CIVIL RIGHTS AND ENVIRONMENTAL JUSTICE

 

 

Background

 

On February 11, 1994, President Clinton issued Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations".  This Executive Order is closely related to Title VI of the Civil Rights Act of 1964.  As a federally funded agency, the Capital District Transportation Committee is required to be in compliance with both of these federal regulations. USDOT has encouraged a proactive approach to the implementation of Title VI and Environmental Justice.    In April of 1997, USDOT issued an Order on Environmental Justice (EJ Order 5610.2) requiring DOT to implement the principles of Executive Order 12898 through the incorporation of EJ principles in all programs, policies and activities carried out by USDOT.  In December of 1998, the Federal Highway Administration issued a similar order requiring the incorporation of EJ principles in all FHWA programs, policies, and activities.

 

Executive Order 12898 was created to bring federal attention to the environmental and human health conditions in low-income and minority communities with the goal of achieving EJ.  The goal of Environmental Justice is to ensure that any adverse human health or environmental effects of any government activities do not disproportionately affect minority or low-income populations.  EJ does not intend to provide preferential treatment to these populations, but rather fair treatment to all populations.  Specific to transportation, Executive Order 12898 has been issued in order to ensure that all Federally-funded transportation-related programs, policies, and activities that have the potential to cause adverse affects, specifically consider the effects on minority and low-income populations.  EJ is a public policy objective that has the potential to improve the quality of life for those whose interests have traditionally been overlooked.

 

 

Planning and Programming Treatment

 

CDTC's Civil Rights and Environmental Justice objective is to assure equitable access to, consideration within and effects of the planning agenda, planning products and program of federally-assisted transportation projects in the Capital District.

 

Within the context of the Transportation Improvement Program development, CDTC looks to the following to assist with full Civil Rights and Environmental Justice compliance:

 

1.      CDTC's TIP is developed with a strong, budgetary relationship to the New Visions 2021 plan, including its commitment to urban revitalization.

 

2.      CDTC's TIP is developed with a strong relationship to local planning activities.  Since its adoption of the New Visions plan, CDTC has increased its local planning efforts through its Transportation and Community Linkage Planning Program.  Over 35 Linkage studies have been funded, including a number specifically focusing on issues of Environmental Justice target areas and populations.  Many project candidates considered in the 2003-08 TIP development derived directly from Linkage planning work.

 

3.      Project solicitation requests go out to all eligible parties, including not-for-profit corporations.

 

4.      Merit evaluation processes include a GIS-based identification of location to ensure equitable treatment of both positive and negative project effects on EJ populations as well as on non-EJ populations.  For the first time in the 2003-08 TIP development, all candidate projects were identified in terms of the project's location in a minority area, in a low income area, in a minority and low income area, or in neither a minority area nor low income area.

 

5.      Merit evaluation processes include articulation of the project's expected land use compatibility; community or economic development impacts; environmental issues; and business or housing dislocations.

 

As a result, the needs of minority and low income areas are reasonably well represented in the outcome of the TIP process.  Of the eleven federal-aid highway projects added to the TIP other than HBRR-funded bridge work, ten are positive-impacting projects located either in a minority area or a low income area; seven are in both a minority area and low income area.  These projects include transit improvements, multi-modal signal technology (including pedestrian phases and crosswalks), street rehabilitation and streetscape improvements, bike/pedestrian accommodation and intermodal (intercity bus and rail with urban transit) facility construction in urban areas.