Title VI Policies for Major Service Changes, Disparate Impact and Disproportionate Burden

1. Title VI Policies for Major Service Changes, Disparate Impact and Disproportionate Burden Public Hearing February 7, 2013 Cyndi Harper Manager of Route Planning Metro Transit Service Development

2. Title VI of the Civil Rights Act of 1964 • No Person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” • FTA Circular 4702.1B (effective October 1, 2012) • All recipients of federal funding must submit a Title VI program every 3 years. Transit providers in an urbanized area with a population of 200,000 or more and at least 50 peak vehicles must establish policies defining thresholds for major service changes and disparate impacts/disproportionate burdens: • The public must be engaged in the decision-making process to develop these policies • Policies must be approved by Board of Directors or other governing entity 2

3. Service Change FareChange Major? Yes No Proceed EvaluateImpactson MinorityandLow-Income Populations Disparate Impact? No Yes Proceed Evaluate Alternatives, Mitigate or Explain Rationale 3

4. Outreach • Reviewed policies from other transit agencies • Met with representatives from social advocacy organizations to seek input on how policies should be defined: • African American Leadership Forum • Alliance for Metropolitan Stability • District Councils Collaborative of St. Paul and Minneapolis • ISAIAH • Minneapolis Urban League • Minnesota Center for Environmental Advocacy • Northside Transportation Network • St. Paul NAACP • Transit for Livable Communities 4

5. MAJOR SERVICE CHANGE DISPARATE IMPACT/DISPROPORTIONATE BURDEN 5

6. Major Service Change • Service changes that meet or exceed the threshold require a service equity analysis, prior to implementation, to determine whether the changes will have a discriminatory impact based on race, color or national origin: • Typically presented as a numerical standard • Needs to include adding service and reducing service • Select a threshold that yields a meaningful result in light of the system characteristics • May exempt a temporary addition of service lasting less than one year 6

7. Current Metropolitan Council Procedure 1-3a • Council policy defines a major service change as: • Greater than 25% reduction in route miles for any set of routes being modified within a corridor • Abolishment of an existing route without replacement • Restructuring of service throughout a sector as defined by Metro Transit • The following are not included in this definition: seasonal changes, changing a route number or other designation, change or elimination of demonstration or experimental service, service changes on special service routes, or route changes caused by an emergency. 7

8. Proposed Major Service Change Policy for Metropolitan Council • Service changes significant enough to require a Title VI evaluation: • For an existing route or set of routes: • Change of 25% or more daily in-service hours AND • Change of 3,500 or more annual in-service hours • Includes all changes made within a 12 month period • For a new route in a new coverage area: • An increase of more than 3,500 annual in-service hours • Restructuring of transit service throughout a sector or sub-area of the region as defined by Metro Transit • Elimination of a transit route without fixed route alternative service • A review is not required for seasonal changes, changing a route number or other designation, changing or eliminating demonstration/experimental service within the first two years, service changes on special service routes, or route changes caused by an emergency. 8

9. Proposed Major Service Change Policy for MVTA • Service changes significant enough to require a Title VI evaluation: • For an existing route or set of routes: • Change of 25% or more daily in-service hours AND • Change of 3,500 or more annual in-service hours • Includes all changes made within a 12 month period • For a new route in a new coverage area • System-wide restructuring of transit service • Elimination of a transit route without fixed route alternative service • A review is not required for seasonal changes, changing a route number or other designation, changing or eliminating demonstration/experimental service within the first two years, service changes on special service routes, route changes caused by an emergency, or any service change that does not meet the conditions of a major service change as defined above. 9

10. MAJOR SERVICE CHANGE DISPARATE IMPACT/DISPROPORTIONATE BURDEN 10

11. Disparate Impact and Disproportionate Burden Thresholds • What is it? • Occurs when a facially neutral policy or practice disproportionately affects members of a group as identified by race, color or national origin (disparate impact) or income (disproportionate burden). • FTA Circular • The transit provider shall develop a policy for measuring disparate impacts and disproportionate burden and establish a threshold to determine when: • adverse effects are borne disproportionately by minority or low-income populations • benefits are not equitably shared by minority or low-income populations: 11

12. Proposed Disparate Impact Policy for Metropolitan Council and MVTA Used to determine if a proposed fare change, major service change, or triennial review of system-wide standards and policies shows evidence of potential for discrimination. Four-Fifths Rule • There could be evidence of disparate impact or disproportionate burden if… • Benefits are being provided to minority or low-income populations at a rate less than 80% (four-fifths) than the benefits being provided to non-minority or non-low-income populations • Adverse effects are being borne by non-minority or non-low-income populations at a rate less than 80% (four-fifths) than the adverse effects being borne by minority or low-income populations • Based on Equal Employment Opportunity • Commission’s Uniform Guidelines on Employee Selection 12

13. Example: Proposed Service Changes A bus route restructuring project results in an increase in the overall amount of service available. We have determined the average increase in service levels for an area. Is there a disparate impact in where service improvements are being made? Four-Fifths Threshold is 5.7% (7.1% x .8) Four-Fifths Threshold is 8.8% (11% x .8) 13

14. Disparate Impact and Disproportionate Burden • What happens if it exists? • The recipient must evaluate alternatives and mitigate burdens where practicable. • If there exists one or more alternatives that would serve the same legitimate objectives but with less disparate impact or disproportionate burden, then an alternative must be implemented. • If the policy or practice lacks a substantial legitimate justification, then the change can not move forward. • Can a project that has a disparate impact or disproportionate impact still be implemented? • Yes, if the policy has a legitimate objective and no alternatives exist with a lesser impact that would still meet the objective. 14

15. Next Steps • February 6-13: Public Hearings • February 24: Public Comment Period closes • Late February: staff modifies recommended policies based on public feedback • March 11: Transportation Committee adopts final policies • March 27: Met Council and MVTA Board adopt final policies • Update Title VI Program to include new policies 15

16. Title VI Policies for Major Service Changes, Disparate Impact and Disproportionate Burden Public Hearing February 7, 2013 Cyndi Harper Manager of Route Planning Metro Transit Service Development

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