SCAQMD RULE 308 ON-ROAD MOTOR VEHICLE MITIGATION OPTIONS FEES
LAST REVISED 05/09/97

(Adopted November 3, 1989)(Amended June 6, 1992)
(Amended June 11, 1993)(Amended June 10, 1994)(May 12, 1995)
(Amended May 12, 1995)(Amended May 10, 1996)(Amended May 9, 1997)

RULE 308. ON-ROAD MOTOR VEHICLE MITIGATION OPTIONS FEES

(a) Applicability

Provisions of this rule shall apply to fees assessed for worksite registrations and filings pursuant to Rule 2202 On-Road Motor Vehicle Mitigation Options. Fees shall be paid for the submission or resubmission of Annual Registrations, Employee Commute Reduction Programs (ECRP), Annual Analyses, submission of strategy amendments, Average Vehicle Ridership (AVR) Certification, and Software Certification.

(b) Definitions

  1. AMENDMENTS are changes to Rule 2202 registrations, ECRP strategies which materially affect the implementation of the program or the addition or deletion of a worksite to multi-site and geographic programs.
  2. EVALUATION is the District's evaluation of a program resulting in approval or disapproval of that program.
  3. PROGRAM is any data and/or report required by Rule 2202 On-Road Motor Vehicle Mitigation Options to be submitted to the District
  4. RESUBMITTAL is any revised program or revised annual analysis submitted to the District to correct a disapproved program.
  5. SUBMITTAL is any program provided to the District in accordance with Rule 2202 On-Road Motor Vehicle Mitigation Options.

(c) Program Fees

  1. Rule 2202 Registration Fees
  2. All persons submitting a Rule 2202 registration to implement any compliance option in the rule, except for an ECRP or an AQIP, shall pay annually, the following fees at the time of registration.

    (A) Single Site Registrations

    Single site programs are subject to a $340.70 per worksite annual registration fee.

    (B) Multiple Site Registrations

    Multiple site programs are subject to a fifteen percent (15%) discount or $289.60 per worksite annual registration fee.

    (C) Resubmittals and Amendments

    Resubmitted and amended registrations shall be subject to an annual registration fee of $289.60 per worksite.

  3. Employee Commute Reduction Program (ECRP) Fees
  4. All persons electing to submit an ECRP shall pay the following fees at the time of submittal.

    (A) Single Site Submittals

    Per Worksite Triennial Program Annual Analysis
    500 or more employees $1,107.30 $419.40
    200 to 499 employees $826.30 $314.50
    100 to 199 employees $534.80 $209.70

    (B) Multisite and Geographic Program Submittals

    Triennial program fees for multiple site and geographic program submittals are subject to a fifteen percent (15%) discount as follows:

    Per Worksite Triennial Program
    500 or more employees $941.20
    200 to 499 employees $702.30
    100 to 199 employees $454.50

    (C) Resubmittals

    Per Worksite Triennial Program Annual Analysis
    500 or more employees $553.60 $209.70
    200 to 499 employees $413.10 $157.20
    100 to 199 employees $267.30 $104.80

    (D) Electronic Media Submittals

    Persons submitting an ECRP using District-certified electronic media shall pay the appropriate fee established in paragraphs (c)(2)(A) and (B), less $104.80 per submittal.

    (E) Sites achieving (AVR) Targets

    Any employer who achieves their average vehicle ridership (AVR) target and chooses to file an approved AVR demonstration, pursuant to Rule 2202 ECRP guidelines, in lieu of a triennial program, shall pay the appropriate annual analysis fee rather than the triennial program fee.

    (F) Program Strategy Amendments

    A person submitting an amendment to program strategies consisting of the deletion or the replacement of any existing program strategies shall pay a fee of $104.80 for each submittal per worksite. This fee shall not apply when the amendment consists solely of additional or enhanced strategies to the program or when the strategy amendment is submitted at the same time as part of the triennial program or annual analysis submittal. Furthermore, any employer adding or deleting a worksite to a multi-site or geographic program shall pay a fee of $104.80 per worksite being added or deleted, unless the worksite being deleted is no longer subject to Rule 2202.

    (G) Extension Requests

    Any person requesting a due date extension shall pay a fee of $51.80 per worksite.

    (H) AVR Certification Fees

    Any person requesting District certification of AVR verification methods, pursuant to Rule 2202 ECRP guidelines, shall pay a fee of $262.10. No additional fee will be due after a first disapproval and resubmittal. A second fee of $262.10 shall be paid with a second resubmittal after a second disapproval.

  5. Late Submittal and Resubmittal Fees
  6. A fifty percent (50%) increase in the applicable registration, triennial ECRP or annual analysis fee established in subparagraph (c)(1), (c)(2)(A) or (c)(2)(B) shall be paid as a late fee where an applicable fee is not received in full on or before the due date for the registration, program or analysis.

(d) Determination of Applicability of Late Fees

The fee payment will be considered to be received by the District if it is postmarked by the United States Postal Service on or before the program/annual analysis due date and received in full. If the program/annual analysis due date falls on a Saturday, Sunday, or a state holiday, the fee payment may be postmarked on the business day following the Saturday, Sunday, or the state holiday with the same effect as if it had been postmarked on the program/annual analysis due date. No further program applications for a particular worksite will be accepted or approved until such time as all overdue fees have been fully paid.

(e) Government Agencies

Federal, state, or local government agencies or public districts shall pay all fees.

(f) Software Certification Fees

The District may certify independent computer software capable of reproducing trip reduction program forms, thereby allowing employers to file triennial and annual analysis programs using electronic media.

  1. Fees for certification will be assessed to cover the costs of processing the certification application and for the testing and validation of the software's reliability and ability to meet District's software specifications and program requirements.
  2. Fees shall be paid at the time that the software is submitted for certification as follows:
  3. (A) Initial Certification Fee $524.20

    (B) Recertification Fee $262.10

(g) The District will certify ECRP training programs pursuant to Rule 2202 ECRP guidelines. Fees for certification will be assessed to cover the costs of processing the certification application, reviewing the proposed curriculum, and assessing the training provider's qualifications.

  1. Fees shall be paid at the time that the qualifications and/or the curriculum is submitted for certification as follows:
  2. Provider Firm Certification Recertification
    (A) Instructor $262.10 $131.00
    (B) Curriculum $524.20 $262.10

(h) Request for Time Extension of Payment Due

Whenever this rule requires fees to be paid by a certain date to avoid expiration, cancellation, or the imposition of an increased fee for late payment, the Executive Officer may, for good cause, grant an extension of time, not to exceed one hundred eighty (180) days, within which the fee payment shall be made. Any request for an extension of time hereunder shall be made in writing and accompanied by a statement of reasons why the extension should be granted.

(i) An employer who has declared bankruptcy, for the official business or governmental operations of its organization or company, through a judicial court filing and confirmation process, may request the Executive Officer to grant a temporary waiver from complying with the requirements of Rule 2202 and Rule 308. Upon demonstration of the filing and confirmation of bankruptcy, the Executive Officer will grant an exemption for the duration of bankruptcy, not to exceed two (2) years from the date of the waiver.

(j) Adjustment of Fees

The Executive Officer may, upon finding an administrative error by District staff regarding the calculation, imposition, noticing, invoicing, and/or collection of any fee set forth within this rule, rescind, reduce, increase, or modify such fee. Any request for such relief from an administrative error shall be received by the District in writing prior to the expiration date of notification of the amount due, accompanied by a statement of why such relief should be granted. Claims for refund of any fee required by this rule shall be submitted in writing within one (1) year after the fee was paid.

(k) Service Charge for Returned Check

Any person who submits a check to the District on insufficient funds or on instructions to stop payment on the check, absent an overcharge or other legal entitlement to withhold payment, shall be subject to a $25.00 service charge.