Meeting_Body
EXECUTIVE MANAGEMENT COMMITTEE
SEPTEMBER 19, 2019
Subject
SUBJECT: TITLE VI EQUITY ANALYSIS POLICIES
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
ADOPT Title VI Equity Analysis Policies presented in Attachments A, B and C.
Issue
ISSUE
Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color, and national origin in programs that receive federal funding. The Federal Transportation Administration (FTA) requires transportation agencies to demonstrate their compliance with Title VI by adopting policies in compliance with FTA Circular 4702.1B “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” issued October 1, 2012. FTA requires the Metro Board of Directors to review and approve the Title VI Equity Analysis polices.
Background
BACKGROUND
Section 601 of Title VI of the Civil Rights Act of 1964 (Title VI) states the following:
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, revised in 2012, requires transportation agencies to develop policies to assist in the evaluation of impacts to minority and low-income riders when considering service and fare changes. Metro’s Title VI equity policies were adopted into the Administrative Code under Part 2-50 “Public Hearings”. An amendment to this Part is being proposed to allow the adoption of Title VI Equity Policies to be updated by the Board of Directors as required, without impacting the Administrative Code.
The Title VI Equity Analysis policies consists of:
A. Major Service Change Policy: This policy defines what constitutes a major service change for the agency which will require a service equity analysis. Metro defines a Major Service Change as follows:
a. All major increases or decreases in transit service are subject to a Title VI Equity Analysis prior to Board approval of the service change. A Title VI Equity Analysis completed for a major service change must be presented to the Board of Directors for their consideration and then forwarded to the FTA with a record of the action taken by the Board.
b. A major service change is defined as any service change meeting at least one of the following criteria:
1. A revision to an existing transit route that increases or decreases the route miles and/or the revenue miles operated by 25% or more at one time or cumulatively in any period within 36 consecutive months since the last major service change;
2. A revision to an existing transit service that increases or decreases the scheduled trips operated by at least 25% at one time or cumulatively in any period within 36 consecutive months since the last major service change;
3. An increase or decrease to the span of service of a transit line of at least 25% at any one time or cumulatively in any period within 36 consecutive months since the last major service change;
4. The implementation of a new transit route that provides at least 50% of its route miles without duplicating other routes;
5. Six months prior to the opening of any new fixed guideway project (e.g. BRT line or rail line) regardless of whether or not the amount of service being changed meets the requirements in the subsections 1 - 5 above to be inclusive of any bus/rail interface changes.
c. Experimental, demonstration or emergency service changes may be instituted for one year or less without a Title VI Equity Analysis being completed and considered by the Board of Directors. If the service is required to be operated beyond one year the Title VI Equity Analysis must be completed and considered by the Board of Directors before the end of the one year experimental, demonstration or emergency.
d. A Title VI Equity Analysis shall not be required if a Metro transit service is replaced by a different route, mode, or operator providing a service with the same headways, fare, transfer options, span of service and stops.
B. Disparate Impact Policy: Disparate impact refers to a facially neutral policy or practice that disproportionately affects members of a group identified by race, color or national origin and the policy lacks a substantial legitimate justification, including one or more alternatives that would serve the same legitimate objectives but with less disproportionate effects on the basis of race, color or national origin. This policy defines the threshold Metro will utilize when analyzing the impacts to minority populations and/or minority riders.
a. For major service changes, a disparate impact will be deemed to have occurred if the absolute difference between the percentage of minority adversely affected and the overall percentage of minorities is at least five percent (5%).
b. For any applicable fare changes, a disparate impact will be deemed to have occurred if the absolute difference between the percentage of minority adversely affected and the overall percentage of minorities is at least five percent (5%).
C. Disproportionate Burden Policy: Disproportionate burden refers to a neutral policy or practice that disproportionately affects low-income populations more than non low-income populations. A finding of disproportionate burden for major service and fare changes requires Metro to evaluate alternatives and mitigate burdens where practicable.
a. For major service changes, a disproportionate burden will be deemed to exist if an absolute difference between percentage of low-income adversely affected by the service change and the overall percentage of low-income persons is at least five percent (5%).
b. For fare changes, a disproportionate burden will be deemed to exist if an absolute difference between the percentage of low-income adversely affected and the overall percentage of low-income is at least five percent (5%).
Metro’s Title VI Obligations when evaluating service and fare changes
Metro will utilize the Board adopted Title VI polices included in the agency’s Board adopted Title VI Program Update when analyzing service and fare changes. The equity analysis will be completed during the planning stages of the proposed changes. The results of the analysis will be approved by the Metro Board of Directors and evidence of the Board action will be included in the next Title VI Program Update submitted to FTA.
Metro must submit a Title VI Program Update every three years. The last submitted Title VI Program Update was November 17, 2016. The next Title VI Program Update will be submitted on November 1, 2019.
Discussion
DISCUSSION
Findings
Metro staff reviewed peer agencies Title VI Equity Policies and found that peer agencies had policies consistent with FTA Circular 4702.1B. Metro included an additional threshold when evaluating impact to Title VI protected groups. Metro staff in reviewing the additional threshold recommends that the absolute difference is considered when evaluating service and fare changes. Given that Metro’s service area is predominately minority, the absolute difference allows for alternatives to be considered if a disparate impact or disproportionate burden is found when evaluation service and fare changes.
Considerations
Metro considered the Board adopted thresholds from the 2013 and 2016 Title VI Program updates and based on peer agencies comparison, Metro staff recommends for the Title VI Equity Policies to be adopted as recommended.
Determination_Of_Safety_Impact
DETERMINATION OF SAFETY IMPACT
The requested action in this report will have no direct impact on the safety of Metro’s employees or customers.
Financial_Impact
FINANCIAL IMPACT
Adoption of the Title VI Equity Policies has no direct impact upon Metro’s expenditures or revenues. Approval is consistent with the implementation of service included in the adopted FY2020 Budget.
Implementation_of_Strategic_Plan_Goals
IMPLEMENTATION OF STRATEGIC PLAN GOALS
Recommendation supports strategic plan goal # 5, “Provide responsive, accountable and trustworthy governance within the Metro organization” by adhering to civil rights requirements mandated by FTA Title VI Circular 4702.1B.
Alternatives_Considered
ALTERNATIVES CONSIDERED
The alternative to not including Board approved Title VI Equity Policies could have significant negative impacts to the agency. Failure to include Board approved policies in the Title VI Program update may result in FTA not concurring Metro’s Title VI Program Update which may result in suspension of federal grants by being non-compliant with civil rights requirements.
Next_Steps
NEXT STEPS
The Title VI Program Update is scheduled for Board approval at the October 24, 2019 Board of Directors meeting. Upon Board approval, Metro’s Title VI Program Update will be submitted to FTA by the due date of November 1, 2019.
Attachments
ATTACHMENTS
Attachment A - Major Service Change Policy
Attachment B - Disparate Impact Policy
Attachment C - Disproportionate Burden Policy
Prepared_by
Prepared by: Aida Berry, Senior Manager, Civil Rights Programs (Title VI),
(213) 922-2748
Conan Cheung, Senior Executive Officer, Service Development, Scheduling & Analysis, (213) 418-3034
Reviewed_By
Reviewed by: Jonaura Wisdom, Chief of Civil Rights Programs, (213) 418-3168
