Welcome!Introductions

Agenda:

1.General Title VI requirements

2.LEP

3.Urbanized Area Title VI Requirements

4.Service and Fare Equity Analysis

2

Title VI• “No person in the

United States shall, on the grounds 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.”

42 U.S.C § 2000d, et seq

1

2

3

4

3

Race, Color & National Origin:the three protected classes

• Race– U.S. Census categories define race– Persons of any race are protected classes

• Color– Discrimination based on skin color or

complexion is prohibited

• National Origin– Foreign born ancestry

2

4

Program or Activity Applies institution-wide

• Title VI applies institution-wide; it is not limited to the program that receives FTA funding (e.g., planning, capital, operations)

• Examples?

• Are Title VI requirements limited to primary recipients?

3

5

Title VI applies to both Recipients & Subrecipients

• Recipient: • State DOT • Transit Agency • Any public or private agency, institution,

department or other organizational unit receiving funding from FTA

• Subrecipient: • Any entity that receives FTA financial

assistance as a pass-through from another entity

4

6

FTA Direct Grant Recipients must meet Title VI obligations defined in the Circular

• FTA Title VI Circular 4702.1A – AKA “The Circular”

• Submission Cycle– Direct recipients every 3

years– MPOs every 4 yrs

8http://www.fta.dot.gov/documents/Title_VI_Circular_4702.1A.pdf

Guidelines for All Recipients and Subrecipients

• Title VI Circular describes:– Procedures for:

• Investigating complaints• Recording complaints, investigations, and lawsuits• Notifying the public of their rights• Conducting EJ analysis in NEPA• Strategies for including Minority, Low-Income and

LEP (Limited English Proficiency) persons in public tranportation decisionmaking processes

• Ensuring meaningful (language) access for LEP persons

General Requirements for All Title VI Programs

1. Summary of public outreach and involvement activities, and description of steps to ensure minority & low-income people had meaningful access to activities

2. LEP plan

3. Procedures for tracking and investigating Title VI complaints

4. List of any Title VI investigations, complaints, or lawsuits

5. Title VI notice and instructions on how to file a discrimination complaint

Procedures for Investigating Complaints

Why must I develop complaint procedures?

• Procedureso Create uniformity with regard to how the agency

investigates and tracks complaintso Must be available upon request

Complaint Procedures• Define what constitutes a complaint

o Legal bases

• Consider including:o Timeframe for accepting complainto Investigation and resolution timeframeoWho investigates the complaintoWho resolves the complaint

Complaint Procedures (cont.)Also consider including:• Reasons for dismissal of complaint

• How to respond: by producing report? by writing letter of finding?

• System for tracking complaints

• Accessibility of complaints (e.g.,written, TDY)

• Language assistance measures

• When to send complaints to FTA

Notifying the Public of Rights

• The City of USA operates its programs without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the City of USA.

• For more information on the City of USA’s civil rights program, and the obligations and procedures to file a complaint, contact 800-656-1234, (TTY 800-656-4567); email title.VIcomplaint@abc.org; or visit our administrative office at 1234 Center Street, Anywhere, CA, 17970. For more information, visit www.city.usa.ca.us

• If information is needed in another language contact, 800-656-1234 MAKE SURE THIS SENTENCE IS ALSO PROVIDED IN THE OTHER LANGUAGE(S)

Public Involvement

• Early, often and continuous • Provide opportunities for public to get involved in

proposed transportation decisions• Promote inclusive public participation, including low-

income, minority and LEP populationso Refer to list of Interested Parties

[SAFETEA-LU, 23 U.S.C. 134(i-j) and 135(f-g)]

Some Public Involvement Tips• Select accessible meeting times, locations• Consider providing childcare and food during meetings• Utilize social media (e.g., Facebook, YouTube) to

complement (not replace) other involvement techniques• Use non-traditional methods (e.g., go to hair salons, street

fairs, faith based institutions, etc.)

Read: How to Engage Low-Literacy and Limited English Proficiency Populations in Transportation Decisionmakingavailable online at www.fhwa.dot.gov/hep/lowlim

Definition of LEP

• Limited English Proficient (LEP) Persons are persons for whom English is not their primary language and who have a limited ability to speak, understand, read, or write English.

• It includes BOTH people who reported to the U.S. Census that they do not speak English well AND people who reported that they do not speak English at all.

LEP-Related Requirements of Title VI

• Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are LEP.

LEP Executive Order 13166• Signed by Clinton August 2000• Directs Federal agencies to:

– Examine services we provide– Develop and implement a system by which LEP

persons can meaningfully access those Federal services

– Ensure that Federal recipients provide meaningful access to their LEP applicants and beneficiaries

• Failure to ensure opportunities for LEPs to effectively participate in or benefit from Federally assisted programs may constitute national origin discrimination.

•

Four Factor Analysis for LEP

1) Number of LEPs eligible or likely to be encountered by your Federally funded program

2) Frequency that LEPs come into contact with program

3) Nature & importance of program to LEPs

4) Resources available and costs to program

Factor 1: Number or Proportion of LEPs

Count LEP persons who are:• From a particular language group;• Eligible to be served or encountered.

The greater the number or proportion, the more services needed.

Language Group # %

Spanish 1,182,068 6.66%

Indo-European 663,874 3.74%

395,159 2.23%

All Others 69,155 0.39%

Factor 2: Frequency of Contact

• Rule of thumb:– More contact = More enhanced services

• What data would you analyze?

Factor 3: Nature & Importance of Program

• Rule of thumb:– More important = more contact– More contact = more likely to need language

services

• For LEP persons, what are your most important services?

Community Focus Groupsto determine how to deliver info

Fares/Tickets

Reg/LIFT/ATP Directions

Routes/Schedules Service Disruptions

Emergency Info

Behavior Requirements Emergency Response

Safety/Security Evacuation

Auditory TranslatedPictogram

Factor 4: Resources and Costs

• How much will it cost and what resources will we need to deliver services?

Safe Harbor & LEP Thresholds

• Safe Harbor-– Requires written translations of vital documents for each

LEP group that meets the threshold

• Safe Harbor LEP threshold- – 5% or 1,000 individuals, whichever is less

• Vital documents– Documents critical for accessing recipients services or

benefits – Letters requiring response from customer – Informing customers of free language assistance– Complaint forms– Notification of rights

How are LEP plans typically implemented?

• Popular Strategieso Publishing timetables and route maps in

languages other than EnglishoMulti-language phone linesoMultilingual staff in information boothso PictogramsoMulti-language announcements at stations

and on vehicleso Language identification using “I Speak” cardso Advertising in ethnic media

I Speak Cards

A Model LEP Plan

• Includes Four Factor Analysis

• Provides policies for evaluating language assistance providers

• Notice to public

• Vital Documents

• Staff Training

• Monitoring plan

LEP Summary Points• Conduct Four Factor Analysis

o Numbero Frequencyo Natureo Resources and costs

• Use results of Four Factor Analysis to develop and implement your LEP plan

• Prepare and submit your Title VI program every three yearso Please submit your program 30 days in advance

General RequirementsSummary Points (cont.)

• Title VI program must include:o Summary of public outreach and involvement activitieso LEP plano Procedures for tracking and investigating Title VI complaints o List of any Title VI investigations, complaints, or lawsuitso Title VI notice and instructions on how to file a discrimination

complaint

• For exact language, refer to FTA Circular 4702.1A

Thank you!!Questionsالسؤال

פראגע

परशन

问题

Domanda?

ερώτηση

ВОПРОСЫ

Frage

tanong

kwestia

kesyon

¿Preguntas?

질문

Pitanjepergunta

Guidelines for Transit Agencies Serving Urbanized Areas

• Collect demographic information on beneficiarieso Maps with overlayso Customer surveyso Locally developed alternative to collect and analyze

demographic data • Service standards and policies

o Set policieso Conduct service and fare change equity analysis as

appropriateo Monitor transit service (e.g., level, quality, etc.)o Report every three years to FTA

Maps with overlays

43

Maps with overlays

Maps with overlays

Customer Surveys

Example:

Measurement Minority Non-MinorityOf all riders 15% 82%

Transit dependency by race 38% 18%Of transit dependent riders 29% 71%

Trips made most for work 44% 32%

Shopping 16% 15%

Trips for rec 15% 27%

2+ Trips 64% 40%

Aware of TT by phone 52% 41%Intend to use TT 19% 10%

Use TT by cell 30% 9%

Monitor Transit Service

Example: Monitor Headways

Weekday Headway

0204060

Peak Midday PMPeak

Evening

Frequency of Service

Min

ute

s

Minority

Non-minority

Monitor Transit Service

Example: Monitor Weekday Spans

Span (Hours) Service Begins Service EndsMinority 17.1 5:14 AM 10:19 PMNon-minority 14.9 5:39 AM 8:35 PM

Monitor Transit Service

Example: Monitor Saturday Spans

Span (Hours) Service Begins Service EndsMinority 17.5 5:43 AM 11:13 PMNon-minority 13.8 7:15 AM 9:02 PM

Monitor Transit Service

Example: Vehicle Load

Weekday Loads

0 20 40 60

AM Peak

PM Peak

Op

era

tin

g

Pe

rio

d

Average Load

Minority Non-minority

Discrimination Prohibitions

• Disparate Treatment (Intentional Discrimination): Actions that result in circumstances where similarly situated persons are treated differently because of their race, color, or national origin.

• Disparate Impact (Unintentional Discrimination): The recipient’s procedure or practice, while neutral on its face, has the effect of disproportionately excluding or adversely affecting members of the projected class without substantial legitimate justification.

• Examples?

Disproportionate Service/Fare Changes

“Recipients can implement a service/fare increase that would have disproportionately high and adverse effects provided that the recipient (1) demonstrates that the action meets a substantial need that is in the public interest; and (2) that alternatives would have more severe adverse effects than the preferred alternative.”*

*Circular 4702.1A, Title VI Guidelines for FTA Recipients51

52

Establishing a Major Service Change Policy

• Recipient should have established guidelines or threshold for what it considers to be “major” change

• Often defined as a numerical standard– e.g. change effects greater than 25% of

service hours on any route

53

Should I conduct a

Service Equity Analysis?

55

Service & Fare Equity Analysis

• When: Conducted at programming stage• Who: Urbanized area with population of

200,000 or more that proposes major service change or fare change (Note: There is no threshold for fare changes – one penny makes a fare change.)

• Why: Required by FTA Circular 4702.1A

56

SERVICE & FARE EQUITY ANALYSIS

Customary Steps

57

58

Most agencies

use Option B

Analytical Approach• What dataset(s) will you use?

• At what geographic levels will you assess disparate impacts? (By route, for the entire service area, …)

• At what geographic level will you measure minority and low-income concentrations? (Census tract, block group, TAZ, … or by ridership)

• Within which population will you identify disparate impacts? (Riders, service area population, …)

• Regardless of option: analytical method for determining disparate impact

59

Golden Rule for Preparing Golden Rule for Preparing Service Equity AnalysisService Equity Analysis

APPLES

TO

APPLES

ORANGES TO

ORANGES

60

General idea of the analysis• Detail major service changes and how

they qualify as major relative to policy

• How would the proposed service changes impact L-I & minority populations at the geographic level(s) you identified?

61

Presentation of analysis• GIS Maps

• Impacts associated with each type of service change

62

63

Example: Impacts of route-level changes on surrounding populations

Example: impacts of span of service changes on ridership

64

- An agency proposes to eliminate late-evening service on ALL routes.

Example: impacts of span of service changes by route classification

65

- An agency has classified certain routes as “low-income” based on the Census tracts they serve. The agency proposes span of service changes to many of its routes.

Example: impacts of a service improvement on existing riders

66

- An agency proposes to replace an express bus route with a faster fixed guideway service. The agency analyzes travel time differences for existing riders based on their origin locations.

Average travel time by ridership group (minutes)

Existing bus service

New fixed-guideway

Change

Absolute Percentage

Minority 57.1 48.8 -8.3 -14.5%

Low-income 58.6 50.3 -8.3 -14.2%

Overall 62.1 53.8 -8.3 -13.4%

67

Example: impacts of headway changes by route classification

- An agency has classified certain routes as “minority” based on the Census tracts they serve. The agency proposes headway changes to many of its routes.

68

Mode Change

• If an agency operates multiple modes of service but proposed service changes only affect one mode: an equity analysis must be performed at the modal level based on proportions of L-I & minority ridership for each mode.

Alternative services available What alternative services are available

for people impacted by the service change?

How would the use of alternatives affect riders’ travel times and costs?

Example: Other lines or services, potentially involving transfers and/or other modes, that connect affected riders with destinations they typically access.

Can test alternatives using a trip planner

69

MITIGATE, MINIMIZE & OFFSET DISPARATE IMPACTS!

Alignment or frequency changes to nearby lines or services to offer more convenience to affected areas

Expansion of demand-response service in affected areas

Guaranteed ride home program Other budgetary actions to taken to limit

impacts to riders, i.e. internal cost-containment strategies

70

71

Conclusions• What are your conclusions as to the impact of

proposed service changes on L-I and minority populations?

• If disparate impact:– Meets a substantial need that is in the public

interest– Alternative strategies have more severe adverse

effects than preferred alternative– 1 & 2 not a pretext for discrimination– & considered alternatives & mitigation

72

73

• Is it always the case that, if a transit agency raises fares such that the percent increase is the same for all fares, then the increased fares are equitable?

Yes?

No?

2008 Customer Satisfaction Survey (Systemwide)WeekdayEthnicity by Fare TypeWeighted by originating rides

CountFare type Non-minority Minority TotalFR Cash 149,131 302,021 451,152FR Day Metro Pass 158,451 290,456 448,907Express Bus Cash 5,198 1,047 6,245Express Bus Day Pass 2,166 1,047 3,213Rail Cash 1-Zone 0Rail Cash 2-Zone 0Rail 1-Zone Day Pass 0Rail 2-Zone Day Pass 0Cash Single Ride Student 0Seniors 28,395 17,681 46,077Disability Fare card 9,321 29,280 38,600Active Duty/Military 0Disability Fare Card (ADA certified) 9,321 9,321 18,641Dillo 0STS 0Adult 31 31-Day R Pass 335,544 511,225 846,769Student 31-Day R Pass 130,489 192,661 323,150Adult 7-Day R Pass 0Dillo Monthly Pass 0Express & Rail Adult 31-Day Pass (all zones) 6,498 3,140 9,637Express & Rail Reduced fare 31-day rolling Pass (all zones) 11,262 1,396 12,658Stored Value Card 10,620 780 11,400STS Monthly Pass 11,789 10,497 22,286

STS 10-Ride Ticket Booklet 17306 15408 32,714RideShare Monthly 4,248Total 885,490 1,385,960 2,275,698

60.9%

Ethnicity

75

Example Fare Data:Is there a disparate impact?

Fare Type NonMin Minority Cost/Ride

Cash 1-ride 149,131 302,021 $1.00

Day Pass 158,451 290,456 $1.25

Monthly Pass 511,225 355,544 $0.75

TOTAL 686,930 1,122,250

76

Compare & Mitigate Proposed Fare Changes

• Analysis should compare the fares that would be paid under the change with fares that would be paid under available alternatives.

• Describe actions to avoid, minimize, or mitigate any adverse effects of proposed fare changes on minority and low-income populations.

77

Service & Fare Equity AnalysisSummary Points

Evaluate changes during planning Determine if discriminatory impact Compare “apples-to-apples” Explain methodology Use graphics Describe actions to mitigate

78

Thank you!!Questionsالسؤال

פראגע

परशन

问题

Domanda?

ερώτηση

ВОПРОСЫ

Frage

tanong

kwestia

kesyon

¿Preguntas?

질문

Pitanjepergunta