PUGET SOUND SECTION SPONSORS BIENNIAL LAW CONFERENCE

by Hiller West, WA APA PSS Section Past President

APA Washington Chapter President Joe Tovar provided the luncheon speech

On April 16, the Puget Sound Section hosted an all-day planning law conference at the Meydenbauer Center in Bellevue. The conference included three tracks: Legal & Legislative, Climate Change and Sustainability, and Smart Growth. Each track had four sessions, moderated in most cases by individual section board members.

The variety of sessions provided an overview of the current "state of the art" in planning law, with a focus on Washington State. Individual sessions addressed the 2009 legislative session, updates on GMA, shoreline planning, housing and green construction practices. Panelists generally included practicing attorneys and representatives of non-profit agencies and local and state governments.

University of Washington Master of Urban Planning Students helped with registration; pictured here is Kirk Rappe

Incoming Section President Julia Park welcomed everyone to the conference, and Bellevue City Council member Conrad Lee provided the opening remarks. APA Washington Chapter President Joe Tovar provided the luncheon speech. Conference co-sponsors included BHC consultants, ESA Adolfson, Gordon Derr, PMC Reid Middleton and RW Thorpe and Associates. Several of the co-sponsor firms hosted exhibit tables at the conference.

Following the conference, many attendees indicated what a great value the conference provided for a low registration fee.

WHERE'S THE "STIMULUS" MONEY AND IS YOUR NEPA DONE YET?

By Michael Booth, AICP, Environmental and Community Planning Director, Perteet, Inc.

By now most of you have either dealt with or heard of the American Recovery and Reinvestment Act (ARRA). Plus, you know that the majority of ARRA funds went to road projects, pavers, and some transit agency projects. In fact there was an article in Jan-March 2009 PSS Newsletter from the Puget Sound Regional Council (PSRC) asking for comments on their funding choices. In the middle of March, the PSRC board did identify $78 million in road projects to receive the Federal Highway Administration (FHWA) funds and $136 million in transit projects using Federal Transit Administration (FTA) funds through the ARRA of 2009.

Has all the money been spent?

Not yet! In fact on May 14th, the PSRC Transportation Policy Board adopted a PSRC ARRA contingency project list for the redistribution of unused funds. For example, a City of Redmond bridge project received construction bids $3 million below the engineer's estimate, that money was returned to PSRC for redistribution. In this case, those excess FHWA funds were awarded to the South Kitsap Industrial Area Connector. With current tendencies for contractors to submit lower bids, you never know when money will come back through PSRC. That is why it is important to continue moving forward on the NEPA approval process. This process has become more streamlined with the help of WSDOT's Local Programs staff and the Programmatic NEPA Categorical Exclusion (CE).

Why move forward, when your project may not have received the strategic ARRA funds?

Even if a particular project isn't currently funded, obtaining NEPA approval will improve the project's competitive funding position under PSRC and ARRA criteria. One of things that we have discovered with our local agency clients is that many of them are postponing the NEPA process. The likely cause is that many of the agency staff aren't aware of the cost-effective Programmatic NEPA Categorical Exclusion (CE) process that is a streamlined NEPA approval. Even if your agency projects did not initially qualify for federal stimulus funding, you should still consider obtaining NEPA approval for the projects in the design phase in the event additional funding becomes available.

Here are things you need to know about the NEPA process:

• Programmatic NEPA categorical exclusion can be completed in as little as 30-45 days from start to finish. This process can be a low-cost budget item.
• Your project(s) may qualify for programmatic categorical exclusions depending on the range of environmental impacts.
• The key to NEPA programmatic categorical exclusions is that the project does not impact Endangered Species Act resources, direct wetland impacts, environmental justice populations, impair cultural resources, or require federal permits.

Even if your projects don't qualify for the programmatic categorical exclusion, the standard NEPA categorical exclusion process can still be done in 60 to 90 days. Our experience shows that it is better to have the technical studies done immediately and not try to figure out a loophole. Most technical analyses of endangered species effects, environmental justice populations, wetland impacts, or cultural resources can be completed in as little as 30 to 45 days. You should also remember that in order for your Public Works department to buy right-of-way, the NEPA needs to be done - another reason to get the approval early.

By understanding these key thresholds, you can start to work with your engineers and WSDOT Local Programs' staff to secure NEPA approval before the next cycle of funding /redistribution cycle. Taking this early and critical step will position your agency to meet the "shovel ready" stage needed to secure funding.

For more details on how the ARRA funding process is evolving, go to the American Recovery Act web site: www.recovery.gov. . To understand how our region has used ARRA funds and where future funds may be allocated, visit the PSRC web site: psrc.org/recovery.htm.

Michael Booth, AICP is the Environmental and Community Planning Director at Perteet, Inc. He and his staff specialize in NEPA/SEPA documentation and on-call planning services. He can be reached at Mbooth@perteet.com.

NEW UNIVERSITY OF WASHINGTON PROFESSIONAL AND CONTINUING EDUCATION COURSES

Announcing new University of Washington Professional & Continuing Education courses! The following courses are new:

Certificate in Sustainable Transportation (online) - NEW!

In this online professional program explore the critical concepts and issues inherent in developing a sustainable transportation system, including policies and programs to encourage sustainable practices. The program includes three courses: Livable Communities, Mode Choices, and Demand Management. Approved by the University of Washington's College of Engineering, Civil & Environmental Engineering Department. Online information meeting: 6/18, 4:30-5:30. Program starts this fall. For more information, visit www.extension.washington.edu or call 888-469-6499.

Certificate in Decision Making for Climate Change (online) - NEW!

In this online professional certificate program, you will develop an understanding of the causes of global warming and stay current with the most current thought on the climate change issues. Explore climate change as it relates to government policies, economics, and strategic planning. Learn how to develop and implement an effective response plan. Courses include: Strategic Planning for Adaptation to Climate Change, Climate Literacy, The Business of Mitigating Climate Change, and Policy Responses and Options. Program starts this fall. For more information, visit www.extension.washington.edu or call 888-469-6499.

Certificate in The Practice and Policy of Composting, Recycling and Waste Prevention (Online or Classroom) - NEW!

In this online professional certificate program, you will look at the policy aspects of composting, recycling and waste prevention as well as the financial, technical, community, and infrastructure aspects. Approved by the University of Washington's College of Engineering, Civil & Environmental Engineering Department. Online information meeting: 6/3, noon-1:00 PST and 8/12 PST. Program starts this fall. For more information, visit www.extension.washington.edu or call 888-469-6499.

Certificate in Low Impact Development (Seattle) - NEW!

Study the science, policy, design, and maintenance of Low Impact Development (LID) projects in this professional certificate program offered in Seattle. Develop a comprehensive understanding of LID as a process that involves many stakeholders working across public and private sectors, and gain project experience by conducting actual fieldwork. Approved by the University of Washington's College of Engineering, Civil & Environmental Engineering Department. Information Meetings: 6/10, 5:30-7 p.m., Extension Downtown and 7/29, 5:30-7 p.m., UW Campus. Program starts this fall. For more information, visit www.extension.washington.edu or call 888-469-6499.

For more information, please contact Karen Haberfeld, Assistant Director Marketing, at 206-685-6707.

SPRING '09 BROWN BAG SCHEDULE

APA Brown Bag Spring 2009 Series Schedule

By Stan May

Announcing the Puget Sound Section APA Spring '09 Brown Bag Series of continuing education

Come to the FREE session you need to do your job better! APA-subsidized lunches, only $5! RSVPs are not required to attend or to buy a lunch. RSVPs are used to estimate the number of lunches to order. Please RSVP before 9:00 am Monday morning each week to Stan May: stan.may@bhcconsultants.com or (206) 505-3400.

Topic	Time	Place	Speakers!
Mukilteo's Green City Hall It is not enough for cities to encourage sustainable and green development through its regulations they must also lead the way by example. The City of Mukilteo has done that with the construction of its new city hall, expected to receive a LEED’S Gold level certification. Hear a description of the process behind the decision to build a green city hall and take a tour of the city hall that highlights its green features. Also hear about the Snohomish County Sustainable Development Task Force efforts to facilitate adoption of sustainable development strategies and the construction of green building projects throughout Snohomish County.	Noon to 1:15, Wed Jun 3	Mukilteo City Hall, 11930 Cyrus Way	Heather McCartney City of Mukilteo Jim Niggemyer City of Mukilteo Dena Peel Snohomish County Sustainable Development Task Force
Developing a Critical Areas Training Program – tips and examples to educate professionals and the public. Local regulation of critical areas is a key component of achieving landscape-level protection of wetlands, streams, habitats for species of local importance, steep slopes, shorelines, and flood-hazard areas. Education can help increase the understanding of critical areas regulations, the beneficial functions of critical areas, and local permit review considerations. It is important for cities and counties to pair regulations with public education to expand peoples' understanding of the functions and values critical areas provide. This session will illustrate how such a program can be developed, focusing on considerations of graphic look, format, sequence, and theme of the training program, as well as discussing portions of critical area ordinances that can typically cause confusion.	Noon to 1:15, Wed Jun 10	Mercer Island City Council Chambers, 9611 SE 36 th St.	Torrey Luiting ICF Jones & Stokes Kevin LeClair City of Bellevue David Pyle City of Bellevue