HomeMy WebLinkAboutOrd 07-94 BAAQMD Reg 13Rule 1ORDIN~CE NO. 7 - 94
AN ORDINANCE OF THE CITY OF DUBLIN
~ING CHAPTER §. 108 OF DUBLIN I~'NICIP~T., CODE
ADOPTION OF BAY AREA AIR QUALITY MANAGEMENT DISTRICT
REGULATION 13 RULE 1 BY REFERENCE
Whereas, the Bay Area Air Quality Management District adopted Regulation 13
Transportation Control Measures, Rule 1 Trip Reduction Requirements for Large
Employers, on December 16, 1992, and has begun implementing this rule in Alameda
County, and whereas Section 5.108.040 anticipates that the BAAQMD would develop trip
reduction rules; now, therefore, the City Council of the City of Dublin does ORDAIN
as follows:
Section 1. Repeal of Sections 5.108.030, .040, .050, .060, and .070
Section 5.108.030, 5.108.040, 5.108.050, 5.108.060, and 5.108.070 of the Dublin
Municipal Code are repealed.
Section 2. Enactment of New Section 5.108.030
Section 5.108.030 is added to the Dublin Municipal Code to read as follows:
"The City of Dublin Trip Reduction Ordinance will be administered and enforced by
the Bay Area Air Quality Management District (BAAQMD) pursuant to its Regulation 13,
Rule 1, which was adopted on December 16, 1992, which is adopted herein by
reference.
To ensure compliance with the Congestion Management Program, the City of Dublin
shall certify annually to the Alameda County Congestion Management Agency that a
trip reduction ordinance is being administered and enforced."
Section 3. Effective Date And Postinq Of Ordinance
This ordinance shall become effective thirty (30) days after its final passage and
adoption by the City Council.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public place in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED this 12th day of September, 1994.
AYES:
Councilmembers Burton, Howard, Houston, Moffatt
and Mayor Snyder
NOES: None
ABSENT: None
a:ord~tripred
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i!'-.-'.':i ii'.:.:'.::" " REGULATION :.i.,',5, (~
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. . ....... 13·- :., --...: . .,: ,.
·. 2 -. -= . -., -. ,'; . " . . ~: ., .~ ,.' . ,-
'- '' · '"TRANSPORTATION CONTROL MEASURES :
" RULE 1 .... '
" TRIP REmJCTION REQUIREMENTS i*OR LARGE EMPLOYERS--
13-1'100'
13-'1-'101"
13-1-102
13-1-103 -
13-1-104
13-1-105
13-1-106
13-1-107
13-1-108
13-1,109
13-1-110
13-1-111
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..
' "' GENERAL
. .
'"' "i. iD~cripfion-
. '.Applicability
-Delegated Program -.Local JuriSdiction Options
Delegated Program'- Procedure
Exemption - Local Jurisdiction Delegated Program
Exemption --Employee Minimum Level'
Exemption - Performance Objectives Achieved
Exemption - Construction Site
.Confidentiality -
COllective Bargaining Disclaimer '
APCO'Authorization '-
13-1-200
DEFINITIONS
' 13-1-201 Air Pollution Control Officer (APCO)
i 13-1-202 Average Vehicle Ridership (AVR) ·
~ 13-1-203 Buspool
13-1-204 Carpool
~ 13-1-205 Commute Trip ' .
'I 13-1-206 CompreSsed Work week
13-1-207 'Delegated Program
i3-1-208 . Disabled EmploYee
13-1-209 Employee
13-1-210 Employee Transportation Coordinator (ETC)
13-1-211 - Employee Transportation SurVey
13-1-212 Employer
'1 13-1-213 Employer Program Manager -. .
13-1-214 - Employer Trip Reduction Appeals' Committee ' -
'. :..." 13-1-215 ~ . . .Employer Trip Reduction Plan
-i, '13-.1-216'. ,.:.-.. ::;..:;'.,,.':,:Employer. Trip. . , ReductiOn. Program... . ., . -. ...'::':-" .i'~!':~!'.':.--:. .- .~ - -
.i ' .. 13-1-'217 F~eld ConstructionWorker.-..--:.- - -' · ' .....
iIt 13-1-218.:"";.-:'.-::I'- '. :"!'i' Field persOnnel ~ ": ~'':: ':'~' '"'::-~:~'" '"~"'?" " '-'
:"--' "-'- 13-1-219 .... . ..: .. ..... Independent. Contractoi-:: :'::i~i.--'~.:".~:'::" :-.-: ..i '. :' ':.' '-: "." -/-'"' ':!, ~- ;:'.:..i .-"; :..
: "-."..'- '13-1-220'. .... ' l_~Cal JurisdictiOn !'.."' ':..:'.: --' :': :..-: .'... _' .... '-' . ..
}i .13-1-221" :( . ."' Peal~ Period ·: -' .~.':i::.' ',-::. ':',:;:.".
;I -: ...."13--'1-222"'i:'. ..... .: .. SeaS0nal ./Temporary Employee:,,',.. .'...(.i:~;"...-.,:.: : ":':i::..'-.'~ ' -- . .-.:i:"i':i'. '.
·
· 13-1-225 :" ' -Tele'coimnutihg :'. · :":' '.'~ .,' .~. :?.f.:":-. ". '.(:::~i~..~" 7. '''I~ ~' ':i~._- :'
13-1-226 Transportation Management. Association
13-1-227 ':'. :.~.i:'::'. vanpool ' - '~. :';: ':-' .... .' "'-- .... :~ '..:~-
13-1-228 - i-.... Vehicle . ..· - "~,:. ....... ....-<.: --_,.:.... ,'.: ..:
13-1-229 Vehicle Employee, Ratio (VER) - ' .-
. :: . . ~.-:..' -:., . :., . - -- .
,. .
13-1-231 · Work Activ
13-1,232. - .---.. Work Site '
13q-233. ' ..... ' .Z0ne .'"
-
13-1,300 , ' -STANDARDS'
:,
' /d' .: !- ,;2-'
· ,:,- ..i-~ ~:'.: "-- 'z
_
·
..
13-1-301
13-1-302
Performance Objectives
Delegated Program
13.1.400 .. :.
13-1-401--
13-1-402.
13-1-403;
13-1-404
13-1-405
13-1-406
'13-1-407
'13-1-408
13-1-409'
13-1-500
13-1-501 .
ADMINISTRATIVE REQUIREMENTS
MONITORING AND RECORDS
-"' -~,r' '~ · ~ ? -
Recordkeeping Requirem.ents
Effective Dates ·
. .
Employee Notification .
Employee Transportation Coordinator (ETC)
Employer Program Manager.
Registration Requirement
Employee Transportation Surveys
Employer Trip Reduction Program
Requirement to Submit Employer Trip RedUction Plan
Appeal of Plan Disapproyal
_ .
13-1-600 -
MANUAL OF PROCEDURES
13:1-601'
13-1-602
.' !': .~'~.:ili: ? ~. --'.'- . ".:-' '
·
.
· 'd .. '...'2'~..'-: ....'.'..}.~-;~ -~_~. -'
-, Performance Objective Calculation
·
Random Sample Method~...:~-i '
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13-I-101. :"D~Sc~ption: · ~ pu~os~ of.th~s' ~l~s -to .~mprox~ ambient
,,- ' ~,~.-'-:..:: redUcing air. P611utant emiSsi0n~, that reSult-:fr0m :veh'ick ~ommUt~'~t6~Wbrk~ · "
;' .. ; :.. sites';~th 100 or'more employeeS.. ' :'~- ' -~ ~" .'::;' ~' - " ':~-' '~'' ': '~' '"' ' :'~.'~. ::~': . '.': '.-
' '.': ' "' - ' ' -' '- ' ~ '-:'.J' ".'. '¢-' ' ' '~":~- ~"'5' .'~"~' "' 2:' ' ~ .' :.~:. · :-
13-i-i02 'APplimbility: '~i's role applies f0 ali_public and private-emPloy
' ' more employees at a work site. '. This~mte applies only to work s~ ~ 100 or
: ' more em lo ees If an em lo er has 1~ or m~re emPloye~ but no sin~e wor~ s~e:' .
:-'_"~-~ with--lOO:or more empl~ees,:.this:~mle'does:not apply~.to~at'~-~P~e~.':?~For'
· . : : Purposes of dete~ining the applicabili~ of this mle,:'~e-number of employe~
- a work site is dete~ined as the m~mum nUmber, of employe~'rePo~ng~to that; '
'work site on. any single'week. day Monday 'th~°ugh Friday during ~e cu~ent' '
~t calendar or fiscal year. -.-".: v: . '-' - ':' .-'.
~ 13-1-103 Delegated Program - Local Jurisdiction options: When implementation .~f this,
.t., rUle has been .delegated to a local jurisdictiOn pursuant to Section 13-1-302, the.'
'-~1 local jurisdiction has the option of including the folloWing within .its program.--
'it 103.1 -Subject to APCO apprOval, ~'a lOcal juriSdictiOn-. may redef'me the:zone:.
~ '" ::' bOUndaries within its jurisdiction'~ind adjust'the'Performance objectives.
as necessary after'conduCting a public revieW;. . .pfocess. The 'overall'..
performance objectives, must be equivalent~ .... 'to the performance objectives. '
· 'listed in' Section 13-1-301 for-.the area within 'the local jurisdictiOn .aS'
-_ ,
· ' defined in Section13-1-233.
· .
· i03.2 sUbje:ct to APco apProval;
· - ._ may employ'a market-based AVR or VER' Credit banking and trading
, ' - ::' '; .-.: system; as 10ng as the oVerall performanCe'ObjectiVes for. the jurisdiction".
'~ .... ".'.' :: .-. ?"~;.; i~ -.'are. equivalent.t6'thoSe-'c°nt~in~din:s~cti0n.-13,1-30j.'~?[~.
::.; ?.""' i-" :; ;"~--· "-·". )~'i¢~:~-!~;''':',·~:I~' '?f'. ~Y:.ti~'~:i~"a~o~da~hce"~h:the
"..'¢ '.i· ;. . :-'i· .:5·. '..i.:'..". :.'~:' ::::(.:i i'.. :-'-~·i::?::'...' i,:: }(or-conducts .a 'dembnStrafi6n pur~tiaht:ii5 .'Sdl~'s~cti~)ii";!32i'2.3'0~.:-4:;-::13~·;I?i;i(i~-~ .-:.·; ·:'.. '·....
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.'BAAQ~ Trip Redu~.._.n Rule
_..../ Adopted December 16,:;1992
104.4 Under ti delegated prOgram,'all erfiployer submittals and notifications are
to be made to the localjurisdictionand not to the APCO.
10415 The District will delegate, its. authority over State, federal, and other
government agencies to the local jurisdiction pursuant to California
: Health and Safety Code Sections 40717(e) and 40233(b).
13-1-105
13-1-106 '-'
.ExemptiOn - Local Jurisdiction .Delegated Program'.. Employers'are exempt from
the District'S implementation Of this rule if they are subject to the requirements
Of a lOcal jurisdiction ordinance that' has received delegation' purstiant .to SeCtion
13-1-302.' ""' '~
Exemption - Employee Minimum Level: A work site of 100 or more employees
where less than 50 of these employees normally start work dUring the peak period
is exempt from all requirements-of this' rule except for the. registration
reqUirement. Public and private employers must register these work sites
pursuant to Subsection 13-1-405.3.
13-1-107 .Exemption - Performance Objectives Achieved: Employers may qualify for an
.:- - exemption from the requirements of this rule as specified in this section.
107.-1 Work sites that achieve the 1-99,9 performance objectives specified in
- SectiOn 13-1-301 as demonstrated pursuant to Section 13-1-406 are
exempt from all other requirements of this rule except for this section.
107.2 Work sites that meet the requirements of Subsection 13-1-107.1 must'
submit to theAPCO, in a format approved by the'APCO, a listing of the
measures or reasons for achieving the 1999 performance objectives.
107.3 Work sites that meet the requirements of Subsection 13-1-107.1 must
demonstrate continued achievement of.the 1999 performance objectives
- by-conducting an employee transportation survey pursuant to Section' 13-1-
406 once every three years.
·
~ 107.4 Work sites that do not continue to demonstrate achievement of the 1999
-- per.formance objectives pursuant to SubseCtion 13-1-107.3 no longer
qualify for the exemption 'provided. by this section and become subject to
the requirements of this rule at that time.
13.1-i08 EXemption - Construction Site: ' Construction "sites are exempt from the
'.- requirements of' this rule. For' pUrpOseS of this section: 1) construction means
the on-site fabrication, erection, or inStallation of a physical structure such as a
·
~" 'building, roadway, bridge~.etc~'" and 2)'site has fl/e Same. meafling as work site.'
.
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13:;1,109!- ' :':Confidentiality: The'APCO'will 'treat th6'in'formation;'and data Specified in this
.v ~. -~ .... ~-.':.:~ "' section as confidential.' ' "- .... ' ~'' '-~'''-:' "-'~": -:':"""' '-"-'"-:' ~ ' ' '
109.1 The APCO shall treat individual emPloyee'tranSPort~ition survey respOnses,
.- . - records, and results submitted pursuant '"to-.Section 13-1-406 in .a
~" confidential manner and "shall. not "releaSe" aW· information "' about
?'.':'. .... individual empIoyees...tO, the ,~public;?!".:;Both'aggregate::ad work Site
....... ... performance objective resUlts for, an'
~-... ~........::. .. emploYer., shall be within the public
' - :" 7' - '.:'.° i ' ':. ' - ' ' " i .'
'BAAQMD Trip
'Red.~__,on..Rule
i
Adopted.December 16,. 1992"
109.2 The.APCO shall treat employer budget information submitted pursuant to
Subsection 13-1-408.1(g)'in a confidential manner and shall not release
any budget information about individual employers .to the. pUblic.
Aggregate and .genetic budget information, for trip reduction programs
and measures shall be within the public domain. -
13-1-110
13-1-111
Collective Bargaining Disclaimer:. The requirements of this rule do not absolve
an employer or other party from' any obligation Under an" exiSting collective'-
bargaining agreement .with employees or any provision of law. The APCO shall
maintain neutrality with respect to any negotiations between an employer and its
employees.
. .
.
APCO Authorization: In those local jurisdic'tions where there is not a deIegafed
program pursuant to Section 13-1-302, the APCO is authorized to:
111.1 Redefine zone boundaries after conducting a public, review process with
affected and interested parties.
111.2 Approve multi-employer, performance objective averaging based upon
data generated by each employer pursuant to Section 13-1-406 and
submitted to the APCO to demonstrate that the performance objectives
contained in Section 13-1,301 are achieved. The APCO may only
approve such avera~ng when the two or more employers occupy the same
work site or adjacent work sites within the same zone, and the aggregate
weighted AVR or VER for those work sites achieves the performance
objectives contained in Section 13-1-301.
13-1-200 DEFINITIONS
13-1~201
'Air Pollutio'n Control Officer (APCO): The.Air Pollution Control Officer of the
Bay Area Air Quality Management District (District)' or the designee thereof.
13-1-202
Average Vehicle Ridership (AVR): AVR is the number' of employees who start
work at a work site during the peakperiod divided by_the number of vehicles those
employees use to arrive at the work site, averaged over the surv. ey week as
calculated pursuant to Section 13-1-601.
13-1-203
13-1-204
13-1-205
I ' I
Buspool: A privately operated or chartered bus which provides commute
transportation on a subscription basis.' This term is also known as a club bus.
..
·
Carpool: A Vehicle occupied by'two (2)'.to six (6) people traveling together
between their residence and their Work site Or destination for the-majority of the
· .
'total trip distance2 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 majori.ty of the total trip. distance.
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Commute Trip: -The trip made by an employee from home to the work site..'The
commute: trip.may include stops, between home' hndthe Work Site. .-.
.-.
t t -
. - '.... - . ..' _ -. . . .. .. '_ . : ~,~.¢ · . .; ~_
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· _
BAAQMD Trip'Reduch~,, Rule
' ?~Adopted DeCember t6,'.'.1992
13-1-206 -
-13-1-207 ·
13-1-208
Compressed. Work Week: A regular full-time work schedule-Which eliminates at
least one round-trip commute trip-(both home-to-work and v~ork-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. :~
' ~.. . ~, %: ) .:
Delegated Program: ImplementatiOn of this rule by a local jurisdiction through
the APCO approval of a delegation request from a local jurisdiction pursuant to
Sections 13-1-104 and 302. - -:-
Disabled Employee: For purposes of the .performance objective calculation
pursuant to Section 13-1-601, an employee'with a physical ·impairment which
prevents the employee from. traveling to the work site by means other than a
vehicle and the employee has been' issued a disabled person placard or plate from
the Department of Motor Vehicles.
13-1-209
Employee: Any person conducting work activity for an employer 20 or more
hours per week on a regular.full-time'or part-time basis. The term includes
independent contractors. The term excludes field construction workers, field
personnel, seasonal/temporary employees, and volunteers.
13-1-210
Employee Transportation Coordinator (ETC): An employee, other individual, or
entity appointed by an employer to develop, market, administer, and monitor the
Employer Trip Reduction Program or E~npIoyer Trip Reduction Plan on a full or
part-time basis.
13-1-211
Employee Transportation Survey: An APCO-approved questionnaire
distributed by employers to employees designed to provide sufficient information
to calculate AVR or VER for the work site pursuant to Sections 13-1-406 and 601.
13-1-212
13'1-213
Employer:. Any person(s), trust, firm, business, joint-stock company,
corporation, partnership, association,, non-profit agency or corporation,
educational institution, school district, hospital.or other health care facility, or
federal, state, city'or county government'department, agency, or district, or any
other special purpose public agency or district A city, county, or city and coun. ty
is a Single employer for purposes of this rule, not individual departments or
agencies of the city, coUnty, or city and cOunty., individual departments or
.agencies of the State of California and 'the federal-government are separate
. employers for purposes of this' rule...The term includes for-profit, not-for-profit,
and non-profit enterprises. Several sUbsidiaries or units'that occupy'the same
work site and report to one common g6verning.bOard or. governing entity Or that.
]?unction as one corporate unit are considered 'to be one employer. The term
shall not include employers with ~o permanent work site Within the District: -
.
.
Employer Program Manager:. An.employee with'policY and budget authority who
is responsible for the implementation of the Employer TriP Reduction Program or
. Employer Trip Reduction Plan'and for fulfilling .the reqUirement's of this rule.
..- ' .'- ' .. ~". .'... .:. i."."-!.': ': ' ':"' ' ' ' '
·
:. . ...... : - _ ~. -,...: :":.~ ..-.....!- ' ,:- ..(
14 ' ,. ' - i'.: ' .:'
/
B.AAQMD.Trip Redt'
..
.;n Rule
Adopted December. 16, 1992
13-1-214
.
..
r
13-1-215
Employer Trip Reduction Appeals COmmittee: A committee of five (5)
individuals appointed by the District Board of Directors to serve terms of two
years for the purpose of hearing appeals Of APCO-disapproved Employer Trip
Reduction Plans pursuant to Section 13-1-409. Committee membership is
composed of~.one member representing organized, labor; .one member
representing a local jurisdiction that is implementing a delegated program
pursuant, to Section 13-1-302; one member representing a large employer (1,000
or more employees), one member .from a medium size employer (250 to 999
employees), and one member representing a smaller employer (100 to 249
employees). One employer member shall have a'work site in Zone I or 2; one
employer member shall have a work site in Zone 3; and one' employer member
shall have a work'site in Zone 4.' ' ' .
Employer Trip Reduction Plan: A document describing in detail the Employer
Trip Reduction Program, including an implementation schedule, budget, and all
the elements listed in Subsection 13-1-408.1 which is submitted to the APCO for
review and approval pursuant to Section 13-1-408.
13-1-216
Employer Trip Reduction Program: A group of measures developed and
implemented by an 'employer that are' designed to provide transportation
information, assistance, and incentives to employees. The purpose of such
measures is to reduce the number of motor vehicles driven to the work site by
increasing A VR or decreasing VER, and to achieve and maintain the
performance objectives listed in Section 13-1-301. An E~npIoyer Trip Reduction
Progrmn may include, but is not limited to any or all of the following services,
incentives, and measures.
le
.
.
,,
· .
11~
12.
13.
14.
15.
.... 16.
" .17.
-..
: a. Ridesh.aring'
ca~ool/vanpool'matclfing
preterentialparking for carpools and vanpooIs . ~ _
financial subsidies., or rewards to carpooI/vanpool/buspool
passengers including drivers
employer-provided ffehides for carpools and/or vanpools
e~nployer-sponsored vanpools
carl?.ool/vanpool/buspooI operating subsidies, e.g. insurance, fuel,
maintenance, etc.
b. Transit
work site transit ticket sales
financial 'subsidies/rewards to .transit users, e.g. Commuter
CheckTM
transit route maps and schedules on-site . --
shuttle to transit line (employer-sponsored or subsidized)
c. Trip Elimination
co~nPressed work weeks:
telecommuting.
d. Parking Management
charge for employee parking- '
elimination of any e/nptoyer Parking financial-subsidy
transition from :employer:parking financial-subsidy to general
.transportation monetary allowance for. all'employees
free or reduced parking. rates forcarpooIs and vanpools only
preferential parking fOr clean, fuel vehicles
BAAQMD~Trip Reduc~-,~ Rule
.--~Adopted December 16,'~'1992"
13-1-217
13-1-218'.
e. Bicycle and Pedestrian · -
18. financial. ' subsidies to.bicycle, or pedestrian, commuters including
purchase of equipment for commute trip purposes
19. bicycle, lockers or other secure, weather-protected :bicycle parking
facilities' '
20. bicycle access to building interior
21'. bicycle and/or walking route information
-22. on-site bicycle registration
23. employee shower,facilities and clothes lockers
24. financial subsidies/rewards for'walking and 'other non-motorized
.- transportation modes
f. On-Site FaCilities/ServiCes..
.
'25. site modifications that would encourage walking, transit,' carp°ol,
vanpool, and bicycle use
26. on-site services to reduce mid-day vehicle trips, e.g. cafeteria,
': ATMs, apparel cleaning, etc.
.
27. guaranteed return trip program
28. shuttles between multiple work sites
29. providing child day care at/near work site
30. refueling/recharging facilities fop clean fuel vehicles used for
employee commute trips, e,g. electric, compressed natural gas
vehicles ' '
g. Promotional and Marketing Activities
31. rideshare marketing campaigns : .
32. on-site transportation fair to promote commute alternatives
33. participation in California Rideshare Week and Beat the Back-Up
Day activities
h. Other
·
34. membership in a Transportation Management Association that
provides services and incentives
35. establishment of employee committee to help design, develop, and
monitor the trip reduction program
'- 36. enhanced trip reduction efforts on forecast criteria pollutant
exceedance days e.g. the.District's Spare the Air program
37. financial subsidies/rewards for clean fuel vehicles used for
employee commute trips including carpooI and vanpool vehicles
38. assistance to employees in locating-their home residence closer to
the work site and/or along transit routes
39. -assistance in the developme, nt of housing close to the work site,
along transit routes, or. ~n an employer sponsored housing
deve. lopment to facilitate carpool/vanpool formation or shuttle
service .- -
-- · 40. trip reduction measures .to reduce-non-.employee vehicle` trips to
the .work site, e.g.', busing for student populations, .delivery trips,
etc. .. · .......
.
Field Construction Worker:. -An"ernPlo½ee who re. ports for work 'to a temporary
field construction site.
·
Field Personnel: Employees Who spend '20% or less of their work-time at the
·. .... Wbrk dire and who do not report .to. the Work'Site during thepeak period for pick-
. up and diSpatCh of an e~nPloyer-prOVided Vehicle.. '" .'
! t
· BAAQMD'Trip Redu~-.non'Rule
.
;Adopted December't 6,!'i992
. _
13-i~2i9 '
13-1-220
13.1-221
13-1-222
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.
LOcal Jurisdiction: A city, county,.or public-agency, including a public agency
formed through a Joint Powers Agreement, with authority tO adopt, implement,
and enforce an employer trip reduction .ordinance.
Peak Period:' The time from l 6:00-a.m.-through 10:00 a.m.' Monday through
.
Friday inclusive. - -
. .
.
..
. .
Seasonal/Temporary Employee: An employee who works for the employer for
less than 90 continuous days '(three months) within a calendar year.
13-1-223 Single-Occupant Vehicle: A vehicle occupied by one employee.
13-1-224
.
·
13-1-225
13-1-226
Survey Week: A regular five day Monday through Friday (inclusive) work-week.
The survey week for-work sites with Saturday and Sunday work schedules will
include only those work days Monday through Friday. The survey week cannot
contain a federal, State, or local holiday, regardless of whether the holiday is
observed by the empIoyer: A survey week that meets the above criteria is to be
selected by the employer during January through May, or September through
November for the employee transportation surveys required by Section I3-1-406.
The survey week cannot be Rideshare Week or c6ntain any other rideshare or
transit promotional event, e.g. "Beat the Back-Up."
Telecommuting: A system of. wOrking at home or at an.off-site, non-home
telecommute facility for the full work day on a regular basis of at least one day
per week.
.
Transportation Management AssoCiation: An organization through which
developers, property managers, employers, and/or local jurisdictions cooperate in
designing, implementing~ and assessing Employer Trip Reduction Programs or
other transportation demand or system management programs and measures.
i 13-1-227 Vanpool:. A vehicle occupied by seven (7).to fifteen (15) employees including the
i driver .who commute together to work for .the majority of their individual
· commute trip distance. Employees Who work'for'different employers are included
Within this-definition 'aslong as'they are in'.the'vkhicle for the majority of their
.individual trip distance. ' ' -.
13-'1-228'-.-h. 'Vehicle:-A deVice by which any'person or property imaY be-i~r0p~liled, m~x}ed; .6r.
~. drawn upon a highway, except the following: 1) a device moved exclusively by
.human power, 2) a device used exclusively upon stationary rails or tracks, 3)
· '"'" buses used for public or private transit: .ExamPles of Vehicles'include, but' fire not
· - cycl a ckup '~
· '.' · limited to,. passenger'c'ars, motor es,'.v ns, and pi ..h~cksJ'" '
..,,-~. 2-.. "-i ~ r '.', :-- t . ,:
. . - -.: ? ~,. ,.. ;. i . · · . - : . . - .: -:
.',.; · :_.:.:·. . . .... · :!. :,
_ .'.. . '.-.,..~ 57, i: :5 '. ':"~'7 7_:.. . _ , . ..: ..... . _ · ..-.¢ .... .- :%: ~.:.~,,. :.,- .. .-
' "·"·" "'
.. ;
·
.. 'B. ~A~QMD:,TriP:R~duetiCr~ l~ule~
'---Adopte~ December. :16}'31'992~
13-1'229 -' Vehicle Employee Ratio (VER): VER is the number of vehicles used by employees
.
~ "-:.' 'who. start work at~a work 'site during the peak period divided by the number of
.:...:.. ~.-~, ..: :those emplOyees averaged over the surveyweek 'as calctilated pursuant to SectiOn
,..,.~: .... 13-.1-.601.- VER is the reciprocal of AVR.: .....
.
13',1-230 ...- ¥olunteen. An individual who doe~ 'not receive any wages, salary, or other form
of financial reimbursement from the employe, r fOr .sentice:s proVided.
. -.-. .., .. ,', . ;-: . ..- : . .. -; - .. .. ~
13-1-231 .. Work Activity: Any activity fOr which an emploYee receives remuneration from
' .._.:.:: an.emplOyer. TeIecommuting is a:work activity...'. ..
..
13-1-232 'Work site:' Any property, real or personal, which' is'being operated, utilized,
maintained, or owned by an employer as part of an identifiable enterprise. All
property on contiguous, adjacent; or prox/mate sites separated only by a private
Or public roadway or other private or Public.right-of-way, served by a common
circulation or access system, and not separated by an impassable barrier to
.bicycle or pedestrian travel such as a freeway or flood con. trol channel is
included as part of the work 'site. If two or more 'employer3 each have 100 or
more employees at a single work site, then that work site is Considered a separate
work site for each employer. ,.. :
13-1-233
Zone: A geographical area within the District. where the performance objectives.
contained in Section 13-1-301 apply to employers with Worksites located within
that zone.
Zone 1 - Northeastern San Francisco: Includes the northeastern portion of the
City and County' 6f San FranciSco 'bounded by Van Ness Avenue from Aquatic
Park south to Bay Street; Bay Street from Van Ness Avenue-west to Gough
Street; Gough Street from Bay Street south to MissiOn Street; Otis Street from
Mission. Street south to 13th Street; 13th Street from Otis Street east to Division
street; Division Street from' 13th Street east to DeHaro Street;-DeHaro Street
from Division Street south to Ber.ry Street; Berry Street from DeHaro Street
northeast to the San Francisco BaY. All employment sites, within the boundaries
as well as employfiaent sites with street addresses or frontage on'either side of
the boundaries listed above are included in Zone 1.'
Zone 2 - High Density Urban: COnsfsts of three separate areas:.----
-' .1) 'All areas of the City and CoUnty of San Francisco not COntained in
~.: .-...:.¥,-:,... ~...:.. . ..... . Zone-1-, ..... .......... ,... -:.- - . ....,~.- ...
.
: 2) Downtown Oakland,' as defined below :' ";.:: ' '
'~!". "· '~'~'" '~ :':- '~: -' "'3) - Downtown Berkeley,-as defined below '"-..-' :-
,:
'... '' '-!.' DoWntOwn Oakland is the area of the City of O'a~land bounded bY:
Castro Street from 7th Street north to M. L. King: Jr. Way; M. L. King
.... ' Jr. Way'from Castro Street north to West Grand Avenue; West Grand
.~.. : Avenue from M..L. King Jr. Way east to Broadway; Gr..andAvenue from
i: Broadway east to Harrison Street; Harrison Street frOm Grand Avenue
· south to Lakeside Drive; Lakeside'Drive from'Harrison Street sOuth to
i~:. ....-~ · .- .... -... 14th Street; Oak Street from 14th Street south to 7th Street;' 7th Street
..[i.'f: ..~ ~_ '-". - "~:"/'.'.i'-I~ "i'.-'.'"i frOm Oak street.westto Castro Street. All employment'sites within the
BAAQMD Trip Redu~,,on-.Rul¢
-.
,_,..-, Adopted December 1671992:
boUndaries as well 'as. 'emplOyment sites with street'addresses or frontage
on either side of the'boundaries described above are included in Zone 2.
Downtown Berkeley comPrises the main University of Califomia campus
(including Lawrence. Berkeley-Lab, the Cyclotron and the Lawrence
Hall of Science) and the' adjacent area 0f the City of Berkeley bounded
by: M. L. King Jr. Way from Dwight Way'. north"to' Hearst AvenUe;
Hearst Avenue from-M..L~ King Jr~ Way east to-Oxford-Street; Oxford
Street from Hearst Avenue south to .Dwight Way; Dwight Way from
Oxford Street West to..M. L: King Jr. Way. 'All employment sites within'
the boundaries as well as employment sites with--'st?eet addresses or
frontage on either side of the boundaries described above are. included
in Zone 2.
Zone 3 - Southern Counties: San Mateo, Santa Clara, and Contra Costa
Counties, and the portion of Alameda County not-contained in Zone 2.
Zone 4 - Northern Counties: Marin and Napa Counties, and those portions of
Sonoma and Solano Counties within the District.
13-1-300 STANDARDS
13-1-301
Performance Objectives: Performance objectives are expressed in terms ora VR
and VER. Employers have the option of reporting performance in terms of
either A VR or VER or both.
Zotte
Zone1 1.50 1.65 1.80 2.00
Zone2 1.20 1.26 1.32 1.38
Zone3 1.10 1.15 1.20 1.25
Zone4 1.05 1.10 1.15 1.20
AVR Performance Objectives and Year '
1993 1994 1995 1996 1997 1998
1999
2.20 2.50 2.50
1.44 1.50 '1.50
1.30 1.35 1.35
1.25. 1.30 1.30
VER Perfomance ObjeCtives and Year
Zone 1993 1994 1995 1996-1997 1998 1999
Zonel 0.66 0.61 0.55 0.50
Zone 2 0.83 ' 0.79 0.76 0.72
Zone3 0.91 0.87 0.83 0.80
Zone4 0.93 0.90 0,87 0.83
0.45 0.40 0.40
0.69 0.66 0.66
0.77 0.74 0.74
0.80 0.77 0.77
301.1 The work site AvR or VER is determined from the employee transportation
survey conducted pursuant to Section 13-1-406.. -
301.2 Employers with work sites that do not aChieve'the performance objectives
in this section shall submit an Employer Trip Reduction Plan pursuant to
.Section 13-1-408. ' ....
t
i .
.:
BAAQMD.Trip
ReduC,__., Rule
· .~/&_dopted Dedember-!. 6, ,1992
..
13-1-302
Delegated .Program: Local juns'dictions shall be delegated responsibility for
-'implementation of this rule by theAPCO if the fOllowing criteria are met:
302.1 The local jurisdiction submits a plan to the APCOthat provides adequate
resources to adopt, implement, and enforce employer-based trip reduction
requirements, or submits a demonstration, commitment, .and plan
. pursuant to Subsection 13-1-302.4.
302.2 The-local. jurisdiction adopts a trip reduction ordinance that includes, at a
- minimum; 'all those provisionS contained in Sectioni 13-1-102, 202, 209,
'.' '212, 221, 224, 229, 232,.233, 301, and z[03:. .' ....:- .
302.3 The 'lOcal 'jurisdiction adopted'trip: 'reduction ordinance includes
requirements to: ' .-
a. conduct employee tranSPortation surveys (Section 13-1-406)
b. : review and approve/disapprove Employer Trip Reduction plans
when performance objectives are not achieved (Section 13-'1-408)
c. appeal plan disapproval (Section. 13-1-409)
d. define violations
302.4
e. assess penalties
A local jurisdiction, in lieu of meeting the requirements of Subsections 13-
1-302.2 and 302.3, may'provide a demonstration that the final 1999
performance objectives are currently achieved on an aggregate basis for
all applicable work sites within its jurisdiction. Such demonstration must
utilize a methodology approved by the APCO and 'a commitment and
plan to repeat the demonstration once every three (3) years.
13-1-400 ADMINISTRATIVE REQUIREMENTS
134-401
Effective Dates: Employers becOme subject to this rule on the effective dates as
fOllows:
13.1.402
401.1 This rule becomes effective July 1, 1993 in any local jurisdiction within the
District which does not have an adopted trip reduction ordinance in
effect on January 1, 1993, or a .preliminary demon'stration and plan
approved by July 1, 1993 pursuant' to Subsection i3-1-302.4. For
.purposes of this subsection, the adopted local jurisdiction trip reduction
ordinance must affec~ all work sites of 100 or more employees (subject to
local jurisdiction authority) Within the.local jurisdiction.
.- ,401.2 This rule becomes effective July 1,·1994' }n those local jurisdictions where
" implementation of this-'rule .has not been delegated Pursuant .to Section
' 13-1-302. . .:.-.~. ·
' ' ' '' -- '- .... -5-.; . ,,...~,¥.:. .i~:, '..-:~' ... . . . .
. .
· Employee' Notification: An" employer 'shall' facilitate 'the participation.-of
emPloyees and· employee organizations in the deVelOPment of Employer Trip
Reduction Programs and Employer Trip Reduction Plans. by providing .'the
following information-to its employees at the times specified below: --- '
402.1 -Informatlon.explaining the require, ments and applicability of this-rule to
· . - -. the employer' and its work site(s) prior.t° Or at the time Of registration
· pursuant to Section l3-1-405-. .-,. .: ~ . ~: " . . .
.'~ ::.: . :... ._".: ] ; ,--...] '..~ - · .., :.. :- ~, .. -). :- ,,, . .
' ' ' ' '-.. - :" ''' "''' .... ; ~ '- ' '' ' ° ' c- ] "'-:" 7; ~ : - ''
." -...:.ii;.:.-,-.- "'.-'...'...~ .. ':. ...: - -' --... ' ..... -' . -~ .:~.-' "--!(-.-;?.. ~
- ' - :"" " . · 5.- :i. , , (;. :.'.:': ..
.'.
20 ~! t .-.':i.:...
: .. . . ' ." :: , :~"-.' ': -. '.,-'-}",'.-' '
.
_
Trip Reduc
-_. ,~doPted-December 1.6,..i992
..
402;2
.402.3
402.4
402.5
..
The content and implementation SChedule of the Employer Trip RedUction
Program required by Section 13-1-407 during its d.evelopment. -.
The content, implementation schedule, land availabOity of the Employer
Trip Reduction Plan required by Section 134-408, as applicable, at least
thirty (30) days prior to the submittal of the Employer Trip Reduction Plan
to the APCO. .-
Notification may be provided through-employee bulletins, notices posted
on bulletin boards, articles in any newsletter, generally circulated or
provided to .employees, or any other reasonable .means to assure that
employees have adequate opportunity to participate in the development of
trip reduction programs and' measures, and are informed about the full
range of trip' reduction programs and measures 'available at the work site.
The notice shall identify the Employee Transportation Coordinator and/or
the Employer Program Manager within the organization to whom
comments and suggestions can be submitted and questions addressed.-
13-1-403
Employee Transportation Coordinator (ETC): Employers must have an ETC(s)
as specified within this section.
403.1 Employers shall appoint an ETC for each affected work site. Employers
with multiple affected work sites within the District may appoint one ETC
for mOre than one work site, even when these work sites are located in
different zones.
403.2 ETCs must complete an APCO-certified training curriculum within nine
(9) months of the effective dates of this rule as specified in Section 13-1--
401, or within six (6) months of appointment when appointed after the
initial nine (9) month time frame..
403.3 The employer may apply to the APCO for a waiver from the training
requirement of SubsectiOn 13-1-403.2 when an ETC 'has one or more
years of experience in t.rip reduction or equivalent skills.
403.4 An ETC may also serve as the Employer Program Manager provided that
the individual'meets the criteria specified in Section 13-1-213.
.13-1-404 Employer Program Manager:. Employers must .have an Employer Program
Manager as specified in this section.
'404.1 Employers shall appoint an Employer Program Manager. Employers with
multiple affected work sites within the District may appoint one Employer
Program Manager for .more than one Work Site.,. even when these work sites
are located in different zones.
- 404.2 An EmplOYer Program Manager mayalso serve as the ETC provided.that
.the individual meets the-requirements of Section t34-403.
.
·
· :
-.
· .
.
.
. ' . -:~' .... :., ~: .' :..'~'-'-!.-. -': :- "i '~.~' -.
tt · . . ~- '.~ ....... -~- .
. .. - '- .: .' ?')--;i.i.-'. ':":. .... " '
.,;.: ' :. ......... , _. _ ~...-.:.,:~"-'" .... ::. --. . . --.: ' ' "-
'.'~ ' '"~' .BAAQMD Trip Red~_,~,oni.Rule
.
Adopted December 16,'.1992
13-1-405
Registration.. ReqUirement:i. Public. and-private employers with:-100 or more
employees Ot. a single work site within the District Shall register with theAPCO in
accordance with the schedule contained in Subsection 13-1-405.4.
405.1 Registration shall be subrnitted to:
EmplOyer Registration
Bay Area AQMD
. .
·
..
-" 939 Ellis Street
-405.2
San Francisco, CA 94109
.' ,
Employer registration .shall include the-following information:
a. , Employer name and mailing address.
b. Separate-id6ntification of each work site(s) including locational
address~
c. Employee Transportation Coordinator and Employer Program
Manager name and telephone number for each work s/te.(s).
d. The total number of employees reporting or assigned to each work
site(s).
e. The total number of emploYees who start work at each work s/re(s)
during the peak period.
405.3 Employers claiming an'exemption pursuant to Section 13-1-106 shall
provide the following information:
a. Employer name and mhiling address.
b. Name, mailing address, and telephone number of a contact
. person.
c. Separate identification of each work site(s) including work site
name and locational address. :
d. The total number of employees reporting or assigned to each work
site(s)~
e. The total number of employees who start work at each work site(s)
during the peak period.
405.4' Employers are required to reglster with the APCO as follows:
a. Employers who become subject to this rule on July' 1, 1993
pursuant to Subsection 13-1-401.1 must register with the APCO by
. September 30, 1993~ .._
· b. -Employers who' become. Subject. to ...this ';rule on july ~1,' 1994
pursuant to Subsection 13-1~401.2 must'regiSter with'the APCO by
Spt be - '
-... .- e em r30,1994.-:' .... !? -. ..... :: .... . . . .~ . .
c. Employers who become:'.SubjeCt .to· this' rule subsequent to the
schedule .above due to an. increase in 'employees or the
establishment 0f.a-new or expanded work site shall register with
--.. the APCO within ninety (90) days' of becoming subject to this rule.
13-1-406 .... "~Employee.TranSportation 'Surveys:-'-E~nployers':~must'i:~conduct emPlOyee.
transport, atiOn' surveys., as :.sPecified in this section "to-"establish Whether' the
:,
· .' .... '.' -~ ':':' .~.- .- :- .'performance'objectives listed in section 13-1-301 have..b6en achieved? :~:/..': .-..' .:
· .' ".. . ' '" ' - ' - -. -'~-2."" : ' '" "- · '
I
·
BAAQMD Trip .ReduCmon Rule
AdoPted D~cember"16, '1992
406.1 An~ employer shall conduct' an employee transportation 'survey consistent
-with the procedure contained in Section 13-1-601 and' submit the survey
responses to the APCO in accordance with the schedule contained in
.Subsection 13-1-406.7.--
406.2 An employer has the option of processing the' employee transportation
surveys on-site or having the surveys processed by an-outside entity.
Survey processing must be. consistent with', the :procedures conl~ained 'in
· Section 13-1-601, verifiable, records must be maintained, and the survey
results ar~ to be submitted t° the APCOin accordance with the schedule"
contained in Subsection -13-1-406.7.
406.3 An employer may use a Random: Sample Employee Survey 'Method
consistent with' Section 13-1-602 .for' work sites where 400 or more
employees start work during the peak Period.
406.4 The APCO will notify employers of the due date for subsequent year
surveys.
406.5 Employee transportation surveys are to be 'conducted annually unless a
work site demonstrates-that a future year performance objective is
achieved. 'These work sites are required to survey.every other year as long
as future year performance objectives continue to be achieved.
406.6 An employer shall not offer any special incentives or disincentives in
addition to its regular Employer Trip Reduction Program during the survey
week. This limitation does not apply to activities "undertaken by an
employer iff response to a District-forecast exceedance day, e.g. the "Spare
the Air" Campaign. -'
406.7 Employee transportation surveys are to be conducted as follows:
· a. Employers subject to this rUle July 1, 1993 with work sites of 500 or
more employees must conduct an employee transportation survey at
tho,se work sites by November 30, 1993,
b. Employers subject to this rule Jul3 1, 1993 with work sites of 100 to
499 employees must conduct an employee transportation survey at
those work sites by May 31, 1994.
c. Employers subject to this rule July 1, 1994 with work sites of 500 or
more employees, must conduct an employee transportation survey at
- those work sites bY November 30,. 1994.
d. Employers subject to this rule July. 1,. 1994 with work sites of 100 to
499 employees must conduct an.employee transportation Sui'vey of
-- those work sites by May 31, 1995~ .... -
.
.- e; ' ' EmPloyee transportation survey fOrms are t° be submitted t° the
" ~APCO within 45 days. of the survey' week if .-the District will be
processing the survey formS.-- . _ - '-
f. - 'Employee transportation survey results are to be submitted' to the
.. APCO within 90 days of the surg. ey week if the employer or another
i ....--'-: - ,i!'.. entity will be processing the survey forms.
'~ -" -' :' g. -'..: -'. ~'. Subje,ct 'to APCO. approval, .':ah' emPloyee, transPOrtation' SUrvey'
'~ :... .'.'.-.:"_: :~-. '.--.Condudted. pfior.~._ tO'i . the"::: effective __. dates :of'.-'.this. rule' maY. be.
"::: ': ~::-':' '~'--':' ;"'-' s~brnitted t° ' fulfill '. the :require-ments"Of this Sub'seCtion provided
. .~_' ." .~ ~ -. ., -.... ~'., . . .. .~ .
" .... '. ::
"'- '~" '23'
.
BAAQMD Trip .RedUL'rrOn Rule
.~..:AdOl~ted' December 16;.1992'
13-1-407
13-1-408
. .
that 1).the survey was 'cOnducted Within six (6) months' of' its
submittal date and 2) i,t provides sufficient data to calculate the
performance objective pursuant to SectiOn 13-1-601.
·
406.8 Employers who become subject t° this rule' subsequent to the schedule
above due to an increase'in employees or the establishment of a new or
expanded work site shall conduct 'an employee transportation' survey within
'six (6) months after meeting the requirements:of Section 13-1-405.. The
dates in Subsections 13-1-406.7(e) and (f)..apply regarding submittal to
theAPCO. ' '. ~"- -. - · ..:-" ': -- '
Employer Trip Reduction Program: EmPloyers m..ust have .an Employer Trip
Reduction Program as specified in this section.
407.1 Within six months of the end of the survey week for the first " employee
transportation survey conducted pursuant to SectiOn 13-1-406, employers
shall develop and implement an Employer Trip ReduCtion Program.
407.2 The Employer Trip Reduction Program is only submitted to the APCO for
work sites subject, to Section 13-1-408.
Requirement to Submit.Employer Trip Reduction Plan: Employers that do not
achieve the performance objectives established in Section 13-1-301 for the
applicable year at any work Site subject to this rule shall prepare and submit an
Employer Trip Reduction Plan for that work site to the APCO within 120 days of a
determination that the performance objective was not achieved. An employer
may submit a consolidated plan that covers multiple work sites. The A?CO will
issue a determination that the performance Objective has not been achieved
based upon information received pursuant to Section 13-1-406.
408.1 The Employer Trip ReduCtion Plan shall contain the following:
a. A description of the measures taken to comply with Section 13-1-
402. ' - --.-
b. All the information required by Subsection 13-1-405.2.
c. A detailed description and inventory of measures contained in the
Employer Trip Reduction' Program developed and implemented
pursuant to Section 13-1-407 including a list of specific .trip
reductiOn measures already implemented, such as those listed in
· Section' 13-1-216. ~--. ""
d. A'desCription~ schedule, and commitment to implement additional
or,enhanced'measures Which includes'-all reasonable, feasible, and
.
_ .
· cost effective trip reduction.-measures 'that Can be expected to
bring ' about - significant :," progress ':toward achievement of the
performance objectives: The Plan shoUld include appropriate
measures from the 'categOries of measures listed in Section 13-1-
216 and other measures - (if ariy) ., designed, to address'unique
· characteristics of the work site; ,, :. ~..,: ~. ,. . . .~
e. Summary and: disCUSsi°n'of the results of an,attitudinal, survey of
~,..:.i' . : .... ...,.~...~.!~. ~..': ...., emPlo, yees.,or an :employer/employee:::.work group .designed to
i!i~. i-:'i -. :';:': ...~:- :i: ..,~ ,.:-': -~..~- .. -:' ~-' !i-,~: ~,: ,:~aScertain .'....empl°ye~.~: atfitudeS::i:.t°Ward-.;-,various :- incentive and
il }::?i.)...::.,!.:.:?.:~':.::? "-',",'.'.:.'-?:'." ' '. · .--'. - -'. - ' ."..-c-':..::..'.,' _24 ..-i:,.' '.::'..,'...--'., ~:: .... ~.~.. i;: -:,.- :; :..!:i.'.:·.i.:: i. ?..'- -.-i :' .:
: --
~B~QMD.Trip ReduCtion Rule
AdOPted Decembe~r 16, 1992'
408.2 '
408.3
40814
408.5
408.6
--408.7
·
408.8
f. A discussion' of the progress achieved-to date and an analysis of
why th~ Employer Trip Reduction Program-did not achieve the
performance objective including special issues, circumstances, or
conditions at the work site.
g. A budget indicating all current and projected expenditures for the
Employer Trip Reduction Program,
The plan shall be submitted by the'highest rankfi~'ng responsible official of
the employer at the work' ~ite or each-work site'.when a consolidated plan is
submitted that Covers multiple Work sites..
At the option of an employer,' the' Employer Trip Reduction 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 cont]rol
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 to fulfill the requirements of
Subsection 13-1-408.7.
The APCO shall approve and the employer shall implement an Employer
Trip Reduction. Plan that includes all reasonable, feasible, and cost
effective trip reduction measures that can be expected to bring about
significant progress toward achievement of the. performance objectives
given the constraints of the work site,-the nature of the work activity, and
the geographical distribution of employees relative-to the work site; or the
APCO shall approve an alternative demonstration pursuant to Subsection
408.3. The APCO shall disapprove any plan'that does not meet the above
specified approval criteria. ·
An .employer shall revise and resubmit to the APCO any'disapproved plan
within 90 days of the disapproval. If the revised plan is disapproved, the
employer has one additional 90-day opportunity to revise and resubmit a
plan before final disapproval.. Final disapproval is a violation of the rule
subject to penalty.
An employer may appeal any. APco"disapproval of its Employer Trip
Reduction Plan pursuant to Section. 13-1:409. .
An employer subject-, to "this section"shall update its 'Employer Trip
Reduction-Plan once every two years after-plan approval until such time
'as the performance objective is aChieved. Such plan updates are to be
submitted every two years to theAPCOoh or. before the anniversary date
of plan aPproval. -.- - - -
· .An employer subject to this section shall continue to meet the
. . ". ': requirements of Section 13-1'406.
· 408.9 An employer shall revise-and re~ubmit'its'Employer'Trip 'Reduction Plan
'' '-~'-: -' ~' ' :' within 90 days of a final-determinatiOn that art'-element Of an approved
'~ ~i'..i~.:!!..:~...:. ;:??.;~'i.~?:..:-~...: ...... EmplOYer Trip Reduction Plan' Violates-any prbVision ofqawis issued bY an
~" ....... ":")' ~'"::"':':~ ' ~ ' ' ' ~ ' ' ' .... ' "n
-.--::-::::~:-.-~.::'::.}~: ::.,:-:?<: i.:?.' ":~-:'... agency or court with jurisdiction to make such determ]nauo .
BAAQMD Trip Redu~on Rule
.
.._~_ Adopted Decembe~ ~6;31992':
13.i-409
Appeal of Plan Disapproval: An employer.may apPeal a plan disapproval made
pursuant to Section 134-408 to the Employer Trip. Reduction Appeals Committee
following the procedures listed below:
409.1 The employer submits a written Notice of :Appeal to the APCO witlfin
thirty (30) days of Plan disapprovak '
.409.2 The APCO shall notify the Employer Trip Reduction ApPeals Committee of
the appeal, and the Employer ,-Trip'.Reduction Appeals-'-Com.~.'tee will
convene to hear the appeal...- -
409.3 The Employe~ Trip Reduction Appeals committee shail'iss~e its decision
on the appeal within thirty (30) days afier the close of the heating. ..
409.4 The dUe date 'for revised .EmPloyer'TriP ~eduction 'Plans pursuant to
Subsection '13-1-408.5 will be suspended during the .appeal process
authorized by this section.
13-1-500 MONITORING. AND RECORDS
13-1-501
Recordkeeping Requirements: Employers must maintain records and documents
as specified in this section.. '
501.1 Employers subject to this rule shall maintain and retain records, files;, and
documentation to establish comPliance with Sections 13-1-402, 403, 404,
405, 406, 407, and 408. ~
501.2 Retention by the employer of such records, files, and documentation shall
be for three years.
·
501.3 Such records, files, and documentation 'shall' be made available to the
APCO during any on-site audit conducted by the District.
13-1-600 MANUAL OF PROCEDURES
13-1-601
'601.4
Performance Objective Calculation: .AVR or VER for.each affected work site is
to be computed in a manner consistent with the following method.
601.1 The employer conducts an employee transportation survey during a survey.
week.
601.2 AVR is calCulated only for those employees who start work or are assigned
to the work site during the peak period.
601.3 If less than 60% of the.survey forms are returned for processing from
tho§e employees who-start work 'dUring'the peak period, ali-survey forms
'nOt returned from those employees who start Work during the peak period
shall be. counted as single_occupant, vehicles~-~ for purposes of. calculating
AVR or'VER.. ' ' ' :-:' ': '::'. :-", 5 ::' ,:'-. ". ~· :.~,.,....,:.(-,.:......: ..,. .... ...- .
.
If 60%-'or more Of' the survey., forms- are'_returned for processing from
those ~mployees who' start Work during, the peak period, one-half.of those
survey forms not returned from :those employees.who start work during
the Peak period shall-be~ assumed to :have the. same AVR o/' I/ER as that
-calculated from' the respons6Sto the surveys 'returned, land one-half shall
be counted as single occupant vbhicIes .fOr.purPoses of calcUlating/4 VR or
. Q-. '~'...' ' ' ' ':'"': ":" -- "-._.¥::'V :, :.. :, ,'? ':!:. :.. ~ : . .
-.
·
· ' ~BAAQ~Tfip. Redu¢~n RUle
Adopted December 16, 1992.
;. ,:-:~..:~('.::i:. i:. '::./ ;' :' ";- b.' ::.-' PriVate'buspool''or Club bus' ""'
· Bi Y '
· :" ::~"-'- - ' .... ' .......... C. ' C ' -
601.5 A VR for the wo'rk site shall be calculated by dividing the total "employee-
days" ,for the .survey week by the total "vehicle trip-days" ]?or the survey
week.
601.6 VER'for the work site shall be calculated by dividing the,total "vehicle trip-
days" for the s.urvey week by the. total "employee-days" for the survey week.
(a) Employee-Days shall be determined as follows: ....
· The total number of'.emploYees who start work or are assigned to a work site
during the peak period each work day Monday through Friday of the survey week.
Each day of the survey week. tha, t an emplOyee starts'work during, the peak period
Counts as one employeerday. For example, an employee who starts work each day ·
Monday through Friday of the. survey week between 6 a.m. and 10 a.m. counts as
five (5) employee-days. The follOwing procedures are used in totalling employee-
days:
1. Employees teIecommuting or are off due ~o'a compressed work week
schedule are counted as reporting to the work site in calculating the total
employee-days.
2. The following employees are not included in the employee-days total:
a.' Employees not working because of vacation, sickness, or other
time-off.
b. Employees who report, to a different work site or an off-site work
related activity.
c. Disabled employees.
(b)'Vehicle Trip-Days shall be determined 'as follows:
The total number of vehicles used by employees who start work or are assigned to
the work Site each work day MOnday through Friday of the survey week. A vehicle
trip-day is based on the means of transportation used for the greatest distance of
an employee's home to work commute trip. An employee who starts work during
the peak period and arrives at the work site each day of the survey week Monday
through Friday in a single occupant vehicle, counts as five (5) vehicle trip-days.
The following numerical values are used in calculating the total vehicle trip-days:
1. Single occupant vehicle (drive alone) equals one (1).
2. Carpool eqUals one (1) divided by the number of people in the carpool.
3.. Vanpool equals one (1) divided by the number of employees in the
vanpool.
4. Motorcycle, moped, motorized scooter, Or motor bike equal one il)..
5. clean-fueled vehicles are. cOunted as follows:"
'Electric vehicle equals Zero (0). '" '~' '
"b. 'Compressed natural gas vehic!e..equals One-fourth (0.25).
c. Propane vehicle equals one-half (0.50).-
d. Dual' Or flexible fueled vehicleequals three-fourths (0.75).
The following all equal zero (0) vehicle trip-days: -
.,-. ' a.. 'Public transit.(busi light rail, ferry,-Caltrain, BART)
-.
?.. .... . BAAQMD Trip ReduCT{on RUle.
·
...
'-' Ad l~ted De '
· o cember 16, '1992'
.
13-1'602
i-..
601.7
Walking and other non-motorized: tranSportation modes
Employees telecommut~ng (0niy on the 'days' those employees are
telecommuting for the entire day)
f. '.EmPloyees who work a compressed work week schedule (only on
their compressed day(S) off) - .
Disabled employee vehicles at all times
EmploYerS with multiple. Work sitb, s Within the. Same zone' have the opti0fi
to· average individual work site AVR or'VER to demonstrate that the
performance Objectives are achieved on an aggregate basis for those work
sites 'when the District is implementing the rule. If the employer
demonstrates that the performance Objectives (Section 13-1-301) are
achieved using the averaging methodology, then those work sites included
in the averaging are not subject to the requirements of Section 13-1-408.
a. The weightedA VR average for the multiple work sites is calcUlated
by 1) adding together the "employee-days" for each work site, 2)
adding together :the "vehicle trip-days" for each work site, then 3)
dividing the aggregate "employee-days" by the ag~egate "vehicle
trip-days" to obtain the weightedAVR average..
b. The weighted VER average for the multiple work sites is calculated
by dividing the aggregate "vehicle trip-days" by the aggregate
"employee-days."
c. The weighted VER average for multiple work sites can also be
calculated as the number of peak period employees multiplied by
VER (Site 1) plus the number of peak period empIoyees multiplied
by VER (Site 2) divided by the total peak period employees (Sites
and 2). _..
-go.
Random Sample Method: The. method described in. this section must be
followed when an employer chooses to use a random sample to meet the
requirements of Section 13-1-601.
602.1 Summary:
a. SUbsection 13-1-406~3 provides an option for l~rger work sites to
calculate AVR or VER based upon a random sample of the
employee population. The random sample option is available only
for work sites where 400 or more emPloyeeS start work during the
Peakperiod (6:00 a.m. thrOugh~.!0;00_a.m.). ,. - .'
b. The size of the random sample, depends' Upon the number of
employees Who start'work during' the peak period at the work site.
The means to determine the'minimum size of'the random~sample
is described in Subsection 13-1-602.2(b).
c. The sample must-be selected as described in Subsection i3-1-
' 602.2(d). Once the sample group has been. seleCted,, the employer
is.not, permitted to send additional-survey forms to.employees
beyond the original. sample 'group. _This Will invalidate'the results
of the survey and Void the employer's Option to utilize the random
'BAAQ~ Trip Reduction.Rule
Adopted December 16, ·1992
d. A high response rate is critical.to ensure that the random sample
produces an accurate A VR or VER for the work site. The employer
should'make a concerted effOrt to obtain a completed survey from
each employee in the sample. All nOn-respondents in the sample
·
will be treated as drive alone commuters (i.e. commuting in a
single occupant vehicle) for purposes of calculating the work site
AVR or VER.'
602.2 Basic.. Random Sample'Selection MethodolOgy... '-
a. .The employer shall-compile a COmplete liSt of. employees at the
.wOrk site, in alphabetical order, and assign a consecutive number
to each employee." The employer shall exclude from the list
employees who are known to'regularly start work outside the 6:00
a.m. through 10:00 a.m. peak period.
b. The employer shall determine the number of employees to be
included in the random sample using the following formula, where
n is the sample size and N is the number of employees who start
work between 6:00 a.m. and 10:00 a.m.
n= N
1 + .0026(N-i)
A Sample of Size "n" based on'this formula should produce anAVR
or VER with a sampling error of at most plUs or minus 0.05, with
95% probability. The sample size based on this formula is
displayed in the table below:
Number of Peak Period -- Sample
Employees @ Work Site Size
400
421
441
461
481
501
551
601'
651
-' 701
..... -.751
801
851
901
to 420
to 440
to 460-
to 480
to 500
to 550
to 600.
to 650
:
to 700
to 750 .
to 800 -
to 850
to 900 . ·
to 950 ..
951 to 1000 '
-.
1001 to 1500
. ·
'1501 to 2000 -'
2001' to 3000 ~"
3001~ to 4000 '- -' - - --'- ~'-' :i' .' '_
200
205
210
214
218
.225
235
240
248
255"
260
-265
270
274
278
300
·320
340"
350·
BAA. QMD.Trip ReduCtion Rule
-Ad°Pted DeCember.16;'1992-
d,
...
In no caSe can the random sample size' be leSs than indicated in
the above table.' The employer may choose .to include a larger
'number of employees in the survey. A larger sample group should
more. :accurately-represent-the entire employee population,
provided that the employer obtains a high'response rate.
After the sample 'size. has been. ., dete. rmined, the employer has two
options for selecting the sarnple: -..-' '
1.' -.' USe a computer program_to ~eiect distinct random numbers
" 'from the employee list'(e.g.'278 distinct .random numbers
~between 1 and 1000, where 1000 employees start Work
during the peak'period).. The District will make available a
- DOS-based computer program' to select random numbers.
2. Select employees from the list based upon a sampling
interval and random starting number.
To determine the sampling interval, the employer Shall divide the
total population-of employees who start work during the 6:00 a.m.
through '10:00 a.m. peak period by the sample size and round the
result down to the nearest intege?.
602.3
Example:-If a Work site has 1000 employees who start work during
the peak period and the sample size is 278, then the sampling
interval equals 1000 divided by 278 = 3.6., The 3.6 is rounded
down to 3 to produce the sampling interval. Therefdre, every third
name on the list shall be selected beginning at a random starting
number X where X is between 1 and 3. If X equals 3, then the
sample would include numbers 3, 6, 9, 12, 15, etc., until the
required 278 numbers have been selected.
e. The methodology described in Subsection 13-1-602.2(d) will
eliminate potential bias that could result from choosing survey
participants on the basis of department, rank, income level, home
zip code, or other demographic factors, or from excluding certain
segments of the employee population.
Selection Process for Subsequent SurVeys:
a. In subsequent 'surveys, the em_ ployer may select the random Sample
using the method described .iri Subsection 13-1-602.2 or the
employer, may choose' to. survey the' same emPloyees that .were
included in the previous random sample. Employees in the
previous random sample group-who have left the organization
shall be replaced-in the new sample by employees'selected per
Subsection 13-1-602.2. The latter approach may enable the
employer to more accurately track changes in commute mode from
one survey to the next ..... ., ~. .... . -
. .
- ' t - ' '. ' '. ' ' ' ,' ":.' .; ' ." '. i '. 7 . -:: - ,', -.. .... -._ · ' ~' . .~.. -
. '. · t , . , : - ' ' .':~' ' . -'"
t
BAAQMD Trip ReduciTon Rule
~'~ Adopted December.16, :'1992'
60Z4
be-
._
· .
If the number of employees' Who start work between 6:00 a.m. and'
10:00 a.m. has increased or decreased by more than 20% since the
last survey, the employer shall select a completely new. random
sample group using the .methodology described in Subsection 13-1-
602.2. '
Performance Objective Calculation, Reporting, and Recordkeeping:
a. A VR or VER must be calCUlated according to the methodology
described in Section' 13,1-601. 'Notwithstanding 'the provision of
· Subsecl~ion 134-601.4, any kmployee in the. random sample group
who. f, ails to 'submit a' completed survey form shall be included in
the performance Objective calculation as a drive alone commuter
(single 'occupant vehicle).
b. The employer shall submit to the District: 1) the completed survey
forms for processing or the resutts of the survey, according the
schedule in Subsections 13-1-406.7 or 406.8; 2) a description of the
methodology used to select the random sample; and 3) a tally
-showing .the number of surveys distributed, the number completed,
and the number of non-'respondents.
c. The employer shall retain records needed to document adherence
to this protocol for a period of at least three years, including the
master list used to generate the random sample and the names
and numbers selected from that list.
t
t