SLOAPCD RULE 901 COMMUTE ALTERNATIVES                       
LAST REVISED 05/24/95

                      
                      REGULATION IX - TRANSPORTATION


RULE 901. COMMUTE ALTERNATIVES RULE  (Adopted 5/24/95)


     A.   PURPOSE.  The purpose of this Rule is to improve ambient air 
          quality by reducing air pollutant emissions that result from 
          employee commute trips, and trips attracted to worksites with 
          100 or more employees.

     B.   APPLICABILITY.  The Rule applies to all public and private 
          employers with 100 or more employees.  The effective dates for 
          determining progress toward achieving average vehicle ridership 
          (AVR) goals are given in Table 1:

                                  Table 1

              Action                      Employers of 100 or More
                                                  Employees
                    
              Conduct baseline AVR survey           1995
              Demonstrate 1.25 AVR                 1997
              Demonstrate 1.33 AVR                 1998
              Demonstrate 1.41 AVR                 1999
              Demonstrate 1.50 AVR                 2000
          
     C.   DEFINITIONS.  For the purpose of this Rule, the following 
          definitions apply:

          1.   "Air Pollution Control Officer (APCO)":  The Air Pollution 
               Control Officer of the San Luis Obispo County Air Pollution 
               Control District (District) or the designee thereof.

          2.   "APCD Hearing Board":  Five member Board appointed by the Air 
               Pollution Control Board of San Luis Obispo County pursuant to 
               Division 26, Part 1, Chapter 8, Article 1, of the California 
               Health and Safety Code with the powers and duties prescribed 
               for Hearing Boards in Chapter 8, Division 26, of the 
               California Health and Safety Code.

          3.   "Applicable Employee Population":  The applicable employee 
               population is all employees who report to a worksite weekdays 
               between 6:00 a.m. and 10:00 a.m. and all employees who are 
               telecommuting (i.e. working from home or a telecommuting 
               center) or who have a scheduled day off during the week as 
               part of a compressed work week schedule.
          
          4.   "Average Vehicle Ridership Calculations":  AVR for worksite(s) 
               shall be calculated by dividing the number of employee days 
               summed over the survey week by the number of vehicle trips 
               summed over the survey week.

          5.   "Attracted Vehicle Trip":  Any vehicle trip, other than an 
               employee vehicle trip, attracted to the site by the nature of 
               that site's business.  These may include: shopping, medical, 
               business meetings, church, etc.

          6.   "Buspool":  A vehicle occupied by sixteen (16) or more people 
               traveling together between their residence and their worksite 
               or other destination.  Employees who work for different 
               employers, as well as non-employed people, are included within 
               this definition.

          7.   "Carpool":  A vehicle occupied by two (2) to six (6) people 
               traveling together between their residence and their worksite 
               or other destination.  Employees who work for different 
               employers, as well non-employed people, are included within
               this definition.

          8.   "Commute Alternatives":  Rideshare modes and other trip 
               reduction options for reducing employee commute trips, 
               including, but not limited to:  carpools, vanpools, public 
               transit, buspools, commuter shuttle, bicycling, walking, 
               compressed work weeks, telecommuting, or other alternatives 
               as approved by the APCO.

          9.   "Commute Trip":  The trip made by an employee from home to the 
               work site.  The commute trip may include stops between home 
               and the worksite.

          10.  "Compressed Work Week":  A regular full-time work schedule 
               that eliminates at least one round-trip 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.

          11.  "Disabled Employee":  An employee with a physical impairment 
               that prevents the employee from traveling to the work site by 
               means other that a single-occupant vehicle, and who has been 
               issued a disabled person placard or plate from the Department 
               of Motor Vehicles.

          12.  "Employee":  Any person employed by a person(s), firm, 
               business, educational institution, non-profit agency, or 
               corporation, government or other entity.  The term excludes 
               the following as defined else where in this Rule: field 
               agricultural workers; field construction workers; field 
               personnel; seasonal employees; temporary employees; and 
               volunteers.

          13.  "Employee Day":  Each day of the survey week that an employee 
               starts to work during the peak period.  Employees telecom-
               muting or who are off due to a compressed work week schedule 
               are counted toward the total employee days.  Employees on 
               vacation, sick leave, jury duty, or other time off, and 
               employees reporting to a different worksite or an off-site 
               work related activity are not counted toward the total 
               employee days.

          14.  "Employee Transportation Coordinator (ETC)":  An employee, 
               other individual, or entity, appointed by an employer to 
               develop, market, administer, and monitor the Employer Trip 
               Reduction Plan on a full or part time basis.

          15.  "Employer":  Employer means any person(s), firm, business, 
               educational institution, government agency, non-profit agency 
               or corporation, or other entity that employs persons.  Several 
               subsidiaries or units that occupy the same worksite and report 
               to a common governing board or governing entity or that 
               function as one corporate unit are considered to be one 
               employer.

          16.  "Field Agricultural Worker":  An employee who reports for work 
               to a temporary field agricultural site.

          17.  "Field Construction Worker":  An employee who reports directly 
               to work at a construction site.

          18.  "Field Personnel":  Employees who spend 20% or less of their 
               work time at the work site and who do not report to the work 
               site during the peak period for pick-up and dispatch of an 
               employer-provided vehicle.

          19.  "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 
               open-ended.

          20.  "Multi-Site Employer":  Any affected employer who has more 
               than one worksite where at least 50 or more employees report.

          21.  "Multi-Tenant Worksite":  Any commercial building, industrial 
               park, shopping center, or mixed use development whether in 
               separate or common ownership, which contains more than one 
               employer as determined by the APCO.

          22.  "Notice to Register":  A notice, sent by the District to all 
               employers that have been identified as potentially subject to 
               this Rule.  The notice will request information that will 
               allow the District to determine if the employer will be 
               required to comply with this Rule.

          23.  "Peak Period":  6:00 A.M. through 10:00 a.m., Monday through 
               Friday, inclusive.

          24.  "Ridesharing":  A cooperative effort of two or more people 
               traveling together for the purpose of eliminating a vehicle 
               trip.  Utilization of carpools, vanpools, buspools, taxipools, 
               and public transportation are all forms of ridesharing.

          25.  "Seasonal Employee":  A person who is employed for less than 
               a continuous ninety (90) day period.

          26.  "Telecommuting":  A system of 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 50% or more.

          27.  "Temporary Employee":  Any person employed for less than 90 
               days, or by an employment service that reports to a worksite 
               other than the employment service worksite under a contractual 
               arrangement with the temporary employer.

          28.  "Transportation Management Association (TMA)":  A TMA provides 
               commute alternatives program support or management to its 
               members.  TMA's generally operate within a defined geographic 
               area (industrial park, multi-tenant office building, central 
               business district, shopping center, etc.).  TMA's operate as 
               not-for-profit associations and are cooperatively managed by 
               the members, managed by a director appointed by the associ-
               ation members, or, at a multi-tenant worksite, may be managed 
               by on-site building management.  After receiving APCO approval, 
               a TMA may be permitted to represent its members in the 
               development and implementation of a trip reduction plan.  
               Members may be allowed full or partial trip reduction credit 
               for purchasing services from the TMA/TMO, upon approval of the 
               APCO.  A partial list of services a TMA may offer includes:

               1.   AVR survey and calculation services
               2.   trip reduction plan development, implementation, 
                    marketing and administration
               3.   emergency/guaranteed ride home service
               4.   vanpool program
               5.   carpool matching service
               6.   incentive program
               7.   trip reduction plan library
               8.   child-care or child-care referral services
               9.   any other services the members may designate

          29.  "Transportation Management Organization (TMO)":  A TMO is a 
               for profit, private enterprise providing all of the services 
               included in the TMA definition above.  A TMO would not be 
               confined to a single geographic area but could solicit 
               business throughout the county and could do business with one 
               employer or a group of employers in an area.

          30.  "Trip Reduction Plan (TRP)":  A TRP is a document submitted 
               to the APCO for review and approval which details trip 
               reduction options and supporting strategies, the implement-
               ation schedule and budget the employer will use to achieve the 
               reduction in single occupant vehicle trips required to meet 
               the AVR goals established by the District.

          31.  "Vanpool":  A vehicle occupied by seven (7) to fifteen (15) 
               people traveling together between their residence and their 
               worksite or destination 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.

          32.  "Vehicle/Employee Ratio (VER)":  VER is the number of vehicles 
               used by employees who report to the work site from 6:00 a.m. 
               to 10:00 a.m., Monday through Friday, divided by the number of 
               those employees averaged over the survey week, as calculated 
               from data gathered from the AVR Survey.  VER is the reciprocal 
               of AVR.  The District will accept AVR calculated by this 
               method.

          33.  "Vehicle Trip":  A 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 shown in Table 2:

                                  Table 2

               TRIP MODE                         NUMBER OF VEHICLE TRIPS
                                                         COUNTED
               
               Single-occupant vehicle           1 vehicle trip
               Motorcycle, moped, motorized      1 vehicle trip
               scooter, or motor bike        
               Carpool                           1 vehicle trip divided by 
                                                 the number of people in the 
                                                 carpool
               Vanpool                           1 vehicle trip divided by 
                                                 the number of people in the 
                                                 vanpool
               Public Transit                    0 vehicle trip
               Buspool                           0 vehicle trip
               Walking and other non-motorized   0 vehicle trip
               transportation modes
               Telecommuting                     0 vehicle trip on days 
                                                 employee telecommutes for 
                                                 the entire day
               Compressed Work Schedule          0 vehicle trip on employee's 
                                                 compressed day(s) off
               Zero Emission Vehicle (ZEV)       0 vehicle trip
              
          34.  "Volunteer":  A person who does not receive any wages for work 
               activity at the work site.

          35.  "Worksite":  A structure, building, portion of a building, or 
               grouping of buildings that are in actual physical contact or 
               separated solely by a private or public roadway or other 
               private or public right-of-way, and that are occupied by the
               same employer.

          36.  "Worksite Employee Threshold":  100 employees at a single 
               worksite, on an average daily basis, for a 90-day period 
               provided at least 50 employees are normally scheduled to 
               report to the worksite on a daily basis during the peak 
               commute period.
    
     D.   ADMINISTRATIVE REQUIREMENTS

          1.   Requirements for All Employers of 100 or More Employees:  All 
               employers of 100 or more employees shall comply with the 
               following minimum administrative requirements:

               a.  Respond to the Notice to Register which shall be sent or 
                   delivered to the employer, provide all information 
                   requested, and return that information within 20 business 
                   days of receiving the Notice.

               All employers of 100 or more employees with 50 or more 
               employees reporting to the worksite within the peak period 
               must also complete the following requirements:

               b.  Appoint an employee to act as Employee Transportation 
                   Coordinator (ETC).  That employee will and send that 
                   employee to District sponsored ETC training.

               c.  Conduct an annual Average Vehicle Ridership (AVR) survey 
                   in accordance with the schedule in Table 1.  Surveys are 
                   to be conducted using the methodologies described in 
                   Section G below and the results submitted to the District 
                   for review.

          2.   Requirements for Employers Who Achieve AVR Targets in Table 1.  
               Employers who achieve the applicable AVR target shown in 
               Table 1 shall be notified by the District that they have no 
               additional requirements, beyond maintenance of their existing 
               program, until the next scheduled AVR survey.

          3.   Requirements for Employers Who Fail to Achieve AVR Targets in 
               Table 1.  Employers who fail to meet the applicable AVR targets 
               in Table 1 will be required to develop a trip reduction plan 
               designed to achieve the AVR target for the upcoming year, and 
               submit the plan to the District for review and approval.  Trip 
               reduction plans shall be prepared according to the following 
               process:

               a.  After the District reviews the AVR survey results, affected 
                   employers will receive a Plan Preparation Notice stating 
                   the requirement to prepare and submit a trip reduction 
                   plan to the District.
         
               b.  Employers shall develop and submit the plan to the District 
                   within 90 days of the date of receipt of the Plan Prepara-
                   tion Notice.  Plan forms will be provided by the District.

               c.  The District will evaluate the plan based on its con-
                   sistency with employee responses to the AVR survey, 
                   financial commitment to implementing appropriate supporting 
                   strategies, and staff commitment to marketing the trip 
                   plan to employees.

               d.  The employer shall implement all trip reduction options 
                   and supporting strategies committed to in the approved 
                   trip reduction plan.

               e.  The employer shall conduct the next scheduled AVR survey 
                   as shown in Table 1 and submit the results to the District 
                   for review.

     E.   VOLUNTARY PARTICIPATION PROGRAM.  This Rule applies to all 
          employers of 100 or more employees.  However, all of the supporting 
          services, training, and materials associated with this Rule are 
          applicable and available to employers of fewer than 100 employees, 
          as well as multi-tenant worksites and other types of development. 
          To encourage voluntary participation in the program by smaller 
          employers, multi-tenant worksites, and other employment situations 
          the District will implement the following:

          1.  Develop outreach programs to encourage employers of fewer than 
              100 employees, and multi-tenant worksites, to participate in 
              the annual AVR survey, and develop a commute alternatives 
              program.

          2.  Provide ETC training, AVR survey processing, consultation on 
              program development, and participation in the District's ETC 
              network will be offered at no charge to all participants.

          3.  Encourage participation in the trip trading program described 
              in Section F.

          4.  Work cooperatively with TMA's and the Rideshare Office to 
              provide a broader base of assistance to employers in developing 
              and implementing an effective program.

     F.   TRIP TRADING MARKET.  The District will develop a program which 
          allows Trip Reduction Credits (TRCs) to be earned by businesses 
          that have exceeded the applicable AVR goal.  Employers not affected 
          by this Rule may participate in the TRC program, provided they 
          comply with all the requirements for affected employers listed 
          below.

          1.  Businesses can apply for, and earn, one TRC for each trip 
              reduced beyond those required to achieve the applicable AVR 
              goal.  Each TRC will have a life span of one year from the date 
              the APCD  issues the TRC Certificate.

          2.  Businesses of 100 or more employees, that purchase TRCs, can 
              use them on a 1-for-1 basis to lower the number of employee 
              commute trips they would otherwise have to reduce to achieve 
              their applicable AVR goal for a given year.

          3.  TRCs issued by the District can be bought and sold on an open 
              market by all participants in the Commute Alternatives Program, 
              but all transactions, as described in Section F.2, must be 
              approved by the District.  

          4.  TRC Applicant Responsibilities:

              a.  The Applicant must conduct a Verifiable AVR Survey as 
                  described in Section C, Definitions.  The AVR survey 
                  methodology used by the Applicant must be verified by the 
                  APCD.  The number of TRCs earned by the Applicant will be 
                  determined by the APCD through review of the verified 
                  survey results.

              b.  Any employer requesting to bank TRCs earned shall enter 
                  into an agreement with the APCD to maintain its Commute 
                  Alternative Program for the life of the TRC.  If the 
                  employer terminates the Commute Alternative program prior 
                  to the expiration date of the earned TRCs, said TRCs shall
                  cease to have value.  The employer shall reimburse all 
                  purchasers of said TRCs the pro-rated purchase price of the 
                  voided TRCs, and the TRCs will be cancelled.

              c.  Employers with less than 100 employees who voluntarily 
                  participate in the Commute Alternatives Program and who 
                  earn and sell TRCs, shall comply with all program 
                  requirements as they apply to regulated employers.

          5.  TRC Purchaser's Responsibilities:

              a.  Employers who do not meet the applicable AVR goal, as shown 
                  in Table 1, may purchase TRCs to offset all or part of the 
                  trip reduction strategies they would otherwise have to 
                  implement to reach their AVR target.  The Buyer's Commute 
                  Alternatives Plan must provide details on the amount of the 
                  TRCs purchased, the seller, the life span of the TRCs, and 
                  whatever supplemental strategies, if any, are to be 
                  implemented by the buyer.  The Buyer shall maintain the 
                  approved program for the life of the TRCs purchased.

              b.  An employer who has purchased TRCs from a company that 
                  discontinues its CAR program prior to the expiration date 
                  of the TRCs, shall be notified by the APCD that such TRCs 
                  are null and void.  Within 30 days of receiving such notice, 
                  the Buyer shall consult with APCD staff to determine if
                  additional trip reduction options and supporting strategies 
                  must be implemented to meet the applicable AVR target.  The 
                  buyer shall be reimbursed by the seller the pro-rated amount 
                  of purchase for voided TRCs.

          6.  APCD's Responsibilities:  APCD will be responsible for general 
              oversight of the Trip Trading Market, including determination 
              of credits earned and banked by applicants for TRCs.

              a.  The APCD will act as "banker" for the Commute Trip Trading 
                  Market, tracking TRC's as they are earned, sold/bought, 
                  expended or expired.

              b.  The APCD shall receive and maintain records of all TRC 
                  transactions, including issuance of the TRC Certificates 
                  for each transaction.

              c.  The APCD shall publish a list each quarter of TRCs bought 
                  and sold the previous quarter, and the amount of TRCs still 
                  available on the open market.

              d.  APCD will provide TRC Applicants and Buyers with technical 
                  expertise in all phases of the Commute Trip Trading Market.
     
     G.   SURVEY REPORTING REQUIREMENTS.  Employers must conduct an annual,
          verifiable Average Vehicle Ridership Survey to establish whether 
          the performance objectives stated in Table 1 have been achieved.  
          The employee AVR Survey must be conducted not more than 120 days 
          prior to the applicable survey or plan submittal deadline, but must 
          be completed at least 60 days prior to the deadline.  To the extent
          possible, surveying should not be conducted during the period from 
          mid-June to mid-September, during Rideshare Week, or during the 
          period between Thanksgiving and New Years Day.

         AVR for the worksite(s) shall be calculated by dividing the number 
         of employee days summed over the survey week by the number of 
         vehicle trips summed over the survey week.  The AVR calculation 
         requires that a five-consecutive-weekday average be used.  An 
         averaging period shall be selected which does not contain a holiday.  
         The sum of the applicable employee population each weekday in the 
         selected averaging period is divided by the total number of vehicles 
         driven by these employees to the worksite during the same averaging 
         period.  Employers with multiple worksites may, after receiving 
         approval from the APCO, opt to calculate AVR as a combined average 
         of the AVR of each worksite.  In exercising this option the employer 
         must insure that the criteria for conducting the Verifiable AVR 
         Survey is met.

         The AVR survey will utilize a survey control sheet which identifies:  
         all employees who report within the survey window; all employees who 
         received a survey form; all employees who returned a survey form; 
         and, an explanation for each survey form not returned.  This data 
         will be used to verify employee participation and survey response 
         rate.

         In submitting the results of the completed survey to the District 
         within the required time frame, the Employer shall identify the 
         sampling method used (Applicable Employee Population or Random 
         Sample) and provide a tally showing the survey response rate, 
         including the number of surveys distributed, the number of surveys
         completed and returned, and the number of non-respondents.  Both the 
         Applicable Employee Population Survey, and Random Sample Survey 
         methodologies prepared by the APCO, and described in detail in the 
         Employee Transportation Coordinator (ETC) Handbook.

     H.  RECORDKEEPING.  Employers affected by this Rule shall maintain and 
         retain records, files and documentation to establish compliance.  
         Retention of such documentation shall occur for not less than three 
         (3) years from the date of initial Notice to Register date, or the 
         adoption date of the most current trip reduction plan.  This 
         documentation shall be made available for audit and inspection as 
         described in Section I, Audits.

     I.  AUDITS.  The District may audit the records of any regulated 
         employer, or business selling and/or buying trips on the Trip 
         Trading Market, to verify employment, AVR, plan implementation or 
         provision of any measure in an approved plan.

     J.  DELEGATION TO LOCAL JURISDICTIONS.  Rule 901 may be implemented by 
         employers and at multi-tenant worksites through a locally adopted 
         commute alternatives ordinance.  Local jurisdictions may be 
         delegated responsibility for implementation of this Rule by the APCO 
         if the following criteria are met:

         1.  The local jurisdiction submits a plan to the APCO that demon-
             strates adequate resources to adopt, implement, monitor, and 
             enforce an employer-based commute alternatives ordinance, and 
             the District approves the plan.

         2.  The local jurisdiction adopts a commute alternatives ordinance 
             that includes, at a minimum, all provisions contained in this 
             Rule.

         3.  The local jurisdiction's commute alternatives ordinance includes 
             provisions to submit annual progress reports to the APCO 
             containing the following information:

             a.  list of employers, multi-tenant worksites, and others 
                 subject to the local ordinance.

             b.  summary of results of all AVR surveys.

             c.  number of employer plans required and the number of plans
                 approved/disapproved.

             d.  total costs of program and average cost per employee.

             e.  number and type of enforcement actions during preceding year.

             f.  anticipated program modifications for the coming year.

             A local jurisdiction, in lieu of meeting the above requirements, 
             may provide a demonstration that the final year 2000 performance 
             objectives are currently achieved on an aggregate basis for all 
             applicable work sites within its jurisdiction.  Such demonstra-
             tion must utilize methodology approved by the APCO and a 
             commitment and plan to repeat the demonstration once every three 
             (3) years.

             Failure of the local jurisdiction to comply with the requirements 
             of this Section may result in suspension, or revocation of 
             District delegated authority.

     K.   EXEMPTIONS.  Any employer subject to a local ordinance which 
          requires the provision of trip reduction measures by that employer 
          is eligible for exemption from the requirements of this Rule.

          1.  The APCO shall determine if the requirements of a local 
              ordinance are at least as effective as this Rule in increasing 
              AVR at the employer's worksite, and shall notify employers in 
              the jurisdictions in which such ordinances have been adopted.

          2.  In the event that the local ordinance under which the employer 
              qualified for exemption is amended so that it is no longer as 
              effective as this Rule in increasing AVR, or in the event that 
              the local ordinance under which the employer qualified for the 
              exemption is rescinded, the exemption is void.  The APCO shall 
              notify the employer that the exemption is void and the employer 
              must submit a plan to the APCO which meets the requirements of 
              this Rule within 120 calendar days of the date of receipt of 
              the notification of the voided exemption.

     L.   ALTERNATIVE COMPLIANCE OPTION.  At the option of the employer, the
          Commute Alternatives Plan may include an alternative emission 
          reduction program that demonstrates that the measures included in 
          such program will achieve emission reductions equal to or greater 
          than those that would have been realized if the performance 
          objectives were achieved, and that these alternative measures are 
          not required by any other federal, State, or local control measure 
          or regulatory requirement.  Such an alternative emission reduction 
          program shall include an update or progress monitoring report to be 
          submitted at least every two years.

     M.   COMPLIANCE CRITERIA.  If the employer complies with all provisions 
          of Rule 901, and fully implements all measures of an approved 
          commute alternatives plan, and still fails to meet the AVR targets 
          in Table 1, such failure is not a violation of this Rule.  District 
          staff will provide assistance and expertise to affected employers 
          on program development, administration, and monitoring.  The focus 
          of District support will be on corrective action and prevention of 
          potential non-compliance situations to help employers remain in 
          compliance with this Rule.  There will be six separate and distinct
          criteria for judging compliance with this Rule:

          1.  Timely and accurate response to the Notice to Register and 
              Notice of Plan Preparation.

          2.  Appointment of an Employee Transportation Coordinator or an 
              APCO-approved alternate.

          3.  Conducting an annual, verifiable AVR Survey to monitor progress 
              toward the applicable AVR target, and submitting the results to 
              the APCO within the required time frame.

          4.  Full implementation of all trip reduction options and 
              strategies described in the approved commute alternatives plan 
              (if applicable).

          5.  Making available for audit and/or inspection by the APCO or his 
              designee, upon request, evidence or supporting documentation 
              pertaining to all trip reduction options and supporting 
              strategies and activities implemented at a given worksite.

          6.  Timely reporting of all required information to the APCO.

     N.   VIOLATION.  Failure to comply with any provision of this Rule 
          constitutes a violation of this Rule, except if the employer 
          complies with all applicable requirements and fails to meet the 
          AVR performance objective, such failure shall not constitute a 
          violation.  Employers of fewer than 100 employees, who participate 
          voluntarily in the Commute Alternatives Program, and who do not 
          intend to sell TRC's on the Trip Trading Market, are exempt the 
          provisions of this Rule.
     
     O.   PENALTIES.  Facilities found to be not in compliance with this Rule 
          will be given the opportunity to come into compliance before 
          issuance of a Notice of Violation (NOV) or other enforcement action 
          by the District.

          When it is determined that a business is in non-compliance, a 
          letter from the APCO will be sent to the employer describing the 
          deficiency, suggested corrective action to be taken, and recommended 
          measures to prevent further occurrences.  The employer will have 
          thirty (30) days from receipt of the letter to respond in writing 
          describing the circumstances of the situation, that the deficiency 
          has been corrected, or to describe any extenuating circumstances 
          preventing correction of the deficiency. If the deficiency remains 
          after the prescribed time period, and if agreement on appropriate 
          action has not been reached, a Notice of Violation may be issued.  
          If an NOV is issued for a deficiency, then the Penalty Schedule 
          shall apply.

     P.   FEES.  There will be no filing fees for the initial submission and 
          APCD review of Commute Alternatives Plans. There will also be no 
          fee for resubmitting a plan that has been revised to reflect 
          District comments on the initial submission.  There will be a 
          $200.00 filing fee charged for each subsequent resubmittal required 
          if the first revision to the trip reduction plan is disapproved by 
          the District.

     Q.   EMPLOYEE NOTIFICATION.  An employer shall facilitate the parti-
          cipation of employees and employee organizations in the development 
          and implementation of Commute Alternatives Programs by providing 
          the following information to its employees at the times specified 
          below:

          1.  Information explaining the requirements and applicability of 
              this Rule to the employer and its worksite(s) within 30 days 
              of responding to the Notice to Register.  This information will 
              be provided by the APCO as part of the Notice To Register 
              packet.

          2.  The content of the proposed commute options, supporting 
              strategies, and implementation schedule of the Commute 
              Alternatives Plan, if required, at least 30 calendar days prior 
              submitting the Plan  to the APCO.

          3.  Identification of the Employee Transportation Coordinator (ETC) 
              and/or the Employer Program Manager within the organization to 
              whom comments and suggestions can be submitted and questions 
              addressed.

          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 for input in the development of the commute 
              alternatives options and strategies, and are informed about the 
              full range of such options and strategies available at the 
              worksite.

     R.   COLLECTIVE BARGAINING DISCLAIMER.  Nothing contained in this Rule 
          shall be construed to abrogate any existing collective bargaining 
          agreement(s) between the employer and employees.