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Morning Plenary:Transportation Equity

Roundtable

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Transportation Equity Issues in Major Metros – in Three Acts

http://photos1.blogger.com/x/blogger2/1963/5667965160961/760/z/841619/gse_multipart72497.jpg

West Oakland

Act 1 - Segregation


West Oakland

Downtown Oakland

North Oakland

Grove Street

Cypress Freeway

Port of Oakland

S.R. 24

7th StreetWest Oakland BART Station

I-980

Act 2 - White Flight, Planned Divestment, Lending Discrimination, Urban Renewal and Freeway Construction

Act 3 – White/Middle Class Re-urbanization, Gentrification, Displacement

http://oaklandlocal.com/2013/11/west-oakland-ambitious-development-projects-in-the-works-community-voices/

Key Dimensions of Equity

• Representation / Participation in Planning• Benefits• Burdens

Legal and Procedural Responses

Title VI Lineage Executive Order 12898 (EJ Order) LineageTitle VI of the Civil Rights Act (1964), 42 U.S.C. 2000(d) et seq.

Executive Order 12898 (1994): Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations .

USDOT (1970) Nondiscrimination in Federally-Assisted Programs of The Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964. (49 CFR Part 21.)

USDOT (1997) Order 5610.2 Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.

FTA (1998) Circular 4702.1 Title VI and Title VI Dependent Guidelines for Federal Transit Administration Recipients.

FHWA (1998) Order 6640.23 FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations .

FTA and FHWA (1999) Memorandum on Implementing Title VI Requirements in Metropolitan and Statewide Planning.

USDOT (2012) Order 5610.2(a) Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.

FTA (2007) Circular 4702.1(a) Title VI and Title-VI Dependent Guidelines for Federal Transit Administration Recipients.

FHWA (2012) Order 6640.23(a) FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.

FTA (2012) Circular 4702.1(b) Title VI Program Guidelines for Federal Transit Administration Recipients.

FTA (2012) Circular 4703.1 Environmental Justice Policy Guidance for Federal Transit Administration Recipients.

• Title VI of the Civil Rights Act (1964)• “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.”

• DOT Order 5610.2 (2012) (Based on EJ Order)• “Adverse effects means the totality of significant individual or cumulative human

health or environmental effects, including … exclusion or separation of minority or low-income individuals within a given community or from the broader community; and the denial of, reduction in, or significant delay in the receipt of, benefits of DOT programs, policies, or activities.” (Appendix 1)

Broad Guidance

• DOT (1970): • Where prior discriminatory practice … tends … to deny them the benefits of … any

program or activity to which this part applies, the applicant or recipient must take affirmative action to remove or overcome the effects of the prior discriminatory practice or usage.

• Even in the absence of prior discriminatory practice or usage, a recipient … is expected to take affirmative action to assure that no person is excluded from participation in or denied the benefits of the program or activity on the grounds of race, color, or national origin” (Sec. 21.3(b)(7)).

• FTA EJ Circular (2012): • Explore whether “equivalent levels” of access to key destinations are provided for

EJ and non-EJ populations (pp. 18 and 38-39). • FHWA and FTA (1999):

• Does the planning process have an analytical process in place for assessing the regional benefits and burdens of transportation system investments for different socio-economic groups?

• How does the planning process respond to the analyses produced? Imbalances identified?

Broad Guidance (2)


http://www.wsws.org/en/media/photos/legacy/2009dec/d23-mta-sign-480

Even with federal guidance, solutions are complex

http://www.wsws.org/en/media/photos/legacy/2009dec/d23-mta-sign-480

Panel Introductions

Jared FranzOPAL Environmental Justice Oregon



Richard MarcantonioPublic Advocates

Alexandra HowardCity of Portland

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