Land-of-Sky Regional Council

1. Land-of-Sky Regional Council Transportation Planning Retreat March 5, 2010

2. Overview • History of Federal Transportation Planning • Heather Strassberger • History of FBRMPO & LOSRPO • Carrie Runser-Turner • Public Involvement, Title VI and Environmental Justice • Natalie Murdock

3. A Timeline of Federal Transportation Planning • Local and state agencies and entrepreneurs used tolls and taxes to pay for road-building and maintenance dating back to pre-automobile times • Mass transit & railroads in the late 1800s – early 1900s were developed mostly by private companies • Beginning around 1900, automobile clubs promoted road expansion & enhancements

4. Early Federal Aid Highway Acts • 1916: First Federal Aid Road Act passed. Created the Bureau of Public Roads. • 1925: Federal Aid Highway Act passed. First recognized the need for a continuous national highway system. Created the highway numbering system. • 1934: Federal Aid Highway Act passed. Required that 1.5 percent of funding apportioned to states annually be used for surveys, plans, engineering and economic analysis for future highways.

5. The Mid-20th Century • 1944: Federal Aid Highway Act passed. Federal Aid Primary and Secondary systems established. A National System of Interstate Highways of 40,000 miles was authorized. • 1956: Federal Aid Highway Act passed. Created the National System of Interstate and Defense Highways. • 1962: Federal Aid Highway Act passed. Created federal mandate for urban transportation planning in U.S. for communities with 50,000 population or greater. Introduced “3-C” process.

6. What about transit? • As automobile travel became more affordable (in part due to government funding of roads), transit became less profitable for private providers • Electric streetcar systems replaced by buses • Services cut • Lower density development patterns further eroded transit’s mode share • Many no longer profitable systems taken over by cities or state agencies • Modern paratransit for the elderly & disabled came later

7. Formation of USDOT/1960’s • 1964: Urban Mass Transportation Act passed • Up to 2/3 capital grants for mass transit facilities • Housed at HUD • 1966: President Johnson signs legislation creating USDOT • 1967-68: More departments move into USDOT, including Urban Mass Transit Administration (now FTA) • Now 11 operating departments • Can you name them all?

8. 1970s • 1973 Federal Aid Highway Act Dedicated money to planning activities, formalized planning process, organization & procedures • 1970, 73,74,76 Amendments increased flexibility to use highway funds for urban mass transportation • Clean air, fuel shortages on the radar screen • 1975: Urban Mass Transit Admin & FHWA issue joint planning regulations • 1977: 39 states convert highway departments to multi-modal departments of transportation • 1978 STAA passed. First time highway, public transportation and highway safety were combined into one piece of legislation.

9. 1980s • STAA of 1982: • Last fuel tax increase dedicated exclusively to transportation • Transit account created • Promoted as jobs bill for recession • Earmarks – 10 “special demonstration projects” • 1984: UMTA issued paratransit policy • 1987: ST and Uniform Relocation Assistance Act passed over Reagan’s veto, 152 earmarks

10. ISTEA - 1991 • Intermodal Surface Transportation Equity Act • Increased focus on multimodalism, equity, environmental justice, public involvement • Link to Air Quality objectives • Created Enhancement & Safety set-asides, CMAQ • First to include bike/ped • Expanded & clarified role of MPOs • 538 demonstration projects

11. TEA-21 (1998) • Transportation Equity Act for the 21st Century • Similar goals to ISTEA, but with a 40% increase in funding • Increased focus on safety, research, ITS • Continued ISTEA emphasis on environment, strong planning process

12. SAFETEA-LU (2005) • Continued focus on safety • Added more flexibility on financing and road pricing to control congestion • Changes to environmental review process • Formally recognized transportation-land use link • Added requirements: freight, safety, security elements, etc. • Created Safe Routes to School

13. Transportation Planning In SAFETEA-LU, metropolitan and statewide transportation planning processes are continued, but changes are made in the planning process for surface transportation; some of these changes add flexibility and efficiency, while others add new consultation and environmental planning requirements. Safety and security are identified as separate items to be considered in both metropolitan and statewide planning processes. Consultation requirements for States and MPOs are significantly expanded. Requirements are added for plans to address environmental mitigation, improved performance, mutimodal capacity, and enhancement activities; tribal, bicycle, pedestrian, and disabled interests are to be represented. Metropolitan Planning – The policy for the metropolitan planning process is to promote consistency between transportation improvements and State and local planned growth and economic development patterns. The transportation improvement program (TIP) is to be updated at least every 4 years. The set-aside for Metropolitan Planning is increased to 1.25%, and a 30-day time limit for States to reimburse Metropolitan Planning Organizations is imposed. The long-range transportation plan and the TIP are to remain separate documents. [1107,6001] Statewide Transportation Planning – The statewide planning process is to be coordinated with metropolitan planning and statewide trade and economic development planning activities. Two or more States may enter into planning agreements or compacts for cooperative efforts and mutual assistance. The statewide plan should include measures to ensure the preservation and most efficient use of the existing system. The State transportation improvement program (STIP) is to be updated at least every 4 years. [6001]

14. Transportation Plan (LRTP, MTP, etc.) Min. horizon = 20 yrs MTIP Min. horizon = 4 yrs Must be approved by Governor/designee and incorporated w/o alteration into STIP UPWP CMP (TMAs only) Conformity if in non-attainment area “Based on consideration of the six major elements of transportation planning, the MPO must develop a transportation plan which covers a 20- year period and identifies facilities (including but not limited to major roadways, transit, and intermodal facilities) that should function as an integrated regional system. The plan needs to include both short- and long-term actions that develop and maintain an integrated, intermodal transportation system that is accessible and that efficiently moves people and goods. The MPO, in cooperation with the State and such transportation providers as public transit operators, carries out the metropolitan transportation planning process. That includes development of the transportation plan and the TIP. They should be developed with input from the public and be coordinated with transportation providers including regional airports, maritime operators, rail-freight operators, and others within the area. The transportation plan reflects environmental and intermodal considerations and provides a financially-constrained vision of future transportation investments.” MPO Requirements

15. MPO Policy Board Executive/Mgt Committee Citizens’ Advisory Committee Technical Committee Other Special Standing & ad hoc Committees Subcommittees MPO Professional Staff “Typical” MPO Structure

16. Structure varies by state & size • Some MPOs have many committees, all have at least two (policy & technical) • MPOs can be independent agencies or housed at a regional agency, municipal or county government • Some MPOs are extensively involved in land use/growth management planning • Some MPOs also manage regional transit agency • USDOT has separate agreements with each state, so authority of MPOs can vary greatly • Staff size can range from 1-50 or more

17. Since ISTEA, states have been required to consult with rural officials In SAFETEA-LU & a 2003 ruling that preceded it, that was formalized so states must now submit written documentation of their rural consultation process Some states have had RPOs for a long time, several more started them after 2003 rule NADO and other organizations lobbying for federal recognition/funding of RPOs in new STAA RPOs do not need to produce Long Range Plans or TIPS (but in some states they do produce LRTPs) State requirements vary Structure usually mirrors MPO structure in that state Now, what about RPOs?

18. Background and History • Early 60s – Asheville Area MPO • 2003 – French Broad River MPO (included TMA designation) • 2003 – Land-of-Sky RPO • 2009 – Land-of-Sky Regional Council becomes Lead Planning Agency for French Broad River MPO

19. Population/Boundaries • French Broad River MPO • Population (based on 2000 census): 323,243 • Urbanized areas of Buncombe, Henderson, and Haywood Counties • 18 member governments • Land-of-Sky RPO • Population (based on 2000 census): 75,262 • All of Madison and Transylvania Counties, rural areas of Buncombe and Haywood Counties • 9 member governments

22. What is an MPO/RPO? • Regional partnership for transportation planning • Works with local, state, and federal partners on a variety of transportation planning issues • Provides a forum for public participation in transportation planning

23. Committee Structure • Technical Coordinating Committee (TCC) • Staff-level committee • County and City/Town Managers or Planners; NCDOT staff; FHWA staff (MPO only) • Advises Transportation Advisory Committee • Transportation Advisory Committee (TAC) • Policy-making committee • Municipal and County Elected Officials; Board of Transportation Representative • Sets policy, adopts all documents and plans

24. Administration and Staffing • Land-of-Sky Regional Council is Lead Planning Agency • LPA provides staff and administers funds • Local government members contribute 20% match • Remaining 80% of funding comes from NCDOT (RPO) and from FHWA through NCDOT (MPO)

25. Land-of-Sky RPO Core Duties • Develop long range local and regional multi-modal transportation plans. • Provide a forum for public participation in the transportation planning process. • Develop and prioritize projects the organization believes should be included in the TIP. • Provide transportation-related information to local governments and others.

26. French Broad River MPO Core Duties • Establish a setting • Identify and evaluate alternative transportation improvement options • Prepare and maintain a Metropolitan Transportation Plan (MTP) • Develop a Transportation Improvement Program (TIP) • Involve the public

27. Public Involvement • The French Broad River Metropolitan Planning Organization's (FBRMPO's) and Land-of-Sky Rural Transportation Planning Organization’s (LOSRPO’s) Public Involvement Policy is an umbrella format, encompassing the plans and programs of the areas transportation planning process. Public involvement is an integral part of our planning efforts. • Sound transportation plans are a result of involving the public at multiple stages of the planning process.

28. Public Involvement Goals • Bring a broad cross-section of the public into the public policy and transportation planning decision-making process. • Maintain public involvement from the early stages of the planning process through detailed project development. • Use different combinations of public involvement techniques to meet the diverse needs of the public. • Determine the public's knowledge of the metropolitan transportation system and the public's values and attitudes concerning transportation. • Educate citizens and elected officials in order to increase general understanding of transportation issues. • Make technical and other information available to the public. • Establish a channel for an effective feedback process.

29. FBRMPO PIP and Planning Activities • The Public Involvement Policy is comprised of the public involvement programs for all the major planning activities • LRTP • MTIP • CMP • UPWP • ADA provisions

30. FBRMPO Federal Requirements • SAFTEA-LU requires that MPOs establish, periodically review and update public involvement processes. Specific provisions should allow affected bodies with a reasonable opportunity to comment on transportation plans.

31. Title VI of the Civil Rights Act of 1964 • Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (42 U.S.C. Section 2000d). • The Civil Rights Restoration Act of 1987 clarified the intent of Title VI to include all programs and activities of Federal aid recipients and contractors whether those programs and activities are federally funded or not. Section 324 of the Federal Aid Highway Act, the enabling legislation of the Federal Highway Administration, prohibits discrimination based on sex. • The French Broad River MPO works to ensure nondiscriminatory transportation planning in support of our mission to treat affected bodies equitably and to comply with federal law.

32. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (1994) • Executive Order 12898 requires federal agencies and their sub recipients to achieve environmental justice as part of its mission. MPOs must identify and address, as appropriate, disportionately high and adverse human health or environmental effects, including interrelated social and economic effects of its programs, policies and activities on minority populations in the United States.

33. Additional Requirements • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency • Executive Order 13166 requires public outreach to include people of limited English proficiency. • MPOs must work to provide “meaningful access” to their limited English proficiency applicants and beneficiaries. • The Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 • The Rehabilitation Act of 1973 (Section 504) states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that receives Federal financial assistance.

34. LOSRPO and public involvement The purpose of the Land-of-Sky Rural Transportation Planning Organization (RPO) Public Involvement Policy (PIP) is to provide guidance and policy in engaging the public in the transportation planning process. This plan seeks to accomplish the following: • Create a well-informed public that effectively contributes to transportation decision- making. • Engage the public early and continuously in the transportation planning process. • Develop a public education program on Land-of-Sky RPO activities. • Assist the Land-of-Sky RPO in developing specific transportation projects that reflect the interest and needs of the community. • Gain the support and trust of the public. • Satisfy the requirements of N.C.G.S. § 136-212 regarding duties of a RPO and federal transportation legislation.

35. Goals and Objectives • Bring a broad cross‑section of the public into the public policy and transportation planning decision‑making process. • Maintain public involvement from the early stages of the planning process through detailed project development. • Use different combinations of public involvement techniques to meet the diverse needs of the general public. • Determine the public's knowledge of the metropolitan transportation system and the public's values and attitudes concerning transportation. • Educate citizens and elected officials in order to increase general understanding of transportation issues. • Make technical and other information available to the public. • Establish a channel for an effective feedback process.

36. Policy Elements • The LOSRPO's Public InvolvementPolicy is comprised of a number of sub‑policies. • All planning programs and activities are required to go through the Transportation Advisory Committee's public process. • In addition, the RPO will initiate public involvement programs for the • Comprehensive Transportation Plan (CTP), The Priority Needs List (PNL), • the Air Quality Conformity Determination (if needed), the Congestion Management Plan, • the Planning Work Program (PWP) • and the RPO's provisions for American with Disabilities Act (ADA). • The final component of the Public Involvement Policy is the policy review element designed to ensure that the programs are meeting their goals.