Whereas, Atlanta Regional Commission (ARC) distributed draft copies of its 2025 Regional Transportation Plan (RTP), FY 2001- FY 2003 Transportation Improvement Program (TIP) and Conformity Determination Report for comments on January 26, 2000; and

Whereas, on February 27, 2000, Georgians for Transportation Alternatives, Southern Environmental Law Center, Sierra Club, Georgia Chapter, Atlanta Bicycle Campaign, Environmental Defense, Southern Organizing Committee for Economic and Social Justice, Rainbow/PUSH Southern Regional Office, Save Atlanta’s Fragile Environment, African American Environmental Justice Network, Southwest Community Roundtable and Georgia Coalition for the People’s Agenda filed comments on the RTP, TIP and Conformity Determination requesting revision of the plans to comply with “federal transportation, air quality and civil rights laws and requirements”; and

Whereas, on February 28, 2000, the United States Environmental Protection Agency, Region 4, (USEPA) found the 2003 motor vehicle emission budgets (MVEB) contained in the October 28, 1999, attainment demonstration submitted by Georgia Environmental Protection Division (EPD) to be adequate for transportation conformity purposes; and

Whereas, on March 21, 2000, prior to adoption of the Plans by the ARC Board, the Federal Highway Administration, Georgia Division, and Federal Transit Administration, Region 4, identified “significant concerns” with the RTP and TIP affecting their ability to make a conformity determination that complies with the law. Those concerns include reliance by ARC on local governments implementing changes in zoning and land use policies in the Atlanta Region to reduce future emissions and transit use without adoption or commitments by those local governments for such changes, a lack of commitment and overstatement by ARC of local and federal revenue available for transit in the region, reliance by ARC of highway speeds that are outdated, and the lack of responsiveness to environmental justice concerns; and

Whereas, the Board of Directors of ARC approved and adopted its 2025 Regional Transportation Plan (RTP), FY 2001- FY 2003 Transportation Improvement Program (TIP) and Conformity Determination Report on March 22, 2000 for conformity determination purposes by the federal government; and

Whereas, on April 28, 2000, Georgians for Transportation Alternatives, Sierra Club, Southern Organizing Committee for Economic and Social Justice, Rainbow/PUSH Southern Regional Office, and Georgia Coalition for the People’s Agenda filed a Petition for Review with the United States Court of Appeals for the Eleventh Circuit requesting the Court to find that “USEPA’s action in approving the MVEB is not in accordance with law, or is arbitrary and capricious”; and

Whereas, the Georgia Regional Transportation Authority (GRTA) engaged independent consultants, PBS&J, URS Greiner, and Hagler Bailly, to collect data, analyze and provide conclusions on the validity and impact of the federal government’s concerns over the highway speeds and land use assumptions in the TIP. The study conducted by PBS&J determined modeled highway speeds have a significant and measurable impact on emissions estimates and conformity determination. The Hagler Bailly report concluded zoning and land use policies have a substantial effect on future emissions and vehicle miles traveled and, therefore, are an integral component of modeling conformity with the MVEB; and

Whereas, on May 1 and 2, 2000, GRTA held board meetings to allow public and official comments on the RTP and TIP. During the meetings officials from the federal government restated and confirmed their concerns with their ability to make a conformity determination that complies with the law because of land use assumptions, lack of fiscal constraint, modeled speeds and environmental justice issues in the RTP and TIP; and

Whereas, ARC provided additional information to FHWA, FTA, GDOT, GRTA, USEPA and EPD on May 5, 2000, regarding speed data received from the most recent study. The federal government has not commented on the adequacy of this new information to determine mobile source emissions and make conformity determinations. Federal acceptance of ARC’s speed data is a critical and necessary element for a conformity determination on the RTP and TIP; and

Whereas, until the federal government can make a determination that ARC’s RTP and TIP conform with the MVEB, the Atlanta Region will remain in a conformity lapse and needed improvements to the region’s transit and transportation system cannot proceed.

Now, Therefore, Be It Resolved By The Board Of The Georgia Regional Transportation Authority

THAT consideration of approval of the TIP is hereby deferred subject to satisfactory resolution of the federal government’s concerns with the RTP and TIP. In the interim, the Board of Directors of GRTA requests ARC to work with the respective local governments to answer and address the federal government’s concerns. Further, the Executive Director is directed to assist ARC, as appropriate, in addressing the federal government’s and region’s concerns with ARC’s Plans, and to work with the federal government to ensure it has the information necessary to make a conformity determination on the RTP and TIP that complies with law and will reinstate the region’s transportation conformity as soon as possible.

As part of the resolution of the land use and fiscal issues, ARC is requested to recommend to GRTA prior to our next meeting a program for implementation of the Regional Development Plan and for implementation of state and local funding requirements. ARC is requested to include in these recommendations enforcement milestones, a schedule for reaching those milestones, and a mechanism for linking transportation funding priorities and review of future TIPs to achievement of those milestones. ARC is further requested to provide a more comprehensive analysis of ARC’s planned approach to assuring the RTP and TIP comply with the Environmental Justice mandates of the USDOT.

So Resolved this _____ day of ___________________, 2000

 

JOEL H. COWAN
Chair

ATTEST:

H. SCOTT GREGORY, JR.
Legal Counsel