Public Participation Methods In The Transportation Planning Process for the Baltimore Region
October 1994
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PUBLIC PARTICIPATION IN THE PLANNING PROCESS
FOR THE BALTIMORE METROPOLITAN REGION
Victor Bonaparte
Chairman
Baltimore Metropolitan Planning Organization
Harvey S. Bloom
Director
Transportation Planning
Gene Bandy
Assistant Director
Brian K. Betlyon
Assistant Director
Leslie J. Wright-Small/Klaus Philipsen
Authors
October 1994
Produced under the auspices of the Transportation Steering Committee,
the Metropolitan Planning Organization for the Baltimore Region.
Developed by the Baltimore Metropolitan Council
601 North Howard Street, Baltimore, Maryland 21201
BALTIMORE METROPOLITAN PLANNING ORGANIZATION
TRANSPORTATION STEERING COMMITTEE
RESOLUTION #95-4
ADOPTION OF PUBLIC PARTICIPATION PROCEDURES
FOR TRANSPORTATION PLANNING ACTIVITIES CONDUCTED
BY THE BALTIMORE METROPOLITAN PLANNING ORGANIZATION
WHEREAS, the Transportation Steering Committee, as the Metropolitan
Planning Organization, has responsibility for preparing and approving
metropolitan transportation planning work activities for-the Baltimore
region; and
WHEREAS, the Transportation Steering Committee is charged with
implementation of the requirements as stipulated in the Intermodal
Surface Transportation Efficiency Act of 1991; and
WHEREAS, the Intermodal Surface Transportation Efficiency Act
legislation directs metropolitan planning organizations to develop a
proactive public participation process that provides for the timely
input of the region's citizenry in the deliberation of transportation
decisions; and
WHEREAS. the Baltimore Metropolitan Planning Organization has
developed procedural guidelines to inform the general public of
opportunities to voice their concerns, methods of public involvement,
and requirements for notice of meetings and comment periods; and
WHEREAS, the Transportation Steering Committee intends to govern all
future public participation activities based on the adopted procedures,
until such time that they may be amended.
NOW, THEREFORE, BE IT RESOLVED that the Transportation Steering
Committee, as the Metropolitan Planning Organization for the Baltimore
region, approves the public participation procedures document as the
formal process which meets the spirit of the law and the expectations of
the general public.
I HEREBY CERTIFY that the Transportation Steering Committee as the
Metropolitan Planning Organization for the Baltimore Region approved the
aforementioned resolution at its September 27, 1994 meeting.
Date Victor Bonaparte
Transportation Steering Committee
TABLE OF CONTENTS
PAGE
A. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . 1
B. BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. OBJECTIVES. . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. BALTIMORE MPO ACTIVITIES PRIOR TO THE ADOPTION OF A FORMAL
PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
E. METHODS OF PUBLIC INVOLVEMENT . . . . . . . . . . . . . . . . 6
F. GUIDELINES FOR SPECIAL PUBLIC MEETINGS AND COMMENT PERIODS. . 7
G. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . 9
APPENDICES
APPENDIX 1: EXCERPTS FROM THE CODE OF FEDERAL REGULATIONS.11
APPENDIX 2: CITIZENS ADVISORY COMMITTEE. . . . . . . . . .17
APPENDIX 3: ACRONYMS . . . . . . . . . . . . . . . . . . .19
A. INTRODUCTION
The Baltimore Metropolitan Planning Organization (MPO) has established
procedures to comply with requirements of the federal Intermodal Surface
Transportation Efficiency Act (ISTEA) regarding public participation in
transportation planning.
Section E sets forth the adopted methods of public participation in the
transportation planning process for the Baltimore region. The remaining
sections reveal the primary pieces of legislation that has set the stage
for public involvement in the planning stages of transportation,
objectives of a sound public involvement process, and methods of public
involvement exercised by the Baltimore MPO prior to the adoption of a
formal public involvement process.
The Baltimore MPO understands that transportation choices are very
important to the shaping of one's life; with this in mind, this process
includes all interested parties, greatly considers their input, and
provides the necessary information in comprehensible terms. Forming a
partnership with the public is essential to ensuring that transportation
systems serve the needs of the region. The procedures adopted can help
boost public understanding and support for projects and techniques that
improve transportation networks.
A draft copy of this paper was distributed to all interested parties for
review. The MPO solicited comments regarding the procedures found in
section E of this paper during a 45-day public comment period and
conducted a public meeting at the end of the comment period (Refer to
Appendix 1).
B. BACKGROUND
There are three major pieces of federal legislation which have outlined
requirements for public participation in transportation planning:
1 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)
ISTEA was passed as a means to develop a National Intermodal
Transportation System. The MPO for the Baltimore region is the
Transportation Steering Committee (TSC), a body of officials
representing the Cities of Annapolis and Baltimore, the counties
of Anne Arundel, Baltimore, Carroll, Harford, and Howard and the
Maryland Departments of Transportation, Environment and Planning.
Each MPO must develop a long-range (minimum 20 years) plan and a
short-range (minimum 3 years) transportation improvement program
(TIP) for their metropolitan planning area. ISTEA shifts some
responsibility for transportation planning from the state to the
regional and local levels and requires transportation planners to
consider alternatives to constructing roads including: transit,
transportation management, high occupancy vehicle facilities,
park-and-ride lots, biking, walking, and intermodal connectors.
Federal rules and regulations (Refer to Appendix 1) specify that
the MPO must facilitate public involvement in regional
transportation planning and programming operations by providing
the opportunity for public input into the decisionmaking process
of:
- The Regional Long-Range Transportation Plan
- The Transportation Improvement Plan (TIP)
- Major Amendments to the Long-Range Plan or TIP
2
- Other Milestones in the Transportation Planning Process (i.e.
change in federal legislation, major investment corridor studies,
major amendments to the public participation process, etc.)
Federal rules and regulations also stipulate (Refer to Appendix 1),
that the long-range plan must be reviewed and updated at least
triennially; the TIP must be updated at least biennially.
2. Clean Air Act Amendments of 1990 (CAAA)
CAAA was devised to strengthen controls on acid rain, urban air
pollution, and toxic air emissions. There is a well defined link
between ISTEA and CAAA. ISTEA established requirements on state and
local level planning to guarantee consistency with the CAAA.
3. Americans With Disabilities Act of 1990 (ADA)
ADA requires specific public participation for the paratransit plan
as well as the paratransit update plan. ADA grants the disabled
community and other concerned parties the opportunity to contribute
to the development and enhancement of paratransit. Federal rules and
regulations state specific activities must take place to involve the
disabled in paratransit planning and implementation. (Refer to
Appendix 1) To comply with ADA, transportation planners must allow
for input from individuals with disabilities during the
transportation planning stages of all public transportation services.
(Refer to Appendix 1)
3
C. OBJECTIVES
Public participation has three primary objectives:
1 To gather information from the public
Information gathering enables planners to more clearly define the
demands and needs of the public so that the transportation system can
better accommodate those who utilize and/or are impacted by the
system. In this context, the term public may include neighborhood
associations, environmental organizations, private transportation
providers, academic institutions, businesses, associations involved
in transportation management, planning organizations, users and
providers of mass transit, advocacy groups, the disabled, elderly,
minorities, bicyclists, and many other concerned parties.
2. To inform the public
Informing the public enables the MPO to provide information on the
technical, financial and legislative aspects of the region's
transportation system. The availability of clear, accurate and
complete information presented for public review early and often can
help alleviate the tension between the public and transportation
officials.
3. To develop a better transportation product Developing a better
product will be the result of continuous participation, making
government more accountable and helping in avoiding confrontation and
litigation in the final stages of transportation planning.
4
D. BALTIMORE MPO ACTIVITIES PRIOR TO THE ADOPTION OF A FORMAL PROCESS
In response to the "interim' ISTEA guidance for metropolitan planning,
the Baltimore MPO exercised the following public outreach techniques
prior to the adoption of a formal process:
- created a Citizens Advisory Committee;
- conducted outreach campaigns to assist in the development of both
the 1993 Regional Long-Range Transportation Plan and the 1994-1998
TIP; and,
- set aside a portion of its regularly scheduled monthly meetings to
facilitate public comment.
5
E. METHODS OF PUBLIC INVOLVEMENT
The three methods of public involvement adopted by the Baltimore MPO are
as follows:
1. Public meetings
Public meetings and comment periods occur at milestones in the
planning process. Section F is an outline of the major stages of
the public participation process that serves as a model for all
phases of adopting and amending the Long-Range Plan and TIP.
2. Newsletter
A newsletter geared to keeping the public apprised of the current
status of regional transportation planning issues is published
regularly and is distributed to all interested groups and
individuals. It covers many different aspects of transportation
and provides information about the work activities of the MPO,
ISTEA and other transportation related legislation and public
meetings.
3. A Citizens Advisory Committee
The Citizens Advisory Committee (CAC) consist of community and
business representatives as well as various user groups involved
in transportation. Its membership represents a broad geographic
range within the region. The committee meets regularly and
provides for ongoing public input and education in understanding
the technical and legislative issues in transportation planning.
(Refer to Appendix 2)
6
F. GUIDELINES FOR SPECIAL PUBLIC MEETINGS AND COMMENT PERIODS
1 Need for public meetings To seek public comment on:
- Transportation Improvement Program and updates (annually)
- Long-Range Transportation Plan and Updates (every 3 years)
- Reviewing planning assumptions and the Plan development process
(annually)
- Plan amendments
- Other major events or changes for transportation planning (i.e.
change in federal legislation, major amendments to the public
participation process, major investment corridor studies, etc.)
2. Advertisement for public meetings and comment periods
- Public notice in major newspapers
- Additional methods as appropriate including:
brochures, flyers, newsletters, visual aids, press releases,
public service announcements, press conferences, direct
mailings, etc.
- Send notices to communities and/or community leaders requesting
such special notice.
3. Public meeting sites
- Conduct meetings in locations accessible to people with
disabilities
- Conduct meetings in locations central to the community
4. Public comment period
- Disseminate notices one week prior to the beginning of the public
comment period including:
when and where a draft document will be available to the public
- Minimum of 30 days
- Deadline: one week following the public meeting
5. Public meeting activities
- Technical presentation of draft materials (Plan, TIP, major
amendments, etc.)
7
- Oral and written testimony received
6. Follow-up Activities
- Review and respond to written comments
- Prepare a summary of all comments and incorporate appropriate
comments into final documents and the summary into the appendices.
Include in the summary information sufficient to indicate response
to comments received.
- Forward comments of a specific nature to appropriate agencies for
action.
8
G. CONCLUSION
The MPO acknowledges the need for and value of soliciting input from the
public throughout the regional transportation planning process. The MPO
believes such involvement makes the region more able to produce short
and long-range transportation plans that serve the needs of all
interested parties. As a result, the MPO has adopted by resolution
procedures and guidelines for assuring continued public involvement.
9
APPENDICES
APPENDIX 1
EXCERPTS FROM
THE CODE OF FEDERAL REGULATIONS (CFR)
REGARDING PUBLIC PARTICIPATION
Federal Regulations Pertaining to the Implementation of the Americans
With Disabilities Act
Note: The following section, 49 CFR
37.137(b) (c), is referred to in
part B page 3 of this document. This
section deals with paratransit plans
and paratransit plan updates.
49 CFR 37.137 (b) Public Participation. Each
submitting entity shall ensure public
participation in the development of
its paratransit plan including at
least the following:
1) Outreach
2) Consultation with individuals
with disabilities
3) Opportunity for public comment
4) Public hearings
5) Special requirements. If the
entity intends to phase-in its
paratransit services over a multiyear
period, or request a waiver based on
undue financial burden, the public
hearing shall afford the opportunity
for interested citizens to express
their views concerning the phase-in,
the request and -which service
criteria may be delayed in
implementation.
(c) Ongoing requirement. The entity
shall create an ongoing mechanism for
the participation of individuals with
disabilities in the continued
development and assessment of
services to persons with
disabilities.
11
Note: The following section, 4-9 CFR
37.41 and 37.73, is referred to in
part B page 3 of this document. This
section deals with all public
transportation services.
49 CFR 37.41 A public entity shall construct any
new facility to be used by providing
designated public transportation
services so that the facility is
readily accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs.....
49 CFR 37.73(a) Each public entity operating a fixed
route system purchasing or leasing,
after August 25, 1990, a used bus or
other used vehicle for use on the
system, shall ensure that the vehicle
is readily accessible and usable by
individuals with disabilities,
including individuals who use
wheelchairs.
Federal Regulations Pertaining to the Implementation of the Intermodal
Surface Transportation Efficiency Act
Note: The following section, 23 CFR
450.316(b), is referred to in part A
page 1 and part B page 2 of this
document. This section clearly
defines the extent of public
involvement in the region's
transportation planning process.
23 CFR 450.316(b) 1) Include a proactive public
involvement process that provides
complete information, timely public
notice, full public access to key
decisions and supports early and
continuing involvement of the public
in developing plans and TIPs and
meets the following requirements and
criteria:
12
i) require a minimum public comment
period of 45 days before the public
involvement process is initially
adopted
ii) provide timely information about
transportation issues and processes
to citizens, affected agencies,
representatives of t r a n s p o r t
a t i o n agency employees, private
providers of transportation, other
interested parties and segments of
the community affected by
transportation plans, programs and
projects (including but not limited
to central city and local
jurisdiction concerns);
iii) Provide reasonable public
access to technical and policy
information used in the development
of plans and TIPs and open public
meetings where matters related to
federal-aid highway and transit
programs are being considered;
iv) Require adequate public notice
of public involvement activities and
time for public review and comment at
key decision points, including but
not limited to, approval of plans and
TIPs;
v ) Demonstrate explicit
consideration and response to public
input received during the planning a
n d program development processes;
vi) Seek out and consider the needs
of those traditionally underserved by
existing transportation systems,
including but not limited to low-
income and minority households;
13
vii) When significant written and
oral comments are received on the
draft transportation plan or TIP
(including the financial plan) as a
result of the public involvement
process or the interagency
consultation process required under
the U.S. EPA's conformity
regulations, summary, analysis, and
report on the disposition of comments
shall be made part of the final plan
and TIP;
viii) If the final transportation
plan or TIP differs significantly
from the one which was made available
for public comment by the MPO and
raises new material issues which
interested parties could not
reasonably have foreseen from the
public involvement efforts, an
additional opportunity for public
comment on the revised plan or TIP
shall be made available.
ix) Public involvement processes
shall be periodically reviewed by the
MPO in terms of their effectiveness
in assuring that the process provides
full and open access to all;
x) These procedures will be reviewed
by the FHWA and FTA during
certification reviews for TMAs and as
otherwise necessary for all MPOs, to
assure that full and open access is
provided to MPO decisionmaking
processes;
xi) Metropolitan public involvement
processes shall be coordinated with
statewide public involvement
processes whenever possible to
enhance public consideration of the
14
issues, plans and programs and reduce
redundancies and cost.
Note: The following section was
referred to in part B page 2 of this
document. This section points out a
few specifics dealing with the long-
range plan.
23 CFR 450.322(a) The metropolitan transportation
planning process shall include the
development o f a transportation plan
addressing at least a 20 year
planning horizon. The plan shall
include both long and short-range
strategies/actions that lead to the
development of an integrated
intermodal transportation system that
facilitates the efficient movement of
people and goods. The transportation
plan shall be reviewed and updated at
least triennially in nonattainment
and maintenance areas and at least
every five years in attainment areas
to confirm its validity and its
consistency with current and
forecasted transportation and land
use conditions and trends and to
extend the forecast period. The
transportation plan must be approved
by the MPO.
Note: The following section is
referred to in part B page 2 of this
document. This section points out a
few specifics dealing with the TIP.
23 CFR 450.324(b) The TIP must be updated at least
every two years and approved by the
MPO and Governor..... Although
metropolitan TIPs, unlike statewide
TIPs, do not need to be approved by
the FHWA or the FTA, copies of any
15
new or amended TIPs must be provided
to each agency. Additionally, in
nonattainment and maintenance areas
for transportation related
pollutants, the FHWA and the FTA, as
well as the MPO, must make a
conformity determination on any new
or amended TIPs (unless the amendment
consists entirely of exempt projects)
in accordance with the Clean Air Act
requirements and the EPA conformity
regulations(40 CFR part 51).
16
APPENDIX 2
CITIZENS ADVISORY COMMITTEE (CAC)
A. Set Up of a New CAC for the Long-Range Plan Update
The CAC was established to facilitate ongoing public participation
during the Long Range Transportation Plan development process in
response to the requirements of the ISTEA regulations. The former CAC
expressed a strong desire to be involved in the Long-Range Plan update.
The long-range transportation Plan update phase provides the opportunity
to re-visit the CAC and implement some organizational improvements to
the set up and procedures.
1. Member Mix
Membership in the CAC is open to any interested individual or
organization. In order to remain on the active membership list,
members may not be absent for more than two of any five
consecutive CAC meetings.
2. Size
There is no limit on the size of the CAC.
3. Function
The CAC is an official committee reporting directly to the TSC.
4. Meetings
The CAC meets on a monthly basis.
5. Staff Support
The CAC receives limited support from BMC staff.
6. Relationship to TSC
The CAC is represented at each TSC meeting to report on the work
or findings of the CAC. The CAC membership receives any data
reports, etc. published and sent to TSC members.
7. Work Plan
The work plan for the CAC is adopted at the beginning of its
sessions with clearly defined goals and benchmarks.
8. Relationship to other Groups and Committees
The CAC advises the TSC and its subcommittees (such as the
Technical Committee and the Land Use Subcommittee). The CAC
work should be closely tied to the submittal and review process
and other "outside
17
world" constraints to remain practical and firmly grounded. The
CAC should have close contact with the committees resulting from
the Maryland Economic Growth, Resource Protection and Planning
Act of 1992.
The process of establishing the new CAC will be initiated
immediately with the objective to capitalize on the momentum and
motivation of the 1993 CAC.
B. Charges for CAC
1. Scope
The CAC is charged to consider transportation issues in the
Baltimore metropolitan region.
C. Summary
The CAC provides a continuous means of public participation and
outreach. It is therefore a cornerstone of the public participation
process mandated by ISTEA.
18
APPENDIX 3
TRANSPORTATION ACRONYMS
ADA The Americans With Disabilities Act of 1990
BMC Baltimore Metropolitan Council
CAAA Clean Air Act Amendments of 1990
CAC Citizens Advisory Committee
CFR Code of Federal Regulations
EPA Environmental Protection Agency
FHWA Federal Highway Administration
FTA Federal Transit Administration
ISTEA Intermodal Surface Transportation Efficiency Act of 1991
MPO Metropolitan Planning Organization
TIP Transportation Improvement Program
TMA Transportation Management Area
TSC Transportation Steering Committee
19