environmental justice: implications for the baltimore red line transit project by tracee...
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National Environmental Justice Conference and Training Program Presentation, March 27, 2014TRANSCRIPT
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ENVIRONMENTAL JUSTICE: IMPLICATIONS FOR
THE BALTIMORE RED LINE TRANSIT PROJECT
Presented by: Tracee Strum-Gilliam, AICP
National Environmental Justice Conference
March 27, 2014
Washington, DC
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Trace Strum-Gilliam, AICPNational Environmental Justice Practice Lead
Parsons Brinckerhoff
18 Years Experience
LA Congestion Pricing Plan
Corridor Cities Transitway
Baltimore Red Line Transit Study
I-270 / US 15 Multi-Modal Corridor Study
NEPA Practitioner
Environmental Justice Analysis and Outreach Specialist
Member TRB Committee on Environmental Justice
Member TRB Sub-Committee on Community Impact Assessment
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Environmental Justice Service Offerings
EJ methodology development
EJ population identification and impact analysis
Benefits and Burden Analysis
Strategic Outreach Services and Public Involvement Program Development
Title VI compliance review and documentation
Grassroots Outreach and Facilitation
Peer Reviews and QA/QC
Training
Policy Review
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What is Environmental Justice?
Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including racial, ethnic, or socio-economic groups, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. (USEPA)
Source: Final Guidance for Incorporating Environmental Justice Concerns in EPAs NEPA Compliance Analyses (EPA, 1998a)
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Executive Order 12898
Issued by President Clinton on February 11, 1994 Federal Actions to Address Environmental Justice in Minority and Low-Income Populations (EO 12898) directs federal agencies to:
Promote nondiscrimination in Federal programs substantially affecting human health and the environment, and provide minority and low-income communities access to public information on, and an opportunity for public participation in, matters relating to human health or the environment.
Agencies use existing law to ensure that when they act:
They do not discriminate on the basis of race, color, or national origin
They identify and address disproportionately high and adverse human health or environmental effects of their actions on minority and low-income communities
They provide opportunities for community input in the National Environmental Policy Act (NEPA) process (potential effects and mitigation)
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EJ and Projects/Policies
The fundamental principles of environmental justice in
the context of infrastructure projects are defined as:
Avoiding, minimizing, or mitigating disproportionately high and
adverse human health and environmental effects, including social and
economic effects, on minority populations and low-income populations;
Ensuring full and fair participation by all potentially affected
communities in the decision-making process; and
Preventing the denial of, reduction in or significant delay in the
receipt of benefits by minority and low-income populations.
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EJ Populations Definitions
Low-Income a person whose household income is at or below the Department of Health and Human Services poverty guidelines.
Minority a person who is Black, Hispanic, Asian American, American Indian, or Alaskan Native
Low-Income Population any readily identifiable group of low-income persons who live in geographic proximity
Minority Population any readily identifiable group of minority persons who live in geographic proximity
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Renewed Focus
MOU on Environmental Justice signed by all lead
Federal agencies on August 4, 2011
Department of Transportation Updated Environmental
Justice Order 5610.2(a) May 2012 Actions to Address
Environmental Justice in Minority Populations and Low-
Income Populations
FTA Title VI Circular 4702.1B and EJ Circular 4703.1
EPAs Plan EJ 2014 and its supplement Advancing
Environmental Justice Through Title VI of the Civil Rights
Act
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As Applied to Transit Projects
Develop EJ methodology and review available EJ plans for agency
EJ population identification (Census 2010 data and ACS estimates) by County and by Tract, Block Group or Block for areas as appropriate
Dont forget transit dependent populations, elderly, children, service zones, minority transit routes and Limited English Proficient (LEP) populations
Prepare Socio-Economic Descriptions of the corridor service areas and general service areas-information should be readily available
Complete a high level EJ impact analysis and disproportionate impact determination for potential affects-routes, pricing in addition to par for the course areas
Analyze Outreach and Public Involvement Program Integration to date for the project and major agency programs
Synthesize data and results into a written report
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Title VI Nuances
Under Title VI, each Federal agency is required to ensure that no
person, on the ground of race, color, or national origin, is excluded
from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal
financial assistance.
Title VI Reporting (monthly, quarterly etc.)
Title VI Claims (Investigation of complaints)
Allocation of funds for projects and agencies as a whole
Project Prioritization
Fare Increases/Service Changes (equity analysis)
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Title VI Nuances
Public Participation Plan (entire agency not just a project)
LEP Plan
Does not apply to UDOT
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Public Outreach and Engagement
People are to be informed of federal actions and the potential environmental impacts, and are to be given the opportunity to influence federal agency decisions. Environmental justice places an additional requirement in the NEPA to go above and beyond the typical public processes to encourage the involvement of low income and minority communities, including Indian tribes, in these processes.
Tools review database list
Contact groups and inquire as to participation and awareness
Geo-code location of meetings and events to the location of EJ populations
Analyze outreach strategies used
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Recipe For Successful Outreach
Provides Opportunity for Two-Way Communication
Embraced by the Community
Visually Engaging
Credible and Fair
Financially Feasible
On Schedule
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Stakeholder Identification Ensures The Inclusion
Of All Affected Parties
Agency and Elected Officials Local/State Agencies Federal Agencies Commissioner, State Representatives, Mayors
Businesses Ethnic Chambers of Commerce Institutions of Higher Learning, Medical Facilities
Neighborhood Groups HOAs Community & Civic Organizations and Advocacy Groups LEP Populations Pro-transit and sustainability organizations
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Focused Outreach Facilitates Consensus
Agency/Elected Officials Bus Tours/Walking Tours
Briefings/Briefing Packages
Working Groups (if needed)
Businesses Small Group Meetings
Surveys
Local Residents Small Group Meetings
Surveys/Interviews
Information Stations
School Age Education Programs
Outreach to Religious Centers/Social Service Organizations
Outreach to Senior Centers and Care Providers
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Baltimore Red Line A Grassroots Outreach
Approach
Grassroots Outreach Strategies
Walking Tours
Door-to-Door Outreach
Transit Center Outreach
Transit Card Stations and Offices
Programs for Seniors and LEP
Populations
Press Kits/Newsletters
Material Development
Pens, Shirts, Sticker, Bags
Branding
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The Red Line Corridor Transit Study Engaged Minority
& Low-Income Neighborhoods
Impacted Several Minority and Low-income Neighborhoods
Opposition was at a boiling point
Strategic Recommendations included: Walk Through Visualization Simulations Small Group Meeting (Perceived Impacts vs.
Actual Concerns)
Locally Preferred Alternative was Selected in August 2009
Preferred Alternative Assessed in 2012 FEIS
Community Compact
Community Liaisons and Advisory Committees
Competing for Federal Funding with FullSupport from Community and Elected Officials
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The Red Line Corridor Transit Study Engaged Minority
& Low-Income Neighborhoods
Methodology Developed centered around mile buffer area, use of Census 2010 data, baseline CEQ methodology note: FTA circular does not adopt CEQ methodology
Analysis of impacts by subject area
Field review and documentation
Strategic Public Involvement Plan (submitted for FTA)
Legal analysis
FTA review process
Lessons Learned
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Sources
Executive Order 12898 (Clinton, 1994a)
PBS NEPA Desk Guide (EPA, 1999) Interim Guidance for Investigating Title VI Administrative Complaints
Final Guidance for Incorporating Environmental Justice Concerns in EPAs NEPA Compliance Analyses (EPA, 1998a)
The Model Plan for Public Participation (National Environmental Justice Advisory Council, 2000)
Environmental Justice, Guidance Under the National Environmental Policy Act (Council on Environmental Quality, 1997)
FTA website www.fta.dot.gov
EPA website www.epa.gov/environmentaljustice/