Public involvement in metropolitan transportation planning has long been a federal requirement. Federal law includes a number of specific requirements and performance standards and expectations for state departments of transportation and MPOs during transportation planning. This core set of requirements and performance standards have been amended and reinforced through additional transportation and environmental legislation, and related regulations and orders addressing environmental justice and persons with disabilities. The specifics of these requirements are outlined below.

The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users was signed into law in August 2005.

Transportation planning under SAFETEA-LU must be performed in conjunction with state and local officials, transit operators, and the public. MPOs are particularly encouraged to consult or coordinate with planning officials responsible for other types of planning activities affected by transportation, including planned growth, economic development, environmental protection, airport operations, and freight movement. [23 USC 134(g)(5)].

SAFETEA-LU also emphasizes the broadening of public participation to include stakeholders who have not traditionally been involved. Representatives of users of pedestrian walkways, bicycle transportation facilities, and the disabled are specifically included in SAFETEA-LU as parties to be provided with the opportunity to participate in the planning process.

Finally, the BRTB must develop a participation plan in consultation with interested parties that provides reasonable opportunities for all parties to comment on its process.

MPOs are also accountable for conducting the locally-developed public participation process as required by the Joint Federal Highway Administration (FHWA) / Federal Transit Administration (FTA) Metropolitan Planning Regulation.

The legislation requires that the metropolitan planning process must "include a proactive public involvement process that provides complete information, timely public notice, full public access to key decisions, and early and continuing involvement of the public in developing plans" and TIP’s [23 CFR part 450.316(b)(1)].

Relevant excerpts of the Code of Federal Regulations can be found in Appendix B of this document.

Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority and Low Income Populations, was signed by President Clinton in February 1994. The EO reinforced the requirements of Title VI of the Civil Rights Act of 1964 and focused federal attention on the environmental and human health conditions in minority and low income communities.

The BRTB is guided by the three guiding principles of EP 12898:

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, was signed by President Clinton in August 2000. EO 13166 required federal agencies and any other entities that receive federal funds via grants, contracts, or subcontracts to make their activities accessible to non-English speaking persons. Persons with limited English proficiency are those with a primary or home language other than English who must, due to limited English fluency, communicate in that primary language if they are to have an equal opportunity to participate effectively in or benefit from any aid, service, or benefit in federally funded programs and activities.

EO 12898 and 13166 are directed at project level decision making in the engineering and design phases for projects as well as long range and project programming activities.

The Americans with Disabilities Act of 1990 requires coordinating with disabled communities in the development and improvement of transportation services. Planners, engineers, and builders must provide access for the disabled at sidewalks and ramps, street crossings, and in parking or transit access facilities. Persons with disabilities must also be able to access the sites where public involvement activities occur as well as the information presented.