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

2 JLARC Overview of Environmental Permitting Scope of Review A pre-audit (overview of issues) A review of permit streamlining activities in: 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

3December 17, 2004JLARC Overview of Environmental Permitting Summary of Findings: Washington National leader in permit streamlining Successes include: Multi-Agency Permitting (MAP) Team; Multi-Agency Permitting (MAP) Team; On-line permit applications; On-line permit applications; Programmatic permits for routine maintenance; Programmatic permits for routine maintenance; WSDOT liaison program. WSDOT liaison program.

4December 17, 2004JLARC Overview of Environmental Permitting Summary of Findings: Other States Interviews with 24 state DOTs Two common themes: Create cultural change -- encourage creativity and non-traditional problem solving; Create cultural change -- encourage creativity and non-traditional problem solving; Create efficiencies through use of technology. Create efficiencies through use of technology.

5December 17, 2004JLARC Overview of Environmental Permitting 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

6December 17, 2004JLARC Overview of Environmental Permitting What is Environmental Permit Streamlining? Expedited transportation project delivery while being good stewards of the environment Streamlining Components: Reduced Time Reduced Time Reduced Cost Reduced Cost Maintain or Improve Environmental Performance Maintain or Improve Environmental Performance

7December 17, 2004JLARC Overview of Environmental Permitting State Reviews Interviews in Washington, other states used the same interview format Washington interviews were face-to-face Included transportation, resource agencies Included transportation, resource agencies Interviews with other states held by telephone Limited to State DOT staff Limited to State DOT staff Focus Group of 10 State DOTs Focus Group of 10 State DOTs Additional State DOTs Additional State DOTs

8December 17, 2004JLARC Overview of Environmental Permitting Streamlining Categories Proactive Regulatory Affairs Activities Process Re-engineering Agency Resources Technology Time Management

9December 17, 2004JLARC Overview of Environmental Permitting Summary Tables Provided in Appendices 4 and 5 Tables identify: Streamlining initiatives and projects Streamlining initiatives and projects Responsible regulatory authority Responsible regulatory authority Status of initiative/project Status of initiative/project Accomplishments Accomplishments Factors leading to successful development Factors leading to successful development Factors that were overcome Factors that were overcome

10December 17, 2004JLARC Overview of Environmental Permitting Washington State Review Interviews with Transportation Agencies: WSDOT Environmental Services WSDOT Environmental Services Washington State Ferries Washington State Ferries Washington State Rail Washington State Rail US DOT Federal Highway Administration US DOT Federal Highway Administration

11December 17, 2004JLARC Overview of Environmental Permitting Washington State Review Interviews with Resource Agencies: Washington Department of Ecology Washington Department of Ecology Washington Department of Fish and Wildlife Washington Department of Fish and Wildlife US Environmental Protection Agency US Environmental Protection Agency US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service (NOAA Fisheries) National Marine Fisheries Service (NOAA Fisheries) WSDOT Northwest Region MAP Team WSDOT Northwest Region MAP Team

12December 17, 2004JLARC Overview of Environmental Permitting 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

13December 17, 2004JLARC Overview of Environmental Permitting Washington Survey Results: Successes Development of dispute resolution processes Interagency cooperative agreements Dispute resolution Dispute resolution Information sharing Information sharing Communication Communication

14December 17, 2004JLARC Overview of Environmental Permitting Washington Survey Results: Successes Programmatic permitting for maintenance and operations activities TPEAC-initiated permits TPEAC-initiated permits WSDOT-initiated permits WSDOT-initiated permits WSDOT Environmental GIS Workbench TPEAC activities encouraged individual agencies to start additional streamlining initiatives

15December 17, 2004JLARC Overview of Environmental Permitting Washington Survey Results: Areas Requiring Further Attention Workload Forecasting WSDOT Liaison Program Highway Runoff “Talent Ruling” – 9 th Circuit Court Signatory Agency Committee Design-Build Initiative Reader-Friendly Documents

16December 17, 2004JLARC Overview of Environmental Permitting Washington Survey Results: Areas Requiring Further Attention Inconsistent Funding Failure to fund proposed initiatives Failure to fund proposed initiatives "Interrupted" funding "Interrupted" funding Start-and-stop funding Start-and-stop funding Low salaries create employee turnover Low salaries create employee turnover Inadequate funding for proposed mitigation alternatives for project impacts Inadequate funding for proposed mitigation alternatives for project impacts

17December 17, 2004JLARC Overview of Environmental Permitting 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

18December 17, 2004JLARC Overview of Environmental Permitting Review of USDOT Priority Projects Established by Executive Order Projects nominated by agencies and officials 3 selection criteria: National or regional significance National or regional significance High level of support from elected officials High level of support from elected officials Undue delay or anticipated delay due to slow federal agency review or coordination Undue delay or anticipated delay due to slow federal agency review or coordination Not considered model projects of the streamlining process

19December 17, 2004JLARC Overview of Environmental Permitting Survey of Other States Focus Group of 10 State DOTs CaliforniaOhio FloridaOregon LouisianaPennsylvania MinnesotaTexas North CarolinaUtah

20December 17, 2004JLARC Overview of Environmental Permitting Survey of Other States 14 Additional State DOTs AlaskaNevada IllinoisNew Hampshire IndianaOklahoma IowaSouth Carolina MaineTennessee MississippiVirginia MissouriWisconsin

21December 17, 2004JLARC Overview of Environmental Permitting Other States: Successful Initiatives Two common themes: Create cultural change – encourage creativity and non-traditional problem solving Create cultural change – encourage creativity and non-traditional problem solving Create efficiencies through use of technology Create efficiencies through use of technology

22December 17, 2004JLARC Overview of Environmental Permitting 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

23December 17, 2004JLARC Overview of Environmental Permitting Other States: Management Success Factors Sense of urgency Strong support from Executive and Legislative Branches

24December 17, 2004JLARC Overview of Environmental Permitting 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

25December 17, 2004JLARC Overview of Environmental Permitting Other States: Lessons Learned Create quality-improvement teams Re-design project-delivery processes Assess project risks continuously in terms of cost, scope, and schedule

26December 17, 2004JLARC Overview of Environmental Permitting 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

27December 17, 2004JLARC Overview of Environmental Permitting Review Conclusions Washington State is a national leader in permit streamlining Compares favorably with other advanced streamlining programs Compares favorably with other advanced streamlining programs Review identifies initiatives with positive outcomes Review identifies initiatives with positive outcomes Some activities too new to evaluate Some activities too new to evaluate Successful efforts in other states may hold promise for Washington Successful efforts in other states may hold promise for Washington

28December 17, 2004JLARC Overview of Environmental Permitting 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.

29December 17, 2004JLARC Overview of Environmental Permitting 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.