Environmental Justice and Toll Roads

Title VI, Environmental Title VI, Environmental Justice, and Texas Toll Justice, and Texas Toll

RoadsRoads

When you go beyond a relatively simple though serious problem such as police racism… you begin to get into all the complexities of the modern American economy. Urban transit systems in most American cities, for example, have become genuine civil rights issues—and a valid one—because the layout of rapid-transit systems determines the accessibility of jobs to the black community. If transportation systems in American cities could be laid out so as to provide an opportunity for poor people to get meaningful employment, then they could begin to move into the mainstream of American life.

Martin Luther King, Jr.

Legal and Policy Legal and Policy Framework for Environmental Framework for Environmental

JusticeJustice

Title VI of the Civil Rights Act of 1964Title VI of the Civil Rights Act of 1964 National Environmental Policy Act of National Environmental Policy Act of

19691969 Civil Rights Restoration Act of 1987Civil Rights Restoration Act of 1987 Executive Order 12898Executive Order 12898 DOT Order 5610.2DOT Order 5610.2 DOT Order 6640.23DOT Order 6640.23

FHWA’s Fundamental FHWA’s Fundamental Principles Principles

There are three fundamental environmental justice principles:

To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations.

To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.

To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.

Simple EJ Analytical FrameworkSimple EJ Analytical Framework

Is an EJ Population Present?Is an EJ Population Present? Adequate public involvement Adequate public involvement

efforts?efforts? Disproportionately high and Disproportionately high and

adverse impacts?adverse impacts? Avoidance and mitigation Avoidance and mitigation

considered?considered? Equal treatment/benefits?Equal treatment/benefits?

Disparate Treatment/Impact Disparate Treatment/Impact Under Title VIUnder Title VI

Disparate Treatment/Intentional Disparate Treatment/Intentional DiscriminationDiscrimination: Claims allege that similarly : Claims allege that similarly situated persons are treated differently situated persons are treated differently because of their, race, color, national origin, because of their, race, color, national origin, sex, disability or national origin.sex, disability or national origin.

Disparate Impact or Effects Disparate Impact or Effects Discrimination:Discrimination: Occurs when a recipient Occurs when a recipient uses a facially neutral procedure, activity, uses a facially neutral procedure, activity, practice, criteria, etc. that has a practice, criteria, etc. that has a disproportionate impact on a protected disproportionate impact on a protected group.group.

U.S. Dept. of Justice Title VI Legal Manual (January 2001)U.S. Dept. of Justice Title VI Legal Manual (January 2001)

Factors for Consideration in Factors for Consideration in Assessing Impacts to EJ Assessing Impacts to EJ

CommunitiesCommunities

Low-income and minority Low-income and minority communities typically communities typically start with start with more adverse baseline conditionsmore adverse baseline conditions. . Such existing conditions must be Such existing conditions must be identified and evaluated along with identified and evaluated along with expected project-related effects expected project-related effects when analyzing adverse effects.when analyzing adverse effects.

Factors for Consideration in Factors for Consideration in Assessing Impacts to EJ Assessing Impacts to EJ

CommunitiesCommunities Limited or poor access to basic Limited or poor access to basic

amenities/services such as health care, amenities/services such as health care, food markets, recreational facilities, etc.food markets, recreational facilities, etc.

Close proximity to noxious land uses and Close proximity to noxious land uses and pollution sources.pollution sources.

Infrastructure ConditionsInfrastructure Conditions: : historic historic allocation of resources has resulted in allocation of resources has resulted in inadequate infrastructure development inadequate infrastructure development and maintenance. Often overburdened or and maintenance. Often overburdened or aged.aged.

Tolling As An ImpactTolling As An Impact

Prima facie Prima facie User impactUser impact Pricing strategiesPricing strategies Traffic diversionTraffic diversion Difference in travel timeDifference in travel time Collection MethodologyCollection Methodology Revenue useRevenue use

Current GuidanceCurrent Guidance

FHWA and TxDOT Joint Guidance for FHWA and TxDOT Joint Guidance for Project and Network Level Project and Network Level Environmental Justice, Regional Environmental Justice, Regional Network Land Use, and Air Quality Network Land Use, and Air Quality Analyses for Toll RoadsAnalyses for Toll Roads April 23, 2009April 23, 2009 Incorporates Incorporates

““Guidance on Environmental Justice for Toll Guidance on Environmental Justice for Toll Roads” (March 2005)Roads” (March 2005)

FHWA comments/recommendationsFHWA comments/recommendations Current practicesCurrent practices

Projects and NetworksProjects and Networks

Major Elements of AnalysisMajor Elements of Analysis

Users and OptionsUsers and Options Accessibility, Policies and Collection Accessibility, Policies and Collection

MethodsMethods Economic AnalysisEconomic Analysis

FlexibilityFlexibility

Many ways to address major Many ways to address major elementselements

Variability in available information Variability in available information and model capabilitiesand model capabilities

Open to new ideas and suggestionsOpen to new ideas and suggestions Coordination is keyCoordination is key