TO: AC Transit Board of Directors
FROM: Michael A. Hursh, General Manager
SUBJECT: Title VI Analysis of 2020 Suspension of Fare Collection
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider receiving the equity analysis associated with the suspension of fare collection offered by the District from March 23 to October 18, 2020.
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
Initiative - Financial Efficiency and Revenue Maximization
Considering the equity implications of fare changes supports the District’s core value of equity.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with the fare equity analysis, however, failure to respond to Federal Transit Administration (FTA) Title VI requirements may impact the District’s ability to receive federal funding.
BACKGROUND/RATIONALE:
Title VI of the Civil Rights Act of 1964, FTA regulations, and AC Transit Board policy require staff to assess the effects of any fare change proposals to determine whether proposed changes would have a disparate impact on the basis of race, color, or national origin, or if low-income populations would bear a disproportionate burden of the changes. Certain limited fare changes are exempt from the fare equity analysis requirement, including temporary fare reductions that last six months or less.
In response to health and safety concerns related to the COVID-19 pandemic, the District began requiring riders to board using the back door(s) of the bus on March 23, 2020. Because fareboxes and Clipper card readers are only situated at the front door of AC Transit buses, the District suspended fare collection in conjunction with the rear-door boarding mandate. Despite efforts to reimplement fare collection within six months, the free fare period ran until October 19, 2020, four weeks longer than six months. Accordingly, under FTA and District standards, this triggered the requirement to conduct a fare equity analysis.
Unfortunately, because staff believed the District would return to normal fare collection well before the six-month deadline, no fare equity analysis was conducted during that time. This report is intended to correct that oversight.
Following Board policy, staff conducted a Title VI fare equity analysis in January 2021. Because the benefit of the fare change - a no-cost transit ride - was extended to all riders, and because there were no adverse effects associated with the fare change, the fare equity analysis (contained in Attachment 1) finds that no discriminatory effects were associated with the free fare offered by AC Transit between March 23 and October 18, 2020.
Staff believes no additional analysis is required under federal regulations or District policy concerning this fare change. Going forward staff will more closely track the timing and implementation of temporary fare changes, to ensure that any change that runs the risk of lasting longer than six months will be analyzed for equity and such findings presented to the Board in advance.
ADVANTAGES/DISADVANTAGES:
The advantage of receiving this analysis is that it assists the Board in making informed decisions about equity implications of fare changes, assures the public that the Board is considering civil rights and environmental justice when implementing fare changes, and responds to federal civil rights and environmental justice requirements. There is no disadvantage to approving the analysis.
ALTERNATIVES ANALYSIS:
One alternative to last year’s suspension of fare collection would have been to continue collecting fares at the front door of the bus. Such an action would have brought riders and operators in close proximity before protective barriers and other health and safety measures were in place, against public health recommendations, so was not recommended.
Another alternative would have been to require all riders to pay their fare using electronic, i.e. Clipper card or mobile app, payment methods during the period from March to October since electronic payment reduces interactions with the operator. This alternative would have reduced the ability of riders who pay with cash to ride the bus, and since cash payers are more likely to be members of Title VI-protected populations, staff believes such an action would have been inequitable. This alternative also would have required riders to board at the front of the bus before health and safety measures were in place, putting Operators’ and riders’ health and safety at risk.
PRIOR RELEVANT BOARD ACTION/POLICIES:
None
ATTACHMENTS:
1. Title VI Fare Equity Analysis of 2020 Suspension of Fare Collection
Prepared by:
Sally Goodman, Title VI Program Administrator
In Collaboration with:
Julia Kocs, Marketing & Communications Manager
Approved/Reviewed by:
Lynette Little, Director of Civil Rights & Compliance
Chris Andrichak, Acting Chief Financial Officer
Jill A. Sprague, General Counsel