MEMORANDUM
DATE May 2, 2013
TO Boston Region Metropolitan Planning
FROM Karl H. Quackenbush
CTPS Executive Director
RE Work Program for: MBTA 2014 Triennial Title VI Report
Review and approval
Proposed Motion
That the Boston Region Metropolitan Planning Organization, upon the recommendation of the MBTA, vote to approve the work program for MBTA 2014 Triennial Title VI Report in the form of the draft dated May 2, 2013.
Project Identification
Unified Planning Work Program Classification
Technical Support/Operations Analysis
CTPS Project Number
11388
Client
Massachusetts Bay Transportation Authority
Project Supervisor: Joseph Cosgrove
Principal: Elizabeth Moore
Manager: Annette Demchur
Future MBTA contract
The MPO staff has sufficient resources to complete this work in a capable and timely manner. By undertaking this work, the MPO staff will neither delay the completion of nor reduce the quality of other work in the UPWP.
Every three years, the Massachusetts Bay Transportation Authority (MBTA) is required to submit a report to the Federal Transit Administration (FTA) Office of Civil Rights detailing the MBTA’s efforts to comply with Title VI of the Civil Rights Act of 1964. The purpose of this Title VI report is to ensure that, as a recipient of federal funds, the MBTA provides a comparable level and quality of transportation services to all customers without regard to race, color, or national origin. The requirements for demonstrating compliance with Title VI are outlined in FTA Circular 4702.1B.
The most recent triennial Title VI report was provided by the MBTA to the FTA in 2011. In the years when the MBTA does not submit a triennial report, the FTA requires the Authority to complete annual Title VI monitoring and internal reporting to identify and address problems early and to ensure ongoing Title VI compliance. Under the MBTA’s monitoring schedule, data collection and analysis are completed annually for some service indicators, and every two or three years for others. When possible, the results of biennial monitoring are folded into subsequent triennial Title VI reports for the FTA. The most recent triennial report outlined an ongoing process of Title VI data collection and analysis; documented the results of current assessments of compliance; and indicated responsive action that would be taken with respect to Title VI concerns in the interim years before the 2014 report.
CTPS has performed data collection and analysis for MBTA Title VI reporting since the 1980s and has been responsible for producing the MBTA’s 2005, 2008, and 2011 Title VI triennial reports for submittal to the FTA. CTPS has also completed annual internal reports for the MBTA since 2005 and quarterly reports for the FTA, as required. This work program represents a continuation of CTPS’s involvement in the MBTA’s Title VI monitoring efforts. It outlines the monitoring that will be completed for both the 2014 triennial Title VI Report and the 2013 annual monitoring, which will provide some of the data for the analyses that will be reported in the triennial report.
The primary objective of this study is to produce a report that meets all of the requirements set forth in FTA Circular 4702.1B so that the FTA can make a determination about the MBTA’s compliance with Title VI regulations. To do so, CTPS will work closely with the MBTA to collect and analyze transit service data as they relate to minority populations within the MBTA’s service area. CTPS will provide ongoing technical support to the MBTA’s Title VI Working Group and will produce a final report for submittal to the FTA by June 1, 2014. This report will address all of the general reporting requirements (for which most of the documentation will be provided by the MBTA), as well as the required program-specific elements, which will be evaluated in the context of this work program, and will include:
In addition to the general reporting requirements, FTA Title VI Circular 4702.1B, dated October 1, 2012, sets forth a specific set of reporting requirements for transit providers who operate 50 or more fixed-route vehicles in peak service and that are located in an Urbanized Area (UZA) with a population of 200,000 or greater. As one of these transit providers, the MBTA is therefore required to collect and report data through a series of demographic and service profile maps and charts, monitor and report transit service through comparative analysis based on the MBTA’s systemwide service standards and service policies, and evaluate major service and fare changes with regard to equity.
The production of demographic and service profile maps and charts relies heavily on up-to-date data coverages of MBTA transit routes and amenities in the geographic information system (GIS) database maintained by CTPS. These coverages, which have been updated using 2010 census data, allow CTPS to designate transit routes as serving, and transit amenities as being located in, predominantly minority areas.
Data needed for the comparative analysis of transit service is collected according to the MBTA level-of-service monitoring schedule. Certain indicators are monitored annually, while others are monitored every two or three years. The analyses conducted for the 2014 triennial Title VI report will utilize the most recent data available for each of the indicators.
The MBTA is currently in the process of developing policies and procedures for determining the existence of disparate impacts and disproportionate burdens in relation to service and fare changes. Once these policies go into effect, all major service and fare change proposals will need to follow these procedures in order to be consistent with the reporting requirements in the MBTA 2014 Triennial Title VI Report.
The following maps, overlays, and summary statistics will be produced for the MBTA service area by census tract using demographic data from the 2010 census databases. In addition, narrative explanations of the maps will be provided. This task will consist of the following steps:
Base maps, demographic maps, and all required map overlays, as well as summary statistics and written descriptions and interpretations of the maps and overlays
Most of the level-of-service analyses associated with Title VI reporting rely on up-to-date data coverages of MBTA transit routes and amenities in the GIS database maintained by CTPS. These coverages allow CTPS to designate amenities as being located in, and routes as serving, predominantly minority or nonminority areas according to FTA Title VI guidelines.
For the level-of-service analysis, CTPS will first document the MBTA’s standards and policies for the service indicators specified in the Title VI Circular. CTPS will use existing documentation when available and will work with the applicable MBTA departments to document additional standards and policies as necessary.
For each of the service indicators specified in the Title VI Circular, CTPS will either directly collect the data required for performing the required level-of-service analyses described in Subtask 2.3 below or will work with the applicable MBTA departments to obtain the necessary data. Data collection activities not described here will be completed by the MBTA departments specified, and the results will be provided to CTPS for inclusion in the final triennial report.
For each of the service indicators specified in the Title VI Circular, CTPS will use the data discussed in Subtask 2.2 to assess the performance of all services by applying the service standards and policies documented in Subtask 2.1 and to compare the performance of the services provided to predominantly minority areas with the performance of services provided to nonminority areas. If, based on these monitoring activities, it is found that a service does not meet the established service standards or policies, CTPS will work with the MBTA to analyze why the discrepancy exists and will develop steps that can be taken to reduce the potential discrepancy. In addition, if a disparate impact is found to exist on the basis of race, color, or national origin, CTPS will work with the MBTA to determine why the disparity exists and will assist in developing corrective actions to remedy the disparity to the greatest extent possible. A discussion of any corrective actions will be documented in the final report.
Summaries from the MBTA’s service standards and policies, maps displaying the distribution of transit amenities and transit accessibility, tables and charts displaying collected data and results from level-of-service analysis, and written descriptions of all procedures and findings.
CTPS conducted a service and fare equity (SAFE) analysis for the MBTA’s service reductions and fare increases that were implemented in July 2012 (MBTA 2012 Review of Fare Structure, Tariffs, and Service) and is currently working with the MBTA under a separate work program to analyze possible service and fare changes that may be necessary in the near future (MBTA 2013 Review of Fare Structure, Tariffs, and Service). The results of the 2012 SAFE analysis, as well as any future SAFE analysis that may be completed before submittal of the MBTA’s 2014 Triennial Title VI, will be documented in the triennial report.
At the time of the 2012 SAFE analysis, the MBTA had not adopted an official policy on the definitions of disparate impact and disproportionate burden that were reviewed by the public and approved by the MBTA’s Board of Directors. Therefore, unofficial definitions, which assumed that any statistically significant difference between the impact on minority areas or riders and nonminority areas or riders represented a disparate impact, were used. Likewise, any statistically significant difference between the impact on low-income areas or riders and non-low-income areas or riders represented a disproportionate burden.
Documentation of the 2012 SAFE analysis and any additional SAFE analyses that may be performed before completion of the work outlined in this work program will be included in the MBTA’s 2014 Triennial Title VI Report.
Should findings of a new SAFE analysis indicate that a disparate impact or disproportionate burden exist, CTPS will follow the same procedure that was used for the 2012 SAFE analysis; it will aid the MBTA in modifying the proposed changes in order to avoid, minimize, or mitigate the impacts and/or burdens. If it is found that no alternatives would have less of a disparate impact on minorities or less of a disproportionate burden on low-income populations, CTPS will work with the MBTA to document substantial legitimate justification for the changes, and analysis that shows there are no alternatives that would have less of a disparate impact or disproportionate burden while accomplishing the MBTA’s legitimate program goals.
In addition to the program-specific data collection and analysis requirements outlined above, the Title VI Circular also includes a number of general reporting requirements that are completed by departments within the MBTA. These include, for example, public notification of protection under Title VI, Title VI complaint procedures and forms, a policy for providing access for limited-English-speaking populations based on the US Department of Transportation’s limited-English-Proficiency (LEP) guidance inclusive public-participation processes, a breakdown of minority representation on planning and advisory bodies, and equity analyses of the locations of any proposed transit facilities. The MBTA will provide CTPS with all of the documentation related to these general reporting requirements.
Documentation of other general reporting requirements
CTPS will participate as a member in the MBTA’s Title VI Working Group in a technical-support role throughout development of the triennial Title VI 2014 report. CTPS will circulate draft sections of the triennial Title VI report for review and comment by the Working Group as they become available. A draft document will be provided in electronic form by February 1, 2014 for a two-week internal review.
In addition to providing general technical support to the MBTA in developing the triennial Title VI report, CTPS will assist the MBTA in developing policies and procedures for measuring and evaluating disparate impacts on minority populations and disproportionate burdens on low-income populations for equity analyses conducted for proposed major service changes and fare changes. While developing these policies, CTPS will assist the MBTA in the identification of disparate impact and disproportionate burden thresholds for use in future service and fare equity analyses.
The disparate impact and disproportionate burden policies must be developed with public engagement, and the MassDOT Board of Directors must approve them. In this task, CTPS will document the MBTA’s disparate impact and disproportionate burden policies, procedures, and thresholds, along with the public engagement process that will have been used to set these policies, for inclusion in the triennial Title VI Report. CTPS will also include a copy of the board meeting minutes and any supporting documentation that demonstrates the board’s consideration, awareness, and approval of the policies.
Products of Task 5
Documentation of the MBTA’s policies, procedures, and thresholds related to the measurement of disparate impacts and disproportionate burdens; the public engagement process used in developing these policies; and the board meeting minutes that demonstrate the board’s consideration, awareness, and approval of the policies
In addition to the summary statistics, maps, and documentation produced in Tasks 1–3, CTPS will assemble and format all documentation provided by individual MBTA departments to produce the MBTA’ s triennial Title VI report to the FTA, which is due June 1, 2014. CTPS will provide 20 print copies of the report by March 1, 2014, for review by the MassDOT Board of Directors prior to submittal of the final report to the FTA. CTPS will produce the final report in a format that is accessible to people with disabilities and acceptable to the FTA, including a cover with a graphical design and graphical presentations of materials contained in the report, as appropriate. Subsequent to this submission, CTPS will provide follow-up assistance to MBTA staff to respond to issues raised by the FTA in its review of the MBTA’s 2014 Title VI program.
MBTA 2014 Triennial Title VI Report for the FTA in an electronic format and 20 print copies
CTPS staff will provide ongoing technical assistance to the MBTA to address Title VI issues as necessary.
Technical support provided to the MBTA as necessary.
It is estimated that this project will be completed 12 months after work commences. The proposed schedule, by task, is shown in Exhibit 1.
The total cost of this project is estimated to be $135,270. This includes the cost of 59.9 person-weeks of staff time, overhead at the rate of 96.58 percent, and travel. A detailed breakdown of estimated costs is presented in Exhibit 2.
KQ/NAH/AD/ad
Task |
Month | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | |
1.
Produce Demographic Maps and Charts |
From month 1.5 to 3.
| ||||||||||||
2.
Monitor the Level of Service |
From month 1 to 8.
| ||||||||||||
3.
Document Service and Fare Equity Analyses |
From month 5.5 to 7.5.
| ||||||||||||
4.
Document Other General Reporting Requirements |
From month 2 to 5.
| ||||||||||||
5.
Provide Technical Support to the Title VI Working Group |
From month 1 to 8.
| ||||||||||||
6.
Assemble the 2014 Triennial Title VI Report |
From month 8 to 10.
| ||||||||||||
7.
Provide Ongoing Technical Support to the MBTA |
From month 8 to 14.
|
Task |
Person-Weeks | Direct Salary |
Overhead (96.58%) |
Total Cost |
||||||
---|---|---|---|---|---|---|---|---|---|---|
M-1 | P-5 | P-4 | P-3 | P-2 | Temp | Total | ||||
1.
Produce Demographic Maps and Charts
|
0.7 | 2.5 | 0.4 | 1.6 | 0.0 | 0.0 | 5.2 | $7,561 | $7,302 | $14,863 |
2.
Monitor the Level of Service
|
2.3 | 2.0 | 3.0 | 8.0 | 0.0 | 13.0 | 28.3 | $25,703 | $24,824 | $50,527 |
3.
Document Service and Fare Equity Analyses
|
0.7 | 0.0 | 0.0 | 0.5 | 0.0 | 0.0 | 1.2 | $1,710 | $1,651 | $3,361 |
4.
Document Other General Reporting Requirements
|
1.1 | 0.0 | 0.0 | 1.0 | 0.0 | 0.0 | 2.1 | $2,911 | $2,812 | $5,723 |
5.
Provide Technical Support to the Title VI Working Group
|
2.2 | 0.0 | 0.0 | 2.5 | 0.0 | 0.0 | 4.7 | $6,346 | $6,129 | $12,475 |
6.
Assemble the 2014 Triennial Title VI Report
|
6.6 | 0.0 | 0.4 | 3.0 | 4.2 | 0.0 | 14.2 | $18,504 | $17,871 | $36,376 |
7.
Provide Ongoing Technical Support to the MBTA
|
2.2 | 0.0 | 0.0 | 2.0 | 0.0 | 0.0 | 4.2 | $5,822 | $5,623 | $11,445 |
Total
|
15.8 | 4.5 | 3.8 | 18.6 | 4.2 | 13.0 | 59.9 | $68,557 | $66,213 | $134,770 |