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Mission: Providing Global Leadership and Innovation in Public Sector Real Estate and
Outdoor Advertising Control through Information Sharing and Knowledge Exchange
PresenterPresenter
David BlakeneyDavid Blakeney, SR/WA, R/W-NAC
FHWA - Arkansas Division
501-324-6438
Learning OutcomesLearning Outcomes
• Explain what Environmental Justice (EJ) covers
• Give a brief history of EJ
• Name two laws associated with EJ
• Identify EJ Analysis Tools
Environmental JusticeEnvironmental Justice
The term EJ began in the early 1980’s in response to demonstration that opposed the location of a PCB landfill in a minority community in Warren County, North Carolina.
On February 11, 1994, President William Jefferson Clinton seized the opportunity to promote the fair treatment of all races, incomes and cultures with respect by executing Executive Order 12898.
Addressing Environmental JusticeAddressing Environmental Justice
Legal Basis for the Executive Order Legal Basis for the Executive Order
• Title VI of the Civil Rights Act of 1964 which prohibits discrimination based on race, color, and national origin (minority)
• Stafford Act of 1974 which prohibits discrimination in the distribution of benefits based on income (low-income)
• Black
• Hispanic
• Asian American
• American Indian and Alaskan Native • Native Hawaiian or other Pacific Islanders
Minority and Low Income for Purposes of Minority and Low Income for Purposes of Title VI and Environmental JusticeTitle VI and Environmental Justice
2011 Health and Human Services 2011 Health and Human Services Poverty Guidelines Poverty Guidelines
SOURCE: Federal Register, Vol. 76, No. 13, January 20, 2011, pp. 3637-3638
Principles of Environmental JusticePrinciples of Environmental Justice
• Ensure involvement of low-income and minority groups in decision making
• Prevent disproportionately high and adverse impacts of decisions regarding low-income and minority groups
• Assure low-income and minority groups receive proportionate share of benefits
Requirements of Environmental JusticeRequirements of Environmental Justice
• Make a meaningful effort to involve low-income and minority populations in the decision making process established for the use of federal funds
• Evaluate the nature, extent, and incidence of probable, favorable and adverse human health or environmental impacts of the program or activity upon minority or low-income populations
US DOT Environmental Justice Orders US DOT Environmental Justice Orders
• April 15, 1997 the U.S. DOT issued its Order to summarize and expand on EJ
• December 2, 1998 the FHWA issued its Order of Actions requiring implementation of the USDOT April 1997 Order
• October 1, 1999 the FHWA and FTA issued a memorandum to clarify to Field Offices how to ensure EJ is considered in planning certification reviews
Environmental Justice Analysis for Environmental Justice Analysis for Transportation ProjectsTransportation Projects
• Introduction and Project Description
• Setting/Affected Environment
• Impact Analysis and Mitigation
• Disproportionately High and Adverse Impact Analysis
• Findings
Introduction and Project DescriptionIntroduction and Project Description
• Introduction• Legal• Regulatory• Administrative requirements
• Project Description• Project location• Physical components• Justification (purpose and need)
Setting/Affected EnvironmentSetting/Affected Environment
• Establish a Project Study Area
• Identify Existing Population Groups
• Summarize Public Involvement/Community Outreach
Impact Analysis and MitigationImpact Analysis and Mitigation
• Identify Impacts to General Population
• Minority and Low-Income Populations
• Measures to Avoid or Minimize Impacts to General Population
• Assess Efficacy of Mitigation for Minority and Low-Income
• Conclusion
Disproportionately High and Adverse Disproportionately High and Adverse Impact AnalysisImpact Analysis
• Adverse impact(s) predominately borne by a minority or low-income population group
• Adverse impact(s) more severe or greater in magnitude than the adverse impacts to non-minority and/or non-low income population groups
Potential Environmental Justice IssuePotential Environmental Justice Issue
Avoid disproportionately disrupting a minority, low-income neighborhood.
Environmental Justice AwarenessEnvironmental Justice Awareness
Be cognitive of the neighborhood demographics on potential transportation projects involving Federal funds.
Environmental Justice and the Environmental Justice and the Acquisition ProcessAcquisition Process
• Identify the EJ issues
• Talk with your client, Project Manager, ROW Managers, or environmental staff
• Determine possible remedies
Environmental Justice Decision TreeEnvironmental Justice Decision Tree
DOES A MINORITY AND/OR LOW-INCOME
POPULATION EXIST?No EJ Issue
IMPACT? No Impact
YES
YES
ADVERSE IMPACT?
YES
Avoid/Minimize
NO
NO
NO
www.fhwa.dot.gov/environment/ej2.htmwww.fhwa.dot.gov/environment/ej2.htm
ReviewReview
• History and Definition of EJ
• Laws and Policies Associated with EJ
Tips for a Successful Environmental Tips for a Successful Environmental Justice ProgramJustice Program
• Identify the EJ issues as early as possible
• Notify your client, Project Managers and other key personnel associated with the project
• Focus on the important issues affecting the community
• Look for possible solutions
Let’s try to avoid this!!!!Let’s try to avoid this!!!!
Anne MorrisSenior Project ManagerAtkins North America
June 15, 2011 IRWA Annual Conference
7-lane (90 feet wide) urban arterial with painted median
45 mph unenforced posted speed limit 24,000 vehicles average daily traffic Signalized intersections limited and spaced as
much as a mile apart Sidewalks sporadic, dirt paths, maintenance
iffy 65 MARTA bus stops and other school bus
stops Overhead lighting sparse and pedestrian
lighting nonexistent
DeKalb County proposed a 2-phase streetscape project for Buford Highway
Local newspaper articles asked that pedestrian safety issues be addressed
GDOT joined DeKalb County and expanded the project to address a comprehensive pedestrian safety project
GDOT proposed a continuous raise median design with limited median breaks
Local businesses expressed concerns to DeKalb County officicals that reducing left turn opportunities would hurt business
DeKalb County officials reserved support of the project until GDOT addressed the business community’s concerns
GDOT established a 31-member stakeholder group to provide input
GDOT invited Atkins to join the effort
People would not open their doors because they were afraid of the Border Patrol
People would not come out to meetings because these might be Immigration and Naturalization Service sting operations
So we focused on existing relationships
Stakeholders included local elected officials, faith-based
organizations, transit providers, government agencies, non-profit organizations, advocacy groups, and private companies
Stakeholders were surveyed by phone and in person and these revealed concerns about Existing conditions on Buford Highway Recommendations to improve Buford Highway Raise median pros and cons
From middle-income to low-income From transportation independent to
transportation dependent From “big city” to “rural village” street
smarts From speaking and reading English to
speaking Spanish and reading neither Spanish nor English
From first shift workers to first and second shift workers
53% - 87% were Hispanics (8% state average)
73%-95% were eligible for Free and Reduced Price Meal programs (46% state average)
49% - 68% were English Language Learners (4% state average)
Hispanics (Mexican) Lived on the corridor Attended schools on the corridor Shopped on the corridor Worked on the corridor Owned businesses on the corridor
Koreans, Chinese (Cantonese), and Vietnamese Shopped on the corridor Worked on the corridor Owned businesses on the corridor
Surveys were conducted at places of business and conducted by interpreters 4 Korean 4 Chinese 4 Vietnamese 5 Hispanic/Anglo
Surveys revealed concerns about existing conditions on Buford Highway and raised medians
Locations were safe, convenient, and family-friendly environments
FHWA did not require any sign-in or personal information
Interpreters administered surveys orally Surveys asked these questions
What are the needs - more, enough, less (sidewalks, lighting, cross walks, signals, bus shelters, etc.)
Where do you go when you cross Buford Highway What is the best way to get information to you
concerning the project and future project events
Located in the northern end of the corridor
Provided tables, chairs, giveaways and 8 bilingual interpreters from 4:00pm – 8:00pm on a Sunday
Provided four set-up spaces at mall entrances
Resulted in 345 completed surveys
Located in the southern end of the corridor
Plaza Fiesta provided tables, chairs, giveaways and 4 bilingual interpreters from 2:00pm – 6:00pm on a Sunday
Mercado del Pueblo provided a set-up space in the bakery area
Resulted in 168 completed surveys
Advertised through Hispanic, Korean, Chinese, Vietnamese, and mainstream radio, television and newspapers
Korean, Chinese, and Vietnamese interpreters used phone trees to notify groups and individuals
Spanish/English flyers were distributed to school students, and to every apartment complex manager, and every business along Buford Highway
GDOT hired local ethnic vendors to prepare metal highway signs in each language
BUFORD HIGHWAY PEDESTRIAN SAFETYShallowford Terrace to Lenox Road
Based on this input from Buford Highway residents, business owners, and workers, the Georgia Department of Transportation has come up with a plan that
will help to solve the pedestrian safety problems on Buford Highway.
Problem: Inadequate sidewalkSolution: Five foot wide sidewalks are proposed along both sides of Buford
Highway.
Problem: Inadequate lightingSolution: Low level lighting is proposed along both sides of Buford Highway.
Problem: Long distances between crosswalksSolution: Four new traffic signals are proposed at the intersections of Buford
Highway and West Druid Hills Road, Highland North Apartments, Drew Valley Road, and Shallowford Terrace.
Problem: No protection for pedestrians who choose to cross at unsignalized areasSolution: Raised medians are proposed between Lenox Road and Clairmont
Road. This will provide a refuge area for pedestrians who choose to cross at unsignalized areas. Three median refuge islands are proposed north of Clairmont Road at Plaza Fiesta near the Children’s Healthcare of Atlanta, between Dresden Drive and Bragg Street, and just south of Woodside Way. This will provide alternative crossing locations other than at signalized intersections.
Problem: Dangerous crossing at Latin American AssociationSolution: A pedestrian bridge is proposed in the area of the Latin American
Association.
Problem: MARTA bus stops are poorly placed and cause mid-block crossingsSolution: GDOT will coordinate with MARTA on the placement of bus stops along
Buford Highway.
Problem: There is no education on how to safely cross the street.Solution: An education campaign is planned as part of the proposed improvements.
Problem: Spanish signage is neededSolution: The use of signage in Spanish will be investigated as part of the proposed
improvements.
The Georgia Department of Transportation spoke to Buford Highwayresidents, business owners, and workers about the pedestrian safety
problems on Buford Highway.Buford Highway Fatalities
Non Pedestrian
13%
Pedestrian87%
Main Mode of Transportation
Walk68%
Drive32%
*
* Based on surveys conducted in March and May (n=514)
• handled as an Administrative Settlement, based on new construction cost; approx. 250%; church opted to buy existing.
Before
After
SC DOT
The Banana Patch- Honolulu
“To the extent desired that the community so desires… relocated as a community…
where its unique lifestyle can be maintained.”
Rockford, Illinois• 20-year loan; $150,000; deferred payments; 5% forgiven annually; • due on sale or abandonment of use; same general area as subject.