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Explore the benefits and legal requirements of public involvement in transportation decision-making presented by Ohio Department of Transportation. Understand the process, regulations, and significance of early coordination for successful project development. ####
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Public Involvement
Why? Who Cares? • Directed by NEPA • USDOT agencies required to develop and implement a Public Involvement (PI) process • Communities have a vested interest in shaping transportation decisions • Stakeholders and the public are part of the decision-making process • Address potential impacts to quality of life and day-to-day activities Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Instills Value… • By encouraging participation and input • By providing direction • By promoting inclusion and diversity • Through learning and collaboration • By building trust • By creating transparency Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Benefits of PI • Understand community needs, values, and desires • Provides early and continuous engagement with stakeholders and the public • Provides sufficient opportunities for public comments at key decision points • Considers EJ and Title VI needs Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Generally, PI is Conducted When… • Federal-aid projects require significant amounts of ROW • The layout or function of connecting roadways or the facility being improved is substantially changed • Substantial adverse impacts occur to abutting properties • Significant social, economic, or environmental impacts occur in which FHWA determines a Public Hearing is in the best interest of the public Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Legal Requirements
NEPA • …opportunity for public involvement shall satisfy the requirements of the National Environmental Policy Act of 1969, and may consist of activities including public meetings or hearings , small group meetings with local officials, individual meetings, news releases, public notices, workshops, newsletters… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Regulations Require… • Adequate notice for public review and comment at key decision points • Public input be considered and responded to • Engaging traditionally underserved populations • Environmental Justice (EJ) populations • Older adults, individuals with disabilities, etc. • States to periodically review PI process to ensure full and open access is provided to everyone Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
CEQ Regulations 23 CFR 450.212 • Provide complete and timely information • Adequately explain transportation issues and the environmental process • Provide full access to key decisions • Access to technical and policy information used in the development and planning of a project • Opportunities for early and continuing involvement Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
FHWA Regulations 23 CFR 771.105 • Public involvement and a systematic interdisciplinary approach are essential parts of the development process for proposed actions • No person, based on handicap, age, race, color, sex or national origin, shall be excluded from participating in, denied benefits, or be subject to discrimination under any Administration program or procedural activity Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
FHWA Regulations 23 CFR 771.111 • Early coordination…aids in determining the type of environmental document an action requires, the scope of the document, the level of analysis needed, and related environmental requirements • This involves the exchange of information from inception of a proposal for action to perpetration of the environmental document Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Ohio Law Ohio Revised Code (ORC) 5511.01 • Before establishing any additional highways as part of the state highway system or making any significant changes in existing highways comprising the system, the Director of Transportation shall notify the general community of the project and offer an opportunity for appropriate public involvement… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
ODOT’s PI Process
ODOT’s PI Process • Approval by FHWA required • Procedures must provide for: • Appropriate coordination of PI activities • Early and continuous opportunities for the public to be involved during project development • Appropriate identification of social, economic and environmental impacts • Including impacts associated with the relocation of individuals, groups or institutions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
ODOT’s PI Process • Integrated with PDP • Dependent on project type • Minimum PI requirements • Reflects ODOT’s and FHWA’s PI focus • OES published a manual and provides training • Next training class is May 19, 2015 • Developing an advanced PI class Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Focus Areas • Communication • Early and often • Proactive engagement • Obtain alternate viewpoints • Balance public and project interests • Reduce and/or resolve controversy Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
PI and ODOT’s PDP • Path 1, Path 2, and Non-Complex Path 3 • Path 1 and Path 2 do not require a PI Plan • As appropriate for Non-Complex Path 3 • PI meetings typically not required • Internal ODOT consultation may be needed • Environmental, Real Estate, etc. • Stakeholder consultation and PI activities based on project type and complexity • Maintenance of traffic concerns • Minor local controversy Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
PI and ODOT’s PDP • Complex Path 3, and Path 4 and Path 5 • PI Plan required • Adjusted as project progresses • PI activities correspond to decision-making points • Stakeholder consultation • Separate meetings • Focus groups, workshops • Public Meetings and/or Public Hearings Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
PI and ODOT’s PDP • PI continues after approval of the environmental document • Provide status updates • Manages controversy • Specific PI • Section 106, Noise, etc. Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Stakeholders • Those potentially affected by a project • Directly or indirectly/positively or negatively • Have a “stake” in the success or failure of a project • Individuals • Non-profit organizations • Elected officials • Businesses • Federal and state agencies • Project sponsors Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Stakeholders • Assets to the Project Management Team • Consulted early • Ongoing involvement depends on a project’s type and complexity, as well as the need for input • Assemble stakeholder groups at the beginning • Define roles and responsibilities • Define ground rules • Develop communication protocols Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Public Involvement Plan • Outlines decision-making process • Defines strategic PI objectives • Identifies issues to consider • Identifies stakeholders • Identifies means and methods of disseminating information • Identifies appropriate outreach efforts/activities • Identifies decision makers • Identifies staff, budget, and other resources Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Managing the PI Process • Identify decision-makers • Define when decision points will occur • Define how decisions will be made • Determine how stakeholders and the public will be consulted for each decision needed • Determine how recommendations and comments will be conveyed to decision-makers Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Effective Decision-Making • Communicate the decision-making process • Understand which decisions will be made • Who has decision-making authority • Four levels of decision-making Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Defining Roles in the Decision-making Process Manages Expectations Decision-Making Flow Chart Southwestern Warren County Transportation Study Advisory Committee Key Influencers - Leader Interviews Commissioners County Engineer MPO ODOT FHWA Study Team Other Stakeholders General Public Study & Recommend Inform & Advise Decide Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Public Notification • vs. • Public Involvement
Public Notification • One-way communication • Basic • Easily understood • Travel advisories • Project updates • Updates on planned projects Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Public Involvement • Two-way communication • Provides feedback • Interactive • Concerns, ideas, opinions are heard and addressed Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Communication Strategies • Provide a viable message • Encourage participation • Provide appropriate materials and information • Means of distribution that reaches EVERYONE, including the traditionally underserved • Social Media • Project Website • News Outlets • Newsletters • Fliers/Mailers Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Public Meetings • Most common PI activity • Encompasses other PI activities • Opportunity to listen, learn, share • Encourages personal interaction • Removes barriers • Allows for dissenting views/opinions to be heard • Issues can be discussed • Conducted in the Planning Phase of the PDP • May be needed in later phases Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Open House Public Meetings • Can be an opportunity for the public to speak and be heard by their peers (a.k.a. open microphone) • Part of public hearing for EA/EIS projects • Strongly recommended for Path 4 and Path 5 • Advertise if open microphone will be provided • All comments addressed at or following the meeting • Keep detailed minutes • Develop ground rules Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Effective Strategies
Plan For Success! No single correct action, set of actions, or activities or techniques will always guarantee successful PI • Communicate early and often • Be flexible • Every project is unique – be ready to adapt • Carefully identify potential stakeholders • Develop trust and credibility Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
SEND THE RIGHT MESSAGE Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
DO NOT INVITE CONTROVERSY Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
PI Standards • Convey information in an easily understood manner • Provide reasonable access to technical information used in project development • Provide adequate notice of PI activities and for all public review and comment opportunities • Consider and provide adequate responses to public comments received during planning and development Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Definition Involves a collaborative, interdisciplinary approach in which stakeholders, citizens and agencies are part of the planning and design team Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Context Sensitive Approach • Considers Purpose & Need of a transportation project, and then addresses equally: • Safety • Mobility • Preservation • Aesthetics • Cultural Resources • Community values Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Principles • Address the transportation need • Safe, financially feasible, implementable • Provides assets that are accepted by stakeholders and adds value to the community • Compatible with the natural and built environments • Implemented with minimal impacts and is aesthetically appropriate Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Aesthetic Design is NOT… • A process used on specific projects • A change from ODOT’s PDP • A “fancy” way to conduct PI Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Organizational Needs for Successful Implementation • Culture Change • A customer focused initiative • Work processes and procedures • Policies (funding, approaches) • Emphasis on Project Management • Technical skill set improvements • Information and asset management Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Effective Decision-Making Positional Based vs. Interest Based Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Positional Based • Starts with the solution • Parties propose solutions to one another until they hit upon one that is somewhat acceptable to both of them Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Interest Based • Starts with developing and preserving the relationship • Parties educate each other about their needs and then jointly problem solve “The Orange” Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
Triangle of Satisfaction INTERESTS Procedural Psychological Substantive Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
To jointly set goals, we must establish trust and credibility Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
To establish trust and credibility,we must manage expectations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation
To manage expectations, we must have an effective decision-making process Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation