Draft MTP/SCS Comments Received - sacog

from SHA to SACOG re MTP/SCS 2035
Letter
9, 2012
January
Title II of the Americans with Disabilities Act of 1990;
4.
The Fair Housing Act;
5.
Executive Order 11063, as amended by Executive Order 12259 (Nondiscrimination and
6.
Opportunity in Housing); and
Equal
7. The Age Discrimination Act of 1974 (Nondiscrimination on the Basis of Age).
Additionally and importantly, SACOG warranted and certified as a
manner that affirmatively further fair housing", 2) to "ensure that employment, contracting
a
other economic opportunities generated by the [Grant] shall, to the greatest extent
and
HUD in its nondiscrimination and equal opportunity compliance activities that are
assist
to maintain and submit racial, ethnic, disability, and other demographic data pursuant
required
to HUD's nondiscrimination and equal opportunity regulations[.]"
(E J) communities. The framework section references Title Vl of the Civil Rights Act,
Justice
prohibits exclusion from participation, denial of benefits and discrimination under any
which
or activity receiving Federal financial assistance on the basis of race, color, national
program
gender, religion and disability, and related federal guidances, as well as Title Vl's broader
origin,
state law counterpart, Government Code Section 11135. MTP/SCS, pp. 8 1, 2.
California
this framework is very helpful in guiding SACOG and the public regarding SACOG's
While
with respect to EJ areas designated in the Plan, it might be misinterpreted to imply
obligations
Title VI and related laws apply only to the EJ areas, when this is not the case. Indeed,
that
need to... enhance their analytical capabilities to ensure that the long-range
"MPOs
plan and the transportation improvement program (TP) comply with Title VI."
transportation
1 and 2 of the Plan should also be listed on page 2-19 and Appendix G-5.
as SACOG is aware, as a recipient of the HUD Partnership for Sustainable
Finally,
Grant, it must complete a Regional Fair Housi•ng Equity Assessment ("RFHEA").
Communities
See HUD OSHC Terms and Conditions for FY 2010 NOFA, pp. 17 18.
condition of receiving
the HUD Sustainable Communities Regional Planning Grant funds to administer its grant; 1)
"in
be directed to low- and very low-income persons pursuant to Section 3 of Housing
feasible,
Urban Development Act of 1968" and implementing regulations, and 3) "to cooperate and
and
at the beginning of Chapter 8 on Equity and Choice, the MTP/SCS sets forth a
Laudably,
framework for planning for and addressing the needs of•the, region's Environmenta
legal
[emphasis added] 4.
Accordingly, Title Vl and the related laws, regulations set forth on pages g
The required components of this assessment are detailed below.
The obligation to prepare this
4Federal Highway Administration,
An Overview of Transportation and Environmental Justice at
http://www.polic¥1ink.orR/site/c.lklXLbMNJrE/b.7843037/k.B35B/Equit¥ Summit
2011.htm.
Page 154 of 165