SCAQMD RULE 1501 WORK TRIP REDUCTIONS
LAST REVISED 04/14/95

(Adopted December 11, 1987)(Amended May 17, 1990)(Amended December 6, 1991)

(Amended February 12, 1993)(Amended June 11, 1993)(Amended October 8, 1993)

(Amended March 11, 1994)(Amended April 14, 1995)

RULE 1501. WORK TRIP REDUCTION PLANS

(a) Purpose

The purpose of this Rule is to reduce work trips by requiring employers of 100 or more employees to implement work trip reduction plans designed to attain average vehicle ridership (AVR) targets. This Rule will increase the AVR of work trips and reduce the number of work-related vehicle trips and miles traveled so as to help comply with the transportation performance standards and ambient air quality standards in the federal and state Clean Air Acts.

(b) Applicability

(1) This Rule applies to any employer who employs 100 or more employees on a full or part-time basis at a worksite for a consecutive six-month period calculated as a monthly average.

(2) Any employer who is subject to this Rule in accordance with the provisions of subdivision (b)(1) must notify the Executive Officer within 30 days of becoming subject to this Rule. The notice to the Executive Officer shall be in writing, and shall include the employer's name, the business and mailing address, the number of employees reporting to the worksite, and the name of the highest ranking official at the worksite. Upon or prior to receipt of the notice, the Executive Officer shall forward a notification letter to the employer, and 90 days from receipt of the letter the employer shall submit a plan and shall be subject to all provisions of this Rule.

(3) In the case of ownership mergers or change of ownership of a worksite currently subject to the provisions of the Rule, the new owner shall notify the District of this change within 30 days of the new ownership. Upon or prior to receipt of the notice, the Executive Officer shall forward a notification letter to the new employer, and 90 days from receipt of the letter, the employer shall submit a work trip reduction plan pursuant to subdivision (e), to the Executive Officer and shall be subject to all provisions of this rule. The new owner(s) may opt to submit a new management commitment letter, in lieu of a new plan, which states they will continue to implement the plan approved by the District for the prior owner(s), according to provisions of Rule 1501.

(4) Any employer currently subject to the rule that relocates to a new worksite must notify the Executive Officer within 30 days of the relocation. Employers relocating within 2 miles of the previous worksite may continue to implement the most recently approved plan. Employers relocating more than 2 miles from the previous worksite must submit a new work trip reduction plan to the Executive Officer. Upon or prior to the receipt of the employer's notice of relocation, the Executive Officer shall forward written notice to the employer, and 90 days from receipt of the letter, the employer shall submit a work trip reduction plan pursuant to subdivision (e).

(5) The provisions of this Rule, as amended, will become effective July 1, 1995. Until the effective date of this Rule, affected employers will remain subject to Rule 1501, as amended March 11, 1994.

(c) Exemptions

(1) Any employer who has submitted a plan pursuant to this Rule and whose employee population at the worksite decreases to fewer than 100 employees for the prior consecutive six month period, calculated as a monthly average; or fewer than 33 employees scheduled to report to work Monday through Friday between 6-10 AM for the prior consecutive 90 days, may submit a written request to the Executive Officer to be exempted from this Rule. The requirements for exemption are: to submit the District's exemption request form and maintain documentation on site for verification as required by subdivision (q).

(d) Definitions

For the purpose of this Rule, the following definitions shall apply:

(1) AGGREGATE AVR means the weighted average AVR of several different worksites within the same AVR target areas that are included within one work trip reduction plan. Aggregated AVR is calculated in accordance with paragraph (n)(2).

(2) ANNUAL ANALYSIS means an annual report submitted to the Executive Officer that contains the information required by subdivision (k).

(3) AVERAGE VEHICLE RIDERSHIP (AVR) means the current number of employees scheduled to report to work during the window for calculating AVR defined by paragraph (d)(41) divided by the number of vehicles arriving at the worksite during the same window.

(4) AVR CALCULATION means the numerical method used to determine the worksite's AVR. AVR is calculated pursuant to subdivision (n).

(5) AVR TARGET means the AVR that a work trip reduction plan is designed to achieve for a particular worksite. The AVR targets are as follows:

Area 1: 1.75 AVR

Area 2: 1.5 AVR

Area 3: 1.3 AVR

(See Attachment 1 for locations of AVR Areas)

(6) AVR VERIFICATION METHOD means a method for gathering employee commute mode data needed to calculate an employer's AVR.

(7) BIENNIAL PLAN means a work trip reduction plan submitted to the Executive Officer every other year, pursuant to the provisions of this rule, that includes strategies to achieve the employer's AVR target.

(8) BUSPOOL is a vehicle occupied by sixteen (16) or more people traveling together between their residences and their worksites or destinations for the majority of the total trip distance. Employees who work for different employers, as well as non-employed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

(9) CARPOOL is a vehicle occupied by two (2) to six (6) people traveling together between their residences and their worksites or destinations for the majority of the total trip distance. Employees who work for different employers, as well as non-employed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

(10) CENTRALIZED RIDESHARE SERVICE CENTER is a strategy that may be used by employers submitting multi-site or geographic plans, that will provide equivalent services to that of an ETC.

(11) COMPRESSED WORK WEEK applies to employees who as an alternative to completing the basic work requirement in five eight hour workdays in one week, or 10 eight hour workdays in two weeks, are scheduled in a manner which reduces vehicle trips to the worksite. The recognized compressed work week schedules for this Rule are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days (9/80). Compressed work week credit will only be granted when all days worked and all earned days off fall within the AVR survey week.

(12) CONSULTANT ETC means a person that meets the requirements of paragraphs (o)(1) and (o)(4) and that serves as either a Senior ETC or an ETC at a single worksite for an employer other than the Consultant ETC's employer.

(13) DIRECT FINANCIAL AWARD means a trip reduction strategy in which the employer awards cash, prizes, or items of cash value to an employee for specified rideshare behavior.

(14) DISABLED EMPLOYEE means an individual with a physical impairment which prevents the employee from traveling to the worksite by means other than a single-occupant vehicle.

(15) EMPLOYEE means any person employed by a person(s), firm, business, educational institution, non-profit agency or corporation, government or other entity. The term exempts the following as defined elsewhere in this rule: seasonal employees; temporary employees; volunteers; field personnel; field construction workers; and independent contractors.

(16) EMPLOYEE TRANSPORTATION COORDINATOR (ETC) means an employee, other individual, or entity appointed by an employer who meets the requirements of subdivision (o) and has been appointed to develop, market, administer, and monitor the Employer Trip Reduction Program on a full or part-time basis.

(17) EMPLOYER means any person(s), firm, business, educational institution, non-profit agency or corporation, government agency, or other entity that employs 100 or more employees. 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.

(18) EXECUTIVE OFFICER means the Executive Officer of the South Coast Air Quality Management District (District).

(19) FIELD CONSTRUCTION WORKER means an employee who reports directly to work at a construction site.

(20) FIELD PERSONNEL means employees who spend 20% or less of their work time, per week, at the worksite and who do not report to the worksite during the peak period for pick-up and dispatch of an employer-provided vehicle.

(21) GEOGRAPHIC PLAN means a single work trip reduction plan submitted to the Executive Officer to comply with this Rule that encompasses several different employers that each employ 100 or more employees at a worksite.

(22) HOLIDAYS are those days designated as National and State Holidays, that shall not be included in the AVR survey period.

(23) INDEPENDENT CONTRACTOR means an individual who enters into a direct written contract or agreement with an employer to perform certain services and is not on the employer's payroll.

(24) LOW-INCOME EMPLOYEE means an individual whose salary is equal to, or less than, the current individual income level set in the California Code of Regulations, Title 25, Section 6932, as lower income for the county in which the employer is based. Higher income employees may be considered to be "low-income" if the employees demonstrate that the plan strategy would create a substantial economic burden.

(25) MULTI-SITE EMPLOYER means any person(s), firm, business, educational institution, non-profit agency or corporation, government agency or other entity which has more than one worksite within the South Coast Air Quality Management District where 100 or more employees report to a worksite.

(26) MULTI-SITE PLAN means a single work trip reduction plan submitted to the Executive Officer to comply with this Rule that encompasses more than one worksite that belongs to a multi-site employer.

(27) NO FAULT INSPECTION is a pre-arranged Rule 1501 worksite trip reduction plan compliance inspection that is initiated by the employer or the employer representative and is conducted by District compliance staff, without penalty for non-compliance.

(28) NONCOMMUTING AVR CREDIT applies to employees who arrive at the worksite during the window for calculating AVR, and remain at the worksite or out of the District's jurisdiction for one day or more to complete work assignments. AVR credit is allowed for employees who generate no vehicle trips associated with arriving at the worksite because the employee has remained at the worksite or is no longer within the District's jurisdiction for one day or more, during the week of the survey.

(29) ON-SITE COORDINATOR means a person who meets the requirements of paragraph (o)(3) and serves as an on-site contact for employees at a worksite covered under a multi-site or geographic work trip reduction plan or served by a Consultant ETC.

(30) PART-TIME EMPLOYEE means any employee who reports to a worksite on a part-time basis fewer than 32 hours per week, but more than four hours per week. These employees shall be included in the employee count for purposes of Rule applicability; and for AVR calculations of the employer provided the employees report to the worksite during the window for calculating AVR.

(31) PLAN DUE DATE is the date the work trip reduction plan is due to be submitted to the Executive Officer. The plan due date shall be established as set forth in subdivision (b) or on the anniversary date of the previous plan due date, unless extended by the Executive Officer for the benefit of the District or upon request by the employer pursuant to subdivision (h).

(32) SEASONAL EMPLOYEE means a person who is employed for less than a continuous 90-day period or an agricultural employee who is employed for up to a continuous 16-week period.

(33) SENIOR EMPLOYEE TRANSPORTATION COORDINATOR means a person who meets the requirements of paragraph (o)(1) and is responsible for the development, implementation, monitoring, and marketing of a single site, multi-site or geographic work trip reduction plan and is responsible for On-site Coordinators.

(34) STRATEGY means a trip reduction plan element developed, offered and/or implemented by employers for the purpose of encouraging employees to use modes of transportation other than single occupant vehicles when reporting to work during the employer's window.

(35) TELECOMMUTING means working at home, off-site, or at a telecommuting center, for a full workday, that eliminates the trip to work or reduces travel distance by more than 50%.

(36) TEMPORARY EMPLOYEE means any person employed by an employment service or agency, that reports to a worksite other than the employment agency's worksite, under a contractual arrangement with a temporary employer. Temporary employees are only counted as employees of the temporary agency for purposes of Rule applicability and calculating AVR.

(37) TOTAL SURPLUS VEHICLE REDUCTIONS (TSVR) is the sum of the surplus daily commute vehicle reductions that exceeds the AVR target, calculated according to paragraph (n)(3), at each site included in a multi-site or geographic plan.

(38) TOTAL VEHICLE REDUCTION SHORTFALL (TVRS) is the sum of the additional daily commute vehicle reductions needed to attain the AVR target, calculated according to paragraph (n)(3), at each site included in a multi-site or geographic plan.

(39) TRANSPORTATION MANAGEMENT ASSOCIATION OR TRANSPORTATION MANAGEMENT ORGANIZATION (TMA/TMO) means a private/non-profit association that has a financial dues structure joined together in a legal agreement for the purpose of achieving mobility and air quality goals and objectives within a designated area.

(40) TRAINING PROVIDER means a person(s), firm, business, educational institution, non-profit agency, corporation, or other entity which meets the requirements of subdivision (p) and is certified by the Executive Officer to provide training as required by this Rule to Senior ETCs, ETCs, and On-site Coordinators.

(41) VANPOOL is a vehicle occupied by seven (7) to fifteen (15) people traveling together between their residences and their worksites or destinations for the majority of the total trip distance. Employees who work for different employers, as well as non-employed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

(42) VEHICLE TRIP is based on the means of transportation used for the greatest distance of an employee's home-to-work commute trip for employees who start work during the peak period. Each vehicle trip to the worksite shall be calculated as follows:

Single-occupant vehicle = 1

Carpool = 1 divided by number of people in carpool

Vanpool = 1 divided by number of people in vanpool

Motorcycle, moped, motorized scooter, motor bike = 1 divided by number of people on bike

Public transit = 0

Buspool = 0

Bicycle = 0

Walking and other non-motorized transportation modes = 0

Noncommuting = 0

Telecommuting = 0 on days employee is telecommuting for the entire day

Compressed Workweek = 0 on employee's compressed day(s) off

Zero-emission vehicles = 0

(43) WINDOW FOR CALCULATING AVR means the period of time comprised of both hours and days used to calculate AVR pursuant to paragraph (n)(4).

(44) WORK TRIP REDUCTION PLAN means a biennial plan or annual analysis submitted to the Executive Officer, pursuant to the provisions of this Rule.

(45) WORKSITE means a structure, building, portion of a building, or grouping of buildings that are in actual physical contact or are separated solely by a private or public roadway or other private or public right-of-way, and that are occupied by the same employer. Employers may opt to treat more than one structure, building or grouping of buildings as a single worksite, even if they do not have the above characteristics, if they are located, in part or whole, within a 2 mile radius and are in the same target AVR area.

(46) WORKSITE EMPLOYEE THRESHOLD means 100 employees employed at a single worksite for the prior consecutive six month period calculated as a monthly average and 33 or more employees scheduled to report to work during the window any one day during the prior consecutive 90 days.

(e) Work Trip Reduction Plan Submittal Requirements

Within 90 days of receipt of notification pursuant to subdivision (b), or on the plan due date, an employer shall submit a work trip reduction plan designed to meet the appropriate AVR target by selecting one of the following options set forth below:

(1) An employer may comply with this Rule by creating an individualized work trip reduction plan that undergoes review by the Executive Officer. An employer may select any one of the options listed below when submitting a plan under this provision.

(A) Each multi-site or single-site employer shall submit to the Executive Officer a single site work trip reduction plan or annual analysis for each worksite with 100 or more employees; or,

(B) Each multi-site employer may submit to the Executive Officer a multi-site work trip reduction plan or annual analysis for each group of worksites as defined by the employer; or,

(C) Single site or multi-site employers may request to submit a geographic work trip reduction plan that encompasses more than one employer. The group of employers must be located within the same building, or each employer must be within one-half mile of all other employers covered in the plan, or within 5 miles if they belong to a TMA/TMO registered with the Executive Officer. Further, all employers must enter into a legally binding agreement regarding plan preparation and implementation. Upon receipt of a notice of violation from the Executive Officer the work trip reduction plan is subject to revocation upon written notification from the Executive Officer. Following such notification, each employer shall be required to submit a separate work trip reduction plan for each worksite within 90 days of receiving the written notice.

(2) Any employer who achieves its AVR target for a single worksite or multi-sites that have aggregated their AVR pursuant to paragraph (n)(2), is not required to submit a subsequent biennial work trip reduction plan. Thereafter for as long as their target AVR is maintained, employers having achieved their target AVR will only be required to submit an annual analysis, along with a management commitment letter as described in subparagraph (f)(1)(G); or employers may opt to request a No Fault Inspection pursuant to the provisions of subparagraph (k)(2). Achievement of the AVR target shall be demonstrated by an approved AVR verification method complying with paragraph n)(5). If the AVR calculation for any subsequent year demonstrates that the AVR target has not been achieved, the employer must submit a revised biennial work trip reduction plan to the Executive Officer by the plan due date pursuant to the provisions of this Rule.

(f) Work Trip Reduction Plan Requirements

(1) A work trip reduction plan, approved by the Executive Officer, that encompasses multi-sites, geographic plans, or single site employers shall include, but not be limited to the following:

(A) The name, ETC certificate number or training certificate for the designated employee transportation coordinator (ETC), Senior ETC and On-site Coordinator, or Consultant ETC and On-site Coordinator at each worksite responsible for the preparation, implementation, and monitoring of the plan. If the ETC is not an employee then the name of an On-site Coordinator must also be submitted. The Executive Officer may approve site specific requests submitted by multi-site employers or multiple employers under a Geographic plan to provide a centralized rideshare service center as an alternative to the requirement for an On-site Coordinator. Requests for approval of alternatives shall be initially included with the biennial work trip reduction plan and describe in detail the centralized rideshare service center and how it will provide equivalent services to the specific worksite(s). The Executive Officer will review each alternative strategy on a case by case basis and accept or reject the proposal depending on whether the Executive Officer determines that the alternative strategy meets all of the following criteria:

(i) Ensures that employees have access to a designated ETC or On-site Coordinator;

(ii) Ensures that the work trip reduction plan is adequately marketed and implemented at each specific site; and

(iii) Ensures that a responsible ETC or On-site Coordinator is available to District compliance staff.

(B) A calculation of the existing AVR at each worksite, as determined pursuant to subdivision (n) or calculations to identify the window for determining AVR, if an alternative window is used.

(C) A description of the AVR verification method used to determine AVR that complies with paragraph (n)(5).

(D) A description of specific strategies the employer will provide to employees, and a schedule for their implementation which can reasonably be expected to lead to achievement of the AVR target within 24 months and continued achievement and maintenance of the target AVR thereafter. Multi-site and geographic plans may identify in one list the strategies offered at all worksites but must identify any differences in strategies offered at individual worksites. At a minimum, the schedule shall include a time frame for implementing each strategy included in the work trip reduction plan.

(E) A zip code listing, to be kept at the worksite, showing where all employees live who report to the worksite during the window for calculating AVR.

(F) The number of transit (bus/rail) lines within 1/4 mile or three blocks from each worksite, and the frequency of those routes.

(G) A management commitment cover letter, signed by the highest-ranking employee at the worksite or the executive officer responsible for allocating the resources necessary to implement the plan. Geographic plans must include commitment letters from each employer's highest-ranking employee or executive officer responsible for allocating the resources necessary to implement the plan. The letter must include a commitment to fully implement the plan, and a statement that notification to employees occurred pursuant to subdivision (g), that employee ideas were actively solicited in the process of plan development pursuant to paragraph (g)(1), and that all data in the plan is accurate to the best of the employer's knowledge.

(H) A description of the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or the employer's business cycles will be required in the initial filing of the streamlined plan forms. Thereafter, only substantial changes will be reported.

(I) The number of employees scheduled to report to each worksite each day during a typical week, and their scheduled or actual report times.

(J) A marketing component which ensures all employees are regularly informed of all components of the work trip reduction plan.

(K) Each employer shall provide for employee involvement either through an employee survey that includes questions soliciting suggestions for plan improvement and/or strategies which may be used for work trip reduction plan development, or as an alternative to such questions on the survey, an employer may implement a program which actively involves employees.

(L) Written verification that the facility will obtain the daily air pollution predictions as required by provisions (f)(1)(M) and (f)(1)(N) of this Rule, and maintain a log of those predictions.

(M) A description of the emergency actions to be taken when a Stage-2 episode is predicted. Actions shall include, but are not limited to: (a) posting signs announcing that a Stage-2 air pollution episode is predicted; (b) encouraging ride-sharing; and (c) reducing fleet vehicle miles driven by 20 percent.

(N) A description of the emergency actions to be taken when a Stage-3 episode is predicted. Actions shall include, but are not limited to: (a) posting signs announcing that a Stage-3 air pollution episode is predicted; (b) companies normally closed on major national holidays will shut down all operations, maintaining only minimum staff for security, public information, and public assistance; and (c) companies normally open on major national holidays to reduce fleet vehicle miles driven by 20 percent and employee vehicle miles traveled (to and from work) by at least 65 percent.

(2) In addition to the information required by paragraph (f)(1), multi-site and geographic work trip reduction plans are subject to the following provisions:

(A) Employers who submit a multi-site or geographic plan have the option of aggregating AVR for worksites located within the same AVR target area, provided the calculation procedures specified in paragraph (n)(2) are followed.

(B) In lieu of attaining AVR targets at each employer site, employers who submit multi-site or geographic plans may elect to demonstrate reductions in daily commute vehicles that are equivalent to or greater than the total vehicle reduction shortfall (TVRS) at employer sites in any of the three AVR target areas, provided the calculation procedures specified in paragraph (n)(3) are followed.

(C) Worksites included in a multi-site or geographic plan shall all be on the biennial cycle or all on the annual analysis cycle, and shall initially be submitted as a biennial multi-site or geographic plan.

(D) Employers have the option of either providing an ETC at each worksite; or providing one Senior ETC responsible for plan submittal and implementation and one On-site Coordinator at each worksite responsible for marketing the work trip reduction plan at that site; or a centralized rideshare service center as described in subparagraph (f)(1)(A).

(E) Any employer who deletes a worksite from a multi-site or geographic plan shall send written notice of the plan amendment to the Executive Officer within 30 days of the change and submit an amendment or new work trip reduction plan 60 days after the notice. The deleted worksite must submit a single site work trip reduction plan within 90 days after the notice unless no longer subject to the Rule. In the event a new worksite wants to be included in a geographic or multi-site plan, a plan amendment must be submitted and approved by the Executive Officer before the added worksite can be included in the plan. The previously approved work trip reduction plan for the worksite being added shall remain in effect until the new work trip reduction plan is approved.

(F) For the purpose of demonstrating attainment of the AVR target, employers submitting multi-site plans or members of a geographic plan may include worksites employing fewer than 100 employees in the aggregated AVR. For these worksites to be included in the aggregate AVR the following criteria must be met:

(i) The employee work trips must have occurred during the window defined by this Rule;

(ii) The work trip reductions must have occurred during the previous plan year in order to demonstrate that an AVR baseline calculation has been established.

(iii) The AVR verification method must be previously approved and certified by the Executive Officer; and

(iv) The AVR credit shall be determined by utilizing the methodology for aggregating worksites in paragraph (n)(2);

(3) The plan continues in effect if the AVR targets are achieved within two years after the date of the most recent plan due date. Otherwise, a biennial work trip reduction plan must be submitted and shall include, in addition to the information required by paragraphs (f)(1) and (f)(2) as appropriate, the following:

(A) An evaluation of the effectiveness of each strategy; and

(B) An analysis of why the plan did not work, and an explanation how the revised plan will succeed in achieving the AVR target.

(g) Employee Notification

(1) The employer shall provide notice to employees of the provisions of any proposed work trip reduction plan or update, and identify the location and date that the plan and a copy of Rule 1501 can be reviewed by employees. Such notice shall be provided in a location(s) or manner accessible to all employees, for a period of 30 days prior to submittal of the proposed plan to the Executive Officer. Notice of resubmittals shall be provided no later than 15 days prior to submittal to the Executive Officer. The notice shall designate the individual or individuals to whom comments may be submitted.

(2) The employer shall provide notice to employees of plan approval by the Executive Officer within 30 days of receipt by the employer of such approval. For the purpose of initiating appeals under Rule 216 (b), by or on behalf of an employee, the date on which the employer posts notice of the work trip reduction plan's approval shall be determined to be the date of decision or action of the Executive Officer.

(h) Extension Provisions

An employer may request an extension to the plan due date under the following circumstances:

(1) In the event that the employer reasonably needs more time to prepare and submit a plan meeting the requirements of this Rule, additional time may be sought from the Executive Officer. Such requests must be in writing and must state why such extension is requested, what progress has been made toward developing the work trip reduction plan, and for what length of time the extension is sought. All requests to the Executive Officer must be received no later than 15 calendar days prior to the plan due date. Requests will be considered on a case-by-case basis but will not be granted for reasons which are reasonably expected to be in the control of the employer.

(2) An employer may request an extension to the plan due date after the plan has been disapproved for the first time. The request must be received within 15 days of the receipt of the plan disapproval. Extensions totaling 60 days to submit a revised plan may be granted for good cause.

(3) The Executive Officer shall inform the employer in writing whether or not the extension has been granted within 15 calendar days of receipt of request for extension.

(4) An employer may, upon receipt of a written objection to the terms of the proposed plan by an employee, employee representative or employee organization, request a single extension of 30 days. A copy of the written objection must be attached to the request. One such request shall be granted by the Executive Officer; no subsequent extension may be granted for this purpose.

(i) Work Trip Reduction Plan Revisions

An approved work trip reduction plan may be revised between plan submittal dates by submitting a plan revision in writing to the Executive Officer. Any changes to an approved plan which is in effect, including, but not limited to, strategies or change of employee transportation coordinator at the site, must be submitted in writing to the Executive Officer. The revision shall not be effective until approved by the Executive Officer in writing. Any change that affects the attainment of the AVR and requires evaluation by District staff is subject to a per site amendment fee.

(j) Plan Duration

Any work trip reduction plan previously approved by the Executive Officer shall be in effect until an updated plan is approved by the Executive Officer.

(k) Annual Analysis

(1) An annual analysis of the effectiveness of the work trip reduction plan must be performed and submitted to the Executive Officer by the employer each year no later than the anniversary date of the most recently submitted biennial plan due date. The annual analysis shall include the following:

(A) The AVR at the worksite, as determined by subdivision (n);

(B) An AVR verification method that complies with paragraph (n)(5);

(C) Certification that all strategies listed in the approved plan were offered to employees;

(D) The name and certification number of the ETC responsible for preparation of the annual analysis; and

(E) A Management Commitment letter described in subparagraph (f)(1)(G).

(2) As an alternative to submitting an annual analysis and the associated fees, an employer, which has:

(A) Achieved its appropriate AVR target; and

(B) Demonstrated compliance with its Trip Reduction Plan, through a No Fault Inspection, within the preceding 6 months, may fulfill the reporting requirements of this option by submitting:

(i) A statement of management commitment to continued implementation of the approved trip reduction plan;

(ii) The worksite AVR as determined by subdivision (n); and

(iii) A letter from the AQMD Compliance Team verifying compliance with their Trip Reduction Plan as a result of a No Fault Inspection.

Employers using this alternative will not be penalized for shortcomings identified during the No Fault Inspection.

(3) If the annual analysis indicates that satisfactory progress towards achieving the AVR target has not occurred, the Executive Officer may consult with the employer regarding methods for improving AVR.

(l) Plan Review

(1) The Executive Officer shall review and approve work trip reduction plans as follows:

(A) Work trip reduction plans shall be approved provided the plan demonstrates that implementation of the strategies will cause the employer to meet the AVR target. The District may not require an employer to provide direct financial awards in order to have a plan approved.

(B) Work trip reduction plans submitted as described in subparagraph (l)(1)(A) shall be approved provided the plan and plan submittal complies with all of the requirements of this Rule and Rule 308.

(2) The Executive Officer will either approve or disapprove the plan, in writing, within 90 calendar days of receipt of the plan, or, if not approved or disapproved within 90 days, shall be deemed approved, except during the 90 day review period, District staff may send a letter to the employer indicating the reasons for requiring additional review time, up to 30 days.

(3) Prior to disapproving a plan, the plan reviewer and/or supervisor will contact the employer to provide an opportunity to discuss plan inadequacies.

(4) If a plan is disapproved, the reasons for disapproval shall be given in writing to the employer. Any plan disapproved by the Executive Officer must be revised by the employer and resubmitted to the Executive Officer within 30 calendar days of receipt of the notice of disapproval, or the employer shall be deemed to be in violation of this Rule. The Executive Officer shall review the revised plan and notify the employer in writing whether the work trip reduction plan is approved or disapproved. Upon receipt of the second disapproval notice, and until such time as a revised plan is submitted and approved by the Executive Officer, the employer is in violation of this Rule. The Executive Officer has 90 days to review the resubmitted plan. If the employer believes that the plan meets the requirements of the Rule and that the plan was improperly disapproved, the employer may appeal the disapproval to the District Hearing Board. A petition for appeal of a disapproval must be made within 10 calendar days after the employer receives the notice of disapproval.

(5) The Executive Officer will disapprove a plan unless it complies with all provisions of this Rule, Rule 1501.1, Rule 308 and Rule 306.

(6) Notwithstanding the foregoing, the District shall not impose any requirements that are not a part of this Rule, Rule 1501.1, Rule 308 or Rule 306. The District may only request information to the extent that it is reasonably necessary to determine compliance with these rules.

(m) Third Party Request

(1) The Executive Officer shall not approve any plan if the employer, an employee(s), an employee representative, or employee organization requests, in writing, within 10 days of plan submittal, that the Executive Officer delay such action for a period of time not to exceed the 90th day after plan submittal. Such a request must be made in writing within 10 days of the plan submittal. If the request is made by a party other than the employer, the party must concurrently submit written comments to the employer setting forth the objection(s). Upon receiving such a request, the Executive Officer shall not approve the plan during the time requested. The Executive Officer shall maintain neutrality with respect to any negotiations regarding the work trip reduction plan. Nothing in this paragraph shall be construed to affect the employer's duty to comply with all provisions of this Rule, including the requirement to implement an approved work trip reduction plan and comply with applicable deadlines.

(2) A work trip reduction plan shall be disapproved if any employee, employee representative, or employee organization submits information demonstrating that:

(A) The plan includes strategies, such as parking charges and,

(B) Such strategies would create a widespread and substantial disproportionate impact on minorities, women, low-income or disabled employees.

A plan shall not be disapproved pursuant to this subdivision if it includes such provisions as are necessary to ensure a reasonable opportunity for employees to commute by means other than a single-occupant vehicle and thereby avoid the disproportionate impact described above. The Executive Officer shall provide the employer an opportunity to review and respond in writing to information submitted by an employee, employee representative or employee organization pursuant to this subdivision. The burden of proof that a plan should be disapproved pursuant to this subdivision rests with the employee, employee representative, or employee organization submitting the information.

(3) If a final determination that an element of an approved work trip reduction plan violates any provision of law is issued by any agency or court with jurisdiction to make such determination, then the employer shall, within 45 days, submit a proposed plan revision to the Executive Officer which shall be designed to achieve an AVR equivalent to the previously approved plan.

(n) Current AVR Calculations

(1) The procedures for calculating AVR at single worksites except as provided in subparagraph (n)(1)(B), and for multi-site plan and geographic plans not aggregating AVR shall be as follows:

(A) The AVR calculation shall be based upon data obtained from a method pursuant to paragraph (n)(5) and shall include all employees scheduled to report in the window as defined in paragraph (d)(43).

(B) The AVR shall be calculated by dividing the number of employees who report to the worksite, during the window, by the number of vehicles that arrive at the worksite, during the same window. All employees that report to the worksite, during the window, that are not accounted for in the AVR verification method, with the exception of employees that are identified in the AVR verification process as being on vacation, sick, dispatched directly from home or otherwise not included in the AVR calculation, shall be calculated as one employee per vehicle arriving at the worksite. Employees walking, bicycling, telecommuting, using public transit, using a zero emissions vehicle, or on their day off under a compressed work week shall be counted as employees arriving at the worksite without vehicles. Motorcycles are counted as vehicles. If two or more employees from different employers commute in the same vehicle, each employer must account for a proportional share of the vehicle consistent with the number of employees that employer has in the vehicle. Noncommuting AVR credit is allowed for employees who remain at the worksite (if in the District's jurisdiction), or entirely out of the District's jurisdiction, for a period of at least one day, to complete work assignments, and generate no vehicle trips during the AVR window associated with arriving at the worksite. Noncommuting AVR credit is calculated as arriving at the worksite with no vehicle. AVR credit for all employees leaving the worksite, during the window, may be calculated and averaged with employees arriving at the worksite during the window to obtain an aggregate AVR. Such credit can be taken initially only in a biennial work trip reduction plan submittal.

(C) Additional credit toward an employer's AVR target shall be granted for the use of compressed natural gas-, methanol-, propane-, or electric-fueled vehicles by employees for work commute trips that have been certified and or approved by the CARB to have met the Transitional Low Emission Vehicle (TLEV), Low Emission Vehicle (LEV), Ultra Low Emission Vehicle (ULEV) or Zero Emission Vehicle (ZEV) emission standards. The credit shall be granted for each year the vehicle is used for up to five years following the year of procurement but not later than December 31, 1999, and determined according to the following equation:

AVR = E/TV

TV = CV + (1/6) x CNG + (1/5) x M + (1/5) x P + (0) x ZEVWhere:

TV= Total Vehicles Arriving at the Worksite

CV= Conventional Motor Vehicles

E = Total Employees in the AVR Verification Method

CNG= Compressed Natural Gas Vehicles

M= Flexible Fuel Vehicles operated on Methanol

P= Propane Vehicles

ZEV= Zero Emission Vehicles

(2) The aggregate AVR shall be calculated by using the following formula:

A AVR = (E1 + E2 +...+ En) / (TV1 + TV2 +...+ TVn)

Where: A AVR = Aggregated AVR

En= Total Employee in the AVR Verification Method for Site n

TVn = Total Vehicles Arriving at Worksite n

1 = The First Worksite

2 = The Second Worksite

n = The nth Worksite

The aggregate AVR is determined by dividing the sum of the total employees accounted for in the AVR verification method at each worksite by the sum of the total motor vehicles arriving at each worksite.

In all other respects, the procedure for calculating AVR for more than one worksite within the same AVR target zone shall be the same as in paragraph (n)(1).

(3) The total vehicle reduction shortfall (TVRS) is determined by the following equation:

TVRS = (VRS1 + VRS2 +...+VRSn)Area 1

+ (VRS1 + VRS2 +...+VRSm)Area 2

+ (VRS1 + VRS2 +...+VRSl)Area 3

Where: TVRS = Total Vehicle Reduction Shortfall

n = Number of Sites in Area 1 Currently not Meeting AVR Target of 1.75

m = Number of Sites in Area 2 Currently not Meeting AVR Target of 1.5

l = Number of Sites in Area 3 Currently not Meeting AVR Target of 1.3

VRSn = Daily Commute Vehicle Reduction Shortfall at nth Site in Area 1

VRSm = Daily Commute Vehicle Reduction Shortfall at mth Site in Area 2

VRSl = Daily Commute Vehicle Reduction Shortfall at lth Site in Area 3

The daily commute vehicle reduction shortfall (VRS) at each site is the additional number of commute vehicles that are required to be reduced by the site in order to attain its AVR target and is determined by the following equations:

VRSi = TVi x (AVR Shortfall), and

AVRi

_______

AVR Shortfall = 1 -

AVRT

Where:VRSi = Vehicle Reduction Shortfall at site (i)

TVi = Total Number of Daily Commute Vehicles Arriving at Site (i) During the Window

AVRi = Current AVR of Site (i)

AVRT = AVR Target of Site (i) (1.3, 1.5, or 1.75 depending on the AVR Target Area the Site is Located in)

Surplus vehicle reductions (SVR) from sites that exceed their AVR target may be credited towards an employer's TVRS. The credit is determined by the following equations:

SVRi = TVi x (AVR Surplus), and

AVRi

_____

AVR Surplus = - 1

AVRT

Where: SVRi = Surplus Vehicle Reduction Credit for Site (i)

Employers with total surplus vehicle reductions (TSVR) credit equal to or greater than TVRS will be considered to have attained the AVR targets at each employer site.

(4) The employer shall calculate the AVR pursuant to the 6:00 a.m. - 10:00 a.m., Monday thru Friday window. Alternatively, upon receiving written approval from the Executive Officer, the employer may calculate AVR pursuant to the consecutive four hour period between 4:00 a.m. and 11:00 a.m., and the five day period of the seven day week when the majority of their employees are scheduled to report to the worksite. The hours and days chosen must be consecutive.

(5) AVR Verification Methods

(A) Each employer shall verify AVR by one of the following applicable methods:

(i) Employers have the option of determining AVR by a survey approved by the Executive Officer. The survey must be taken over the five consecutive workdays determined pursuant to paragraph (n)(4) and identify the transportation modes employees use to travel to the worksite during the designated window for calculating AVR inclusive, each day during the survey. The survey data must not be more than 6 months old at the time of plan due date and/or date of plan submittal to the District. The survey period cannot contain a National or State Holiday, and cannot be taken during California Rideshare Week. The response rate to the survey must be at least 75 percent of those employees who report to the worksite during the designated window for calculating AVR. Employees that do not respond to the survey must be counted as employees arriving at the worksite in a single occupant vehicle.

(ii) Employers with a minimum of 400 employees reporting at the worksite during the window for calculating, have the option of determining AVR by a random sample method. The random sample method must comply with all of the following criteria:

(I) Members of the sample must be selected on a probability basis (random selection) that assures that each population member is given an equal chance of selection;

(II) All employees reporting in the window for calculating AVR shall be considered as the relevant population from which the sample is drawn;

(III) All employees selected for the random sample must be accounted for either by the data collected, a documented leave of absence or the employee must be assumed to be a solo driver;

(IV) The sample shall measure all potential commute modes for employees arriving at the worksite during the window and shall account for all employees not arriving at the worksite during the window due to compressed day off, vacation, sick leave, and other (e.g., maternity leave, bereavement leave, etc.);

(V) Any employees designated for the random sample that do not respond to the survey must be counted as solo drivers;

(VI) The sample size shall be determined with the Executive Officer's approval of sampling method;

(VII) The data must be stored and available for inspection for two years;

(VIII) Any data submitted on a computer readable disk must be compatible with the District's software and must be able to be entered into the District's system;

(IX) The random sample survey must be taken not more than six months prior to submittal of the biennial plan or annual analysis;

(X) The random sample method must receive written approval from the Executive Officer prior to administration of the survey;

(XI) The period during which the random sample is administered cannot contain a National or State Holiday and cannot be taken during California Rideshare Week; and

(XII) The random sampling of more than one worksite for the purpose of calculating an aggregated AVR, shall use a sample design which ensures that the sample size from each worksite is proportional to that worksite's share of the total employees.

(iii) Employers have the option of selecting a recordkeeping method for verifying AVR as long as it complies with all of the following criteria:

(I) Data must be gathered from employees reporting to the worksite during the window designated for calculating AVR pursuant to paragraph (n)(4);

(II) Any employees that do not respond to the verification method must be counted as solo drivers;

(III) The data collected must reflect the daily commuting activity of employees and modes of travel;

(IV) The data must accurately represent employee trip reduction that occurs during one quarter each year;

(V) The data must be stored and available for inspection for two years;

(VI) The following data must be available, and the data must be able to be connected to individual records: home location (zip code); travel mode for each day data is collected; type of alternative fueled vehicle if used in commuting; any data required by paragraph (n)(5); and, employee ID number or other individual identification;

(VII) Any data submitted on a computer readable disk must be compatible with the District's software and must be able to be entered into the District's system;

(VIII) The data must not be more than six months old;

(IX) The verification method must be pre-approved by the Executive Officer; and

(X) The data must be collected and aggregated on a quarterly basis and submitted each year with either the initial plan or plan updates and annual analysis.

(B) The Executive Officer may pre-approve and certify AVR verification methods as complying with this Rule for employers, vendors, consultants, or other entities requesting such certification. Request for certification must be submitted to the Executive Officer. The Executive Officer shall have 60 days to review the request. Certification shall only be granted for those AVR verification methods that comply with this Rule.

(o) Employee Transportation Coordinator Requirements

Employee Transportation Coordinators (ETCs) are subject to the following provisions:

(1) A Senior ETC must have a current certification as an ETC by the Executive Officer. In order to be certified as a Senior ETC, a person must successfully complete a one time Executive Officer certified training course for certification, and in addition, a current update ETC training certificate must be obtained each year.

(2) An ETC must have a current certification as an ETC by the Executive Officer. In order to be certified as an ETC, a person must successfully complete a one time Executive Officer certified training course for certification, and in addition, a current update ETC training certificate must be obtained each year.

(3) An On-site Coordinator must have a current certification as an On-site Coordinator by the Executive Officer. To be certified as an On-site Coordinator, a person must successfully complete a District certified training course furnished by either a certified training provider or by the senior ETC certified by the Executive Officer to provide such training.

(4) An employer may elect to use a Consultant ETC in lieu of a Senior ETC, or an ETC, provided the Consultant ETC meets the same minimum certification requirements as the ETC that person is replacing, and the site maintains an On-site Coordinator. A TMA/TMO may be considered a consultant ETC provided its staff acting in this capacity meets the same requirements and the site maintains an On-site Coordinator.

(5) If the absence of a trained Senior ETC, Consultant ETC, ETC, or On-site Coordinator exceeds eight consecutive weeks, a substitute ETC or On-site Coordinator at the same level, must be designated and trained. Notice of such change must be submitted to the Executive Officer with proof of training no later than 12 weeks after the beginning of the absence.

(p) Certified Training Requirements

(1) Training Providers for initial ETC training programs must be certified annually by the Executive Officer. In order to be certified the curriculum for initial ETC Training programs must be certified by the Executive Officer and must include at a minimum development, implementation, monitoring and marketing of work trip reduction plans as well as recordkeeping and survey techniques. Training Providers must meet or employ instructors that meet(s) the following requirements:

(A) A current certificate as an ETC;

(B) A bachelor's degree in Transportation Planning, Urban Planning or a field which includes the same subject matter. If the degree is not in one of these fields, the successful completion of a TDM certification program recognized by the Executive Officer may be substituted; and

(C) Two years professional training experience and three years managerial experience in Transportation Demand Management.

(2) Update Trainers for annual update ETC training programs must be approved annually by the Executive Officer. In order to be approved the update trainer must respond to a Executive Officer Request for Proposals (RFP). Only the most qualified trainers will be selected based on criteria in the RFP. At a minimum, the curriculum for update ETC Training programs must include any new information regarding the development, implementation, monitoring of trip reduction strategy programs and recordkeeping and survey techniques. In addition, marketing the trip reduction strategy programs must be included.

(3) The On-site Coordinator training program including curriculum must be submitted and approved by the Executive Officer and include as a minimum a review of the requirements of this Rule, the employers work trip reduction plan, marketing for the work trip reduction plan and implementation instructions. There are two options for certification of on-site coordinator training:

(A) Senior Employee Transportation Coordinators may be approved to provide the necessary training for On-site Coordinators if they meet the following requirements:

(i) They have a current certificate as an ETC;

(ii) They have two years management experience; and

(iii) They have two years experience as a corporate or Senior ETC or one year of experience as a corporate or Senior ETC and have successfully completed a Transportation Demand Management certification program recognized by the Executive Officer; or

(B) Training Providers or Update Trainers can be approved to provide the training for On-site Coordinators.

(q) Recordkeeping and Auditing

The employer must keep detailed records of the documents which verify the Average Vehicle Ridership calculation for a period of at least two years from plan approval date. Records which verify that all strategies in the work trip reduction plan have been marketed and offered shall be kept at the worksite for at least two years from plan approval date. Approved work trip reduction plans from prior years shall be kept for a period of at least three years from date of approval. For employers who implement their plans using a centralized rideshare service center, records and documents may be kept at a centralized location.

(r) Compliance

Failure to meet the appropriate AVR target will not be a violation of this Rule. Failure to comply with any other provision of this Rule, including, but not limited to, failure to maintain records, falsification of records, failure to submit a biennial plan or an annual analysis, submit proper fees in accordance with the provisions of Rule 308, submit a management commitment letter verifying compliance with the employee notification provisions of Section 1501 (g) and the employee involvement provisions of Section 1501 (f)(1)(G), or implement the plan as approved by the Executive Officer is a violation of this Rule and is subject to the penalties outlined in Article 3, Chapter 4, Part 4 of Division 26 of the Health and Safety Code. A failure to comply with any provision of this Rule applicable to Geographical plans shall constitute a violation by each and every employer subject to the Geographical plan.

(s) Declared State of Emergency

During a period of significant impairment of transportation systems associated with an event resulting in a local, state or federally declared state of emergency, the Executive Officer may approve plans or plan amendments including strategies which decrease trips associated with any location in the District, including locations other than a worksite included in the plan. Such strategies may be included in any plan and may be a substitution for measures contained in an approved plan. In the event of substitution, the employer shall demonstrate that any decrease in AVR at a worksite subject to the plan will be offset by trips reduced elsewhere in the District.

(t) Alternative Emissions Reduction Program

An Employer may demonstrate compliance with the performance objectives of Rule 1501 by implementing an alternative emissions reduction program as described in Rule 1501.1, Alternatives to Rule 1501 Work Trip Reduction Plans.

(u) Declared Bankruptcy

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 1501 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.

ATTACHMENT 1



ADD ATTACHMENT 1 -

Average Vehicle Ridership Boundaries map