The controversial Oakland Airport Connector project may be delayed, and possibly derailed, by a civil rights complaint filed by three Oakland social justice groups.

In a Jan. 15 letter, the head of the Federal Transit Administration (FTA) said the agency would withdraw $70 million in crucial stimulus funding for this project unless BART and the Metropolitan Transportation Commission (MTC) can -- by March 5 -- prove that the Connector would benefit poor people, too. This came in response to a federal complaint filed by Urban Habitat, TransForm, and the interfaith group Genesis.

In this City Translator article, Oakland Local shows how this happened, and considers what might happen from here. Could that $70 million go to fund other local transit needs?...

The $500 million Airport Connector project would construct an above-ground rail link in East Oakland between the Coliseum BART station and Oakland International Airport. Currently this route is served by AirBART, a shuttle bus that charges $3 cash each way for the trip. A ride on the Connector could cost as much as $6 each way -- plus that $500 million, of course.

Even though federal stimulus funds (from the American Recovery and Reinvestment Act of 2009) represent less than 15% of the Connector's total price tag, the FTA decision is a significant setback for the project. If the local transit authorities can't convince the federal government that this project is not discriminatory, it's possible that state and local agencies (which would be footing most of the Airport Connector bill, and which are already tight on funds) might delay or cancel the Connector.

THE CIVIL RIGHTS COMPLAINT AGAINST BART/MTC

On Sept. 1, 2009, Public Advocates Inc., the attorneys working for Urban Habitat, TransForm, and the interfaith group Genesis submitted to the FTA the following civil rights complaint about the Connector project. (Yesterday, Urban Habitat blogged on Oakland Local about this complaint.)

Note that this process is not a "lawsuit," as such. It's strictly a government agency matter -- not a court case. Even so, it's had a powerful effect.

Here's the complaint document. Below, Oakland Local summarizes a few key points.

FTA TitleVI Complaint 09109 Final 0

COMPLAINT HIGHLIGHTS:

• Law. The groups claim the Connector project violates Title VI of the Civil Rights Act of 1964 -- the landmark federal legislation that prohibits discrimination based on "race, color, and national origin" in programs and activities that receive federal funds.
• BART skipped required equity analysis. The Civil Rights Act required BART to "analyze the equity impacts of the service and fare changes" of the Connector. This would include "discriminatory impacts on minority and low-income populations." Instead, BART relied on "grossly outdated" environmental impact statement from 2002, "when the project's capital cost was estimated at $229.6 million, and included two intermediate stops and a fare of $2"; and also on a 2007 report that didn't address the Conector at all.
• No benefit to low-income nearby residents and airport workers. "Situated in an East Oakland community with a very high minority and low-income population, the OAC will traverse a corridor with many low-wage jobs that employ local residents -- yet it will apparently be built without any intermediate stops. Even if such stops were added in the future, its extremely high fare [would deter] low-income riders.
• Cutting off transit options. The No. 50 bus currently serves the Coliseum BART station and the airport, at a cost of $2. However, AC Transit may be drastically slashing service on that route as it struggles with fiscal crisis. Plus, when the Connector is finished, AirBART shuttle bus service would be discontinued. Furthermore, "Despite numerous requests from community members, BART has refused even to study a proposed Bus Rapid Transit alternative that would cost only $60 million to build, would include an intermediate stop, and would be free, or low-cost, to riders."
• Wasting money. The Connector's "massive capital cost... will drain scarce funds... that could otherwise provide operating and capital assistance for low-cost transit on which East Oakland residents rely very heavily to access employment, education and other essential opportunities."
• Skewed time savings estimate. BART justified the Connector mainly based on estimated time savings for riders. However, these estimates were based on traffic conditions before significant improvements were made to Hegenberger Road, 98th Avenue, Airport Drive, and airport terminals. Compared to today's traffic around the airport, the Connector wouldn't save riders nearly as much time. Plus, BART removed from the plan time-saving features such as a direct connection to terminals.
• Rider estimates shrank drastically. In 2002 BART estimated the Connector would serve 13,540 riders daily. More recent estimates indicate ridership as low as 3,890 per day.

FTA'S LETTER TO BART: (CUE OMINOUS MUSIC...)

Here is the Jan. 15 letter from the FTA's top boss, Administrator Peter M. Rogoff, announcing his agency's decision to withdraw stimulus funding for the Connector unless BART shapes up fast in terms of civil rights compliance.

Below the document, Oakland Local points out a few highlights:

FTA Letter to MTC and BART 1-15-10

FTA LETTER HIGHLIGHTS:

• Yep, BART did skip the equity analysis. FTA agrees with the groups' contention that BART failed to analyze likely impacts to low-income residents and riders. That's a huge no-no.
• Other local transit projects may get the stimulus money -- or not. If BART and MTC decide not to try to get the Connector into compliance with Title VI, they'll have to reallocate that $70 million "to alternative projects within the Bay Area.

  ...However, farther down the letter notes: "If BART were to fail... FTA would have to de-allocate the funds for the [Connector] and would be prohibited by law from re-obligating those funds to alternative projects in the San Francisco Bay Area. (Emphasis original.)

  So it's unclear, at this point, whether local transit could gain access to this much-needed money. We could sure use it -- to help prevent drastic AC Transit bus service cuts, to deploy a Bus Rapid Transit system, and otherwise improve local mass transit for everyone (not just save airport travelers and commuters a little time.)

• What BART must do to fix things. By March 5, BART must deliver to FTA an appropriate and complete equity analysis of the Connector project. Also by that deadline, BART must submit an implementation strategy for mitigating any equity harm the Connector might cause.
• Spending brakes. If BART manages to meet FTA's requirements, it could rescue the Connector's stimulus funding. But there would be new strings attached. BART could not actually spend any of that money until it "completes the action plan, implements any mitigation measures, and fully [complies with Title VI]."

BART RESPONSE: NOTHING TO WORRY ABOUT

In a Jan. 20 press release, BART summarized the FTA chief's letter as merely "asking for further analysis of the Oakland Airport Connector project’s impact on minority communities."

And, rather than acknowledge that FTA threatened to pull the stimulus funds, BART said that FTA "invited BART to complete the steps to secure award of $25 million in federal New Starts funding and award of $70 million in stimulus funds."

Interestingly, BART also claims: "At the time, there was no mention that additional documentation was needed [from BART]."

...Yet, further down BART admits: "FTA’s 11th hour requirement for further Title VI analysis places additional hurdles prior the award of Stimulus funds."

There is no mention of the March 5 deadline.

WHERE'S THE REST OF THE CONNECTOR FUNDING COMING FROM?

Despite the current flap over federal stimulus funds, the vast majority (about 85%) of the $500 million needed to build the Airport Connector is supposed to come from state and local agencies -- which are already scrambling for money for core transit services.

Here's how BART explains the Connector funding:

"The total project budget for the BART Oakland Airport Connector Project is approximately $500 million in 2009 dollars. The entire project has been a collaborative partnership between BART, the Federal Transit Administration, the Alameda County Transportation Improvement Authority (ACTIA), the Alameda County Congestion Management Agency (ACCMA), the Metropolitan Transportation Commission (MTC), California Department of Transportation (Caltrans), the City of Oakland and the Port of Oakland. The funding plan for the project is as follows:

Source of Funds (Millions)

• $89M from Alameda County Transportation Improvement Agency (ACTIA) sales tax
• $44M from Port of Oakland
• $21M from State Transportation Improvement Program (STIP)
• $31M from Regional Measure 1 (1988 Bridge Toll)
• $78M from Regional Measure 2 (2004 Bridge Toll)
• $20M from MTC SLLP: Resolution 3434
• $50M from Seismic Under runs (reallocated Regional Measure 2)
• $70M from American Recovery and Reinvestment Act of 2009 (ARRA)
• $25M from Federal Transit Administration: Public Private Partnership Pilot Program

Total Committed Public Funding: Approximately $430M*

(*Editor's note: BART's version of the Connector funding plan is a bit outdated. According to BART's info, BART hadn't quite figured out where the Connector's last $70 million was coming from. In July 2009 the MTC apparently shifted $70 million from other regional transportation budgets to bridge the Connector's budget gap.

WHAT DO YOU THINK?

• Is holding onto this $70 million in stimulus money worth going ahead with the project?
• Should BART back down and let go?
• Is it time to take a look at how BART could fail to follow established processes in filing for this grant? Could this be part of a pattern for BART?
• Might this have gone down differently for BART if they'd had some citizens on their board as community representatives, like the Port of Oakland does with their Commissioners?

We welcome your thoughts, folks. Please comment below.

-- This City Translator article was written by Oakland Local senior editor Amy Gahran, with assistance from Susan Mernit. Disclosure: Susan Mernit lives with an Urban Habitat staff member, but they never discussed this. Urban Habitat and TransformCA are Oakland Local community partners/members and have posted to OL.