2. Welcome! Introductions Agenda: 1.General Title VI requirements 2.LEP 3.Urbanized Area Title VI Requirements 4.Service and Fare Equity Analysis 2

3. 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

4. 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

5. 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

6. 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

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

9. 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

10. 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

11. Procedures for Investigating Complaints Why must I develop complaint procedures? Procedures o Create uniformity with regard to how the agency investigates and tracks complaints o Must be available upon request

12. Complaint Procedures Define what constitutes a complaint o Legal bases Consider including: o Timeframe for accepting complaint o Investigation and resolution timeframe o Who investigates the complaint o Who resolves the complaint

13. 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

14. 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.ustitle.VIcomplaint@abc.orgwww.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)

15. 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 populations o Refer to list of Interested Parties [SAFETEA-LU, 23 U.S.C. 134(i-j) and 135(f-g)]

16. 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 Decisionmaking available online at www.fhwa.dot.gov/hep/lowlim

18. 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.

19. 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.

20. 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.

21. 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

22. 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.

24. Language Group # % Spanish 1,182,068 6.66% Indo-European 663,874 3.74% 395,159 2.23% All Others 69,155 0.39%

28. Factor 2: Frequency of Contact Rule of thumb: –More contact = More enhanced services What data would you analyze?

29. 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?

30. Community Focus Groups to determine how to deliver info

31. Factor 4: Resources and Costs How much will it cost and what resources will we need to deliver services?

32. 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

33. How are LEP plans typically implemented? Popular Strategies o Publishing timetables and route maps in languages other than English o Multi-language phone lines o Multilingual staff in information booths o Pictograms o Multi-language announcements at stations and on vehicles o Language identification using “I Speak” cards o Advertising in ethnic media

34. I Speak Cards

36. A Model LEP Plan Includes Four Factor Analysis Provides policies for evaluating language assistance providers Notice to public Vital Documents Staff Training Monitoring plan

37. LEP Summary Points Conduct Four Factor Analysis o Number o Frequency o Nature o 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 years o Please submit your program 30 days in advance

38. General Requirements Summary Points (cont.) Title VI program must include: o Summary of public outreach and involvement activities o LEP plan o Procedures for tracking and investigating Title VI complaints o List of any Title VI investigations, complaints, or lawsuits o Title VI notice and instructions on how to file a discrimination complaint For exact language, refer to FTA Circular 4702.1A

39. Thank you!! Questions السؤال פֿראַגע प्रश्न 问题 Domanda ? ερώτηση ВОПРОСЫ Frage tanong kwestia kesyon ¿ Preguntas? 질문 Pitanje pergunta

41. Guidelines for Transit Agencies Serving Urbanized Areas Collect demographic information on beneficiaries o Maps with overlays o Customer surveys o Locally developed alternative to collect and analyze demographic data Service standards and policies o Set policies o Conduct service and fare change equity analysis as appropriate o Monitor transit service (e.g., level, quality, etc.) o Report every three years to FTA

42. Maps with overlays

43. 43 Maps with overlays

45. Customer Surveys Example:

46. Monitor Transit Service Example: Monitor Headways

47. Monitor Transit Service Example: Monitor Weekday Spans

48. Monitor Transit Service Example: Monitor Saturday Spans

49. Monitor Transit Service Example: Vehicle Load

50. 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?

51. 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 Recipients 51

52. 52

53. 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

54. Should I conduct a Service Equity Analysis? Major Service Change? YES Service Equity Analysis Disproportionate Impact? YESAVOIDMINIMIZEMITIGATENO ACTION

55. 55

56. 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

57. SERVICE & FARE EQUITY ANALYSIS Customary Steps 57 Get Data Convert Data, e.g. Apples to Apples ID Minority Calculate Average Compare Benefits & Burdens

58. Option A: Create Maps Span of Service, Modes Assess AlternativesTravel Time, Cost Determine if disproportionate impact Mitigate Option B: Create your own method Evaluate changes during planning Explain your own methodology Determine if disproportionate impact Identify Alternatives & Mitigate 58 Most agencies use Option B

59. 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

60. Golden Rule for Preparing Service Equity Analysis APPLES TO APPLES ORANGES TO ORANGES 60

61. 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

62. Presentation of analysis GIS Maps Impacts associated with each type of service change 62 Headway Span-of- Service Route Elimination Vehicle Type Load Factor Cost Location

63. 63 Summary of service changes Minority proportion of population Low-income proportion of population Along lineThresholdAlong lineThreshold Segment discontinuation, headway reduction 38.9%34.3%16.7%12.2% Example: Impacts of route-level changes on surrounding populations

64. Example: impacts of span of service changes on ridership 64 Type of service change Minority proportion of ridershipLow-income proportion of ridership Affected tripsThresholdAffected tripsThreshold Service span39.9%43.7%48.6%41.4% - An agency proposes to eliminate late-evening service on ALL routes.

65. Example: impacts of span of service changes by route classification 65 Average span of service (hours) ExistingProposedChange Low- Income Higher- Income Low- Income Higher- Income Low- Income Higher- Income Weekday16.616.216.1 -0.5-0.1 Saturday16.114.715.814.5-0.3-0.2 Sunday14.813.213.912.9-0.9-0.3 - 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.

66. 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 AbsolutePercentage Minority57.148.8-8.3-14.5% Low-income58.650.3-8.3-14.2% Overall62.153.8-8.3-13.4%

67. 67 Average headway (minutes) ExistingProposedChange MinorityNon-MinorityMinorityNon-MinorityMinorityNon-Minority Weekday Peak23.522.723.822.90.30.2 Weekday Midday25.927.527.228.31.30.8 Weekday Evening28.431.031.533.43.12.4 Saturday35.436.936.338.00.91.1 Sunday42.245.244.746.42.51.2 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. 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.

69. 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

70. 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. 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. 72

73. 73

74. 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? YesYes? NoNo?

75. 75

76. Example Fare Data: Is there a disparate impact? Fare TypeNonMinMinorityCost/Ride Cash 1-ride149,131302,021$1.00 Day Pass158,451290,456$1.25 Monthly Pass511,225355,544$0.75 TOTAL686,9301,122,250 76

77. 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

78. Service & Fare Equity Analysis Summary Points  Evaluate changes during planning  Determine if discriminatory impact  Compare “apples-to-apples”  Explain methodology  Use graphics  Describe actions to mitigate 78

79. Thank you!! Questions السؤال פֿראַגע प्रश्न 问题 Domanda ? ερώτηση ВОПРОСЫ Frage tanong kwestia kesyon ¿ Preguntas? 질문 Pitanje pergunta