Oregon Jobs and Transportation Act Section 18 External Stakeholder Meetings

OREGON DEPARTMENT OF TRANSPORTATION JTA Section 18 Requires ODOT to adopt OAR, taking into consideration: 2(a) “Incorporating environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department.”

OREGON DEPARTMENT OF TRANSPORTATION JTA Section 18 2(b) “Improving environmental permitting process for state highway construction projects to: (A) Reduce time required to design projects and obtain environmental permits. (B) Reduce the cost and delay associated with redesigning projects to meet environmental requirements. (C) Maintain a strong commitment to environmental stewardship. (D) Reduce the state’s dependence on foreign oil.” Requires ODOT to adopt OAR, taking into consideration:

OREGON DEPARTMENT OF TRANSPORTATION Collaborative Information Gathering Process  Conducted Listening Sessions (Fall 2009).  ODOT, FHWA, local government web survey (May 2010).  ODOT in-reach meetings (June-July 2010).  Regulatory agency, tribes, and private sector web survey (June-July 2010).  Regulatory agency and private sector outreach meetings (October 2010).

OREGON DEPARTMENT OF TRANSPORTATION Outreach Meeting Goals  Understand partner agency expectations and needs.  Receive feedback on ODOT goals.  Identify specific improvements to cooperatively pursue.  Build closer working relationships.

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals to Meet JTA Section 18 Environmental Permitting Process  Performance-based approach to permitting that provides early approval, with an increasing emphasis on compliance and a feedback loop.  Knowing early in project design what to design to for environmental compliance.  Avoiding later changes in regulatory requirements.

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont.  Environmental outcomes or goals are clearly and simply stated.  Ambiguous terms are clarified (e.g., “significant,” “minor,” or “practicable”).  Innovation in design and construction are encouraged. Environmental Performance Standards (EPS)

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont.  Not one-size-fits-all, but designed with contexts in mind (e.g., eastside vs. westside; high-quality resources vs. degraded).  Variance processes, when needed, are reasonable and efficient. Environmental Performance Standards (EPS)

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont.  Non-notifying, ODOT-internal review process for routine, low-risk projects.  Less cumbersome than standard permitting process.  Compliance documentation and monitoring are reasonable, of real value and efficient.  Adaptable (e.g., can accommodate new listings or scientific findings without major changes). Programmatic Permits

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont.  Clarify where design flexibility can meet desired outcomes.  Programmatic sideboards are clearly stated.  Permitting and project delivery processes are synchronized. Programmatic Permits

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont.  Liaisons and managers interpret laws, regulations and rules consistently and accurately and recognize inherent flexibility in rules and regulation.  Conflict resolution/elevation approaches that are timely, effective, and preserve relationships. Regulatory Agency Relationships

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont. 1) Help meet programmatic and streamlined permits through creative suggestions and appropriate flexibility in regulations and permit requirements. 2) Give early, candid identification of risks to scope for proposed design and permitting options. Regulatory Agency Relationships  Liaisons provide ODOT proactive assistance to:

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont. Environmental Stewardship  Balance stewardship with transportation goals.  Meeting the EPS is accepted by regulatory agencies as sufficient environmental uplift.  Clear differentiation between enhancements and requirements.  Should provide good ecological value for the level of investment.

OREGON DEPARTMENT OF TRANSPORTATION ODOT Goals, cont. Compensatory Mitigation  Flexibility in mitigation bank service areas where statewide coverage is lacking.  More fee-in-lieu mitigation options.  More efficient mitigation banking development process.

OREGON DEPARTMENT OF TRANSPORTATION Next Steps  Conduct regulatory agency and private sector outreach meetings.  Integrate results of internal and external input.  Analyze current regulatory tools and processes.  Develop recommendations for JTA-specific tools and processes: Programmatic permitting and clearances Internal project delivery processes and procedures IGAs and MOAs with regulatory agencies EPS  Develop program performance metrics and reporting.  Initiate rulemaking.

OREGON DEPARTMENT OF TRANSPORTATION Questions/Comments?