Title VI and Public Transit

1. Title VI and Public Transit Service and Fare Equity Analyses APTA Marketing Seminar February 2015

2. Title VI Basic Principles • Civil Rights Act of 1964 product of nationwide movement against racial discrimination • Kennedy identified “simple justice” as justification for Title VI • Section 601 defines non-discrimination; • Section 602 directs agencies (FTA) to institute the principles, and to take action against non-compliant recipients 2

3. “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

4. Definitions – Beneficiary • Beneficiary – individuals or entities that directly or indirectly receive an advantage through a Federal program • Conduct is not subject to nor covered by Title VI • Compliance with Title VI is not a condition to receive assistance • Beneficiaries are not protected by Title VI from actions of others not receiving Federal financial assistance 4

5. Disparate Treatment • Disparate treatment – actions that result in circumstances where similarly situated persons are intentionally treated differently (i.e., less favorably) than others because of their race, color, or national origin 5

6. Disparate Impact • Disparate impact – a facially neutral policy or practice that disproportionately affects members of a group identified by race, color, or national origin, where the recipient’s policy or practice lacks a substantial legitimate justification and where there exists one or more alternatives that would serve the same legitimate objectives but with less disproportionate effect on the basis of race, color, or national origin 6

7. Disparate Impact – Examples

8. Disproportionate Burden • Disproportionate burden – a neutral policy or practice that disproportionately affects low-income populations more than non-low-income populations. A finding of disproportionate burden requires the recipient to evaluate alternatives and mitigate burdens where practicable 8

9. Title VI Requirements and Guidelines for Recipients

10. Organization of Circular • Chapter I: Introduction and Background • Chapter II: Program Overview • Chapter III: General Requirements and Guidelines • Chapter IV: Requirements and Guidelines for Fixed Route Transit Providers • Chapter V: Requirements for States • Chapter VI: Requirements for MPOs • Chapter VII: Effectuating Compliance with DOT Title VI Regulations • Chapter VIII: Compliance Reviews • Chapter IX: Complaints • Appendices 10

11. Submitting Title VI Program • All primary recipients must submit Title VI Program every three years (TEAM) • Title VI Program must be approved by grantee’s Board of Directors or appropriate governing entity (including sub-recipients) and submit documentation of such action • Title VI Programs will be due 60 days prior to expiration dates 11

12. Board Communication • There are several areas where you will need Board approval: • The Title VI Program of all recipients and sub-recipients • Certain elements within the Title VI Program must be approved; • Service standards (for all Transit Providers) • Major service change policy, disparate impact policy and disproportionate burden policy • Results of any service and fare equity analyses • Results of service monitoring 12

13. Contents of the Title VI Program • Additional requirements for transit providers that operate 50 or more fixed route vehicles in peak service and are located in a large UZA: • A demographic analysis of the transit provider’s service area. • Data regarding customer demographics and travel patterns; • Results of the monitoring program of service standards and policies and any action taken 13

14. Contents of the Title VI Program, cont. • A description of the public engagement process for “major service change policy” and disparate impact policy; • A copy of board meeting minutes/resolution; • Results of equity analyses; • A copy of board meeting minutes or a resolution demonstrating consideration, awareness, and approval of the equity analyses 14

15. Requirements for Fixed Route Transit Providers 1. 2. 3. 4. 15

16. Service Equity Analysis

17. Overview • Describe FTA’s role in reviewing the methodology • Data used and why • Step-by-step illustrations on a service equity analysis • Examples are for ILLUSTRATIVE PURPOSES ONLY • Examples will use population data or ridership data 17

18. Analysis Submission and Assistance • Service Equity analyses are part of your Title VI program if you are a transit provider with 50 or more fixed route vehicles in peak service located in a UZA of 200,000+ population • FTA regions can provide technical assistance on the methodology to examine whether the analysis is properly documented prior to Board Action • After Board Approval, FTA will not provide technical assistance 18

19. What Should be Included in Service Equity Analysis Requirements and Guidelines

20. Chapter IV Requirements for Fixed Route • “Major Service Change” policy defined • Describe how proposed service change meets your definition of a major service change as defined in your Title VI Program • Analysis Framework: • Data Set(s) described • Comparison analysis • Comparison of impacts using population data around impacted routes to population of service area • Comparison of impacts using ridership data of impacted routes to ridership of service area 20

21. Chapter IV Requirements for Fixed Route • Analysis should include: • Step-by step analytical methodology • Overlay maps if using population data • Accompanied by the tables describing impacts • Narrative of method of analysis • Applies “adverse effects” definition consistently 21

22. Chapter IV Requirements for Fixed Route • Analysis should include: • Applies “disparate impact/disproportionate burden policy” consistently • Provides a conclusion (e.g., whether there is disparate impact or not) • If there is a disparate impact, the legal test must be properly documented • If there is a disproportionate burden, take steps to avoid, minimize or mitigate impacts where practicable 22

23. What is the proper analysis? Minority population only (no low-income population) Minority population that is also low income Low-income population only (no minority population) Disproportionate Burden Analysis Disparate Impact Analysis Disparate Impact Analysis 23

24. Consistent Disparate Impact Policy • Policy is clearly stated • Consistent with the policy in your approved Title VI program • Application is mathematically consistent throughout the analysis • Disparate impact policy defines a material difference • May be presented as a statistical percentage of impacts borne by minority populations • Has to pass the “so what” test 24

25. Example – Disparate Impact Policy • Disparate Impact Policy is a policy where the change is deemed materially different: • Our Sample agency has defined its disparate impact policy to be ±2% statistical difference between the effects on minorities compared to the impacts borne by non-minority passengers: • Material differences like this must be applied to system-wide demographics to a) individual routes and b) routes cumulatively 25

26. Example – Disproportionate Burden Policy • Disproportionate Burden Policy is a policy where the change is deemed materially different on low-income populations • Our Sample agency has defined its disproportionate burden policy as ±2% statistical difference between the effects on low-income populations compared to the impacts borne by non-low-income passengers: • Material difference will apply system-wide demographics to a) individual routes and b) routes cumulatively 26

27. Disproportionate Burden Policy • “Low income” should be defined: • Department of Health and Human Services definition can be found at aspe.hhs.gov/poverty • Your definition may be more inclusive, but not less 27

28. Public Participation • Public participation activities provide more value when they are open, relevant, timely, and appropriate for the intended goal of the public involvement process. • The public, in any one area or jurisdiction, may hold a diverse array of views and concerns on issues pertaining to their own specific transportation needs. • Conducting meaningful public participation involves seeking public input at specific and key points in the decision-making process issues where such input has a real potential to help shape the final decision or set of actions. • Early and continuous public involvement brings diverse viewpoints and values into the decision-making process. • Successful public participation is a continuous process that is system-wide and consists of a series of activities and actions to both inform the public and stakeholders and to obtain input from them which influence decisions that affect their lives. 28

29. Example – Major Service Change Policy • Definition: • The establishment of new bus or rail routes • A reduction of service on a given route of more than 20% of its route miles on any bus or rail route • The elimination of any bus or rail service • A major modification that results in a 25% or greater reduction in the number of daily service hours provided 29

30. Example – Aggregate Service Changes 30

31. Example – Adverse Effects • Impacts in relation to “Major Service Change” • Consider the degree of adverse effects/impacts, and analyze those impacts when planning changes. • Analysis between existing and proposed service changes: • Service changes that reduce service (eliminate route, removing trips on a route, changing span of service) • Service changes that change the frequency of service (headway changes) • Disparate impact analysis should consider the degree of adverse affects 31

32. Example – Disparate Impact Finding • If a disparate impact is found, the transit provider may implement the service change only if: • “…the recipient (1) has a substantial legitimate justification for the proposed service change; and (2) the transit provider can show that there are no alternatives that would have a less disparate impact on minority riders but would still accomplish the transit provider’s legitimate program goals.” 32

33. Collect and Report Data

34. Pre-Analysis Considerations Population Ridership Compares the ridership of the affected route(s) with the ridership of the system What datasets will you use? • Compares the population in Census blocks or block groups served by the affected route(s) with the population of the service area 34

35. Clear Analytical Approach • Dataset(s) in the analysis must be clear (using either population or ridership data), and include reasons for the dataset(s) chosen, and techniques for collecting the data • If agency uses population data, it must describe the geographic level used to measure minority and low-income concentrations (Census tract, block, or Traffic Analysis Zone (TAZ) to compare with population of service area) • If agency uses ridership data, it must describe the routes impacted and the minority and low-income concentrations (to compare to system-wide ridership) A Traffic Analysis Zone (TAZ) is a special area delineated by state and/or local officials for tabulating traffic-related data 35

36. Pre-Analysis Considerations • If using population data, at which geographic level will you measure minority and low-income concentrations? • Census blocks, block groups, tracts • Traffic analysis zones • Describe reasons for your choice and techniques/technologies used to collect data 36

37. Determining Data for GIS Analysis • Obtain Block, Census tract, or Traffic Analysis Zone-level Household data • Race and ethnicity • Income • National origin 37

38. Assemble Necessary Data • Demographic Data • U.S. Census • Local Data • Ridership Data • Transit Rider Origin and Destination Surveys • GIS Layers • Census Block • Census Tract • Traffic Analysis Zone (TAZ) • Route maps 38

39. Ridership Data for Rider Analysis • Identify transit riders using affected routes • Route change • Headway change • Span of service change • Route elimination • Identify minority and low-income riders 39

40. Evaluate Service and Fare Equity Changes

41. Assessing Impacts • Assess impacts on minority and low-income populations at GIS level: • Maps of proposed changes and demographic data will assist in this analysis • Tables showing impacts of each type of route or service change (routing frequency, span of service, addition or elimination of routes) 41

42. Examples NOTE: The following examples are for illustrative purposes ONLY; to assist you in understanding course concepts

43. Service Equity Analysis Framework • Evaluate service change impacts on minority and low-income populations separately • Using the following framework: • Requirement 1: Develop Disparate Impact Policy and Disproportionate Burden Policy with Public Participation • Requirement 2: Analyze data • Requirement 3: Assess Impacts • If there is a potential disparate impact or disproportionate burden: • Modify Proposal if Necessary • Finding a Disparate Impact • Examining Alternatives • Finding a Disproportionate Burden 43

44. Example – Assessing Service with Population Data NOTE: The following examples are for illustrative purposes ONLY; to assist you in understanding course concepts

45. Example A: 11-County Area MWRTA, MA – Area Map 45

46. Example A: 11-County Area Set System-Wide Standards and Policies

47. Agency Policies • These policies are set and approved by the Agency Board: • Low-Income Threshold: 60% of Median Household Income • Disproportionate Burden Policy: ±2% 47

48. Thresholds • Minority: 50,829 people = 21% of population • Low-Income Threshold: 60% of Median Household Income = $57,000 • 18% of population is low-income 48

49. Example A: 11-County Area Collect and Report Data

50. MWRTA Transit System Map 50