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

2. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit Disparate Impact – Examples ScenarioYesNo Bus shelter placement based on advertising revenue potential Clean-fuel vehicles to non-minority areas Bus line gets rerouted to serve low-income area that was previously underserved Fixed guideway in minority area, but does not include stations or comparable amenities Service reductions or fare increases that disproportionately effect minorities Signs about service changes are placed evenly throughout the service area

8. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit Board Communication There are several areas where you will need Board approval: The Title VI Program of all recipients and sub- recipients C ertain 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. Title VI and Public Transit 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.A demographic analysis of the transit provider’s service area. b.Data regarding customer demographics and travel patterns; c.Results of the monitoring program of service standards and policies and any action taken 13

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

15. Title VI and Public Transit Requirements for Fixed Route Transit Providers 1. 2. 3. 4. 15

16. Service Equity Analysis

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

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

28. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit Example – Aggregate Service Changes YearRoute Percentage of Service Reduction (Route Miles) 2012B-1710% 2013B-1715% 2014B-1710% TotalB-1735% 30

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

35. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit Determining Data for GIS Analysis Obtain Block, Census tract, or Traffic Analysis Zone-level Household data  Race and ethnicity  Income  National origin 37

38. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit Example A: 11-County Area MWRTA, MA – Area Map Metro West Regional Transit Authority (MWRTA) Data Total Pop =242,916 Total HH =97,524 Minority Pop =50,829 Median HH Income =$93,000 45

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

47. Title VI and Public Transit 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. Title VI and Public Transit 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. Title VI and Public Transit MWRTA Transit System Map 50

51. Title VI and Public Transit GIS Analysis – Transit Network Layer Map existing transit routes on TAZ layer 51

52. Title VI and Public Transit GIS Analysis – Low Income Areas Map of low-income areas Low-income threshold is 18% of regional population 52

53. Title VI and Public Transit GIS Analysis Transit routes on low-income areas 53

54. Title VI and Public Transit Minority threshold of 21% determined by total service area population GIS Analysis – Minority Areas Map of minority areas 54

55. Title VI and Public Transit GIS Analysis Transit routes on minority areas 55

56. Example A: 11-County Area Evaluate Service and Fare Equity Changes

57. Title VI and Public Transit Service Change Analysis must identify impacts of service change to: Low-income and minority populations Population around impacted transit routes as compared to population of service area 57

58. Title VI and Public Transit GIS Analysis Overlay affected routes to identify low-income TAZs ¼ mile buffer is used to identify the affected population 58

59. Title VI and Public Transit GIS Analysis Eliminated routes on minority TAZs 59

60. Title VI and Public Transit GIS Analysis Overlay affected route to determine minority TAZs ¼ mile buffer is used to identify the affected population 60

61. Title VI and Public Transit Set threshold with demographic data Analysis with demographic data Disparate Impact Policy ±2%. Disproportionate Burden Policy ±2% Regional Population DATA of 21% compared to 21% of total routes adversely affected; compare the 21% to Route 7 which is 26% Calculate Effects of Service Change Using Population MWRTA - Regional Population & Household Data Total Populati on Minority Population Percent Minority Low- income Population Percent Low- income 242,91650,82921%43,00018% MWRTA - Affected TAZ Area Population Data Route #Change type Total Population in the Corridor Minority Population Percent Minority Low- income Population Percent Low- income Route 6Discontinued5,87080014%2504% Route 7Discontinued9,5002,50026%2,10022% Total15,3703,30021%2,35015% 61

62. Title VI and Public Transit Calculate Effects of Service Change 62

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

64. Example C: Assessing Service with Ridership Data Set System-Wide Standards and Policies

65. Title VI and Public Transit Agency Policy For this example we will use the same disparate impact policy as the previous examples: ± 2% 65

66. Title VI and Public Transit Thresholds Weekday system-wide ridership statistics  Percent minority = 42%  Percent low-income = 37% 66

67. Example C: Assessing Service with Ridership Data Collect and Report Data

68. Title VI and Public Transit Ridership GIS maps can be helpful but are not required Ridership data must be by route in order to compare the minority and low-income populations riding the impacted routes with the minority and low-income populations of the system Document surveys taken, sample sizes, etc. to show adequate ridership data for the service equity analysis 68

69. Example C: Assessing Service with Ridership Data Evaluate Service and Fare Equity Changes

70. Title VI and Public Transit Analysis with ridership data Regional Ridership: Minority: 42% Low-Income: 37% Calculate Effects of Service Change Using Ridership Data 70

71. Title VI and Public Transit Calculate Effects of Service Change Statistical Significance 71

72. “Impacted Ons” calculated by taking the number of trips eliminated in a given hour times the number of passengers per trip during that hour and adding up the number of passengers impacted in a week. Disparate Impact Policy ±5% 72

73. Title VI and Public Transit If There is a Potential Disparate Impact 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.” 73

74. Title VI and Public Transit Steps Taken if Disparate Impact Found Reanalyze changes for disparate impact Yes Legal test met? Yes Analysis Complete No Possible Title VI Violation No Analysis Complete No Analysis Complete Disparate Impact? Yes Take actions to avoid, minimize, mitigate (revise changes) 74

75. Title VI and Public Transit 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 75

76. Title VI and Public Transit Determine Mitigation Avoid The service change that results in WORST IMPACTS Revise service change, requiring reanalysis Minimize Alignment changes located to nearby lines with same origin and trip destinations Cost containment strategies to limit impacts to riders. Market mitigation strategies that may help offset impacts Mitigate Expand demand- response service in impact area Guaranteed ride home program 76

77. Fare Equity Analysis

78. Title VI and Public Transit What is a Fare Equity Analysis? An assessment conducted by a transit provider to determine whether fare changes, either increases or decreases, will result in a disparate impact on Title VI-protected populations and/or disproportionate burden on low-income populations 78

79. Title VI and Public Transit Fare Equity Analysis Must be completed by transit providers with 50+ vehicles in peak period in large UZAs Applies to all fare and fare media changes  Regardless of amount  Regardless whether increase or decrease  Changes in transfer policies affected  Completed during the planning stage Evaluate effect on Title VI-protected populations and low-income populations 79

80. Title VI and Public Transit Fare Equity Analysis Exceptions “Spare the air days” Temporary fare reductions that are mitigation measures for other actions Promotional fare reductions. If a promotional or temporary fare reduction lasts longer than six months, then FTA considers the fare reduction permanent and the transit provider must conduct a fare equity analysis Paratransit fares 80

81. Title VI and Public Transit Submission Fare Equity analyses will be submitted to FTA as part of a transit provider’s Title VI program Conduct fare equity analysis prior to fare change to determine whether planned changes will have a disparate impact 81

82. Steps in the Analysis Requirements and Guidelines

83. Title VI and Public Transit Fare Equity Analysis Framework Evaluate fare 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 83

84. Title VI and Public Transit Disparate Impact Definition Facially neutral policy or practice that disproportionately affects members of a protected class identified by race, color, or national origin. 84

85. Title VI and Public Transit Disparate Impact Legal Test The transit provider’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 85

86. Title VI and Public Transit Sample Disparate Impact Policy Fares Applied to fare changes consistently, i.e. mathematically consistent throughout the analysis Use the Board approved disparate impact policy until next Title VI program submittal Disparate Impact Policy Example:  Statistical significance is deemed a ±5% difference between the impacts of the fare changes before and after on minority passengers compared to the impacts borne by non-minority passengers 86

87. Title VI and Public Transit Fare Equity Changes – Data Analysis Analyze information generated from ridership surveys Transit Provider shall:  Determine the number and percent of users of each fare media being changed;  Review fares before and after the change;  Compare the differences for each particular fare; media – minority riders; and  Compare the differences for each particular fare media – low-income riders. 87

88. Title VI and Public Transit Fare Change Analysis Presentation and analysis of fare changes CountCostChangeUsage by Group Fare typeExistingProposedAbsolute% Low- Income MinorityOverall Cash$1.50$2.00$0.5033.3%308,287402,021451,152 1-Day Pass$4.50$5.50$1.0022.2%299,880290,456448,907 Senior$0.50$0.75$0.2550.0%37,53617,68146,077 Disability$0.50$1.00$0.50100.0%75,44029,28038,600 Adult 31-Day Pass$57.00$63.00$6.0010.5%132,720311,225746,769 Student 31-Day Pass $30.00$35.00$5.0016.7%205,708192,661323,150 Adult 7-Day Pass$15.00$17.00$2.0013.3%105,831132,135170,300 10-Ride Card$13.50$18.00$4.5033.3%18478011,400 Total 1,165,5861,376,2392,236,355 88

89. Title VI and Public Transit Fare Change Analysis Presentation and analysis of fare changes Disparate Impact Policy & Disproportionate Burden Policy: ±5% comparing ridership to usage % of TotalCostChangeUsage by Group Fare typeExistingProposedAbsolutePercentage Low- Income MinorityOverall Cash$1.50$2.00$0.5033.3%26.4%29.2%20.2% 1-Day Pass$4.50$5.50$1.0022.2%25.7%21.1%20.1% Senior$0.50$0.75$0.2550.0%3.2%1.3%2.1% Disability$0.50$1.00$0.50100.0%6.5%2.1%1.7% Adult 31-Day Pass$57.00$63.00$6.0010.5%11.4%22.6%33.4% Student 31-Day Pass $30.00$35.00$5.0016.7%17.6%14.0%14.4% Adult 7-Day Pass$15.00$17.00$2.0013.3%9.1%9.6%7.6% Stored Value Card$13.50$18.00$4.5033.3%0.0%0.1%0.5% Total 100.0% 89

90. Calculate Effects of Fare Change on Riders Route # Ridership Information Minority Percent Minority Non- minorityLow-Income Percent Low- Income Non low- income BE 107013%49017026%480 BE 1817014%100614012%1016 LB 2146035%85737030%866 LB 1157039%88830025%915 LB 2525040%37729042%399 Total 1,52030% 3,618 1,27026% 3,676 210,00032% 450,000 260,00039% 400,000 Route # Fare Information Average Fare Change Current fare Proposed fare Fare change Percent Fare ChangeMinority Non- minorityLow-income Non-low- income BE 10 $2.00$2.50$0.5025%$35.00$245.00$85.00$240.00 BE 18 $2.00$2.50$0.5025%$85.00$503.00$70.00$508.00 LB 21 $1.25$1.50$0.2520%$115.00$214.25$92.50$216.50 LB 11 $1.25$1.50$0.2520%$142.50$222.00$75.00$228.75 LB 25 $1.25$1.50$0.2520%$62.50$94.25$72.50$99.75 Average Fare Increase $0.29$0.35$0.31$0.35 Percent Increase 45%55%47%53% 90

91. Title VI and Public Transit Effects of Fare Changes on Riders Minority riders and low-income riders will have a lower average fare increase than non-minority and non-low-income households 91

92. Title VI and Public Transit Steps Taken if Disparate Impact Found Reanalyze changes for disparate impact (if grantee revises changes) Yes Legal test met? Yes Analysis Complete No Possible Title VI Violation No Analysis Complete No Analysis Complete Disparate Impact? Yes Take actions to avoid, minimize, mitigate (revise changes) 92

93. Title VI and Public Transit If There is a Potential Disparate Impact If a disparate impact is found, the transit provider may implement the service change only if: “…the transit provider (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.” 93

94. Title VI and Public Transit If There is a Disproportionate Burden At the conclusion of the analysis, if the transit provider finds that low-income populations will bear a disproportionate burden of the proposed fare change, the transit provider should take steps to avoid, minimize or mitigate impacts where practicable. The transit provider should describe alternatives available to low-income populations affected by the fare changes 94

95. Title VI and Public Transit Avoid, Minimize and Mitigate Partnerships Subsidy for bulk pass purchases Ticket purchases by CBOs or social service agencies Outreach! 95

96. Title VI and Public Transit Alternatives Available What alternatives are available?  Analyze any alternative transit modes, fare payment types or fare media available for affected people Alternative fare media Timing of fare increase Increase fares on some media Studies indicate passengers desire smaller & incremental fare increases; rather than a LARGE ONE all at once 96

97. Title VI and Public Transit Fare Equity Analysis Recap Evaluate fare impacts on minority and low-income populations separately Using the following framework:  Develop Disparate Impact Policy and Disproportionate Burden Policy with Public Participation  Analyze data  Assess Impacts  Modify Proposal if Necessary  Finding a Disparate Impact  Examining Alternatives  Finding a Disproportionate Burden 97

98. Questions? Aida B. Douglas Adjunct Instructor National Transit Institute 98