BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM

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1 Date of Meeting: June 7, 2016 # 7 BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM SUBJECT: ELECTION DISTRICT: Title VI Policies for Transit Service Countywide CRITICAL ACTION DATE: June 7, 2016 STAFF CONTACTS: Paul Mounier, Transportation & Capital Infrastructure Kathleen Leidich, Transportation & Capital Infrastructure Joe Kroboth, Transportation & Capital Infrastructure PURPOSE: To request approval of the Title VI policies for: Major Service Changes, Disparate Impact and Disproportional Burden for analysis of transit services and fare changes so these policies are approved and can be used for the analysis of the FY2017 proposed transit service changes. RECOMMENDATIONS: Staff Recommends that the Board of Supervisors (Board) approve the Title VI policies for: Major Service Changes, Disparate Impact and Disproportional Burden so that the Title VI analysis may be completed for the FY 2017 proposed transit service changes. BACKGROUND: On January 15, 2014, a Title VI plan was submitted by Loudoun County, Virginia at the direction of the U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA) as a requirement for the County to receive Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance for the construction of Phase 2 of the Dulles Corridor Metrorail project. Since the submission of the Loudoun County s Title VI plan, the County assumed operation of the local fixed-route transit service and complimentary paratransit services. The current Title VI plan does not account for these new services, and Staff is conducting a comprehensive update of the plan to include these new services. Since the previous plan was drafted, Loudoun County is operating more buses in the peak period and has been recognized as part of the Washington DC Urbanized Area. A transit provider that operates a fleet of over 50 fixed route vehicles in peak service and is an urbanized zone area (UZA) of over 200,000 or more in population is subject to additional reporting requirements. Loudoun County operates a fleet of 73 vehicles.

2 Item 7, Title VI Policies for Transit Board of Supervisors Business Meeting June 7, 2016 Page 2 Requirement Transit Provider that operates fixed-route Set system-wide standards Required and policies Collect and Report data Not required Required Evaluate service and fare Not required Required equity changes Monitor transit service Not required Required Transit Provider that operates 50 or more fixed-route vehicles and are located in a UZA of 200,000 or more in population. Required Demographic and service profile maps and charts Survey data regarding customer demographic and travel patterns. The Federal Transit Administration (FTA) has developed guidance in the form of a Circular (FTA C4702.1B) to assist transit agencies in complying with Title VI of the Civil Rights Act of The purpose of this Circular is to provide recipients of FTA financial assistance with instructions and guidance necessary to carry out the U.S. Department of Transportation s Title VI regulations. Title VI of the Civil Rights Act of 1964 provides that "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." Loudoun County, as a stipulation of receiving a TIFIA loan to support the development of the Dulles Corridor Metrorail Project, submitted a Title VI plan to the U.S. department of transportation in January Title VI, Section 7 requires Loudoun County Transit and Commuter Services (LCTCS) develop three policies to analyze transit service and fare changes for discriminatory impacts. These policies (Attachment 1) include the following: Major service change policy, Disparate impact policy, and Disproportionate burden policy.

3 Item 7, Title VI Policies for Transit Board of Supervisors Business Meeting June 7, 2016 Page 3 Title VI of the Civil Rights Act of 1964 requires Loudoun County Transit to develop these three policies to analyze transit service changes and fare changes for discriminatory impacts. The policies will be used in the following way: Each time a service change (such as a change in a bus route or schedule) is proposed, Loudoun County Transit will determine whether the change is a major service change. If the proposed service change qualifies as a major service change, Loudoun County Transit will analyze whether the change is adversely affecting minority populations in a disparate manner and low-income populations in a disproportionate manner. Every time a fare change is proposed, Loudoun County transit will analyze whether the fare change will affect minority populations in a disparate manner and low-income populations in a disproportionate manner. If a transit service change or a fare change would result in a disparate impact or disproportionate burden to minority or low-income populations, Loudoun County is required to avoid, minimize or mitigate the impact, and can only implement the service or fare change if there is substantial legitimate justification for the change and there are no alternatives that would have less of an impact on the County s minority and low-income communities. ISSUES: Compliance with Federal Regulations: The Board must approve these policies to remain compliant with the federal transit regulations. Per Federal Transit Administration Circular B Title VI Requirements and Guidelines for Federal Transit Administration Recipients." The proposed policies presented were developed based on a review of policies in place at peer transit agencies around the Washington, D.C. region and the nation, as well as a detailed examination of the use of Loudoun County Transit by minority and low-income persons today. Service changes under development: DTCI is proposing service changes in FY Service analysis must be complete to comply with the Title VI requirements. Analysis cannot be complete until the Board has approved the service analysis policies, therefore Staff is requesting that the Board approve the service analysis policies before the full Title VI program is presented and approved. The proposed service changes will be analyzed in accordance with these proposed and service changes will be presented to the Board at a subsequent business meeting. The full Title VI plan will be completed in fall of 2016 and Staff will bring the full program to the Board for discussion and approval at that time. FISCAL IMPACT: There is no fiscal impact associated with the approval of the policy statements. The fiscal impact of services changes will be identified for subsequent Board review. ALTERNATIVES: The Board could choose to not approve the policies at this time, however that would delay the analysis of the service changes scheduled for FY This would result in

4 Item 7, Title VI Policies for Transit Board of Supervisors Business Meeting June 7, 2016 Page 4 the implementation of the service changes being delayed. If the service changes are implemented without the analysis, the County would not be incompliance with the FTA regulations. DRAFT MOTIONS: 1. I move that the Board of Supervisors approve the Title VI policies for a major service change, disparate impact, and disproportional burden as shown on Attachment 1 to the June 7, 2016 Action Item. OR 2. I move and alternate motion. ATTACHMENT: 1. Department of Transportation and Capital Infrastructure Title VI Policies

5 Loudoun County Government Department of Transportation & Capital Infrastructure Title: Title VI Policies for Transit Service Effective Date: June 7, 2016 Number: TBD Date Last Reviewed: June 7, 2016 Purpose: To ensure compliance with Title VI of the Civil Rights Act of 1964 relating to transit service and fare changes. Procedures/Policy: The Federal Transit Administration (FTA) has developed guidance in the form of a Circular (FTA C4702.1B) to assist grantees in complying with Title VI of the Civil Rights Act of The purpose of this Circular is to provide recipients of FTA financial assistance with instructions and guidance necessary to carry out the US Department of Transportation s Title VI regulations. Title VI of the Civil Rights Act of 1964 provides that "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." Loudoun County, as a stipulation of receiving a Transportation Infrastructure Finance and Innovation Act (ITFIA) loan to support the development of the Dulles Corridor Metrorail Project, submitted a Title VI plan to the U.S. department of transportation in January Title VI, Section 7 requires Loudoun County Transit and Commuter Services (LCTCS) develop three policies to analyze transit service and fare changes for discriminatory impacts. These policies include the following: major service change policy, disparate impact policy, and Disproportionate burden policy. The policies will be used in the following way: Each time a service change (such as a change in a bus route or schedule) is proposed, LCTCS will evaluate the proposed change and make a determination whether the change meets the criteria for a major service change. If the proposed service change qualifies as a major service change, LCTCS will analyze whether the change is adversely effecting minority populations in a disparate manner and low-income populations in a disproportionate manner. ATTACHMENT 1

6 Transportation and Capital Infrastructure Policy Manual Each time a fare change is proposed, LCTCS will analyze whether the proposed fare change will affect minority populations in a disparate manner and low-income populations in a disproportionate manner. If a transit service change or a fare change would result in a disparate impact or disproportionate burden to minority or low-income populations, LCTCS shall avoid, minimize or mitigate the impact, and can only implement the service or fare change if there is substantial legitimate justification for the change and there are no alternatives that would have less of an impact on the county s minority and low-income communities. LCTCS shall define a major service change as any of the following: Adding or eliminating a bus route. Any change in service on any individual bus route that would add or eliminate more than 25% for the route s weekly revenue miles (the number of miles a bus operates while carrying paying passengers) Any change in service on any individual bus route that would add or eliminate more than 25% of the weekly revenue hours (the number of hours a bus operates while carrying paying passengers) Temporary additions of service with a duration less than twelve months, including those which qualify as a major service change, are exempt from this policy. If a temporary service additional or change lasts longer than twelve months, then FTA considers the service additional or change permanent and LCTCS must conduct a service equity analysis if the service otherwise qualifies as a major service change. Fare Equity Analysis: Title VI, Section 7 of the FTA Circular B requires transit agencies to evaluate the effects of fare changes on low-income 1 population in addition to the Title VI protected population. FTA requires transit providers evaluate the impacts of their proposed fare changes (either increases or decreases) on minority and low-income populations separately, using the following framework: Minority Disparate Impact Policy, Public participation process, Modification of proposal, Finding a disparate impact on the basis of race, color or National origin, and examining alternatives, and Low-income disproportionate burden policy. 1 Low-income is not considered a protected class in the Title VI regulations. However, recognizing the inherent overlap of environmental justice principals in this area, and because it is important to evaluate the impacts of service and fare changes on passengers who are transit-dependent, FTA requires transit providers to evaluate proposed service and fare changes to determine whether low-income populations will bear a disproportionate burden of the changes.

7 Transportation and Capital Infrastructure Policy Manual Disparate 2 Impact Policy: Title VI, Section 7 of the FTA Circular B requires transit agencies to develop a policy to measure disparate impacts. This policy establishes Loudoun County s Transit and Commuter Services threshold for determining when adverse effects of service or fare changes are borne disproportionally by minority populations. LCTCS establishes a disparate impact threshold of fifteen (15) percent, meaning that a disparate impact occurs when a proposed major service change or fare change would have a negative impact of 15% or more on minority populations as compared to the LCTCS, over all local fixed route ridership. Example: If minorities make up 30 percent of the overall ridership, but would bear 45 percent of the impacts, and the non-minority group would bear 55 percent, there may be a disparate impact insofar as the minority group bears 15 percent more than its expected share, from 45 percent of the burden to 30 percent of the population; while the non-minority group bears 15 percent less than its expected share of 55 percent of burden compared to 70 percent of population even though the absolute majority of the burden rests with the non-minority group. Should a disproportionate burden be discovered via the Title VI service change review process, LCTCS shall take steps to avoid, minimize or mitigate impacts where practical? Disproportionate 3 Burden Policy: Title VI, Section 7 of the FTA Circular B requires transit agencies to develop a policy to measure disproportionate impacts on low-income populations. This policy establishes the 2 Per FTA Circular B: Disparate impact refers to 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 The policy shall establish a threshold for determining when adverse effects of [fare/]service changes are Borne disproportionately by minority populations. The disparate impact threshold defines statistically significant disparity and may be presented as a statistical percentage of impacts borne by minority Populations compared to impacts borne by non-minority populations. The disparate impact threshold must Be applied uniformly and cannot be altered until the next Title VI Program submission. 3 Per FTA Circular B: The policy shall establish a threshold for determining when adverse effects of [fare/]service changes are Borne disproportionately by low-income populations. The disproportionate burden threshold defines statistically significant disparity and may be presented as a statistical percentage of impacts borne by low income Populations as compared to impacts born by non-low-income populations. The disproportionate burden threshold must be applied uniformly and cannot be altered until the next [Title VI] program Submission. At the conclusion of the analysis, if the transit provider finds that low-income populations will bear a disproportionate burden of the proposed fare[/service] 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 [/service] changes.

8 Transportation and Capital Infrastructure Policy Manual LCTCS s threshold for determining when adverse effects of service or fare changes are borne disproportionately by low-income populations. LCTCS establishes a disparate impact threshold of fifteen (15) percent, meaning that a disparate impact occurs when a proposed major or fare change would negatively impact the affected minority population by fifteen (15) percent or more as compared with the population of the LCTCS riders. Example: If the system average for low-income riders is 30% and an average fare or service change impacts a route that has an average of 45% low-income riders, there is a disparate impact and it must be addressed. Should a disproportionate burden be discovered via the Title VI service change review process, LCTCS shall take steps to avoid, minimize or mitigate impacts where practical? When LCTCS evaluates the impacts of proposed service changes on low-income populations, the following issues shall be considered: Ridership data, GIS or alternative maps and population data, Determination of disproportionate burden analysis, and Strategies to avoid, minimize or mitigate impacts.