Oakland Airport Connector stripped of $70 million in equality row
By UNCLLS payday loans
Sunday, 14 Feb 2010 02:58
The problems for the Oakland Airport Connector (OAC) started after the FTA received a formal complaint in September 2009, alleging that BART failed to complete a service equity analysis for the project.
First the FTA gave BART a chance to fix the problem and deliver an action plan detailing how it will come in to compliance with the requirements of Title VI of the Civil Rights Act.
But in the Friday’s letter the FTA stated that there is simply not enough time to meet the requirements.
“Since my letter of 15 January, FTA staff and BATY have worked diligently but unsuccessfully on the development of a corrective action plan that might be acceptable. <…> I am required to reject your plan for the following reasons. Based on the timelines submitted by BART, there is no way the agency can come into full compliance with Title VI by 30 September 2010. The requirement of ARRA dictate that any funds not disbursed by 30 September 2010, must be lapsed back to the Treasury. And since I cannot allow BART to draw any funds for the OAC project prior to coming into full compliance, it is clear that pursuit of the OAC project would result in the funds either being reallocated our the Bay are or lapsed. Both scenarios are unacceptable to me as I am sure they are to you”, said FTA Administrator Peter Rogoff in the letter.
The Federal Register (Vol. 79, No. 42) of 5 March 2009 states that ARRA funds need only to be awarded to specific project by that date. Grant recipients have five years to draw down, or spend these federal funds.
“BART is extremely disappointed and dismayed that FTA will not use its discretion to allow stimulus funding to the Oakland Airport Connector while BART is working to remedy Title VI deficiencies,” said BART General Manager Dorothy W. Dugger.
“Longtime opponents of this project are using the Civil Rights Act to stop the Oakland Airport Connector project and the thousands of jobs it will bring to this region, many of which would be held by minority workers. Access to jobs is also a Civil Rights issue. The OAC contractor has committed that 20 percent of the construction work and 33 percent of the professional services work will go to Disadvantaged Business Enterprises,” Dugger added.
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First the FTA gave BART a chance to fix the problem and deliver an action plan detailing how it will come in to compliance with the requirements of Title VI of the Civil Rights Act.
But in the Friday’s letter the FTA stated that there is simply not enough time to meet the requirements.
“Since my letter of 15 January, FTA staff and BATY have worked diligently but unsuccessfully on the development of a corrective action plan that might be acceptable. <…> I am required to reject your plan for the following reasons. Based on the timelines submitted by BART, there is no way the agency can come into full compliance with Title VI by 30 September 2010. The requirement of ARRA dictate that any funds not disbursed by 30 September 2010, must be lapsed back to the Treasury. And since I cannot allow BART to draw any funds for the OAC project prior to coming into full compliance, it is clear that pursuit of the OAC project would result in the funds either being reallocated our the Bay are or lapsed. Both scenarios are unacceptable to me as I am sure they are to you”, said FTA Administrator Peter Rogoff in the letter.
| In response to the letter BART issued a statement, saying that the basis of the FTA Administrator’s rejection rests solely on the fact that BART’s plan contains a timetable with an end date beyond 30 September 2010 - the deadline for awarding stimulus fund grants. According to BART, their original draft action plan, which was submitted to the FTA on 28 January committed to complete all required tasks well before 30 September 2010, but following its review, FTA staff directed BART to plan for a longer timetable. |
“BART is extremely disappointed and dismayed that FTA will not use its discretion to allow stimulus funding to the Oakland Airport Connector while BART is working to remedy Title VI deficiencies,” said BART General Manager Dorothy W. Dugger.
“Longtime opponents of this project are using the Civil Rights Act to stop the Oakland Airport Connector project and the thousands of jobs it will bring to this region, many of which would be held by minority workers. Access to jobs is also a Civil Rights issue. The OAC contractor has committed that 20 percent of the construction work and 33 percent of the professional services work will go to Disadvantaged Business Enterprises,” Dugger added.
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But not all were disappointed with this decision. BART’s OAC opponent ‘A Better Connector, a coalition of transit, labor and social justice advocates who seek a better connector between BART and the Oakland Airport, celebrated FTA’s decision. |
Related Articles:
- Oakland Airport Connector is safe for a couple more weeks
- Oakland’s airport rail link under threat due to discrimination concerns
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