Richard S. Davis Beveridge & Diamond, P.C.

Transcription

1 Richard S. Davis Beveridge & Diamond, P.C.

2 Overview Observation: Green Infrastructure seems to be off to a slow start for such an obviously good idea Challenge: Maximize adoption of Green Infrastructure 4 Case Studies and what they teach us if we listen

3 Green Infrastructure The range of stormwater control measures that use plant/soil systems, permeable pavement, stormwater harvest and reuse, or native landscaping to store, use, infiltrate, and/or evapotranspirate stormwater, reduce flows and reduce pollutant loads.

4 Why the Slow Start? Cost Green vs. Gray GI can require more land area GI technologies can cost more to install GI can require more complex maintenance Lack of Experience Can be hard to quantify environmental benefits Is a specialized and still-evolving form of design Early hiccups (design missteps/maintenance failures) can be mistaken for failed concept

5 4 Case Studies in Adoption St. Louis Metropolitan Sewer District North East Ohio Regional Sanitary District Metropolitan Water Reclamation District of Greater Chicago Regulatory Action Local and National

6 Why these case studies? Consent Decrees Defendants in federal enforcement actions are the most sales resistant parties on earth What made accepting GI palatable to them? Same factors may help make GI palatable to others Regulation To assess effect of what s already here on a local and state levels To forecast effects of planned uber regulation at national level

7 The St. Louis Example Commitment: $100,000,000 CSO Green Infrastructure Program Planned Activity: Convert derelict properties into GI features Why Agreed: A negotiated compromise

8 The St. Louis Learning Allow other priorities to support adoption of Green Infrastructure Urban renewal was needed Large capital investment more easily justified for renewal than for Green Infrastructure alone Other Applications: Harness private development they re spending anyway! Append to Brownfields approvals (with care) Incorporate into routine repair and replacement of infrastructure (streets; parks)

9 The NEORSD Example Commitment: To spend a maximum of $42,000,000 to produce 44,000,000 gallons of Green Infrastructure retention per year Planned Activity: Design and build Green Infrastructure solutions in designated portions of service area Why Agreed: To limit cost exposure if Green Infrastructure not as effective as expected

10 The NEORSD Learning Integrate Green and Gray Infrastructure to maximize cost-effectiveness and acceptance NEORSD determined that 44 MG was breakpoint for more cost-effective Green Infrastructure Committed to do GI where it was cost-effective Other Applications: Focus on new development More design flexibility moves the breakpoint farther out, allowing more Green Infrastructure to be cost-effective Use Green practices to reduce size/complexity/cost of Gray infrastructure that follows

11 The Chicago Experience Commitment: Effect-Based Green Infrastructure Plan Planned Activity: Small initial demonstration project Comprehensive Land Use Policy (encourage/require GI) 10,000,000 gallons of GI retention in individual storm (can be created by public/private partnership) Why Agreed: To settle enforcement action

12 The Chicago Learning Flexibility to innovate can produce culture change that outperforms simple mandates Creative options include: Use land that you have Private Party Leases incentivize with reduced rent or cost support for GI (small revenue loss/cost enduring benefits) Public Party Leases require GI enhancements (governments can spread costs) Public Private Partnerships Multiply benefits by participating in more projects Centralize and leverage basic design expertise (e.g., model designs for common applications) remove cost to re-invent

13 The Regulatory Experience To date, about 1/3 of States and Many Localities have runoff standards/green practices requirements. For example: 2005 City of Oakland Mandates for public buildings; encourages for private City of Chicago Green Alley program going to do renewals anyway; only incremental cost Green Permit program faster processing/lower fee for Green Tree canopy initiatives around the country often public/private partnerships Maryland s Environmental Site Design program new sites only; effects based; you choose the technology

14 Regulatory Experience (cont d) EPA has encouraged adoption by many means 2007 Green Infrastructure Statement of Intent (CSOs) 2010 MS4 Permit Writer s Guidance Cooperative agreement with Philadelphia Willingness to engagement with New York City/others GI webpage ( /index.cfm Integrated Planning Initiative (stormwater/wastewater) (

15 The Regulatory Learning So far, very diverse and relatively flexible mandates Allow for and encourage creativity in compliance Region-sensitive mandates What works here Richer programs in richer communities Leverage Existing expenditures Public works

16 The Federal Regulatory Experience US EPA developing a nationwide Post-Construction Stormwater Regulation Driven by 2010 settlement of case with Chesapeake Bay Foundation Much delayed: Original Deadline for Proposal September 2011 Six extensions, and still missed most recent June 2013 deadline EPA and Bay Foundation negotiating -- again

17 The Federal Regulatory Experience Per EPA s July 2013 Presentation: Flow retention/reduction as surrogate for pollutantspecific or BMP-based effluent limits Apply to all new development or re-development (public and private) Apply to municipalities of 10,000 or more Might be expanded to require retrofitting Administered through NPDES permits or through MS4s... allow alternative green infrastructure plan in-lieu-of a new and/or redevelopment standard...

18 Federal Regulatory Learning Adoption of a universal rule could be good and bad Good Creates retention benefits for all projects nationwide Levels playing field Regulatory authorities assess value of GI Bad Retention standard might yield more cost-effective Gray solutions resulting in less Green (pure economics) Standard stifles innovation no incentive to experiment Regulatory authorities control use of GI

19 So What Did I Learn? Connecting Green Infrastructure to larger goals can accelerate adoption Combining Green Infrastructure with Gray can be more efficient Innovating can create culture change and an explosion in adoption of Green Infrastructure Regulation can innovate Regulation can stifle Green Infrastructure

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