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JTA Section 18

JTA Section 18. Better, Faster, Cheaper for Highway Construction Projects. TRB Waste Management and Resource Efficiency Workshop Jennifer Sellers, Geo-Environmental ODOT. ODOT’s evolving arc of environmental permitting. ODOT. Self Regulation. Performance-Based. 2001 - Present.

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JTA Section 18

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  1. JTA Section 18 Better, Faster, Cheaper for Highway Construction Projects TRB Waste Management and Resource Efficiency Workshop Jennifer Sellers, Geo-Environmental ODOT

  2. ODOT’s evolving arc of environmental permitting ODOT Self Regulation Performance-Based 2001 - Present 90s - Present Complicated Rule & Deterrence Based Early Rule & Deterrence Based 70s & 80s Paleo-Environmental Regulation < 1969 NEPA

  3. ODOT Early rule & deterrence permitting Permits Final Review Public Review Intake All Applicants Regulatory Agency Process “Pipe” • Simplistic terms and conditions • Standards depend on individuals • Wildly varying process times • A lot of violations • Adversarial relationships common

  4. ODOT Regulatory Agency Process “Pipes” All Applicants Permits x Dozen Agencies Complicated rule & deterrence permitting • Long lead times • Bottlenecks • Duplication • Rework • Back Logs • Prescriptive terms and conditions • Etc.

  5. ODOT How to fix kinked up, clogged pipes? • Triage the flow (sorting) • Straighten the pipes

  6. ODOT Airline Check-Ins

  7. Triage the flow; straighten the pipes ODOT Possible airline security checkpoint of the future Enhanced Normal Known Traveler

  8. ODOT Applicants Triage (to sort) Frequent Flyers ‘Tweeners Intensive Care Applicants Triage environmental permitting applicants Capacity to Perform Low High High Willingness to Perform Low Based on D.J. Fiorino (2006) and K. Miller (2011)

  9. ODOT Environmental permitting strategies Capacity to Perform High Low High Willingness to Perform Low Influence Strategies + Compliance

  10. ODOT State Transportation Projects Triage Standard Permitting Process Routine and predictable projects Large, complex projects ‘Tweeners Notice-Based Permitting Process Performance-Based Permitting Process Triage the flow; straighten the pipes Programmatic Permits & Agreements

  11. ODOT Complex procedures and procedural thresholds Specify environmental performance standards to meet Application processing for each project Assess and “certify” applicant’s design & construction processes Significant time & effort on permitting processes Monitor results: dashboards, sampling Assist applicants in developing continuous improvement processes Focus on compliance with administrative procedures Strong enforcement in reserve for significant cases Treat all violations the same Elements of performance-based permitting Instead of… Shift to…

  12. Project Development Standard Permitting Notice-Based Permitting Performance-Based Permitting Collate environmental requirements Standard Permitting Standard Permitting Performance-Based Permitting No Permit Required Notice-Based Permitting Standard Permitting Current challenges Regulatory Agency A B C D ODOT Project X E F G H I

  13. ODOT State Transportation Projects Triage Standard Permitting Process Routine and predictable projects Large, complex projects ‘Tweeners Notice-Based Permitting Process Programmatic Permits & Agreements Performance-Based Permitting Process Desired future state Agency-by-Agency Meets all agencies’ permitting requirements

  14. ODOT’s response to complicated regulatory pipes ODOT $2.4 B Bond (OTIA III) $100M Bond (OTIA II) Workload $400M Bond (OTIA I) 2000 2002 2004 2006 2008 2010 2012 Bridge Replacement Programmatic Permits CETAS

  15. ODOT Performance-based permitting Transparency + Accountability + Consistency = Certainty Performance = Trust

  16. ODOT’s performance-based permitting initiatives ODOT $2.4 B Bond (OTIA III) $100M Bond (OTIA II) Workload 2000 2002 2004 2006 2008 2010 2012 EPS for all Hwy Construction Projects OTIA III Programmatic Permits Improve Permitting Process 2009 Jobs and Transportation Act Workload $400M Bond (OTIA I) CETAS

  17. ODOT Develop Administrative Rules to…  Incorporate Environmental Performance Standards into.. Improve Environmental Permitting Process to… 2009 Jobs and Transportation Act ODOT must… Section 18 • All state highway construction projects • Local Government highway construction projects funded by ODOT • Reduce time to design projects • Reduce time to obtain permits • Reduce costs/delays of redesign • Maintain a strong commitment to environmental stewardship • Reduce state’s dependence on foreign oil

  18. ODOT • Performance Standards • Establish what the outcomes of performance should be • JTA Environmental Performance Standards • Establish what the environmental outcomes of highway construction activities should be

  19. ODOT Aquatic Biological Resources Terrestrial Biological Resources Stormwater Management Pollution and Erosion Control Roadside Development Initial JTA EPS

  20. ODOT Current Efforts Develop environmental performance standards Incorporate early in all highway project designs Integrated EPS documentation and performance measurement (Project Dev.  Construction  Maintenance) Develop Programmatic Permits (Cover ≥ 80% projects) Goal Continuously Improve Performance Environmental, Process, and Organizational

  21. ODOT Long-term goals Standard environmental permitting no longer an aspect of project development Conflicts addressed in planning, not as critical path items for project development

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