Equity Resources

The NFRMPO strives to ensure all members of the community have equal access to the resources and information developed by the North Front Range Metropolitan Planning Organization (NFRMPO). The NFRMPO has implemented policies and practices to address environmental justice within the transportation planning process, including the development of an  Environmental Justice Plan  in 2021. Over the past three years, additional guidance from the United States and State of Colorado governments have been enacted to continue to address equity and ensure the benefits of investments are shared and burdens dispersed equally.

This resource has been developed to provide information about the Federal and State requirements for equity considerations within the context of transportation planning and programming at the NFRMPO.

Bolded numbers next to text refer to references available at the bottom of this Story Map.

In January 2022, the United States Department of Transportation (USDOT) released the  Equity Action Plan  in response to  Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government  highlighting actions the USDOT can take to address equity within its programs.

USDOT defines equity as "the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons; Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality" (1).

The Equity Action Plan has four focus areas: wealth creation, power of community, interventions, and expanding access. Under each of these focus areas are specific actions which the USDOT will take to guide its equity advancement activities. Two of these actions directly impact the NFRMPO.

The outcome of the Power of Community focus area is that individuals and communities have greater voice in transportation decisions affecting them. To evaluate this, the USDOT has stated there should be an increase in meaningful and representative public participation engagements held by metropolitan planning organizations (MPOs) Transportation Improvement Programs (TIPs) in rural and urban communities. Additionally, the USDOT encourages MPOs to officially adopt a quantitative Equity Screening component in project selection and design.

The Interventions focus area states the outcome is to increase benefits from investments in the nation’s infrastructure for historically overburdened and underserved communities. One of the performance indicators for this focus area is to increase the number of new projects utilizing formula funds within the TIP in disadvantaged communities.

The Justice40 initiative was created in 2021 by Executive Order 14008, Tackling the Climate Crisis at Home and Abroad. Justice40 sets a goal of 40 percent of the benefits of certain federal investments flowing to disadvantaged communities.

“Through Justice40, USDOT will work to increase affordable transportation options, that connect Americans to good-paying jobs, fight climate change, and improve access to resources and quality of life in communities in every state and territory in the country. The initiative allows USDOT to identify and prioritize projects that benefit rural, suburban, tribal, and urban communities facing barriers to affordable, equitable, reliable, and safe transportation. Through Justice40, USDOT will also assess the negative impacts of transportation projects and systems on disadvantaged communities and will consider if local community leaders have been consulted in a meaningful way during the project’s development.” (2)

Justice40 areas are calculated for 2020 census tracts using demographic and environmental data to reflect disadvantage. Justice40 Disadvantaged Communities are identified based on an index of five component areas: transportation insecurity, environmental burden, social vulnerability, health vulnerability, and climate and disaster risk. Each of these components are summed into an Overall Score. A census tract will be considered disadvantaged if the overall index score places it in the 65 ^th  percentile or higher of all US census tracts (3).

Click the image to view the graphical representation of all the indicators (data) which are used to calculate each component score.

Scroll through the five maps to see the Justice40 communities and census tracts which are considered disadvantaged according to each component score.

The US DOT is in the process of revising the Equitable Transportation Community Explorer (ETCE), an online mapping application developed to support the Justice40 Initiative. Maps provided in this document use the data provided from the experimental ETCE tool as of March 31, 2023.

The four federal funding programs awarded through  NFRMPO Calls for Projects  are considered Justice40 covered programs (5). These funding programs are Carbon Reduction Program (CRP), Congestion Mitigation and Air Quality (CMAQ), Surface Transportation Block Grant (STBG), and Transportation Alternatives (TA).

USDOT discretionary grant applications, for which the NFRMPO and member agencies are eligible, consider Justice40 impacts for project evaluation. Additionally, per the USDOT, planning entities should consider Justice40 in the project selection process for the  Transportation Improvement Program (TIP) , development of the  Unified Planning Work Program (UPWP),  and  Long-Range Transportation plan  through key elements such as the public engagement processes and analysis and implementation of strategies which will provide benefits and reduce burdens to disadvantaged communities (6).

The ETCE tool was developed for use as a resource by agencies such as MPOs and State DOTs during planning activities. The tool was also developed to be used by the USDOT for consideration in funding and policy decisions where appropriate (7).

USDOT Justice40 Website:  https://www.transportation.gov/equity-Justice40 

USDOT Justice40 Resources:  https://www.transportation.gov/priorities/equity/justice40/resources 

Equitable Transportation Community Explorer (ETCE):  https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Applicant-Explorer/  (experimental)

ETCE Technical Documentation:  https://www.transportation.gov/priorities/equity/justice40/equitable-transportation-community-explorer-technical-documentation 

Disproportionately Impacted (DI) communities were established through Colorado House Bill  (HB) 21-1266: Environmental Justice Disproportionate Impacted Community was passed in 2021 and revised under HB 23-1233 in 2023. Colorado law defines a DI community as census block groups where

• More than 40% of the population are low-income (meaning that median household income is at or below 200% of the federal poverty line)
• 50% of the households are housing cost-burdened (meaning that a household spends more than 30% of its income on housing costs like rent or a mortgage)
• 40% of the population are people of color (including all people who do not identify as non-Hispanic white)
• 20% of households are linguistically isolated (meaning that all members of a household that are 14 years old or older have difficulty with speaking English)
• Census block groups that experience higher rates of cumulative impacts, which is represented by an EnviroScreen Score (Percentile) above 80. (8)

DI Communities are based on a two-part evaluation as stated in HB21-1266. First is a demographic evaluation of census block groups. A census block group where more than 40 percent of the population is low-income, housing cost-burdened, or people of color is considered to be a DI community. Within the bill, low-income means that median household income is at or below 200 percent of the poverty line, housing cost burdened means a household spends more than 30 percent of its income on housing costs, and people of color includes all people who do not identify as non-Hispanic white.

The second evaluation considers 35 indicators of environmental effects and make up the EnviroScreen Score. EnviroScreen is an online interactive mapping tool created by the Colorado Department of Health and Environment (CDPHE) along with a team from Colorado State University (CSU). The EnviroScreen Score is calculated using the 35 indicators which are grouped into two broad categories: Health & Social Factors and Pollution & Climate Burden. The score goes from 0 to 100, with the highest score representing the highest burden. The EnviroScreen score is a percentile, which is like a ranking. The number represents how many of the state’s counties, census tracts, or census block groups have a lower score than the area in question.

A census block group is considered a DI community by CDPHE either if it meets the criteria of the demographic evaluation or if it experiences higher rates of environmental impacts, which is represented by an EnviroScreen score above 80. (9)

Scroll through the maps to see the DI communities and census block groups which are considered disadvantaged according to each component score as calculated by CDPHE.

To assist in consideration of DI Communities, EnviroScreen was created to be an interactive online mapping and health screening tool for Colorado.  More information about how the tool was developed can be found in the  Colorado EnviroScreen v.1.0 Basic User Guide  and on the EnviroScreen website.

 Colorado Senate Bill (SB) 260 : Sustainability of the Transportation System states “A sustainable transportation system… addresses inequalities in transportation access and the increased exposure to transportation-related air pollution for communities, including disproportionately impacted communities, communities near major roadways, and, as documented in multiple peer-reviewed scientific studies, communities where many of the residents are Black or Hispanic” (10).

SB260 additionally outlines provisions for the Multimodal Transportation and Mitigation Options Fund (MMOF), a State funding source the NFRMPO awards to local agencies in the region. Colorado Revised Statues 43-4-1103 requires the Colorado Transportation Commission (TC) create a formula for distribution of MMOF funds to the fifteen Transportation Planning Regions (TPR) in Colorado. The percentage of DI populations within the TPR is one criterion used within the 2021 TC adopted formula (11).

Additionally, SB260 identifies DI communities as intended beneficiaries of the MMOF program, noting one of the goals of the MMOF program is to promote “[a complete and integrated multimodal transportation system that] benefits residents of rural and disproportionately impacted (DI) communities by providing them with more accessible and flexible public transportation services” (12).

The “ Rules Governing Statewide Transportation Planning Process and Transportation Planning Regions ” identifies requirements for MPOs to establish plans that meet Greenhouse Gas (GHG) reduction levels as well as the process for developing mitigation measures if a plan does not meet the required reduction levels. The Rules states mitigation measures will be weighted higher for measures located within DI communities to incentivize investments that provide more mobility options for DI communities. (13)

The Rules also state, in Section 4 outlining the requirements of regional transportation plans (RTPs), plans should include a discussion of impacts to minority and low-income communities and that the Statewide Transportation Plan should include an analysis of the impacts on DI Communities.

Colorado House Bill (HB) 21-1266:  https://leg.colorado.gov/bills/hb21-1266 

Colorado Senate Bill (SB) 260:  https://leg.colorado.gov/sites/default/files/2021a_260_signed.pdf 

Colorado Department of Health & Environment: Colorado EnviroScreen:  https://cdphe.colorado.gov/enviroscreen 

Environmental Justice (EJ) is ensuring disadvantaged populations do not face higher and more adverse impacts of public programs or projects than the rest of the population. There are three major principles of EJ, as outlined in Executive Order 12898: Federal Actions to Address Environmental Justice (EJ) in Minority Populations and Low-Income Populations (1994):

1. Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects
2. Ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.
3. Prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.

The Environmental Protection Agency (EPA) defines EJ as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” Federal Highway Administration (FHWA) expands on this definition by adding EJ “identif[ies] and address[es] disproportionately high and adverse effects of the agency's programs, policies, and activities on minority populations and low-income populations to achieve an equitable distribution of benefits and burdens.” (14)  

NFRMPO EJ areas are determined using American Community Survey (ACS) five-year averages at the census block group level. Using this data, a regional average for people who identify as minority and low income households is calculated. Each census block group in the region is then determined to be EJ if it exceeds the regional average for minority, low-income, or both. Unlike Justice40, which compares each census tract to all census tracts across the US, and the EnviroScreen tool which compares census block groups across the state of Colorado, the EJ areas calculated by the NFRMPO is a focused regional analysis. Comparing census block groups to a regional average allows for a more meaningful look at the areas in need within the NFRMPO region.

The map below shows EJ areas from the 2045 RTP using 2013-2017 ACS data and the EJ areas for the upcoming 2050 RTP using 2017-2021 ACS data. Move the slider between the two maps to see how EJ areas have changed. Census block groups colored in green qualify as EJ because they exceeded the regional average for either Low Income OR Minority, census block groups colored in magenta qualify as EJ because they exceeded the regional average for both Low Income AND Minority.

The NFRMPO creates new EJ area shapefiles for each set of ACS five-year averages. These shapefiles are available on the NFRMPO website and by request.

The EPA has developed an online mapping platform for environmental justice called EJScreen. EJScreen was developed to be a single, nationally consistent tool to be used by EPA, governmental partners, and the public. (15)

EJScreen presents three types of information:

1. Environmental indicators: Particulate Matter 2.5, Ozone, Diesel, Particulate Matter, Air Toxics Cancer Risk, Air Toxics Respiratory Hazard Index, Traffic, Proximity, Lead Paint, RMP Facility Proximity, Hazardous Waste Proximity, Superfund Proximity, Underground Storage Tanks, and Wastewater Discharge
2. Socioeconomic indicators: EJScreen includes a Demographic Index which is based on the average of low-income and people of color, and the Supplemental Demographic Index which is an average of five socioeconomic indicators: low-income, unemployment, limited English, less than high school education, and low life expectancy.
3. EJ/Supplemental indexes: An EJ index combines demographic factors (low-income population and people of color populations) with one of environmental indicators listed above.

EJScreen compares census block groups to the national average and the state average. (16) EPA’s EJScreen tool is publicly available and can be accessed below and at:  https://ejscreen.epa.gov/mapper/ . 

Environmental Justice is a federal requirement for all federal, state, and local agencies and has a legal basis in Title VI, Executive Order 12898, and the National Environmental Policy Act (NEPA). Under  23 CFR 450.316(a)(1)(vii)  an MPO shall seek out and consider “the needs of those traditionally underserved by existing transportation systems such as low-income and minority households who may face challenges accessing employment and other services” in the development of the MPO Public Participation Plan. (17)

In April 2021, the NFRMPO adopted the  2021 Environmental Justice (EJ) Plan  to create a framework for better integrating EJ and equity through the NFRMPO’s work. The plan outlined the existing EJ analysis and processes as well as ways in which those processes can be expanded upon.   

As the implementation of Executive Order 12898 and  DOT Order 5610.2(a) , the NFRMPO completes an analysis for all location-specific individual projects included in the Transportation Improvement Program (TIP). During  NFRMPO Calls for Projects  and for any new location-specific project amended to the NFRMPO TIP, project sponsors are required to complete an EJ Analysis worksheet. In addition to indicating short and long term anticipated burdens and additional anticipated benefits of the project, project sponsors are required to provide an overview of the outreach or public involvement which went into choosing the project, or any planned outreach for the project.

The Bipartisan Infrastructure Law (BIL) added a provision to the Surface Transportation Block Grant (STBG) and Transportation Alternatives (TA) federal funding programs requiring that the prioritization processes used by MPOs in competitive project selection must include consideration for project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, and other areas (18).

Executive Order 12898:  https://www.epa.gov/laws-regulations/summary-executive-order-12898-federal-actions-address-environmental-justice 

DOT Order 5610.2(a):  https://www.transportation.gov/sites/dot.gov/files/docs/mission/transportation-policy/environmental-justice/339501/dot56102a.pdf 

Colorado Department of Transportation National Environmental Policy Act (NEPA) Manual Chapter 9 – Resource Considerations:  https://www.codot.gov/programs/environmental/nepa-program/nepa-manual/09-chapter-9_v6_3-19-20.pdf 

NFRMPO Environmental Justice Plan:  https://nfrmpo.org/wp-content/uploads/2021-environmental-justice-plan.pdf 

EPA EJScreen:  https://www.epa.gov/ejscreen 

The NFRMPO has created an Equity Index of census block groups within the NFRMPO area which qualify as disadvantaged based on one or more equity areas. The Equity Index map illustrates the census block groups in the region which qualify as disadvantaged based on the overall Justice40, DI Community, or EJ definitions. Each qualifying census block group is given a score of one to three based on if it qualifies under one or more definition.

The Equity Index will allow for the NFRMPO to look more holistically at the disadvantaged areas within the region during the planning process. An example of how the equity index may be utilized is through the NFRMPO’s upcoming Call for Projects which will award Federal funding for Fiscal Years 2026 and 2027. Considerations for equity will be a requirement for prioritization of projects and determination of project funding under the evaluation criteria for certain funding programs. The Equity Index may be used to prioritize projects which will deliver benefits in the highest need areas of the region.

During the development of the  2021 EJ Plan , NFRMPO staff developed an index of additional populations within the North Front Range Region that should be considered with additional resources in the planning process. These indicators include:

• Limited English Proficiency
• Persons with disabilities
• persons over the age of 60
• Persons under the age of 18
• Zero-car households
• Female-headed households
• Unhoused populations

While not a requirement of analysis, many of the additional COCs identified in the EJ plan align with indicators provided in the Federal and State resources for identifying disadvantaged communities. The COCs mapped out by the NFRMPO allow a consideration of these populations at the regional level. Further documentation on how COCs have been identified in the NFRMPO region can be found in the  EJ Plan  (19).

The Multimodal Index was originally created by a multi-sector subcommittee of the Data Working Group, a group facilitated by the Built Environment team at Larimer County Department of Health and Environment in 2019. The original methodology created by the Data Working Group was used by NFRMPO staff to create the index for the portions of Larimer and Weld Counties covered by the NFRMPO. The goal of the MMI is to describe areas that have inadequate access to safe active transportation modes like bicycling, walking, and riding the bus (20).

The MMI is a compilation of data that uses 11 indicators split between three categories: Health Equity, Crash data, and Proximity to Active Transportation.

1.        https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf 

2.        https://www.transportation.gov/equity-Justice40 

3.        https://www.transportation.gov/sites/dot.gov/files/2023-02/RFIJustice40Webinar2.23.23.pptx 

4.        https://www.transportation.gov/sites/dot.gov/files/2023-02/Final_021723_ETCE%20Technical%20Documentation_0.pdf 

5.        https://www.whitehouse.gov/wp-content/uploads/2022/07/Justice40-Covered-Programs-List_v1.1_07-15-2022.pdf 

6.       How do you address Justice40 in the transportation planning process?  https://www.transportation.gov/sites/dot.gov/files/2022-11/Justice4011141722.pdf 

7.       U.S. Department of Transportation, Justice40 Initiative.  https://www.transportation.gov/equity-Justice40 

8.          https://cdphe.colorado.gov/enviroscreen 

9.        https://teeo-cdphe.shinyapps.io/COEnviroScreen_English/ 

10.        https://leg.colorado.gov/sites/default/files/2021a_260_signed.pdf 

11.    https://www.codot.gov/programs/planning/assets/grants/mmof/local-mmof-distribution-formula-and-allocation-20jan2022.pdf 

12.    https://www.codot.gov/programs/planning/assets/grants/mmof/mmof-local-fund-overview-final-14oct2019.pdf 

13.    https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=10428&fileName=2%20CCR%20601-22 

14.    https://www.fhwa.dot.gov/Environment/environmental_justice/ 

15.    https://www.epa.gov/ejscreen/how-was-ejscreen-developed 

16.    https://www.epa.gov/ejscreen/overview-socioeconomic-indicators-ejscreen 

17.    https://www.ecfr.gov/current/title-23/chapter-I/subchapter-E/part-450/subpart-C 

18.   23 U.S.C. 133(h)(4)(D)  https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-2021-title23-section133&num=0 

19.    https://nfrmpo.org/wp-content/uploads/2021-environmental-justice-plan.pdf 

20.    https://www.fcgov.com/fcmoves/files/projects-fair-mmi.pdf