SUBJECT:
title
Approval of a resolution adopting the Revised Title VI Policies and approving the Title VI Service Monitoring Results, and approval of submission of the Triennial Title VI Program Update to the Federal Transit Administration.
end
FISCAL IMPACT:
This action has no fiscal impact.
STRATEGIC PLAN:
Strategic Goal Alignment:
☒ 1. Customer ☒ 2. Community
☐ 3. Workforce ☒ 4. Organizational Effectiveness
Strategic Objectives:
☐ 1.1 Safe & Reliable Service ☒1.2 High Quality Customer Experience ☐ 1.3 Accessible System
☐ 2.1 Support Sustainable Regional Growth ☐ 2.2 Become a Carbon Neutral Agency
☐ 2.3 Responsive to Community and Customer Needs ☐ 2.4 Regional Leader in Transit Planning
☐ 3.1 Diversity of Staff ☐ 3.2 Employer of Choice ☐ 3.3 Expand Highly Skilled Workforce
☐ 4.1 Fiscally Responsible and Transparent ☐ 4.2 Culture of Safety ☐ 4.3 State of Good Repair
EXPLANATION OF STRATEGIC ALIGNMENT: A Title VI program that complies with federal regulations is required for receiving federal funds. In general, Tile VI policies and procedures are in place to monitor and ensure equitable CapMetro transit services. The proposed policy changes are consistent with peer benchmarking and state of practice. The service monitoring is conducted based on the guidance provided in FTA Circular 4702.1B to identify if there are any disproportionate impacts on services to minority routes. The policy and other updates are designed to meet CapMetro’s Strategic Plan goals.
BUSINESS CASE: Federal regulations require Transit Providers that operate 50 or more fixed route vehicles in peak service and are located in a UZA of 200,000 or more in population to review and approve a Title VI Program every three years, including monitoring services, Language Assistance planning, and any changes to the Title VI policies.
COMMITTEE RECOMMENDATION: This item will be presented to the full board on May 20, 2024.
EXECUTIVE SUMMARY: Title VI prohibits recipients of Federal financial assistance, such as CapMetro, from discriminating on the basis of race, color, or national origin in their programs or activities, and it obligates Federal funding agencies to enforce compliance. FTA regulations establish a program and process to ensure and measure compliance with Title VI of the law.
2024 Title VI Program Update
The FTA requires that all direct and primary recipients document their compliance with the Department of Transportation’s Title VI regulations by submitting a Title VI Program to their FTA regional civil rights officer once every three years or as otherwise directed by FTA. The FTA Circular 4702.1B, as implemented on October 1, 2012, also requires that the Title VI Program be approved by the recipient’s board of directors or appropriate governing entity or officials responsible for policy decisions prior to submission to FTA.
Title VI Policy Revision
The Circular requires that the Title VI policy update be approved by the board and done only during the triennial Title VI Program submission. Staff developed and presented proposed changes to these policies to the board at the April 10, 2024 Public Hearing and at several community meetings. Based on analysis and feedback from the public input process, staff recommends the following changes to Title VI Policies:
1. Clarify that, where feasible, demographic analysis should be based on current on-board survey data rather than Census data; and,
2. Update the analysis to include the service area average as the baseline for determining potential adverse impacts.
Title VI Service Monitoring Report
To ensure equity in fixed route services, FTA requires recipients that meet the above-mentioned thresholds to monitor the performance of fixed route services related to their system-wide service standards and policies at least once every three years. This monitoring compares performance of minority routes to non-minority routes for service standards and policies. These are: Vehicle Load, Vehicle Frequency, On-Time Performance (OTP), Service Availability, Transit Amenities, Vehicle Assignments.
Results of the service monitoring analysis were varied. No disparate impacts were identified for vehicle load, on time performance, and service availability. Within certain service types, disparate impacts were identified for vehicle frequency, vehicle assignments, and amenity distribution analyses. CapMetro is actively working to improve underlying issues that contributed to the disparate impacts.
Language Assistance Plan Update
CapMetro updated its Language Assistance Plan (LAP) for persons with Limited English Proficiency (LEP) in accordance with the requirements. It has conducted a four- factor analysis using the census data and various surveys as required by the Circular to provide meaningful access to LEP persons for CapMetro services. The LAP identifies the languages that meet the threshold for translation, identifies the vital documents that need to be translated and provides the recommendations for short-term and long-term implementation.
Currently, CapMetro translates documents to Spanish, with nine additional language translations available upon request (Vietnamese, Chinese (Mandarin), Korean, Arabic, Telugu, Punjabi, Burmese, French, and Pashto). The CapMetro website was updated to include a language selection option at the bottom of the website.
Several early action items have been identified as improvements to our LAP, such as making translation availability more prominent and clearer on websites, digital materials, and printed materials, and phone applications.
Various long-term action items have also been identified, such as updating the CapMetro apps to include more languages, updating at-stop and on-board hardware to include Spanish and pictographs where necessary, and translation of audible announcements into more languages.
The Title VI Program is required to be submitted to FTA by June 1, 2024, when the existing Title VI approval for Capital Metro will expire.
DBE/SBE PARTICIPATION: Does not apply.
PROCUREMENT: Does not apply.
RESPONSIBLE DEPARTMENT: Diversity and Compliance
RESOLUTION
OF THE
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS
AI-2024-1163
WHEREAS, Capital Metropolitan Transportation Authority (CapMetro) is the recipient of Federal transit funds; and
WHEREAS, 49 CFR Section 21.9(b) requires CapMetro to have a Title VI Program; and
WHEREAS, the CapMetro Board of Directors is required to have board adopted Major Service Change, Disparate Impact and Disproportionate Burden polices under Federal Transit Administration (FTA) Circular 4702.1B; and
WHEREAS, these policies establish thresholds for when to conduct an analysis for service and fares to determine their impacts on minority and low-income populations; and
WHEREAS, the polices must be updated to reflect the demographic changes in CapMetro’s service area; and
WHEREAS, the FTA requires that recipients of FTA funding that operate 50 or more fixed route vehicles in peak service and are located in a UZA of 200,000 or more in population to monitor its fixed-route services comparing minority and non-minority routes; and
WHEREAS, the FTA requires that recipients of FTA funding prepare and submit a Title VI Program Update every three years.
NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the revised Title VI Policy, Title VI Service Monitoring Results, and the 2024 Title VI Program update in the attached documents are hereby approved for submittal to the Federal Transit Administration.
____________________ Date: ____________________
Secretary of the Board
Becki Ross