Overview. Regulatory Trends in Stormwater Green Infrastructure Programs in Dallas Related City Efforts Next Steps

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2 Overview Regulatory Trends in Stormwater Green Infrastructure Programs in Dallas Related City Efforts Next Steps 2

3 Word of the Day? Favorite four letter word that starts with an F? Quantity of movement: the quantity of water or other material moved in a specific direction during a specific time period Constant change: The notion that change is the fundamental nature of reality, as described by Heraclitus 3

4 Word of the Day: FLUX Latin: fluxus means "flow", and fluere is "to flow". So.focus is on a change in how we address flow. 4

5 Regulatory Drivers in Stormwater Urban Stormwater Management Report, NRC, 2008 Energy Independence and Security Act Guidance, 2009 EPA Rulemaking Process, Present NPDES General Construction Permit, 2011 TPDES General Construction Permit, 2013 City s MS4 Permit October 1,

6 Urban Stormwater Management Study 2008 Report by National Research Council : Clean Water Act is failing to control stormwater pollution Rapid conversion of land profoundly altered how water flows during and following storm events, putting higher volumes of water and more pollutants into the nation s rivers, lakes, and estuaries Changes have degraded water quality and habitat in virtually every urban stream system All stormwater and other wastewater discharge permits should be based on watershed boundaries (puts City level) Explores opportunities for reducing stormwater pollution through implementation of green infrastructure More Information: 6

7 EPA Stormwater Rulemaking Expand the federal stormwater regulations Establish requirements to control discharges from new development and redevelopment Develop consistent stormwater requirements for all MS4s Require MS4s to retrofit the sewer system or drainage area with improved stormwater control measures Explore specific stormwater provisions to protect sensitive areas (Chesapeake Bay) 7

8 EPA Rulemaking Process Initiated, Federal Register October 2009 Listening Sessions Jan-March 2010 Information Collection Requests Summer 2010 Draft Rule June, 2011 Spring 2014? Final Rule N/A More Information: 8

9 EPA FY 2015 Budget Justification: "EPA is strengthening partnerships.to direct greater focus and funding for green infrastructure, providing technical assistance to communities, and developing tools that communities can use to evaluate green infrastructure The administration is looking to a voluntary incentive approach, describing a plan to promote green infrastructure via new federal funding incentives rather than regulatory measures And Public Private partnerships as being driven primarily by local regulation -- citing stormwater utility fees as especially important tools. - EPA FY 2015 Budget Justification, March 10,

10 National General Construction Permit (NPDES) Applies to: ID, MS, NM, Washington, D.C.; most territories and Indian Country; Federal Property; Not yet in Texas: Some provisions pulled into Texas Construction General Permit Requires operators to meet fairly technical requirements on erosion and sediment control, stream buffers, possible water treatment, pollution prevention, and stabilization. More information: 10

11 Texas General Construction Permit (TPDES) New Requirements Include: Buffer requirements for work in and near water bodies Assessment of Federally listed threatened and endangered species Immediate site stabilization upon completing work in disturbed areas 11

12 Implementation Status for Green Infrastructure in Dallas Green Building Code Complete Streets iswm Current City Projects Stormwater Fee Incentives 12

13 Green Building Code Phase II October 2013 Paths of Compliance - Commercial: Minimum points for LEED International Green Construction Code, as adopted (meet min requirements) Paths of Compliance Single Family/Duplex: Green Built Texas LEED for Homes (min points) ICC 700 All prescriptive requirements in Code 3 rd Party Provider Required 13

14 Complete Streets Sustainable Development effort Integrates pedestrians, bicycles, transit. And stormwater into roadway footprint 14

15 iswm = Integrated Stormwater Management Integrated system of development, design & construction strategies to address: Water Quality Streambank Protection Flood Mitigation and Conveyence Voluntary for non-city Projects Required for 2012 Bond Program Projects

16 Field of Influence Green Building Code iswm Complete Streets Tree Ordinance FEMA/Floodplain Regulations TPDES Construction Permit Natural Buffer 16

17 iswm in our Region iswm is a comprehensive storm water management design manual for North Central Texas developed by NCTCOG and more than 60 participating public entities, including the City of Dallas Twenty two (22) local entities now REQUIRE iswm as a part of their design ordinances Nationally, some form of low impact design, post-construction controls, and/or iswm is now required in all 50 states* * 17

18 Dallas iswm Approved by City Council in December 2009 for voluntary use as part of the Drainage Design Manual The council item specified that future work should include: Assessing effectiveness of iswm projects Drafting local criteria to supplement NTCOG s manual, including incentives Phased Implementation 18

19 Design aspects of iswm Think up front in design iswm as new norm rather than thinking first of traditional inlet/pipe system Philadelphia test 3 options: Integrated site design and practices Conserve natural terrain, decrease imperviousness Treat water quality on site Structural controls Off site/regional treatment 19

20 How to move forward Why so little interest in iswm in Dallas? Lack of promotion, information about iswm Unknowns related to Cost Unknowns related to Effectiveness No incentives for developers Obstacles to do the right thing (requires variances) Lack of opportunity (little large scale development) Lack of understanding about appropriate design practices to control water quality and quantity In progress to assess above questions and move iswm forward 20

21 How do we get there? It has been challenging to move other aspects forward Very little real life local examples (unknowns related to costs incurred in implementing/maintaining iswm techniques) Desire to streamline local iswm process to reinforce that doing business in Dallas is easier when choosing to use green infrastructure (where exactly are the obstacles?) Decision was made to pursue iswm Design Competition modeled after Houston s successful competition to move iswm forward 21

22 North Texas Land & Water Sustainability Forum Came out of the iswm Committees Formed as a regional effort to support understanding and implementation of more sustainable design practices in North Texas Includes private and public participants Implemented the LID/iSWM Design Contest in November,

23 iswm Design Competition Goal: foster creativity in both sustainable development and the regulatory structure that enables it Benefits: Exposure and Education Buy-in Feedback on Criteria Manual Opportunity for cost savings Teams of engineers, architects and landscape architects competed for best and most cost effective iswm approach High profile final event 23

24 iswm Design Competition Four Projects/Project Types: Green Roadway (South Lamar Boulevard, Dallas) Urban Mixed Use Redevelopment (Cedars West Project, Dallas) Urban Redevelopment (Library/Civic Plaza, Arlington) Mixed Use Development (Northern Crossing Project, Fort Worth) 24

25 iswm Design Competition 20 Teams representing 55 Design Firms ~ 300 People attended finals event Showed projects were doable for a variety of design challenges 11 to 25 percent cost savings over traditional design 25

26 Contest Projects were Real Cedars West Multi-Use Project is underway by Matthews Southwest South Lamar Boulevard Project is currently under Contract for Design 26

27 EPA Green Infrastructure Technical Assistance Grant City was one of 17 Cities awarded a Community Partnership Technical Assistance Grant Grant provided assistance in identifying barriers to implementing Green Infrastructure Consultant reviewed over 24 documents and facilitated a charette with City Staff to discuss findings 27

28 EPA s Green Infrastructure Opportunity Checklist and Water Quality Scorecard* were used to organize and report findings around 5 Primary goals: Goal #1: Minimize impervious area Goal #2: Preserve and enhance the hydrologic function of unpaved areas Goal #3: Harvest rainwater to enhance potable and nonpotable water supply Goal #4: Encourage multi-use stormwater controls Goal #5: Manage stormwater to sustain stream functions *

29 Barriers to Addressing Green Infrastructure EPA Contractor reviewed codes, ordinances, standards, guidelines, and plans that could have bearing on green infrastructure implementation The inconsistencies and barriers identified during the review of the documents were summarized in a draft memo submitted to the City in January Over 27 pages of comments and suggestions were provided for City staff discussion. EPA and the City reviewed the evaluation findings and developed a list of 18 key barriers that were the most critical to address.

30 Report Conclusion The City of Dallas recognizes the importance of Green Infrastructure in addressing stormwater management as well as other key issues for the City, such as conserving and protecting the water supply and open space, creating more shade for bikeable and walkable streets, improving air quality, and reducing the urban heat index.

31 Report Recommendations Recommendations focused on: Further integrating and implementing the City s existing programs such as the Green Building Code, Complete Streets and iswm so that the programs form a more comprehensive approach to sustainable design. Using Green Infrastructure/ iswm on City projects to serve as an example to private development. 31

32 Drainage Concerns 32

33 2012 Bond Program 12 Complete Streets roadway pilot projects 6 trail projects (15.1 miles) 32 additional miles bike lanes $ 600 million overall Scope of work includes requirements to implement iswm/ Complete Streets 33

34 Incentives!!! ($$$) Stormwater Fee Study Underway: Existing fees based upon $.1589/100 SF of impervious area and assumed percent impervious Residential Tier Structure (5 tiers based on lot size) Commercial/Industrial (based upon lot size) Minimum fee/maximum fee for residential Implemented in accordance with Texas Municipal Code 34

35 Fee Study (Underway) Digitizing percent impervious/parcel (~377,000 parcels) Developing rate to be paid on actual impervious area Developing fee offset incentives relative to implementing verifiable Green Infrastructure or other structural controls 35

36 Draft Recommendation New rate structure Element of rate structure Basis of charge Unit of charge Minimum charge Residential tiers Recommendation Change to measure Impervious Area Change to 1,000 square foot impervious area units Retain equitably recover costs from all properties Retain base on impervious area, not lot size *Plus, provide incentives to ratepayers who mitigate their impacts on the system DRAFT 36

37 Rationale More equitable Better defines properties stormwater run-off impacts Promotes environmental quality Current industry standard Coincides with need to manage impervious area Consistent with current EPA guidance DRAFT 37

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39 Thank you! Susan Alvarez, P.E. CFM Dorcy Clark, c/o City of Dallas Trinity Watershed Management Department 1500 Marilla Avenue, Room 6BS Dallas, Texas