Environmental Justice and Toll Roads

by Kristen Carney on Mar 03, 2010

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The presentation will include current guidance for TxDOT projects and state of the practice and research implications....

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The presentation will include current guidance for TxDOT projects and state of the practice and research implications.

Speakers:

Sarah Stroman - Currently serving as Community Impacts Specialist in TxDOTs Environmental Affairs Division and Project Director for TxDOT Research Project, 0-6544, Appraisal of Available Analytical Tools to Assess Environmental Justice Impacts of Toll Road Projects. Sarah also served as a member of the Project Monitoring Committee for TxDOT Research Project 0-5208, Identifying, Measuring and Mitigating Environmental Justice Impacts of Toll Roads.

Brandy Huston - Member of the Programs Management Section in TxDOTs Environmental Affairs Division. Brandy has also served as an Environmental Specialist in TxDOTs Bryan District and has worked with FHWA to develop Joint Guidance for Project and Network Level Environmental Justice, Regional Network Land Use and Air Quality Analyses for Toll Roads.

Jolanda Prozzi- Assistant Director of Freight, Economics, and the Environment at the Center for Transportation Research at the University Texas at Austin and is the Research Supervisor for TxDOT Research Project, 0-6544, Appraisal of Available Analytical Tools to Assess Environmental Justice Impacts of Toll Road Projects. Jolanda also managed the large team of staff and research assistants that delivered TxDOT Research Project 0-5208 and provided technical guidance, liaised with TxDOT, conceptualized and reviewed all project deliverables, and made numerous presentations of the work in both conference and academic settings.

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Environmental Justice and Toll Roads — Presentation Transcript

Title VI, Environmental Justice, and Texas Toll Roads

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 Framework for Environmental Justice

Title VI of the Civil Rights Act of 1964

National Environmental Policy Act of 1969

Civil Rights Restoration Act of 1987

Executive Order 12898

DOT Order 5610.2

DOT Order 6640.23

FHWA’s Fundamental 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 Framework

Is an EJ Population Present?

Adequate public involvement efforts?

Disproportionately high and adverse impacts?

Avoidance and mitigation considered?

Equal treatment/benefits?

Disparate Treatment/Impact Under Title VI

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

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

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

Factors for Consideration in Assessing Impacts to EJ Communities

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

Factors for Consideration in Assessing Impacts to EJ Communities

Limited or poor access to basic amenities/services such as health care, food markets, recreational facilities, etc.

Close proximity to noxious land uses and pollution sources.

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

Tolling As An Impact

Prima facie

User impact

Pricing strategies

Traffic diversion

Difference in travel time

Collection Methodology

Revenue use

Current Guidance

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

April 23, 2009

Incorporates

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

FHWA comments/recommendations

Current practices

Projects and Networks

Major Elements of Analysis

Users and Options

Accessibility, Policies and Collection Methods

Economic Analysis

Flexibility

Many ways to address major elements

Variability in available information and model capabilities

Open to new ideas and suggestions

Coordination is key

Environmental Justice and Toll Roads

by Kristen Carney on Mar 03, 2010

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Environmental Justice and Toll Roads — Presentation Transcript