DRAFT TIP Chapter 2 - Nondiscrimination and Title VI Considerations

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2020 - 2024 Transportation Improvement Program


Chapter 2

THE TRANSPORTATION IMPROVEMENT PROGRAM

Nondiscrimination and Title VI Considerations

Background

To identify and proactively address any potential concerns about the equity of investments in the transportation system, GTC staff developed a process to assess the impacts of the transportation projects included in this TIP on minority, low-income, and limited English proficiency (LEP) populations. This section presents the results of this assessment.

Title VI prohibits discriminatory practices in programs and activities receiving federal funds. Title VI is an abbreviated way of referring to the requirements of the federal Civil Rights Act of 1964 and other legislation that direct the fair treatment and meaningful involvement of all people, including environmental justice considerations. Executive Orders 12898 and 13166 require federal agencies to make achieving environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority, low-income, and LEP populations.

There are three fundamental principles at the core of environmental justice:

  • To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority, low-income, and LEP populations;
  • To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process; and
  • To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority, low-income, or LEP populations.

As recipients of federal-aid dollars, MPOs such as GTC are required to identify and address the Title VI implications of their planning processes and investment decisions. GTC incorporates Title VI in all of its transportation planning activities, recognizing that such consideration improves both the planning and decision making processes and the results of these activities.

Title VI does not prescribe specific methods or processes for ensuring environmental justice in transportation planning. The analyses presented below represent GTC’s best efforts to determine whether the benefits and burdens of the transportation projects in this TIP are distributed equitably among minority, low-income, and LEP populations and non-minority, non-low-income, and non-LEP populations.
 

Analysis Methodology

It is recognized that transportation projects may have an impact beyond their immediate project limits. For this reason, geographic proximity analyses were used to determine how the location of the transportation projects in this TIP correlate to the location of minority, low-income, and LEP populations.

The data on minority, low-income, and LEP populations is derived from the 2013-2017 American Community Survey 5-year estimates. The data was analyzed at the census tract level, which is the smallest geographic area at which race, income, and language data are available. The percentages of these populations were calculated for each census tract within the TIP Region. Percentages were then compared to averages for the TIP Region as a whole, using the regional averages as thresholds for determining whether or not an individual census tract should be considered as having above average concentrations of minority, low-income, or LEP populations.

Using this methodology, the following thresholds were developed:

  • Above average concentration of minority population in households: 28.0% or more of the population in a census tract was from a minority group (i.e., non-white and/or Hispanic).
  • Above average concentration of low-income population: 17.3% or more of the population in a census tract was at or below the poverty level.
  • Above average concentration of LEP households: 3.0% or more of the households in a census tract reported their ability to speak English as “Not well” or “Not at all” (i.e., Limited English Proficiency).

The census tracts that exceeded the thresholds were identified in a Geographic Information System (GIS). The GIS was used to determine how many of the transportation projects in the TIP lie within or on the boundaries of these census tracts.

Projects located in Seneca and Yates counties are not included in this analysis as projects in these counties are programmed by NYSDOT-Region 3 and NYSDOT-Region 6, respectively.

Only those transportation projects with a specific location (i.e., “mapped” projects) were included in these analyses. For example, an intersection improvement project is specific to one location (mapped), while the purchase of new buses serves multiple transit routes over a large area (not mapped). The impacts of projects that are not mapped, including most of the public transportation and TSMO projects and programs, are generally spread over a county, several counties, or the region. There are 52 mapped project locations within EJ areas of concern with a total cost (federal share only) of approximately $167 million. 

Analysis Results

The census tracts flagged as having above average concentrations of minority population encompassed 57 percent of the region’s minority population. Of the 108 mapped project locations in this TIP, 29 (27 percent) are located in or on the boundary of these census tracts. These 29 project locations have a combined cost (federal share) of approximately $113 million, or 32 percent of the total.

The census tracts flagged as having above average concentrations of low-income population encompassed 58 percent of the region’s low-income population. Of the 108 mapped project locations in this TIP, 43 (40 percent) are located in or on the boundary of these census tracts. These 43 project locations have a combined cost (federal share) of approximately $147 million, or 42 percent of the total.

The census tracts flagged as having above average concentrations of LEP households encompassed 76 percent of the region’s LEP households. Of the 108 mapped project locations in this TIP, 38 (35 percent) are located in or adjacent to these census tracts. These 38 projects have a combined cost (federal share) of approximately $136 million, or 39 percent of the total.

Each mapped project located within or on the boundary of an environmental justice area of concern was evaluated as to its likely benefits and impacts on the minority, low-income, and LEP populations in the region. Projects were evaluated based on their effects on accessibility, mobility, congestion, safety, and recreational opportunities using the scale presented below.

The table below presents the results of the evaluation of benefits and impacts of the 89 mapped project locations in environmental justice areas included in the 2020-2023 TIP.

Table 6. - Project Impacts

Impact

Number of Project Locations:

Total Federal Share:

Significantly Negative:

0

$0

Moderately Negative:

0

$0

Marginally Negative:

0

$0

Neutral:

44

$137,652,346

Marginally Positive:

8

$29,683,890

Moderately Positive:

0

$0

Significantly Positive:

0

$0

Totals:

52

$167,336,236

 

The federal share figures shown in the table above are adjusted for inflation based on the years in which the projects are scheduled (FFYs 2020 - 2024), based upon estimates in current year (2019) dollars. 

The results suggest that minority, low-income, and LEP populations in the region should receive equitable shares of the benefits arising from the transportation projects in the 2020-2024 TIP while not being subjected to inequitable shares of any of the burdens.