Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox (2018) / Chapter Skim
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P a r t 1 Guidebook
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C o n t e n t s 9 Step 1 Frame the Project 10 1.1 Tolling Actions 10 1.2 Impact-Causing Aspects of Tolling Actions 11 1.3 Potential Adverse Direct and Indirect Effects 13 1.4 Context Considerations 16 1.5 Initial Identification of Environmental Justice Issues 16 1.6 Documentation of Step 1 19 Step 2 Identify the Applicable Requirements Governing Decisions 19 2.1 Regulations and Requirements Pertinent to Environmental Justice 27 2.2 Documentation of Step 2 28 Step 3 Recognize the Relevant Decision-Makers and Stakeholders 28 3.1 Roles and Responsibilities of Decision-Makers and Stakeholders 31 3.2 Documentation of Step 3 32 Step 4 Scope Approach to Measure and Address Impacts 34 4.1 Confirm the Study Area Boundaries 36 4.2 Select Process and Analytical Methods for Use in Steps 5 and 6 40 4.3 Identify Additional Information Needs 40 4.4 Engage Minority and Low-Income Populations in Scoping Steps 5 and 6 43 4.5 Documentation of Step 4 45 Step 5 Conduct Impact Analysis and Measurement 45 5.1 Impact Analysis Tools 46 5.2 Impact Severity and Magnitude 47 5.3 Documentation of Step 5 48 Step 6 Identify and Assess Mitigation Strategies 48 6.1 Assess Whether an Effect is Disproportionately High and Adverse 54 6.2 Evaluation 56 6.3 Response 61 6.4 Documentation of Step 6 62 Step 7 Document Results for Decision-Makers and the Public 62 7.1 Regulations and Requirements for Documentation 66 7.2 Documentation of Step 7 67 Step 8 Conduct Post-Implementation Monitoring 68 8.1 Who is Responsible for Monitoring 68 8.2 Objectives for Monitoring 68 8.3 Implement and Monitor Environmental and Community Commitments and Agreements 70 8.4 Metrics for Monitoring Performance 70 8.5 Methods for Monitoring 70 8.6 Timing for Monitoring 71 8.7 Geographical Consideration for Monitoring 72 8.8 Informing Stakeholders and Decision-Makers about Revealed Outcomes 72 8.9 Ensuring Continuity of Commitments 74 References
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9 Step 1 identifies the types of highway, bridge, or tunnel toll implementation or rate change actions and the potential effects of these actions. Throughout this guidebook, facility refers to a highway, bridge, or tunnel.
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10 Assessing the environmental Justice effects of toll Implementation or Rate Changes: Guidebook and toolbox 1.1 Tolling Actions There are eight types of toll implementation or rate change actions: 1. Toll implementation by constructing and operating a new facility on new location with a mix of toll and general purpose lanes.
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Frame the Project 11 4. Form of payment by the user (i.e., cash or cashless)
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Impact-Causing Aspects of Toll Implementation or Rate Change Action Introduce Transaction Cost Increase Transaction Cost Create Uncertain Transaction Cost Form of Payment and/or Credit and/or Fixed Cost Requirements for User Accounts Change in Access to Highway Network Create or Increase Highway, Bridge, or Tunnel Footprint Decrease Distance between Community and Highway, Bridge, or Tunnel T o l l I m p l e m e n t a ti o n o r R a t e C h a n g e A c ti o n New Toll Road or Bridge (mix of toll and general purpose lanes) √ Possibly (choice of toll or general lanes can be trip-specific)
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Frame the Project 13 • Increased travel on alternative routes or modes leads to degradation of level of service on the alternative routes or modes. • Changes in health (air quality, noise, vibration)
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14 Assessing the environmental Justice effects of toll Implementation or Rate Changes: Guidebook and toolbox 3 Stages 6 Phases Example EJ Issues for Tolling 4. Final Design and Right-of-Way In this phase, refinements are made to the preliminary design based on various constraints and practical considerations.
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Frame the Project 15 ensuring full and fair participation by all potentially affected communities in the transportation decision-making process as the project proceeds with toll implementation to review under the National Environmental Policy Act. • Monitoring of actual effects, and possibly modifying mitigation strategies to address actual effects, are clear responsibilities for the implementation stage.
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16 Assessing the environmental Justice effects of toll Implementation or Rate Changes: Guidebook and toolbox recreation department representatives)
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Frame the Project 17 there could be disproportionately high and adverse effects from the action on minority and low-income populations. The Checklists section of the Toolbox contains several items to assist in documentation: • Checklist 1a summarizes the eight types of tolling actions and the impact-causing aspects of the tolling actions from Steps 1.1 and 1.2.
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18 Assessing the environmental Justice effects of toll Implementation or Rate Changes: Guidebook and toolbox congestion is reduced or eliminated, increasing the reliability of a user's trip and allowing for more efficient use of the system's capacity from the time-of-day and physical (lane-mile) standpoints.
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19 Step 1 culminated in the identification of potential EJ issues for a toll implementation or rate change. Step 2 builds on Step 1 by showing how to identify the applicable EJ review framework using laws, regulations, and authoritative guidance for evaluating the issues.
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20 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; and EO 13166, Improving Access to Services for Persons with Limited English Proficiency.
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Identify the Applicable Requirements Governing Decisions 21 • American Indian and Alaskan Native: a person having origins in any of the original people of North America or South America (including Central America) and who maintains cultural identification through Tribal affiliation or community recognition; or • Native Hawaiian and Other Pacific Islander: a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
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22 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox the evaluation of environmental impacts, it is important to identify minority, low-income, and limited English proficiency populations to evaluate potentially adverse effects on these groups. 2.1.3 National Environmental Policy Act of 1969 NEPA provides the environmental review "umbrella" under which U.S.
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Identify the Applicable Requirements Governing Decisions 23 Require Environmental Review?
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24 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox 3. Significant impact on properties protected by Section 4(f)
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Identify the Applicable Requirements Governing Decisions 25 planning studies of toll implementation or rate changes, or the review under Title VI and EO 12898 of a fiscally constrained long-range transportation plan that includes toll implementation or rate changes. An early look at potential EJ issues during the planning process can help identify issues for more detailed evaluation during project development and NEPA, and mitigation during the implementation of the action.
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26 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox detriment of surrounding neighborhoods. Complicating matters, equity concerns can be further incurred if the diversion of traffic is through low-income and minority communities (GAO, 2012)
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Identify the Applicable Requirements Governing Decisions 27 • Section 129 (General Toll Program) allows federal participation in specific types of toll-funded construction activities, including new highways, new lanes (as long as the number of untolled lanes remains the same)
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28 Recognize the Relevant Decision-Makers and Stakeholders Step 1 describes an approach to identify potential EJ issues related to toll implementation or rate change actions. Step 2 identifies the relevant EJ principles and review requirements of laws, regulations, and executive orders and describes an approach to consider the potential EJ issues identified in Step 1 in a manner consistent with those requirements.
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Recognize the Relevant Decision-Makers and Stakeholders 29 • Stakeholders can also include transportation and community professionals and specialists, including those from governmental agencies, staffs of public officials, advocacy groups, community organizations, and the transportation and economic development industry, all of whom can lend their respective expertise, ideas, and perspective. • Decision-makers are stakeholders and include the sponsor entity and review entities.
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30 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox From a policy perspective, the ownership, operating, and financial structure and agreements established for the toll facility can constrain the flexibility of the toll operating agency to offer price discounts or revenue recycling as ways to address EJ impacts. A state or local entity or tolling authority may be primarily committed to paying for operations and maintenance and/or repaying bondholders with income generated from tolls, whereas the private entity from a P3 may have operations and maintenance in addition to bonds as well as investors to repay out of earnings, and will usually charge a risk premium also.
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Recognize the Relevant Decision-Makers and Stakeholders 31 EJ Implications of Funding and Financing Methods Important considerations for environmental justice include the extent to which the funding and finance arrangements depend on toll collection or other potentially regressive forms of taxation (i.e., sales or gasoline taxes) , the flexibility or lack of flexibility the responsible party has in setting and collecting tolls, the variable or fixed nature of the tolls, toll collection mechanisms (e.g., cash, transponder, video, and/or prepayment requirements)
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32 Scope Approach to Measure and Address Impacts The combined results of Steps 1 through 3 provide the contextual details and an understanding of the toll implementation or rate change to enable scoping of the analysis. The objective of Step 4 is to scope the approach to be used in Step 5 to measure and address potential effects of the toll implementation or rate change on minority and low-income populations.
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Scope Approach to Measure and Address Impacts 33 Importance of Early Screening of Community Characteristics Practitioners who conduct early screening of a community's social and economic characteristics and notable community features bring an important perspective to a multi-disciplinary project team. These practitioners can provide other team members with information about the past history and current issues of concern expressed by those living in the affected communities, including low-income, minority, and other traditionally underserved populations.
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34 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox adverse and significant impacts in Step 6, with attendant evaluation and consultation with EJ populations on appropriate mitigation, building on the information and relationships established in Steps 3, 4, and 5. Moreover, this iterative process will likely transpire within each project stage (planning, design, and implementation)
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Scope Approach to Measure and Address Impacts 35 Defining the Study Area The geographic boundaries for analysis will vary depending on the nature of the proposed action or plan. Practitioners should establish the study area boundaries carefully so as not to artificially distort the representation of minority and lowincome individuals in the affected population.
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36 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Regional travel demand models or travel surveys can inform the definitions of study area boundaries based on the travel behavior of current or future users of the toll facility. The tool, "Using Travel Demand Models for EJ Assessments," describes criteria for setting boundaries and methods for the analysis and measurement of distributional impacts.
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Scope Approach to Measure and Address Impacts 37 Source: Adapted from Prozzi et al., 2006. Figure 4.2.
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38 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox a framework for illustrating the major interrelated steps for an EJ tolling analysis, including defining the scoping process (Step 4) , analyzing impacts (Step 5)
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Scope Approach to Measure and Address Impacts 39 Considerations for Project-Level EJ Analyses of Toll Roads in Texas Federal Highway Administration (FHWA) and Texas Department of Transportation (TxDOT)
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40 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox In these early conversations, it will be particularly useful to consider the prior history of the corridor, including the sponsoring agency and other governing agency's prior investments and interactions with the nearby affected communities (i.e., the cumulative effects context of the project)
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Scope Approach to Measure and Address Impacts 41 or study area. Any resulting inventory should consider the social conditions and context of life for distinct socioeconomic groups, including low-income and minority populations, who reside, work, or visit destinations in the affected communities.
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42 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Using Available Tools from EPA and the U.S. Department of Housing and Urban Development EPA Tool to Scan for Potential EJ Impacts.
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Scope Approach to Measure and Address Impacts 43 Take Note: FHWA Encourages Inclusion Beyond Minimum Thresholds "Environmental justice is about identifying and addressing disproportionately high and adverse effects of proposed decisions on low-income populations and minority populations. When delivering transportation projects, however, practitioners should also seek equitable conditions for other protected categories -- including race, color, national origin, sex, age, disability, and persons with limited English proficiency.
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44 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Tool Full Title Short Title Preparing, Implementing, and Assessing a Public Involvement Plan Public Involvement Plan Developing a Socioeconomic Profile and Community Characteristics Inventory for EJ Assessments Community Characteristics Inventory Using Public Use Microdata Samples to Profile Transportation Characteristics and Differences Using PUMS Using the National Household Travel Survey to Profile Transportation Characteristics and Differences Using NHTS Using Focus Groups in Assessing the Impact of Tolling on EJ Populations Focus Groups Designing and Implementing Surveys to Assess Attitudes and Travel Behavior for EJ Analyses and to Monitor Implementation Conducting Surveys Using Travel Demand Models for EJ Assessments Travel Demand Models Analyzing the Value of Time/Willingness to Pay in EJ Assessments VOT/Willing to Pay Assessing User Costs and Household Burden Effects User Costs, HH Burden Conducting Citizen Panels to Explore Key Issues of Value Pricing, Minneapolis–St. Paul Region, Minnesota Citizen Panels MN Mobilizing a Local Liaison to Recruit Community Leaders for Survey, Louisville–Southern Indiana Ohio River Bridges Project Surveys with Local Liaison KY-IN Targeting Local Grocery Stores to Administer Community Surveys, Louisville–Southern Indiana Ohio River Bridges Project Surveys at Grocery Stores KYIN Conducting Pre- and Post-Implementation Surveys of Traveler Behavior and Opinions, Atlanta Region, I-85 Corridor Pre- and Post-Surveys Atlanta Examples of Resource Topic Considerations Added by Tolling Tolling Consideration EJ Impact Documentation Checklist Documentation Checklist Table 4.1.
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45 In Step 5, the practitioner applies the methods selected in Step 4 to analyze the potential effects from the toll implementation or rate change. In applying the analytical methods, the practitioner should both obtain input from the affected EJ communities and share the results of the analyses with the communities for validation, refinement, and understanding.
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46 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox are also presented to illustrate how specific analytical approaches and measures were applied in Los Angeles County, Atlanta, and Dallas-Fort Worth to identify, assess, and measure impacts on low-income and minority populations from tolling plans and implementation. The Toolbox does not specifically cover tools to analyze potential impacts where the existence of a toll aspect of a transportation project has little or no bearing on the methodology for an analysis.
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Conduct Impact Analysis and Measurement 47 5.3 Documentation of Step 5 The practitioner prepares a technical memorandum with the information gathered in this step to document the process and results for the following items: applying the methods used to analyze effects; identifying the severity and magnitude of the effects through comparison to applicable standards and, in the absence of standards, through relative comparisons; and understanding the outcome of engagement with the affected minority and low-income populations on the application of the analysis methods and interpretation of the results. Table 5.1.
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48 Step 6 describes how to determine whether a toll implementation or rate change will have a "disproportionately high and adverse effect" on EJ populations, and if so, what to do about it. As described in Step 5, impacts for all resource topic areas have been assessed using quantitative and qualitative methods and meaningful involvement processes have been undertaken with low-income and minority populations to discuss the project and its potential impacts.
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Identify and Assess Mitigation Strategies 49 The Federal Highway Administration Environmental Justice Reference Guide describes "Disproportionately High and Adverse Effects" as follows: The FHWA and USDOT EJ Orders state that "disproportionately high and adverse" refer to an adverse effect that (1) is predominately borne by a minority population and/or a low-income population or (2)
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50 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox are the impacts of a proposed action in the context of past public and private actions. In some cases, impacts on low-income and minority communities may not have been addressed adequately because the siting and construction of the highway alignment occurred prior to the enforcement of the environmental impact, civil rights, and public disclosure laws.
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Identify and Assess Mitigation Strategies 51 Figure 6.2. Conceptual decision tree for EJ tolling impact evaluation.
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52 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox and reasonably foreseeable future actions are to isolate communities or put an undue economic burden on the ability of low-income and minority populations to travel efficiently. Project-Level Analysis At the project level, the implementation of tolls should be included in the indirect effects and cumulative impacts analysis (in addition to direct effects)
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Identify and Assess Mitigation Strategies 53 NCTCOG determined that siting the new toll road would adversely affect roadway access for the residents of the retirement community. NCTCOG addressed the adverse effects of the Chisholm Trail Parkway on the residents of the retirement community by purchasing pre-paid toll tags for the residents with government funds (see case example, "Mitigating Reduced Access via Toll Credits, Dallas–Fort Worth Metro Region")
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54 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox identified in the same manner as at the project level, but the analysis is expanded to include the entirety of the proposed tolled network. It can be illustrated on maps using gradation to show trips generated by traffic survey zone (TSZ)
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Identify and Assess Mitigation Strategies 55 Below, common frameworks for evaluating disproportionate analysis include: (1) qualitative and quantitative evaluations, often both, and (2)
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56 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox In Figure 6.5, a bi-directional comparison of the impacts is shown. In this illustration, how does (C-A)
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Identify and Assess Mitigation Strategies 57 in the FHWA guidance. All resource topics that identify significantly adverse impacts should be addressed in this step -- either through the analysis of benefits and determination of net benefits to EJ populations; or through avoidance or mitigation of impacts; or through the determination of no practicable alternative, as shown in Figure 6.1 (also see text box, FHWA Guidance: Key Points to Consider)
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58 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Mobile Source Air Toxics -- Challenge for Assessment EJ populations are disproportionately located near major roadways. Addressing Mobile Source Air Toxics (MSATs)
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Identify and Assess Mitigation Strategies 59 Public participation and analysis may determine that mitigation, minimization, or avoidance of impacts is both necessary and the right thing to do. Mitigation, minimization, and avoidance can take many forms, depending on the type of impact and the input from affected populations.
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60 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Tool or Case Example Full Title Short Title Targeting Local Grocery Stores to Administer Community Surveys, Louisville–Southern Indiana Ohio River Bridges Project Surveys at Grocery Stores KY- IN Avoid Impacts FL Bridge Analyzing, Mitigating, and Monitoring Impacts on LowIncome Commuters, I-10 and I-110 ExpressLanes, Los Angeles County Full Cycle I-10–I-110 LA County Mitigating Reduced Access via Toll Credits, Dallas–Fort Worth Metro Region Mitigation NCTCOG Qualitative versus Quantitative Evaluations of Resource Topics Qualitative vs. Quantitative EJ Impact Documentation Checklist Documentation Checklist Analyzing the Value of Time/Willingness to Pay in EJ Assessments VOT/Willing to Pay Assessing User Costs and Household Burden Effects User Costs, HH Burden Evaluating Disproportionate Effects with Quantitative Methods Disproportionate Effects Instituting Cash Replenishment Options for Unbanked and Underbanked Populations Replenishment Options Recycling Tolling Revenue through Transit Investment and Low-Income Assistance as Forms of Mitigation Recycling Toll Revenue Mobilizing a Local Liaison to Recruit Community Leaders for Survey, Louisville–Southern Indiana Ohio River Bridges Project Surveys with Local Liaison KY-IN Selecting a Design Alternative to Mitigate the Adverse Effects of Tolls to a Low-Income Community, St.
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Identify and Assess Mitigation Strategies 61 projects across the country. These include using toll revenues to fund improved transit service, providing free or discounted transponders to low-income residents, establishing a network of outlets for cash replenishment of transponders (e.g., at local convenience stores to support those who do not have checking accounts or credit cards)
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62 In Step 7, the practitioner consolidates the documentation developed in the previous steps. As emphasized in earlier steps, the documentation process must start early in the project.
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Document Results for Decision-Makers and the Public 63 Sufficient attention must be given to understanding and documenting the demographics, travel behavior, and choices of potential travelers from the larger regional catchment area -- in fulfillment of the considerations of EJ -- with due attention given to the similarities and differences in travel behavior, choice, and access that low-income and minority populations bear in comparison to other non-EJ populations. Thus, the challenges of defining the appropriate study area extend to identifying and engaging those who may be impacted and applying appropriate data sources, methods, and measures for analyzing the impacts in this segmented and comparative fashion, as defined in previous steps.
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64 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Substantiating the Findings with Documentation Paraphrasing from the FHWA guidance, the following are key criteria for documentation to complete the EJ assessment. The pertinent Guidebook step(s)
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Document Results for Decision-Makers and the Public 65 • After mitigation efforts and benefits considerations, are the impacts disproportionately high and adverse on EJ populations?
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66 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox Table 7.1. Documentation tools.
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67 Post-implementation monitoring is essential for most or all toll implementation projects and rate changes. Environmental and community commitments made by decision-makers, and shared with stakeholders and affected communities in Steps 6 and 7 must be met.
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68 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox 8.1 Who is Responsible for Monitoring In most cases, the tolling entity will be responsible for monitoring, with the sponsoring agency and FHWA providing oversight of the monitoring effort. If the project is a P3, there may be a mechanism for independent monitoring (perhaps paid out of the P3 revenue)
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Conduct Post-Implementation Monitoring 69 Different types of agreements have been developed based on community priorities and interests and the operational and financial capability of the toll operator or owner. As noted previously, the earlier in the project that toll options are discussed with the community, the greater the flexibility to make modest adjustments to plans, contracts, and implementation decisions at a lower cost.
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70 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox 8.4 Metrics for Monitoring Performance Agreements on potential mitigation measures need to establish monitoring and measurement criteria to be effective. Establishing metrics and a threshold or "tipping point" during the original agreements and commitments for any particular type of commitment will help when considering later interventions or adjustments that might be required.
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Conduct Post-Implementation Monitoring 71 milestone between toll adjustments) for a comprehensive assessment of the status of the toll implementation and mitigation effort, including its effects on low-income and minority populations.
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72 Assessing the Environmental Justice Effects of Toll Implementation or Rate Changes: Guidebook and Toolbox 8.8 Informing Stakeholders and Decision-Makers about Revealed Outcomes Transparency of monitoring and actions is crucial. As noted, some types of data acquisition and processing lend themselves to open posting on a project website, with "dashboards" and similar tools for the public to explore.
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Conduct Post-Implementation Monitoring 73 Tool Type Full Title Short Title Preparing, Implementing, and Assessing a Public Involvement Plan Public Involvement Plan Using Focus Groups in Assessing the Impact of Tolling on EJ Populations Focus Groups Designing and Executing Surveys to Assess Attitudes and Travel Behavior for EJ Analyses and to Monitor Implementation Conducting Surveys Using Travel Demand Models for EJ Assessments Travel Demand Models Applying a Select Link Analysis to Assess Trip Patterns Select Link Analysis Analyzing the Value of Time/Willingness to Pay in EJ Assessments VOT/Willing to Pay Recycling Tolling Revenue through Transit Investment and Low-Income Assistance as Forms of Mitigation Recycling Toll Revenue User Activity Monitoring Analyzing, Mitigating, and Monitoring Impacts on LowIncome Commuters, I-10 and I-110 ExpressLanes, Los Angeles County Full Cycle I-10–I-110 LA County Conducting Pre- and Post-Implementation Surveys of Traveler Behavior and Opinions, Atlanta Region, I-85 Corridor Pre- and Post-Surveys Atlanta EJ Impact Documentation Checklist Documentation Checklist Examining Spatial Patterns and Distribution of Users on Existing Tolling Facilities Table 8.2. Tools for post-implementation monitoring.
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References 75 GAO.
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