Embracing Your Title VI Program Updating and Implementing your Title VI Program for Transit Providers

What Are We Talking About Today? Title VI Purposes and Authorization Updating Your Title VI Program Title VI Triggers Implementation Guidance Q&A

Title VI Authorization and Purposes

Title VI Protections FTA Circular 4702.1B DISPARATE IMPACT: “facially neutral policy” or practice that disproportionately affects members of a group identified by race, color, or national origin. DISPORPORTIONATE BURDEN: A neutral policy or practice that disproportionately affects low-income/minority populations more than other populations. Are we unfairly distributing transit resources throughout the community? Are we unfairly burdening a minority/ low-income community over others?

Title VI Requirements Sample Plans Title VI Program Template RESOURCES www.calact.org/titlevi Sample Plans Title VI Program Template Language Assistance Plan development tool PowerPoints from past trainings, etc. Reminder: Requirements differ for fixed route providers with 50 or more vehicles & located in large UZA.

Updating Your Title VI Program

Updating Your Title VI Program Approach Guiding Questions Responses 1. Who interacts with the Public? 2. Is this document being used or sitting on a shelf? 1. Consult staff working with the Public What is/isn’t working Has interaction with LEPs changed? 2. Change the format/design to make it work for your agency PPP and LAP attached as separate documents? Quick Reference Sheet (handout) as first page

Updating Your Title VI Program Handout: Update Approach What needs to be updated Contact information, Notice locations, websites, etc. Demographics, especially LEP populations Public Participation Plan/Language Assistance Plan Update summary of outreach activities What strategies are/aren’t working Service Standards & Policies Revise based on population changes Have you monitored/used them What is/isn’t working

Updating Your Title VI Program Handout: Update Approach What needs to be updated Contact information, Notice locations, websites, etc. Demographics, especially LEP populations Public Participation Plan/Language Assistance Plan Update summary of outreach activities What strategies are/aren’t working Service Standards & Policies Revise based on population changes Have you monitored/used them What is/isn’t working

Updating Your Title VI Program Handout: Update Approach What needs to be updated Contact information, Notice locations, websites, etc. Demographics, especially LEP populations Public Participation Plan/Language Assistance Plan Update summary of outreach activities What strategies are/aren’t working Service Standards & Policies Revise based on population changes Have you monitored/used them What is/isn’t working

Updating Your Title VI Program DISCUSSION: Comments about Update experiences? What have you CHANGED in your program?

Title VI Triggers

Title VI Triggers Specific Events with Title VI Implications Handout: Title VI QUICK REFERENCE SHEET Public Outreach Determining site or location of new transit facility Title VI equity analysis required Fare or Fare Media Change If more than 50 vehicles/over 200,000 population Major Service Change Agency/Population Growth Additional data, reporting, and monitoring required

Title VI Triggers Specific Events with Title VI Implications Handout: Title VI QUICK REFERENCE SHEET Public Outreach Determining site or location of new transit facility Title VI equity analysis required Fare or Fare Media Change If more than 50 vehicles/over 200,000 population Major Service Change Agency/Population Growth Additional data, reporting, and monitoring required

Title VI Triggers Public Outreach A.

A. Public Outreach Questions to Ask Ways to Integrate Title VI Right staff trained? Complying with your PPP? Providing the language assistance you identified? Proactive outreach strategies included in planning activities? Studies and Plans Short Range Transit Plan update Major service changes Fare changes Coordinated Plan Update process Special grant outreach initiatives Operations Bilingual call takers Thoughtful choice of venues, times, format – inviting participation Mobility manager’s outreach

A. Public Outreach DISCUSSION Integrating public participation and Title VI: Recent successful events or formats? Any creative strategies for reaching LEP individuals? Wat is your annual cycle for service changes?

Determining Site or Location Title VI Triggers Determining Site or Location B.

Title VI Equity Analysis Determining Site or Location B. Who: ALL fixed route transit providers When: Determining the site or location of a transit-related facility (storage or maintenance facilities, operations centers) During the PLANNING process Purpose: Ensure the location is selected without regard to race, color, or national origin. FTA C 4702.1B, Chapter III-11-12

Title VI Equity Analysis Determining Site or Location B. Requirements Engage in outreach to persons potentially impacted by the location Compare the equity impacts of various siting alternatives- consider MULTIPLE ALTERNATIVES Determine if cumulative adverse impacts might result due to the presence of other facilities with similar impacts in the area Analysis should be done at the Census tract or block group, where appropriate Occur BEFORE the selection of the preferred site FTA C 4702.1B, Chapter III-11-12

Title VI Equity Analysis Determining Site or Location B. What you’re looking for: If disparate impact exists: DISPARATE IMPACT: Facially neutral policy or practice that disproportionately affects members of a group identified by race, color, or national origin Consider and analyze alternatives to determine whether those alternatives would have less of a disparate impact on the basis of race, color, or national origin. Implement the least discriminatory alternative.

Title VI Equity Analysis Sample Approach B. Skagit Transit, Skagit County, WA Maintenance, Operations and Administration Base www.skagittransit.org/assets/1/7/Title_VI_Equity_Analysis_for_MOA_Siting.pdf

Title VI Equity Analysis Sample Approach B. Public Comments solicited on site alternatives (3) Benefits and Burdens Analysis of each alternative Description of original site ranking process based on facially neutral criteria Alternative Equity Analysis and Cumulative Impacts Conclusion (Interpreting Analyses)

Title VI Equity Analysis Sample Approach B. Public Comments solicited on site alternatives (3) Benefits and Burdens Analysis of each alternative Description of original site ranking process based on facially neutral criteria Equity Analysis of Alternatives & Cumulative Impacts Analysis Conclusion (Interpreting Analyses)

Title VI Equity Analysis Benefits & Burdens Analysis

Title VI Equity Analysis Benefits & Burdens Analysis Enhance Analysis: To enahnce analysis: A Add data Current transit levels Distances Future transit levels Some quantitative indicators (service, distances) Zoning differences Further detail on mitigations?

Title VI Equity Analysis Alternatives Equity Analysis B. Census analysis at Block Group Level of minority, LEP, Poverty populations

Title VI Equity Analysis Alternatives Equity Analysis B. Census analysis at Block Group Level of minority, LEP, Poverty populations Enhance Analysis: Contrast with State and County % in poverty % minority median household income Consider other variables Residential density

Title VI Equity Analysis Cumulative Impacts Analysis B. Enhance Analysis: List/quantify similar facilities Include distances

Title VI Equity Analysis Determining Site or Location B. DISCUSSION: Has anyone done a Title VI Equity Analysis for a facility location? Other approaches? Considering new storage or maintenance facility? Conduct Equity Analysis BEFORE land purchase?

Fare or Fare Media Change Title VI Triggers Fare or Fare Media Change C.

Title VI Equity Analysis Change to Fare/Fare Media Who: If a transit provider of Operates 50 or more fixed route vehicles in peak service AND is located in an Urbanized Area (UZA) of 200,000 or more in population; or Has been placed in this category at the discretion of the Director of Civil Rights. When: PRIOR to implementation; INCREASE or DECREASE in fares Purpose: To determine whether changes will have a disparate impact based on race, color, or national origin. Requirements: Develop written policy/procedures for measuring fare disparate impacts Conduct Title VI Equity Analysis: low-income vs. minority populations Identify alternatives if disparate impacts identified Present to governing board Include procedures, results, and documentation of Board’s approval of and awareness of Title VI Program. FTA C 4702.1B, Chapter IV-19-21

Title VI Equity Analysis Change to Fare/Fare Media IMPACT is change defined as statically different between low-income or minority populations and the general public.

Change to Fare/Fare Media Sample Approach Morongo Basin Transit Authority, Joshua Tree, CA 2013 Fare Analysis

Title VI Equity Analysis Changes to Fare/Fare Media WHY: Fare increase recommended, not analyzed by COA Concern about EQUITY by fare type – fare increases may be unfairly distributed among MBTA’s ridership groups. Note: Equity Analysis not required under Title VI for small transit providers. EXPLORING EQUITY: Answer guiding questions – What was the average fare revenue per trip for the various passes? What was the actual percentage discount between the average fare and the cash fare per trip? What does actual utilization by fare type suggest for defining equitable and sufficient fare increases? Will minority riders bear a DISPORPORTIONATE IMPACT of the change between the existing cost and the proposed cost?

Title VI Equity Analysis Changes to Fare/Fare Media FINDINGS: Two instances of Equity Issues: Seniors/ Disabled cash fare increases by 50%, twice the The Adult/Student cash fare increase of 25% ReadyRide general public base fare increase by 25% vs. Seniors/ Disabled punch pass increase by 50% Monthly passes are undervalued Recommendations of new fare alternative: Equitable Distribution of fare increases, within fare categories and across groups.

Title VI Equity Analysis Changes to Fare/Fare Media PUBLIC PARTICIPATION: A FAIR FARE Following analysis, BEFORE IMPLEMENTATION Publicized proposed increases and invited input Comments invited by: phone Mail Email 4 open houses 1 public hearing Events widely advertised in English and Spanish

Title VI Equity Analysis Fare Media Example C. METROLINK FARE MEDIA ANALYSIS Cashless Ticketing Device, Title VI Equity Analysis Analysis done for SBCTA Do cashless ticketing devices presented special difficulties for persons of low-income who are “unbanked”? Does this present a disparate impact to cash-based households?

Title VI Equity Analysis Changes to Fare Media Cashless Ticketing Device 20% of collected fare revenue and 40% of fare transactions are cash-based Suggests that shorter trips are more likely to be cash-based Hypothesis that transit dependent riders are taking short trips to travel quickly between communities. Often have more limited use of debit or credit cards, with associated fees Related support – TRB 2017 study reported high correlation between taxi users who pay cash and “unbanked”, low-income households (King & Saldarriaga, 2016)

Title VI Equity Analysis Changes to Fare Media About the region The San Bernardino line has heavy use – six stations 34% of the San Bernardino Valley households are earning below $40,000 annually Both rail and transit ridership in region are from low-income households About Metrolink’s analysis Metrolink’s outreach did not adequately reflect local demographics Insufficient representation of low-income No platform interviews in Spanish

Title VI Equity Analysis Changes to Fare Media Conclusion AMMA questioned Metrolink’s conclusion: “share of minority respondents adversely impacted are just 3.2% greater than the share of the non-minority respondents” AMMA questioned Metrolink remediation of disparate impacts AMMA proposed securing retail outlets options for Metrolink cash ticket purchase

Title VI Equity Analysis B. DISCUSSION: Has anyone performed a Title VI fare equity analysis? Lessons learned? BONUS BENEFIT – effective outreach upfront generates acceptance of subsequent fare increases

Title VI Triggers Major Service Change D.

Title VI Equity Analysis Major Service Change D. Who: If a transit provider Operates 50 or more fixed route vehicles in peak service AND is located in an Urbanized Area (UZA) of 200,000 or more in population; or Has been placed in this category at the discretion of the Director of Civil Rights. When: PRIOR to implementation Purpose: To determine whether changes will have a disparate impact based on race, color, or national origin. Requirements: Develop a major service change policy Develop written procedures to evaluate any and all service changes that exceed the transit provider’s major service change threshold. Conduct Title VI Equity Analysis Present to governing board Include procedures, results, and documentation of Board’s approval/awareness in Title VI Program. FTA C 4702.1B, Chapter IV-10-18

Title VI Equity Analysis Major Service Change Policy Examples AGENCY 1: Major reduction of service that impacts and reduces 25% or more of the service hours of an existing route or service. AGENCY 2: A reduction or increase of 25 percent or more in total vehicle revenue miles in service on any specific route over a one‐week period.

Title VI Equity Analysis Major Service Change D. DISCUSSION What is a “Major Service Change” for your agency? BASELINE: What is the change from? Policy based on approaching a threshold Consider: Hours of Service Miles of Service Frequency Routes “The threshold for analysis shall not be set so high so as to never require an analysis; rather, agencies shall select a threshold most likely to yield a meaningful result in light of the transit provider’s system characteristics.” FTA C4702.1B

Developing Implementation Guidance

Implementation Guidance Developing a Title VI To-Do List Sample To-Do List: SUMBIT/ upload your program to the proper agency!

Implementation Guidance Developing a Title VI To-Do List Handout: Implementation Guidance What’s missing? Are Vital Documents on your website? Are complaint forms available at front desk? Is the Notice on buses/ in public buildings? Who needs to know about Title VI? Develop and Implement training What support does your team need? Who is thinking of Title VI Triggers Revisiting WHY?

Implementation Guidance RESOURCES CalACT’s website http://www.calact.org/titlevi “I Speak Cards” https://www.lep.gov/ISpeakCards2004.pdf Language Line Solutions FTA resources https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/title-vi-civil-rights-act-1964 Title VI Webinar: July 11, 2017 Stay tuned for details from CalACT

Q&A and Discussion

Contact Valerie Mackintosh: Valerie@AmmaTransitPlanning.com Heather Menninger: Heather@AmmaTransitPlanning.com