transportation Projects

1. Overview of Environmental Permitting for Transportation Projects Preliminary Report Steve Lerch, JLARC Analyst Gary Walvatne, TechLaw Inc. December 17, 2004

2. Scope of Review • A pre-audit (overview of issues) • A review of permit streamlining activities in: • Washington State • 24 state DOTs • The beginning of the audit process, to help TPAB consider detailed audit topics • Some initial management recommendations to agencies, when practical and supportable JLARC Overview of Environmental Permitting

3. Summary of Findings: Washington • National leader in permit streamlining • Successes include: • Multi-Agency Permitting (MAP) Team; • On-line permit applications; • Programmatic permits for routine maintenance; • WSDOT liaison program. JLARC Overview of Environmental Permitting

4. Summary of Findings: Other States • Interviews with 24 state DOTs • Two common themes: • Create cultural change -- encourage creativity and non-traditional problem solving; • Create efficiencies through use of technology. JLARC Overview of Environmental Permitting

5. Objectives of Review • Describe streamlining initiatives in Washington and other states • Identify successful projects in other states that could be implemented in Washington • Determine management-related success factors that foster effective streamlining • Identify options for future TPAB audits and/or evaluations JLARC Overview of Environmental Permitting

6. What is Environmental Permit Streamlining? • Expedited transportation project delivery while being good stewards of the environment • Streamlining Components: • Reduced Time • Reduced Cost • Maintain or Improve Environmental Performance JLARC Overview of Environmental Permitting

7. State Reviews • Interviews in Washington, other states used the same interview format • Washington interviews were face-to-face • Included transportation, resource agencies • Interviews with other states held by telephone • Limited to State DOT staff • Focus Group of 10 State DOTs • Additional State DOTs JLARC Overview of Environmental Permitting

8. Streamlining Categories • Proactive Regulatory Affairs Activities • Process Re-engineering • Agency Resources • Technology • Time Management JLARC Overview of Environmental Permitting

9. Summary Tables • Provided in Appendices 4 and 5 • Tables identify: • Streamlining initiatives and projects • Responsible regulatory authority • Status of initiative/project • Accomplishments • Factors leading to successful development • Factors that were overcome JLARC Overview of Environmental Permitting

10. Washington State Review • Interviews with Transportation Agencies: • WSDOT Environmental Services • Washington State Ferries • Washington State Rail • US DOT Federal Highway Administration JLARC Overview of Environmental Permitting

11. Washington State Review • Interviews with Resource Agencies: • Washington Department of Ecology • Washington Department of Fish and Wildlife • US Environmental Protection Agency • US Fish and Wildlife Service • National Marine Fisheries Service (NOAA Fisheries) • WSDOT Northwest Region MAP Team JLARC Overview of Environmental Permitting

12. Washington Survey Results:Successes • WSDOT MAP Team • WSDOT liaison program • On-line Joint Aquatic Resource Permit Application (JARPA) • 45-day hydraulic project approval for a JARPA JLARC Overview of Environmental Permitting

13. Washington Survey Results:Successes • Development of dispute resolution processes • Interagency cooperative agreements • Dispute resolution • Information sharing • Communication JLARC Overview of Environmental Permitting

14. Washington Survey Results:Successes • Programmatic permitting for maintenance and operations activities • TPEAC-initiated permits • WSDOT-initiated permits • WSDOT Environmental GIS Workbench • TPEAC activities encouraged individual agencies to start additional streamlining initiatives JLARC Overview of Environmental Permitting

15. Washington Survey Results:Areas Requiring Further Attention • Workload Forecasting • WSDOT Liaison Program • Highway Runoff • “Talent Ruling” – 9th Circuit Court • Signatory Agency Committee • Design-Build Initiative • Reader-Friendly Documents JLARC Overview of Environmental Permitting

16. Washington Survey Results:Areas Requiring Further Attention • Inconsistent Funding • Failure to fund proposed initiatives • "Interrupted" funding • Start-and-stop funding • Low salaries create employee turnover • Inadequate funding for proposed mitigation alternatives for project impacts JLARC Overview of Environmental Permitting

17. Survey of Other States • Review streamlining for USDOT priority transportation projects • Survey streamlining developed or implemented by other State DOTs • Assess management successes for lessons learned that could be applied in Washington JLARC Overview of Environmental Permitting

18. Review of USDOT Priority Projects • Established by Executive Order 13274 • Projects nominated by agencies and officials • 3 selection criteria: • National or regional significance • High level of support from elected officials • Undue delay or anticipated delay due to slow federal agency review or coordination • Not considered model projects of the streamlining process JLARC Overview of Environmental Permitting

19. Survey of Other States • Focus Group of 10 State DOTs California Ohio Florida Oregon Louisiana Pennsylvania Minnesota Texas North Carolina Utah JLARC Overview of Environmental Permitting

20. Survey of Other States • 14 Additional State DOTs Alaska Nevada Illinois New Hampshire Indiana Oklahoma Iowa South Carolina Maine Tennessee Mississippi Virginia Missouri Wisconsin JLARC Overview of Environmental Permitting

21. Other States:Successful Initiatives • Two common themes: • Create cultural change – encourage creativity and non-traditional problem solving • Create efficiencies through use of technology JLARC Overview of Environmental Permitting

22. Other States:Successful Initiatives • Governmental affairs office to track legislation • Interagency agreements • Programmatic permits • Funding resource agency positions • Brief, concise, and legally-sufficient EISs • Multi-agency planning and permitting teams • GIS- and technology-based information management JLARC Overview of Environmental Permitting

23. Other States:Management Success Factors • Sense of urgency • Strong support from Executive and Legislative Branches JLARC Overview of Environmental Permitting

24. Other States:Lessons Learned • Standardize data systems • Use best-available scientific information to limit project field survey work • Make preliminary environmental assessments prior to project development JLARC Overview of Environmental Permitting

25. Other States:Lessons Learned • Create quality-improvement teams • Re-design project-delivery processes • Assess project risks continuously in terms of cost, scope, and schedule JLARC Overview of Environmental Permitting

26. Other States:Lessons Learned • Secure consistent legislative commitment to streamlining initiatives within natural resource agencies • Purchase right-of-way for environmental mitigation in advance of need • Provide internships at FHWA headquarters for DOT staff JLARC Overview of Environmental Permitting

27. Review Conclusions • Washington State is a national leader in permit streamlining • Compares favorably with other advanced streamlining programs • Review identifies initiatives with positive outcomes • Some activities too new to evaluate • Successful efforts in other states may hold promise for Washington JLARC Overview of Environmental Permitting

28. Management Recommendations • 1:WSDOT should investigate FL, MN project delivery designs. • 2:WSDOT, Ecology, WDFW should consider standardizing GIS, other data to ease exchange. • 3:WSDOT, Ecology, WDFW should investigate use of “best available scientific data” as substitute for field survey work. JLARC Overview of Environmental Permitting

29. Options for Future Audits/Reviews • A: Assess WSDOT progress in implementing environmental management system (delayed start). • B: Determine impact of resource agency employee turnover on the permitting process. • C: Identify additional performance measures for environmental permitting. JLARC Overview of Environmental Permitting