Next Steps

Programmatic approaches can help reduce permitting time and project costs while protecting the environment. This also allows staff resources to focus on more complex projects, and thereby provide better analysis and response on more challenging types of projects and permits. Through single sets of permitting terms, conditions, and requirements that have been unified and reconciled across agencies, as well as developed with the input and perspective of the applicant and affected stakeholders, the goal of cost-effective, integrated, protective, and workable regulation can be achieved. The Transportation Permit Efficiency and Accountability Committee (TPEAC), the Washington State Department of Transportation (WSDOT), and others have found programmatic approaches to be a worthwhile investment of time and energy [e.g., see (1) Environmental Permitting for Transportation Projects Pre-Audit conducted by the Transportation Performance Audit Board and (2) Report on Status of WSDOT Programmatic Permits issued by WSDOT.]

In looking ahead, TPEAC is pleased to see that the value and benefits inherent to programmatic approaches is consistent with those underlying the Governor’s Regulatory Improvement Program and the recent Executive Order #06-02 on Regulatory Improvement. Accordingly, TPEAC encourages support and leadership from the Governor’s Office of Regulatory Assistance (ORA) to further and more broadly apply this important regulatory improvement approach as follows:
 

• Extend Programmatic (and Multi-Agency Programmatic) Focus More Broadly:

  Work begun for WSDOT to develop common permitting terms and conditions for routine projects (e.g., WSDOT maintenance work) could be extended to other routine local and state transportation, roadway, and infrastructure projects. The Association of Washington Cities, the Washington State Association of Counties, WSDOT, the Regional Road Maintenance Forum (i.e., group of local and county road departments that adopted and follow the ESA approval Regional Road Maintenance Program), and the state and federal natural resource agencies should continue to work together to develop programmatic approaches that address these kinds of projects and permitted activities. ORA can play a valuable role in convening these and other parties to ensure a broader application of programmatic approaches, e.g., a broader application of WSDOT’s existing programmatics.

• Build on Programmatic Use, Update, and Development Efforts of Others:

  Future efforts by the US Army Corps of Engineers to review and update existing nationwide permits may provide opportunities for other agencies to ensure their permitting terms, conditions, and requirements are appropriately updated, synchronized, and where possible integrated. Future efforts by WDFW to update and develop further programmatics may provide a similar such opportunity. ORA can play a valuable role in ensuring regulatory agencies’ comprehensive awareness of one another’s programmatic use, update, and development efforts, and encouraging the synchronization and integration of such.

   

• Continue Specific Focus on WSDOT:

  The remaining activities for which WSDOT plans to develop programmatic permits include pile replacement in fresh water, and seismic retrofit of bridge structures located over water. WSDOT expects to begin the development of the pile replacement permit in Spring 2006 with completion scheduled for Fall 2006/Winter 2007. WSDOT expects to begin work on seismic retrofit in early 2007.

• Measure Performance: 

  There is a continued need to measure the performance of programmatic agreements to determine if initial assumptions on cost/benefit savings and equivalent resource protection are correct. WSDOT can serve as a model for the work they’ve done evaluating cost/benefit savings associated with development and implementation of programmatic approaches. WSDOT compiles annual performance data on programmatics based on frequency of permits used and feedback regarding utility of the permits from field crews on an annual basis. As part of the Governor’s Regulatory Improvement Program, ORA can play a valuable role in setting an overall framework for measuring and valuing agencies’ development and use programmatic approaches.

• Utilize Adaptive Management Approaches:   

  TPEAC encourages a strong commitment to adaptive management when developing and using programmatic approaches. Fine-tuning programmatics over time to address concerns and issues from field staff and applicants, as well incorporating lessons learned from previous years’ use, is essential to realizing optimal cost/benefit and resource protection benefits. ORA can help to set this expectation as part of the Governor’s Regulatory Improvement Program.

History/Background Information

TPEAC’s authorizing legislation, ESB 6188, required the formation of a technical subcommittee to “. . . create a process to develop a programmatic approach for transportation projects.” A “programmatic approach” is defined as a permit or other action that:

• covers a geographic or statewide area;
• applies to a variety of projects, activities, or locales; and
• may allow actions to proceed without individual approval by each permit decision-making agency.

The Programmatic Process Subcommittee (Subcommittee) began meeting in October 2001 to develop programmatic approaches that would expedite project delivery, reduce project cost, and protect and enhance environmental conditions through process efficiencies.

Prior to the establishment of TPEAC, the Washington State Department of Transportation (WSDOT) had engaged in developing programmatic coverage for various transportation-related activities by working directly with individual resource agencies for certain types or groups of activities. However, research by the Subcommittee found that no programmatic approach had been developed where all jurisdictional agencies agreed on common conditions for a specific activity that could lead to project approval by each agency. Further, in pursuing programmatic coverage under this process (i.e., seeking individual programmatics from each agency), the Subcommittee identified two significant issues:

1. Since project conditions were negotiated with an individual agency, permit conditions often varied between agencies for each activity; and
2. pursuing programmatic coverage under this process was time consuming due to the complexity of the issues, lack of dedicated staff and other resources, and the numerous jurisdictions involved.

In their April 2002 report to TPEAC, the Subcommittee:

• summarized their findings on the current status of programmatic coverage;
• identified and prioritized WSDOT activities suitable for programmatic coverage; and
• presented their recommended programmatic approach for approval by TPEAC.

Following TPEAC’s approval of the final report, the Subcommittee worked to develop programmatic permits for priority activities. By August 2005, programmatic agreements had been developed for all of the transportation activities identified in the final report with the exception of stream bank stabilization, bridge scour, and bridge removal (which were determined to not be suitable for programmatic coverage because they are high impact, high risk, site specific, and non-routine). Currently, programmatic permits provide coverage for approximately 90% of the Washington State Department of Transportation's (WSDOT) Maintenance Program, 30% of WSDOT’s Preservation Program (e.g., bridge painting and washing, bridge deck replacement, and pile replacement), and less than 3% of WSDOT’s Improvement Program (e.g., culvert replacement and sediment test boring). The current programmatic coverage reflects the initial expectation of the Programmatic Subcommittee that programmatic permits were suitable for low impacting activities.

In addition to the efforts of the Programmatic Permits Subcommittee, TPEAC’s Local Government Task Force recommended the development of a nighttime noise programmatic permit. WSDOT worked with the City of Renton and the Renton Public Works to develop a programmatic noise covering nighttime maintenance work along I-405 within the City of Renton. This permit was issued in June 2005, and is valid through October 2010. Once approved, the permit was immediately utilized for scheduled maintenance work along I-405. Use of the programmatic permit will be monitored by WSDOT to determine how beneficial it is before applying it in other areas. The programmatic approach provides predictability in that permit conditions are set for a period of five years and will reduce review time by both the City of Renton and WSDOT.

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Ongoing/Related Efforts

The Governor’s Office of Regulatory Assistance oversees the Governor’s Regulatory Improvement Program. ORA leads a multi-agency collaborative program involving local, state, and federal levels of government, and works with licensing, tax collection, permitting, and other regulatory agencies to improve and simplify regulatory services, systems, and requirements. In January 2006, ORA identified further use and integration of programmatic approaches as a significant regulatory integration and improvement opportunity, as well a valuable way to reduce the complexity of application and permitting procedures for routine activities while increasing environmental outcomes. ORA is now conducting a more focused Regulatory Improvement Project to specifically identify and promote opportunities to develop and use streamlined programmatic approaches in Washington. Key to this Project is a comprehensive statewide survey of environmental programmatic approaches developed for use in Washington and the identification of future integration and alignment opportunities among regulatory agencies. The intent of the ORA effort is to realize further gains in regulatory predictability, use of governmental regulatory resources, and environmental outcomes above and beyond those achieved strictly WSDOT projects.

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