Oregon Jobs and Transportation Act Section 18 Wait for introduction

Oregon Jobs and Transportation Act (JTA) Governor's Transportation Vision Committee Recommended:  Adoption of environmental standards for construction  Increasing the use of performance- based permitting and project design Reps from state govt, legislature, private sector, public agencies, nonprofit orgs, local govt Worked together for over a year to develop a report to the Governor with recommendations with the focus of how to make a new investment in the transportation system that creates jobs for our workers, a sustainable environment for our children, and expand transportation choices for Oregonians They state it marks the most ambitious, strategic, and green transportation plan in Oregon history Stated that ODOT has successfully employed EPS in the OTIA III construction contracts Recommended broadening the use of environmental standards to all transportation construction projects funded with state funds In the long run the concept could be expanded to all publically funded construction projects ODOT through OTIA III has successfully delivered projects with improved environmental stewardship through the use of programmatic permits based on performance standards The implementation of the standards results in positive environmental outcomes because they meet the environmental and sustainability goals of ODOT and the regulatory agencies The Vision Committee recommended ODOT expand the use of performance-based programmatic permitting beyond OTIA II to permit significant portions of the STIP such as bridge and mod projects

Oregon Jobs and Transportation Act (JTA)  Passed by the Oregon Legislature in 2009  Three core themes Accountability, innovation, environmental stewardship Funding for highways, roads, and streets Multimodal funding Add funding piece and split between local ODOT Various fee increases, gas tax increase $273 million per year 50% - state highway program 30% - county road programs 20% to city street programs

JTA Section 18  Addresses Environmental Stewardship  Focuses environmental performance on project outcomes  Direction agency has been heading Using performance based environmental standards is not a new concept for ODOT. We have been heading in this direction since 1996 when environmental stewardship became part of our mission.

JTA Section 18 Requires ODOT to adopt OAR to take into consideration: 2(a) Incorporating Environmental Performance Standards into the design and construction of all state highway projects, including local government highway construction projects funded by ODOT Jen to start here

JTA Section 18 Requires ODOT to adopt OAR to take into consideration: 2(b) Improving environmental permitting process for state highway construction projects to: Reduce time required to design project and obtain environmental permits Reduce the cost and delay associated with redesigning projects to meet environmental requirements Maintain a strong commitment to environmental stewardship Reduce the state’s dependence on foreign oil ODOT is already meeting the intent of Section 18 in many ways. So the “new” approach will build on existing efforts to incorporate EPS into projects around the state and improve environmental permitting. Section 18 is a state law. It does not apply to federal agencies. We must endeavor to align standards and processes developed with those of our regulatory partners.

Initial Vision of OAR  High-level framework to meet requirements of Section 18  Broad environmental principles  Defined process for developing and applying EPS Adopt an OAR that will provide a high-level framework to meet requirements of Section 18 Could include broad environmental goals and define a process for developing the specific EPS and the internal policies and procedures necessary to implement the OAR. Don't see this as a one time only effort - the permitting improvement and stewardship goals are ongoing - continuous process improvement This is where we will need input from our regulatory, consulting, and local govt partners to id ops for improving process

Working Group and Steering Team  Working Group (JTAT) meets every week ODOT Geo-Environmental, Major Projects Branch, Local Agency Program, and Association of Oregon Counties (AOC)  Steering Team meets monthly  ODOT Regions (Environmental, Construction, Bridge, Project Leader, Roadway)  Technical Services (Geo-Environmental, Bridge, Roadway)  Maintenance AOC League of Oregon Cities (LOC) Federal Highway Administration We have been trying to obtain Region representation on the JTAT But money is not available to pay for Region support and Regions are very busy It is important as we get further into this effort that (delete: We hope that as we get into this effort) we (delete: can) obtain Region participation and support in helping with development of the EPSs, programmatics and permitting improvements. It will be in administrative rule and will be applied – to some degree – to all ODOT projects. The Steering Team provides direction to the JTAT and must approve proposals before they can be implemented The Deputy Director of Highways (Doug Tindall) is the Executive Sponsor We will report to the appropriate leadership and discipline teams, as needed.

Collaborative Process  Conducted Listening Sessions (Fall 2009)  ODOT, FHWA, local government staff queried via web survey (May 2010)  ODOT in-reach meetings (June-July 2010)  Regulatory agency and private sector web survey (June-July 2010)  Regulatory and private sector outreach meetings (Fall 2010) The Listening Sessions were conducted last year by Howard Postovit to ODOT, FHWA, local government staff and a few liaisons The LS focused on lessons learned from OTIA III and programmatic permitting Web survey –May All outreach and involvement will be via a collaborative process Stakeholders will help determine composition of OAR, environmental performance standards, internal guidance and processes, and permitting improvements We will also determine what processes are working and codify those into standard practices We will have a web site up and running in April

 Integrate results of internal and external outreach Next Steps  Integrate results of internal and external outreach  Development of Tools • Programmatic permitting and clearances • Internal project delivery procedures • EPS  Develop Program Progress and Performance Reporting  Rulemaking Work Plan is preliminary, waiting from input from internal and external stakeholders Balance specificity of tools with rule [Not sure about this.. We need to balance flexibility with clear direction in rule, as well as level of detail in rule vs. a referenced guidance document. New processes and tools will need to be codified in manuals and policies, etc. In a JTA compendium? Vs. scattered hither and thither in ODOT links? Looking for this to be an adaptive management approach We want a clear set of mutually agreed upon outcomes We want consistency in the calls made by the regulatory agencies We want to be able to demonstrate that we have met the EPS and get the permit Construction compliance will be a big piece

Collaboration “This is a great opportunity for us to expand our work with our regulatory partners in developing a process that addresses multiple needs and improves project delivery. Our collaborative efforts will help us achieve better business, community, and environmental outcomes.” Former ODOT Deputy Director Doug Tindall The directors from the state and federal regulatory agencies support programmatic agreements that target expected outcomes for project activities. They agree that achieving the expected outcomes results in a shortened review timeline. The approach has the support of the ODOT Director and deputy Director of Highways This approach has the support of the OTC The more that we can do in partnership with stakeholders the better outcomes and process

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