BAY AREA AIR QUALITY MANAGEMENT DISTRICT

REGULATION 13 - TRANSPORTATION CONTROL MEASURES
RULE 1 - TRIP REDUCTION REQUIREMENTS FOR LARGE EMPLOYERS
[Adopted December 16, 1992] Amended March 15, 1995; Suspended by the CA Legislature January 1, 1996

INDEX

13-1-100 GENERAL

13-1-101 Description

13-1-102 Applicability

13-1-103 Deleted (3/15/95)

13-1-104 Delegated Program Procedure

13-1-105 Exemption Local Jurisdiction Delegated Program

13-1-106 Exemption Employee Minimum Level

13-1-107 Exemption Performance Objectives Achieved

13-1-108 Exemption Construction Site

13-1-109 Confidentiality

13-1-110 Collective Bargaining Disclaimer

13-1-111 APCO Authorization

13-1-112 Performance Objectives (Renumbered 3/15/95)

13-1-200 DEFINITIONS

13-1-201 Air Pollution Control Officer (APCO)

13-1-202 Average Vehicle Ridership (AVR)

13-1-203 Buspool

13-1-204 Carpool

13-1-205 Commute Trip

13-1-206 Compressed Work Week

13-1-207 Delegated Program

13-1-208 (Deleted 3/15/95)

13-1-209 Employee

13-1-210 Employee Transportation Coordinator (ETC)

13-1-211 Employee Transportation Survey

13-1-212 Employer

13-1-213 Employer Program Manager

13-1-214 (Deleted 3/15/95)

13-1-215 Employer Trip Reduction Plan

13-1-216 Employer Trip Reduction Program

13-1-217 Field Construction Worker

13-1-218 Field Personnel

13-1-219 Independent Contractor

13-1-220 Local Jurisdiction

13-1-221 Peak Period

13-1-222 Seasonal/Temporary Employee

13-1-223 SingleOccupant Vehicle

13-1-224 Survey Week

13-1-225 Telecommuting

13-1-226 Transportation Management Association

13-1-227 Vanpool

13-1-228 Vehicle

13-1-229 Vehicle Employee Ratio (VER)

13-1-230 Volunteer

13-1-231 Work Activity

13-1-232 Work Site

13-1-233 Zone

13-1-234 Contractor Employee (Adopted 3/15/95)

13-1-235 Alternative Emission Reduction Program (AERP) (Adopted 3/15/95)

13-1-300 STANDARDS

13-1-301 (Deleted 3/15/95)

13-1-302 Delegated Program

13-1-400 ADMINISTRATIVE REQUIREMENTS

13-1-401 Effective Dates

13-1-402 Employee Notification

13-1-403 Employee Transportation Coordinator (ETC)

13-1-404 Employer Program Manager

13-1-405 Registration Requirement

13-1-406 Employee Transportation Surveys

13-1-407 Employer Trip Reduction Program

13-1-408 Requirement to Submit Employer Trip Reduction Plan

13-1-409 Appeal of Plan Disapproval

13-1-500 MONITORING AND RECORDS

13-1-501 Recordkeeping Requirements

13-1-600 MANUAL OF PROCEDURES

13-1-601 Performance Objective Calculation

13-1-602 Random Sample Method

REGULATION 13

TRANSPORTATION CONTROL MEASURES

RULE 1

TRIP REDUCTION REQUIREMENTS FOR LARGE EMPLOYERS

[Adopted December 16, 1992] Amended March 15, 1995

13-1-100 GENERAL

13-1-101 Description: The purpose of this rule is to improve ambient air quality by reducing air pollutant emissions that result from vehicle commute trips to work sites with 100 or more employees.

13-1-102 Applicability: This rule applies to all public and private employers with 100 or more employees at a work site. This rule applies only to work sites with 100 or more employees. If an employer has 100 or more employees but no single work site with 100 or more employees, this rule does not apply to that employer. For purposes of determining the applicability of this rule, the number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single week day Monday through Friday during the current calendar or fiscal year. Alternatively, to determine the applicability of this rule to an individual work site, an employer may calculate an average daily employee count for the work site by summing the total number of employees who work each business day during the 90 day calendar quarter period of maximum employment at the work site for the calendar year, and dividing this sum by the number of business days in that 90 day period. (Amended 3/15/95)

13-1-103 (Deleted 3/15/95)

13-1-104 Delegated Program Procedure: Local jurisdictions may request delegation at any time in accordance with the following procedures:

104.1 The local jurisdiction adopts or revises its trip reduction ordinance to meet the requirements of Subsections 131302.2 and 302.3 as necessary or conducts a demonstration pursuant to Subsection 131302.4.

104.2 The local jurisdiction submits a delegation request and plan pursuant to Subsection 131302.1 to the APCO.

104.3 The APCO will finalize delegation agreements with local jurisdictions; such agreements will specify procedures to review local jurisdiction performance.

104.4 Under a delegated program, all employer submittals and notifications are to be made to the local jurisdiction and not to the APCO except for multiple site employers who exercise their option to report directly to the District pursuant to California Health and Safety Code Section 40717(e)(4).

104.5 The District will delegate its authority over State, federal, and other government agencies to the local jurisdiction pursuant to California Health and Safety Code Sections 40717(e) and 40233(b). (Amended 3/15/95)

13-1-105 Exemption Local Jurisdiction Delegated Program: Employers are exempt from the District's implementation of this rule if they are subject to the requirements of a local jurisdiction ordinance that has received delegation pursuant to Section 131302.

13-1-106 Exemption Employee Minimum Level: A work site of 100 or more employees where less than 50 of these employees start work during the peak period is exempt from all requirements of this rule except for the registration requirement. Public and private employers must register these work sites pursuant to Section 131405. To determine the number of employees who start work during the peak period, an employer may calculate an average daily count of peak period employees for the work site by summing the total number of employees who start work each week day during the peak period for the 90 day calendar quarter of maximum employment at the work site for the calendar year, and dividing this sum by the number of week days in that 90 day period. (Amended 3/15/95)

13-1-107 Exemption Performance Objectives Achieved: Employers may qualify for an exemption from the requirements of this rule as specified in this section.

107.1 Work sites that achieve the 1999 performance objectives specified in Section 131112 as demonstrated pursuant to Section 131406 are exempt from all other requirements of this rule except for this section.

107.2 Work sites that meet the requirements of Subsection 131107.1 must submit to the APCO, in a format approved by the APCO, a listing of the measures or reasons for achieving the 1999 performance objectives.

107.3 Work sites that meet the requirements of Subsection 13-1-107.1 must demonstrate continued achievement of the 1999 performance objectives by conducting an employee transportation survey pursuant to Section 131406 once every three years.

107.4 Work sites that do not continue to demonstrate achievement of the 1999 performance objectives pursuant to Subsection 13-1-107.3 no longer qualify for the exemption provided by this section and become subject to the requirements of this rule at that time. (Amended 3/15/95)

13-1-108 Exemption Construction Site: Construction sites are exempt from the requirements of this rule. For purposes of this section: 1) construction means the onsite fabrication, erection, or installation of a physical structure such as a building, roadway, bridge, etc. and 2) site has the same meaning as work site.

13-1-109 Confidentiality: Any information submitted pursuant to this rule which has been designated as constituting a "trade secret" shall be provided the protection from disclosure which is set forth in the District's Guidelines for Public Access to Records.

109.1 The APCO will treat the information and data specified in this subsection as "trade secret":

a. Individual employee transportation survey responses, records, and results submitted pursuant to Section 13-1-406.

b. Budget information submitted pursuant to Section 13-1-408.

109.2

a. Both aggregate and work site performance objective results for an employer shall be within the public domain.

b. Aggregate and generic budget information for trip reduction plans and measures shall be within the public domain. (Amended 3/15/95)

13-1-110 Collective Bargaining Disclaimer: The requirements of this rule do not absolve an employer or other party from any obligation under an existing collective bargaining agreement with employees or any provision of law. The APCO shall maintain neutrality with respect to any negotiations between an employer and its employees.

13-1-111 APCO Authorization: In those local jurisdictions where there is not a delegated program pursuant to Section 13-1-302, the APCO is authorized to:

111.1 Redefine zone boundaries after conducting a public review process with affected and interested parties.

111.2 Approve multiemployer performance objective averaging based upon data generated by each employer (or employers together when conducting a joint employee transportation survey) pursuant to Section 13-1-406 and submitted to the APCO to demonstrate that the performance objectives contained in Section 13-1-112 are achieved. The APCO may only approve such averaging when the two or more employers occupy the same work site or adjacent work sites within the same zone.

111.3 Allow credit in the AVR or VER calculation for compressed work week schedules that eliminate roundtrip commute trips less frequently than once every two weeks. (Adopted 3/15/95)

111.4 Exempt work sites from all requirements of this rule if the work site meets the employee threshold stated in Section 13-1-102 because it employs persons employed under special certificates issued by the Secretary of the U.S. Department of Labor pursuant to Section 14(c) of the Fair Labor Standards Act and these persons cannot drive to work. (Adopted 3/15/95)

111.5 Approve alternative methods to fulfill the employee transportation survey requirement of Section 13-1-406 when such methods provide verifiable data to calculate work site AVR or VER consistent with Section 13-1-601 and District guidance. Proposals submitted pursuant to this Subsection must be submitted at least sixty (60) days prior to the planned survey week. (Adopted 3/15/95) (Amended 3/15/95)

13-1-112 Performance Objectives: Performance objectives are expressed in terms of AVR and VER. Employers have the option of reporting performance in terms of either AVR or VER or both.

112.1 The work site AVR or VER is determined from the employee transportation survey conducted pursuant to Section 13-1-406.

112.2 Employers with work sites that do not achieve the performance objectives in this section shall submit an Employer Trip Reduction Plan pursuant to Section 13-1-408.

112.3 Failure of a work site to achieve the performance objectives listed above is not a violation of this rule. (Adopted 3/15/95) (Amended and Renumbered 3/15/95)

13-1-200 DEFINITIONS

13-1-201 Air Pollution Control Officer (APCO): The Air Pollution Control Officer of the Bay Area Air Quality Management District (District) or the designee thereof.

13-1-202 Average Vehicle Ridership (AVR): AVR is the number of employeedays summed over the survey week divided by the number of vehicle trips summed over the survey week for employees who start work during the peak period as calculated pursuant to Section 13-1-601. Section 13-1-601 specifies how employeedays and vehicle trips are counted for purposes of calculating AVR. (Amended 3/15/95)

13-1-203 Buspool: A vehicle occupied by sixteen (16) or more people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance. (Amended 3/15/95)

13-1-204 Carpool: A vehicle occupied by two (2) to six (6) people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

13-1-205 Commute Trip: The trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.

13-1-206 Compressed Work Week: A regular fulltime work schedule which eliminates at least one roundtrip commute trip (both home-to-work and work-to-home) at least once every two (2) weeks. Examples include, but are not limited to working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine-hour days and one eight-hour day (9/80) within a two week period. Employers are eligible for compressed work week credit pursuant to Section 131601 only for employees who work at least 35 hours per week or 70 hours over a two week period and who normally report to the work site. (Amended 3/15/95)

13-1-207 Delegated Program: Implementation of this rule by a local jurisdiction through the APCO approval of a delegation request from a local jurisdiction pursuant to Sections 13-1-104 and 302.

13-1-208 (Deleted 3/15/95)

13-1-209 Employee: Any person employed by a person(s), firm, business, educational institution, nonprofit agency or corporation, government or other entity conducting work activity for an employer 20 or more hours per week on a regular fulltime or parttime basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers. (Amended 3/15/95)

13-1-210 Employee Transportation Coordinator (ETC): An employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction Program or Employer Trip Reduction Plan on a full or parttime basis.

13-1-211 Employee Transportation Survey: An APCO approved questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR or VER for the work site pursuant to Sections 13-1-406 and 601.

13-1-212 Employer: Any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs persons. A city, county, or city and county is a single employer for purposes of this rule, not individual departments or agencies of the city, county, or city and county. Individual departments or agencies of the State of California and the federal government are separate employers for purposes of this rule. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one employer. (Amended 3/15/95)

13-1-213 Employer Program Manager: An employee with authority to develop budget proposals and to expend approved budgets who is responsible for the implementation of the Employer Trip Reduction Program or Employer Trip Reduction Plan and for fulfilling the requirements of this rule. (Amended 3/15/95)

13-1-214 (Deleted 3/15/95)

13-1-215 Employer Trip Reduction Plan: A document describing in detail the Employer Trip Reduction Program, including an implementation schedule and budget, which is submitted to the APCO for review and approval pursuant to Section 13-1-408. (Amended 3/15/95)

13-1-216 Employer Trip Reduction Program: A group of measures developed and implemented by an employer that are designed to provide transportation information, assistance, and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site. The District has published and will update its Guide to Employer Trip Reduction Programs which describes types of trip reduction measures. (Amended 3/15/95)

13-1-217 Field Construction Worker: An employee who reports directly to work at a construction site a majority of the employee's working time. (Amended 3/15/95)

13-1-218 Field Personnel: Employees who spend 20 percent or less of their worktime at the work site and who do not report to the work site during the peak period for pickup and dispatch of an employer provided vehicle.

13-1-219 Independent Contractor: An individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety (90) continuous days or is openended.

13-1-220 Local Jurisdiction: A city, county, or public agency, including a public agency formed through a Joint Powers Agreement, with authority to adopt, implement, and enforce an employer trip reduction ordinance, rule, or regulation.(Amended 3/15/95)

13-1-221 Peak Period: The time from 6:00 a.m. through 10:00 a.m. Monday through Friday inclusive.

13-1-222 Seasonal/Temporary Employee: A person who is employed for less than a continuous 90 day period. For persons employed in agriculture crop production or processing, the period of employment is 120 days. (Amended 3/15/95)

13-1-223 Single Occupant Vehicle: A vehicle occupied by one employee.

13-12-24 Survey Week: A regular five day Monday through Friday (inclusive) workweek. The survey week for work sites with Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a federal, State, or local holiday which is observed by the employer. A survey week that meets the above criteria is to be selected by the employer during the months January through November for the employee transportation surveys required by Section 13-1-406. The survey week cannot be Rideshare Week. The survey week cannot include any special event or campaign to promote the use of commute alternatives in which the employer participates, such as Bike to Work Day, an onsite transportation fair, etc. The survey week must be a week in which more than 50 percent of the annual maximum number of employees at the work site are scheduled to report to work.(Amended 3/15/95)

13-1-225 Telecommuting: A system of working at home, offsite, or at a telecommuting center, for a full work day, that eliminates the trip to the work site or reduces travel distance by 50 percent or more.(Amended 3/15/95)

13-1-226 Transportation Management Association: An organization through which developers, property managers, employers, and/or local jurisdictions cooperate in designing, implementing, and assessing Employer Trip Reduction Programs or other transportation demand or system management programs and measures.

13-1-227 Vanpool: A vehicle occupied by seven (7) to fifteen (15) people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.(Amended 3/15/95)

13-1-228 Vehicle: A device by which any person or property may be propelled, moved, or drawn upon a highway, except the following: 1) a device moved exclusively by human power, 2) a device used exclusively upon stationary rails or tracks, 3) buses used for public or private transit. Examples of vehicles include, but are not limited to, passenger cars, motorcycles, vans, and pickup trucks.

13-1-229 Vehicle Employee Ratio (VER): VER is the number of vehicle trips summed over the survey week divided by the number of employeedays summed over the survey week for employees who start work during the peak period as calculated pursuant to Section 13-1-601. Section 13-1-601 specifies how employee days and vehicle trips are counted for purposes of calculating VER. (Amended 3/15/95)

13-1-230 Volunteer: A person who does not receive wages for work activity at the work site.(Amended 3/15/95)

13-1-231 Work Activity: Any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity.

13-1-232 Work Site: Any property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise, including a structure, building, portion of a building, or grouping of buildings that are in actual physical contact, adjacent, or are separated solely by a private or public roadway or other private or public rightofway, and that are occupied by the same employer. If two or more employers each have 100 or more employees at a single work site, then that work site is considered a separate work site for each employer. An employer has the option to combine into a single site two or more proximate affected work sites (within one quarter mile walking distance) for purposes of this rule. (Amended 3/15/95)

13-1-233 Zone: A geographical area within the District where the performance objectives contained in Section 13-1-112 apply to employers with work sites located within that zone.

Zone 1 Northeastern San Francisco:

Includes the northeastern portion of the City and County of San Francisco bounded by Van Ness Avenue from Aquatic Park south to Bay Street; Bay Street from Van Ness Avenue west to Gough Street; Gough Street from Bay Street south to Mission Street; Otis Street from Mission Street south to 13th Street; 13th Street from Otis Street east to Division Street; Division Street from 13th Street east to DeHaro Street; DeHaro Street from Division Street south to Berry Street; Berry Street from DeHaro Street northeast to the San Francisco Bay. All employment sites within the boundaries as well as employment sites with street addresses or frontage on either side of the boundaries listed above are included in Zone 1.

Zone 2 High Density Urban:

Consists of three separate areas:

1)All areas of the City and County of San Francisco not contained in Zone 1

2)Downtown Oakland, as defined below

3)Downtown Berkeley, as defined below

Downtown Oakland is the area of the City of Oakland bounded by: Castro Street from 7th Street north to M. L. King Jr. Way; M. L. King Jr. Way from Castro Street north to West Grand Avenue; West Grand Avenue from M. L. King Jr. Way east to Broadway; Grand Avenue from Broadway east to Harrison Street; Harrison Street from Grand Avenue south to Lakeside Drive; Lakeside Drive from Harrison Street south to 14th Street; Oak Street from 14th Street south to 7th Street; 7th Street from Oak Street west to Castro Street. All employment sites within the boundaries as well as employment sites with street addresses or frontage on either side of the boundaries described above are included in Zone 2.

Downtown Berkeley comprises the main University of California campus (including Lawrence Berkeley Lab, the Cyclotron and the Lawrence Hall of Science) and the adjacent area of the City of Berkeley bounded by: M. L. King Jr. Way from Dwight Way north to Hearst Avenue; Hearst Avenue from M. L. King Jr. Way east to Oxford Street; Oxford Street from Hearst Avenue south to Dwight Way; Dwight Way from Oxford Street west to M. L. King Jr. Way. All employment sites within the boundaries as well as employment sites with street addresses or frontage on either side of the boundaries described above are included in Zone 2.

Zone 3 Southern Counties:

San Mateo, Santa Clara, and Contra Costa Counties, and the portion of Alameda County not contained in Zone 2.

Zone 4 Northern Counties:

Marin and Napa Counties, and those portions of Sonoma and Solano Counties within the District.(Amended 3/15/95)

13-1-234 Contractor Employee: Any person employed by an employment service or other entity that reports to a work site other than the employment service or other entity work site under a contractual arrangement with another employer. For purposes of this rule, these employees are counted as employees of the employment service or other entity. (Adopted 3/15/95)

13-1-235 Alternative Emission Reduction Program (AERP): Measures or strategies developed and implemented by an employer which reduce motor vehicle emissions but not necessarily motor vehicle commute trips made by peak period employees. (Adopted 3/15/95)

13-1-300 STANDARDS

13-1-301 (Deleted 3/15/95)

13-1-302 Delegated Program: Local jurisdictions shall be delegated responsibility for implementation of this rule by the APCO if the following criteria are met:

302.1 The local jurisdiction submits a plan to the APCO that provides adequate resources to adopt, implement, and enforce employerbased trip reduction requirements, or submits a demonstration, commitment, and plan pursuant to Subsection 13-1-302.4.

302.2 The local jurisdiction adopts a trip reduction ordinance that includes, at a minimum, all those provisions contained in Sections 13-1-102, 112, 202, 209, 212, 221, 224, 229, 232, 233, and 403.

302.3 The local jurisdiction adopted trip reduction ordinance includes requirements to:

a. conduct employee transportation surveys (Section 13-1-406)

b. review and approve/disapprove Employer Trip Reduction Plans when performance objectives are not achieved (Section 13-1-408)

c. appeal plan disapproval (Section 13-1-409)

d. define violations

e. assess penalties

302.4 A local jurisdiction, in lieu of meeting the requirements of Subsections 13-1-302.2 and 302.3, may provide a demonstration that the final 1999 performance objectives are currently achieved on an aggregate basis for all applicable work sites within its jurisdiction. Such demonstration must utilize a methodology approved by the APCO and a commitment and plan to repeat the demonstration once every three (3) years. If the local jurisdiction contains more than one zone, the demonstration submitted pursuant to this subsection shall be evaluated based upon the results for each zone or part thereof that is within the local jurisdiction. (Amended 3/15/95)

13-1-400 ADMINISTRATIVE REQUIREMENTS

13-1-401 Effective Dates: Except as otherwise noted, all requirements of this rule are effective July 1, 1994. Subsequent amendments become effective upon adoption unless a future effective date for the amendment is specified.(Amended 3/15/95)

13-1-402 Employee Notification: An employer shall facilitate the participation of employees and employee organizations in the development of Employer Trip Reduction Programs and Employer Trip Reduction Plans by providing the following information to its employees at the times specified below:

402.1 Information explaining the requirements and applicability of this rule to the employer and its work site(s) prior to or at the time of registration pursuant to Section 13-1-405.

402.2 The content and implementation schedule of the Employer Trip Reduction Program required by Section 13-1-407 during its development.

402.3 The content, implementation schedule, and availability of the Employer Trip Reduction Plan required by Section 13-1-408, as applicable, at least thirty (30) days prior to the submittal of the Employer Trip Reduction Plan to the APCO.

402.4 Notification may be provided through employee bulletins, notices posted on bulletin boards, articles in any newsletter generally circulated or provided to employees, or any other reasonable means to assure that employees have adequate opportunity to participate in the development of trip reduction programs and measures, and are informed about the full range of trip reduction programs and measures available at the work site. 402.5 The notice shall identify the Employee Transportation Coordinator and/or the Employer Program Manager within the organization to whom comments and suggestions can be submitted and questions addressed.

13-1-403 Employee Transportation Coordinator (ETC): Employers must have an ETC(s) as specified within this section.

403.1 Employers shall appoint an ETC for each affected work site. Employers with multiple affected work sites within the District may appoint one ETC for more than one work site, even when these work sites are located in different zones.

403.2 ETCs must complete an APCO certified training curriculum by April 1, 1995 or within six (6) months of appointment when appointed after March 1, 1995.

403.3 The employer may apply to the APCO for a waiver from the training requirement of Subsection 13-1-403.2 when an ETC has one or more years of experience in trip reduction or equivalent skills.

403.4 An ETC may also serve as the Employer Program Manager provided that the individual meets the criteria specified in Section 13-1-213.

403.5 Employers must notify the District in writing identifying the new Employee Transportation Coordinator within 30 days after a change in the Employee Transportation Coordinator. (Adopted 3/15/95)(Amended 3/15/95)

13-1-404 Employer Program Manager: Employers must have an Employer Program Manager as specified in this section.

404.1 Employers shall appoint an Employer Program Manager. Employers with multiple affected work sites within the District may appoint one Employer Program Manager for more than one work site, even when these work sites are located in different zones.

404.2 An Employer Program Manager may also serve as the ETC provided that the individual meets the requirements of Section 13-1-403.

404.3 Employers must notify the District in writing identifying the new Employer Program Manager within 30 days after a change in the Employer Program Manager. (Adopted 3/15/95) (Amended 3/15/95)

13-1-405 Registration Requirement: Public and private employers with 100 or more employees at a single work site within the District shall register with the APCO in accordance with this section.

405.1 Registration shall be accomplished by completing and submitting a Work Site Registration Form as provided by the APCO.

405.2 Employers who become subject to this rule subsequent to July 1, 1994 due to an increase in employees or the establishment of a new or expanded work site shall register with the APCO within ninety (90) days of becoming subject to this rule.

405.3 (Deleted 3/15/95)

405.4 Employers who were subject to this rule on or before July 1, 1994 must register with the APCO by September 30, 1994. (Amended 3/15/95)

13-1-406 Employee Transportation Surveys: Employers must conduct employee transportation surveys as specified in this section to establish whether the performance objectives listed in Section 13-1-112 have been achieved.

406.1 An employer shall conduct an employee transportation survey during an eligible survey week within the time frame specified by the APCO consistent with the procedure contained in Section 13-1-601.

406.2 An employer has the option of processing the employee transportation survey forms itself, submitting the survey forms to the District for processing, or having another entity process the survey forms. Survey processing must be consistent with the procedures contained in Section 131601, and verifiable records must be maintained.

a. Employee transportation survey results are to be submitted to the APCO within 90 days of the survey week when the employer or another entity processes the survey forms.

b. Employee transportation survey forms are to be submitted to the APCO within 45 days of the survey week when the District processes the survey forms.

406.3 An employer may use a Random Sample Employee Survey Method as approved by the APCO consistent with Section 13-1-602 for work sites where 400 or more employees start work during the peak period.

406.4 The APCO will notify employers of the year for the initial and subsequent surveys. Effective July 1, 1995, employers may choose any eligible survey week during the calendar year specified by the APCO.

406.5 Employee transportation surveys are to be conducted annually unless a work site demonstrates that a future year performance objective is achieved. These work sites are required to survey every other year as long as future year performance objectives continue to be achieved.

406.6 An employer shall not offer any special incentives or disincentives in addition to its regular Employer Trip Reduction Program during the survey week. This limitation does not apply to activities undertaken by an employer in response to a District forecast exceedance day, e.g. the "Spare the Air" Campaign. Employers shall in no way encourage employees to use commute alternatives for the specific purpose of reducing vehicle trips only during the survey week.

406.7 (Deleted 3/15/95)

406.8 (Deleted 3/15/95)(Amended 3/15/95)

13-1-407 Employer Trip Reduction Program: Employers must have an Employer Trip Reduction Program as specified in this section.

407.1 Within six months of the end of the survey week for the first employee transportation survey conducted pursuant to Section 13-1-406, employers shall develop and implement an Employer Trip Reduction Program.

407.2 (Deleted 3/15/95)

407.3 An Employer Trip Reduction Program must include at a minimum the following trip reduction measures:

a. marketing commute alternatives

b. ridematching assistance

c. transit information (when the work site is served by public transit within one quarter mile walking distance or the work site is served by a privately or publicly funded shuttle to transit) (Adopted 3/15/95)(Amended 3/15/95)

13-1-408 Requirement to Submit Employer Trip Reduction Plan: Employers that do not achieve the performance objectives established in Section 13-1-112 for the applicable calendar year in which the employee transportation survey was conducted at any work site subject to this rule shall prepare and submit an Employer Trip Reduction Plan for that work site to the APCO within 120 days of a determination that the performance objective was not achieved. An employer may submit a plan that covers multiple work sites. The APCO will issue a determination that the performance objective has not been achieved based upon information received pursuant to Section 13-1-406. The Employer Trip Reduction Plan shall be consistent with guidance issued by the APCO.

408.1 An employer has the option to fulfill the requirement of this section by submitting an Employer Trip Reduction Plan that meets the contents specified in Subsection 13-1-408.1(a), (b), or (c).

a. An employer may develop and submit an Employer Trip Reduction Plan that includes sufficient trip reduction measures to meet the plan approval criteria specified in Subsection 13-1-408.4.

b. An employer may develop and submit an Alternative Emission Reduction Program (AERP) that demonstrates that the measures included in such program will achieve emission reductions from mobile sources equal to or greater than those that would be realized if the annual performance objectives were achieved. An AERP may not contain any measures that are required by any federal, State, or local air pollution control measure or regulatory requirement. The requirements of Section 13-1-407 continue to apply to an employer who develops and submits an AERP.

c. An employer may develop and submit an AERP that combines the elements of Subsections 13-1-408.1 (a) and (b).

408.2 The plan shall be submitted by the highest ranking responsible official of the employer at the work site or each work site when a plan is submitted that covers multiple work sites.

408.3 (Deleted 3/15/95)

408.4 The APCO shall approve and the employer shall implement an Employer Trip Reduction Plan that includes all reasonable, feasible, and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity, and the geographical distribution of employees relative to the work site; or the APCO shall approve an Alternative Emission Reduction Program pursuant to Subsections 131408.1 (b), or (c). The APCO shall disapprove any plan that does not meet the above specified approval criteria.

408.5 An employer shall revise and resubmit to the APCO any disapproved plan within 90 days of the disapproval. If the revised plan is disapproved, the employer has one additional 30day opportunity to revise and resubmit a plan before final disapproval. Final disapproval is a violation of the rule subject to penalty unless such final disapproval is successfully appealed pursuant to Section 13-1-409.

408.6 An employer may appeal a final disapproval of its Employer Trip Reduction Plan pursuant to Section 13-1-409.

408.7 An employer subject to this section shall update its Employer Trip Reduction Plan, including plans developed pursuant to Subsections 13-1-408.1 (b), or (c) every two years after plan approval until such time as the performance objective is achieved. Such plan updates are to be submitted every two years to the APCO on or before the anniversary date of plan approval.

408.8 An employer subject to this section shall continue to meet the requirements of Sections 13-1-402, 403, 404, 405, 406 and 407.

408.9 An employer shall revise and resubmit its Employer Trip Reduction Plan within 90 days of a final determination that an element of an approved Employer Trip Reduction Plan violates any provision of law is issued by an agency or court with jurisdiction to make such determination. (Amended 3/15/95)

13-1-409 Appeal of Plan Disapproval: An employer may appeal a final plan disapproval made pursuant to Section 13-1-408 to the District Hearing Board.

409.1 The employer whose plan has received a final disapproval may, within thirty (30) days of such disapproval, request the District Hearing Board to hold a hearing on whether or not the plan was properly disapproved.

409.2 The District Hearing Board shall consider the appeal at a public hearing within sixty (60) days of the filing of the appeal. The Hearing Board may revise or modify the decision of the APCO if it determines that the disapproval was erroneous, or the Hearing Board may uphold the decision of the APCO.

409.3 The District Hearing Board shall endeavor to calendar hearings on appeals pursuant to this section on days when other matters are also calendared for hearings before the District Hearing Board.

409.4 (Deleted 3/15/95)(Amended 3/15/95)

13-1-500 MONITORING AND RECORDS

13-1-501 Recordkeeping Requirements: Employers must maintain records and documents as specified in this section.

501.1 Employers subject to this rule shall maintain and retain records, files, and documentation to establish compliance with Sections 13-1-402, 403, 404, 405, 406, 407, and 408.

501.2 Retention by the employer of such records, files, and documentation shall be for three years.

501.3 Such records, files, and documentation shall be made available to the APCO during any onsite audit conducted by the District.

13-1-600 MANUAL OF PROCEDURES

13-1-601 Performance Objective Calculation: AVR or VER for each affected work site is to be computed in a manner consistent with the following method.

601.1 The employer conducts an employee transportation survey during a survey week.

601.2 AVR or VER is calculated for those employees who start work or are assigned to the work site during the peak period of the survey week. Alternatively, employers have the option to calculate AVR or VER based upon all employees who work or are assigned to the work site during the survey week.

601.3 If less than 60 percent of the survey forms are returned for processing, or the employer conducts a random sample survey pursuant to Section 13-1-602, all survey forms not returned shall be counted as single occupant vehicles for purposes of calculating AVR or VER.

601.4 If 60 percent or more of the survey forms are returned for processing, one-half of those survey forms not returned shall be assumed to have the same AVR or VER as that calculated from the responses to the surveys returned, and one-half shall be counted as single occupant vehicles for purposes of calculating AVR or VER.

601.5 AVR for the work site shall be calculated by dividing the number of "employeedays" summed over the survey week by the number of "vehicle trips" summed over the survey week.

601.6 VER for the work site shall be calculated by dividing the number of "vehicle trips" summed over the survey week by the number of "employee-days" summed over the survey week.

(a) Employee-Days shall be determined as follows: Each day of the survey week that an employee starts work during the peak period counts as one employee-day.

1. Employees telecommuting or who are off due to a compressed work week schedule are counted toward the total employee- days.

2. The following are not counted toward the total employeedays:

a. Employees on vacation, sick leave, jury duty, or other timeoff.

b. Employees who report to a different work site or an offsite work related activity.

(b) Vehicle Trips shall be determined as follows: A vehicle trip is based on the means of transportation used for the greatest distance of an employee's home to work commute trip.

1. Single occupant vehicle (drive alone) equals one (1).

2. Carpool equals one (1) divided by the number of people in the carpool.

3. Vanpool equals one (1) divided by the number of people in the vanpool.

4. Motorcycle, moped, motorized scooter, or motor bike equal one (1).

5. Cleanfueled and low or zero emission vehicles are counted as less than one vehicle trip consistent with guidance issued by the California Air Resources Board and the APCO.

6. The following all equal zero (0) vehicle trips:

a. Public transit (bus, light rail, ferry, Caltrain, BART)

b. Buspool

c. Bicycle

d. Walking and other nonmotorized transportation modes

e. Telecommuting (only on the days those employees are telecommuting for the entire day)

f. Compressed work week schedule (only on an employee's compressed day(s) off). The maximum number of compressed work week days off credit is two per employee per week.

601.7 Employers with multiple work sites within the same zone have the option to average individual work site AVR or VER, as calculated pursuant to Subsections 601.1 through 601.6 inclusive, to demonstrate that the performance objectives are achieved on an aggregate basis for those work sites when the District is implementing the rule. If the employer demonstrates that the performance objectives (Section 13-1-112) are achieved using the averaging methodology, then those work sites included in the averaging are not subject to the requirements of Section 13-1-408. (Amended 3/15/95)

13-1-602 Random Sample Method: Employers may perform a random sample employee transportation survey at any work site where 400 or more employees start work during the peak period.

602.1 The random sample survey method must be approved by the APCO. Any employer which fails to conduct an acceptable random sample survey may be required to perform a survey of all peak period employees.

602.2 All nonrespondents in the random sample group will be treated as drive alone commuters (i.e. commuting in a single occupant vehicle) for purposes of calculating the work site AVR or VER. If the number of valid survey responses from peak period employees plus nonrespondents is less than the minimum sample size specified in Subsection 13-1-602.3, then the shortfall (i.e. the difference between the minimum sample size and the number of valid responses from peak period employees plus nonrespondents) shall be treated as drive alone commuters.

602.3 The size of the random sample depends upon the number of employees who start work during the peak period. The minimum size of the random sample is specified below. The employer may choose to include a larger number of employees in the random sample survey.

Number of Peak Period Employees @ Work Site	Sample Size
400 to 420	200
421 to 440	205
441 to 460	210
461 to 480	214
481 to 500	218
501 to 550	225
551 to 600	235
601 to 650	240
651 to 700	248
701 to 750	255
751 to 800	260
801 to 850	265
851 to 900	270
901 to 950	274
951 to 1000	278
1001 to 1500	300
1501 to 2000	320
2001 to 3000	340
3001 to 4000	350
4001 to 6000	360
6001 to 10,000	370
>10,000	380

602.4 The employer shall retain documentation describing the method used to generate the random sample for at least three years. (Amended 3/15/95)

ADOPTED AMENDMENTS TO REGULATION 3 FEES

[NOTE]

Printed below are those portions of Regulation 3 that were amended or added to the regulation on December 16, 1992 and March 15, 1995 which relate to Regulation 13, Rule 1. The full text of Regulation 3 is available from the District's Public Information Office at (415) 749-4900. Schedule O, Employer Trip Reduction Fees appears in its entirety below.

3-100 GENERAL

3-101 Description: This regulation establishes fees to be charged for Hearing Board filings, for permits, banking, experimental exemption, renewal of permits, the Sher Atmospheric Acidity Protection Act, employee transportation survey processing, employer trip reduction plan review, and employer trip reduction plan appeal.

3-106 Exemption, Employer Trip Reduction Fees: The employer fees listed in Schedule O shall not be collected by the APCO from any school district (K12). (Adopted 3/15/95)

3-200 DEFINITIONS

3-228 Employer: See Section 13-1-212 of Regulation 13, Rule 1.

3-229 Employee Transportation Survey Processing Fee: A fee paid at the time of submittal of the employee transportation survey forms required by Regulation 13. The employee transportation survey processing fee is listed in Schedule O. This fee is applicable to all employers required to conduct employee transportation surveys and who submit these survey forms to the APCO for processing pursuant to Regulation 13.

3-230 Employer Trip Reduction Plan Review Fee: A fee paid at the time of submittal of an Employer Trip Reduction Plan pursuant to Section 13-1-408 of Regulation 13, Rule 1. This fee applies both at the time of initial submittal as well as subsequent updates. This fee does not apply to the resubmittal of a disapproved Employer Trip Reduction Plan. The employer trip reduction plan review fee is listed in Schedule O. This fee is applicable to all employers required to submit Employer Trip Reduction Plans pursuant to Regulation 13.

3-231 Employer Trip Reduction Plan Appeal Fee: A fee paid at the time of appeal of a disapproved Employer Trip Reduction Plan pursuant to Section 13-1-409. The employer trip reduction plan appeal fee is listed in Schedule O. This fee is applicable to all employers who file appeals of disapproved Employer Trip Reduction Plans.

3-300 STANDARDS

3-321 Employers: Employers subject to the requirements of Regulation 13 shall pay all applicable fees based on Schedule O. These fees are in addition to permit and other fees authorized to be collected from facilities owned and operated by the employer. Failure to pay these fees shall be subject to the penalties of Section 3-405.

SCHEDULE O EMPLOYER TRIP REDUCTION FEES

Employee Transportation Survey Processing Fee: $1.00 per employee survey form submitted to the APCO for processing. Employer Trip Reduction Plan Review Fee: $500.00 per plan submittal (for each work site), or $2,500.00 per plan submittal for five or more work sites. Employer Trip Reduction Plan Appeal Fee: $300.00 for initial application and hearing. $100.00 for each subsequent hearing necessary to dispose of the appeal.
(Schedule O Amended 3/15/95)