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Item 6.1 AmendTRO MuniCodeOrd
CITY OF DUBLIN AGENDA STATEMENT SUBJECT: City Council Meeting Date: September 12, 1994 Public Hearing: Amendment to Chapter 5.108 of the Dublin Municipal Code (Trip Reduction Ordinance) - Repeal of Sections 5.108.030, .040, .050, .060, and .070; Adoption of Bay Area Air Quality Management District (BAAQMD) Regulation 13 Rule 1 By Reference Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) RECOMMENDAT I ON: ?~/~//1 ) 2) 3) 4) 5) Draft Ordinance / BAAQMD Regulation 13 Rule 1 Copy of existing Dublin Municipal Code Chapter Open public hearing Receive Staff presentation and public comment Question Staff and the public Close public hearing and deliberate Waive reading and adopt ordinance amending Chapter 5.108 of Dublin Municipal Code FINANCIAL STATEMENT: None associated with adoption of ordinance. DESCRIPTION: This is the second reading of a proposed ordinance that was introduced at the August 22, 1994, City Council meeting. The passage of Proposition 111 by California voters in 1990 resulted in sweeping changes in transportation planning and established a State mandated Congestion Management Program (CMP). Alameda County and the cities within the County subsequently formed the Alameda County Congestion Management Agency (CMA) and adopted a CMP in October 1991. One of the key components of this CMP is implementation of trip reduction and travel demand strategies, which include the adoption of a Trip Reduction Ordinance (TRO) by each jurisdiction within Alameda County. The City of Dublin adopted its TRO on June 22, 1992, Ordinance No. 10-92 (Municipal Code Chapter 5.108). In December 1992, the Bay Area Air Quality Management District (BAAQMD) adopted its own TRO. Dublin then was given the option of continuing to enforce its own TRO after June 30, 1994, or modifying Dublin's ordinance to allow the BAAQMD to administer the BAAQMD ordinance within the City of Dublin. On March 8, 1993, Staff presented a report and requested direction from City Council on which alternative Staff should take. At that meeting, the City Council directed Staff to allow BAAQMD to administer its ordinance for the City of Dublin. The BAAQMD did implement its TRO on July 1, 1994. The existing City of Dublin ordinance is based on requiring that employers w~th over 100 employees make a good faith effort to educate and encourage their employees to use mass transit, carpooling, or other alternatives to using single-occupant motor vehicles to get to work. The BAAQMD's ordinance is more stringent in that it sets up certain trip reduction goals, and if these goals are not met, employers are required to take further steps to meet the goals. Due to the City Council's decision on March 8, 1993, Staff has ceased enforcement of Dublin's Trip Reduction Ordinance effective July 1st. Staff has notified the BAAQMD and employers with over 100 employees of this change in enforcement. The City Attorney has recommended that most of Dublin's existing ordinance be repealed, and that the BAAQMD ordinance be adopted by reference. The enforcement responsibility for the ordinance will lie with BAAQMD and not with the City of Dublin; however, the City is still responsible under CMA regulations to make sure that some type of TRO program isfin effect. Staff recommends that City Council conduct a public hearing, deliberate, and adopt the ordinance amending Chapter 5.108 of Dublin Municipal Code (repeal of Sections 5.108.030, .040, .050, .060, and .070) and adoption of BAAQMD Regulation 13 Rule 1 by reference). ITEM NO. COPIES TO: BAAQMD C I T Y C L E R K FILE ~ , ORDINANCE NO. - 94 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5. 108 OF DUBLIN MUNICIPAL CODE ADOPTION OF BAY AREA AIR QUALITY MANAGEMENT DISTRICT REOULATION 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, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor BAAQMD Trip..Redt ~ Rule . .: ., Adopted Decembm:16;'1992 . REGULATION 13 TRANSPORTATION CONTROL MEASURES RULE 1 TRIP REDUCTION REQUIREMENTS FOR LARGE EMPLOYERS' INDEX 13-1-100 3-1-1oi 13-1-102 13-1-103 13-1-104 13-1-105 13-1-106 13-1-107 13-1-t08 13-1-109 13-1-110 13-1-111 GENERAL Description 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 13-1-202 13-1-203 13-1-204 13-1-205 13-1-206 13-1-207 i3-1-208 13-1-209 13d-210 13-1-211 .&ir Pollution Control Officer (APCO) Average Vehicle Ridership (AVR) Buspool Carpool Commute Trip Compressed Work Week Delegated Pro.am Disabled Employee Employee Employee Transportation Coordinator (ETC) Employee Transportation Survey 13-1-212 13-1-213 13-1-214 13-1-215 '13~1-216 13-1-217 13-1-218 13-1-219 13-1-220 13-1-221 13-1-222 13-1-223 Employer Employer Program Manager Employer Trip Reduction Appeals Committee Employer Tr/p Reduction Plan Employer Trip Reduction Program Field Constr~ction Worker Field Personnel .... " -. Independent Contractor :- Local Jurisdict/on Peal~ Period Seasonal/Temporary EmPloyee Sing]e-Occupam vehic!e- . .. 13-1-224 . 13-1-225 13-1-226 · 13-1-227 13-1-228 13~1-229 13-1-230.'.i.,' , .- . 13-1-231 13-1-232 13-1-233 ' 13-1-300 Survey Week~ ':'.' Tele'commuting : ... Transportation Management Association Vanpool - . · Vehicle Vehicle Employee Ratio (VER) 'Volunteer Work Activity Work Site Zone STANDARDS' 13-1-301 13-1-302 Performance Objectives Delegated Program 3-1-400 ADMINISTRATIVE REQUIREMENTS 13-1-401 13-1-402 13-1-403 13-1-404 13-1-405 13-t-406 13-1-407 13-1-408 13-t-409.' 13-1-500 13-1-501 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 Disapproval MONITORING AND RECORDS Recordkeeping Requirem.ents 13-1-600 ~'£&NUAL OF PROCEDURES 13-1-601 13-1-602 Performance Objective Calculation Random Sample Method ., "": :- '. :: -BALa, QMD Trip'R'dduCti0n Rule - _-. ' . ' ' REGULATION 13 ~'- :~Tv.>.-_::.':'-:: .,'.:-:_ .::-'.--:::7:L:: :.--.':4!!.: . TRANSPORTATION CONTROL MEASURES . ' RULE 1 ............ .'-.).~:-- ' ..... Trap REDUCTION PmQUnmU .NTS_FOR i RO i m LO Rs' · , [NOm r lmS S .CT OS 2O0 ^PPF U m rraJ. xc ? _mitt'' moy noer<_rm. s R .! 13-1-100,~: GENERAL :,: ..... : .-- ......· :..,' ',:' .-,-' ....... :-;:' ..... --' .... - -.- ..: , . .... ' ...... ' "- ' ' :~" :'~'--'::i."?:-.::'~:::' " ~ :':' 13-1-101 Des~:ription: The purpose of this rule is to impr0v.¢ ambient ak quality by reducing air p611utant emissions that result from vehicle commut~ trips t6 sites with 100 or more employees. 13-1-102 Applicability: This rule applies to all public and private employe, rs with 100 more employees at a work site. This rule applies only to work ~iles With 100 or more emI~loyee~. ~f an employer has 100 or more employees but no single work site. with 100 or more employees, this-rule does'not apply:-to that employer.-'. For purposes of determining the applicability of this rule, the number of employees at' a work site is determined as the maximum number of employees reporting to that work rite on any single week day Monday through Friday during the current' calendar or fiscal year. , 13-1-103 Delegated Program - Local Jurisdiction Options: When implementation of this. rule has been delegated to a local jurisdiction pursuant to Section 13-1-_302, the local jurisdiction has the option of including the following within its program. 103.1 Subject to APCO approval, a local jurisdiction may redef'me the,"zonel boundaries within its jurisdiction and adjust the performance objectives as necessary after conducting a public review pi:ocess. The overalP 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 Section i.3-1-233. 103.2 Subject to APCO approva!, a Ioc[~'I jurisdiction trip reduction ordinance' may employ' a market-based ~4VR or VER' credit banking and trading system, as long as the overall performance objecfives.fo,..r the juris.d,i.cfion , are equivalent to those contained in Section 13-1-301.'.' ..:-7.:::: '75111;i: ::~ ._' ' - ' 13.1.104- ' .' - Del;~af~d'Program.,-prOC:~ure:.~ L~'CM.j~d~[ions~m~y''~a~u'~t:delegafion at · ' ' ' ?' any ti~e inaccordance M~h the f011o~g~°6~dufdk':.;?~.-::~5~S:~-~¢:~':~-}':::4::)-. .'~':. ' L '.' . '..~ ~,. ~'. :_ .5...104A:.':~e local ju~diCtion'adOptS-.of;}~Gs~its . '" :.' 5~ .:-:'.:.'~7.' m~'et the requirements 6f SUbse~fion~:~l~-l:302.~ and 302:3 :as necessa~ :- Or conducts a demonstration pumd~t to Subsecaon lo-1-~02.4.") . ..::: '..... :, .~ · _ .' -, ' ' ' ' - -' '~:'-~-;q" -r '~ ..... ~ " ' ~ ;L .,.,-..... ' - '.- . 104.2 :.~e lOCal Y'u~di~t. ion submits ~.'.delegatiOn request and ~lafi p~U=t to -- ' , - ': ..,.... ~ ,:,-~.'.' :..,~...,: SubseCti0h 1~-1'-~02.1 to th~'~CO~?~}~:,:?:~(:;: BAAQMD Trip Reduchon Rule Adopted December 16, :1992 13-1-1'05 13-1-106 13-1-107 13-1-108 13~1-109:' ' 104.4 Under z/delegated program, all employer submittals and notifications are to be made to the local jurisdiction and not to theAPCO. 104.5 The District will delegate its authority over State, federal, and other government agencies to the local jurisdiction pursuant to California Health and Safety Code Sections 40717(e) and 40233(b). 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 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 re~stration requirement. Public and private employers must register these work sites pursuant to Subsection 13-1-405.3. Exemption - Performance Objectives Achieved: Employ'ers may qualify for an exemption from the requirements of this rule as specified in this section. 107.1 Work sites that achieve the 1999 performance objectives specified in Section 13-1-301 as demonstrated pursuant to Section 13-1-406 are exempt from ail other requirements of this rule except for this section. 107.2 Work sites that meet the requirements of Subsection 13-1-t07. t must submit to the A?CO, 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 performance objectives pursuant to Subsection 13-1-t07.3 no longer qualify for the exemption provided by this section and become subject to the requirements of this rule at that time. 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 !he same meaning as work site. Confidentiality: The APco will treat the informationan, d data specified in this 109.1 The A?CO shall treat individual emPlOyee tranxl~ortation survey responses, records, and results submitted pursuant 'to .Section 13-1-406 in a confidential manner and shall not release any information about individual employees, tO the :public~" ·Both ag~egate::at~d work site performance objective results for an employer shall be within the public BAAQMD Trip Reduction Rule AdoptedDecember 16, 1992' 13-1-110 13-1-111 13-1-200 13-1-201 13-1-202 13-1-203 13-1-204 13-1-205 109.2 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 generic budget information for trip reduction programs and measures shall be within the public domain. - 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 jurisdictions where there is not a delegated program pursuant to Section 13-1-302, theAPCO 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 avera~ng based upon data generated by each employer pursuant to Section 13-1-4.06 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 averaging when the two or more employers occupy the same work site or adjacent work sites within the same zone, and the aggregate weighted A VR or VER for those work sites achieves the performance objectives contained in Section 13-1-301. DEFINITIONS Air Pollution Control Officer (APCO): The Air Pollution Control Officer of the Bay Area Air Quality Management District (District) or the designee thereof. Average Vehicle Ridership (AVR): AVR is the number of' employees who start work at a work site during the peak period divided by the number of vehicles those employees use to arrive at the work site, averaged over the sury~' week as calculated pursuant to Section 13-1-601. 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 ~raveling 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 nonr employed people, are included within this definition as long as they are in the Vehicle for the majorky of the total trip distance. Commute Trip: The trip made by an employee from home to the work site. The commute trip may include stops between home and the work site. BAAQMD Trip Reduction Rule Adopted December 16, 1992 13-1-206 13-1-207 13-1-208 13-1-209 13-1-210 13-1-211 13-1-212 13-1-213 Compressed Work Weelc A regular full-time work schedule which 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. 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. 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, flee personnel, seasonal/temporary employees, and volunteers. Employee Transportation Coordinator (ETC): An employee, other indiv/dual, or entity appointed by an em!gloyer to develop, market, administer, and mon/.tor the £mi~loyer Trip Reduction Program or Employer Trip Reduction Plan on a full or part-time basis. 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. 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 county is a single employer for purposes of this rule, not individual departments or agencies of the city, county, or city and county. 'Individual departments or .agencies of the State of California and the federal-government are separate em?Ioyers 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 governing .board or. governing entity or that .function as one corporate unit are considered to be one employer. The term shall not include employers with ~n0 permanent work site Within the District. Employer Program Manager:. An employee with policy and budget authority who is responsible for the implementation of the E~nt~Ioyer Trip Reduction Program or Employer Trip Reductign Plan and for fulfilling the requirements of this rule. 14 - BAAQMD Trip Redt, .on Rule Adopted December 16, 1992 13-1-214 13-1-215 13-1-216 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 1 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 ali the elements listed in Subsection 13-1-408.1 which is submitted to the At>CO for review and approval pursuant to Section 13-1-408. 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 size by increasing A I IR or decreasing VER, and 'to achieve and maintain the performance objectives listed in Section 13-1-301. An Employer Trip Reductior~ ?rogram may include, but is not limited to any or all of the following services, incentives, and measures. 11. 12. 13. 14. 15. 16. 17. a. Ridesharing ca~ool/var~pooI matching /s preferentialparking for ca~oo and vanpools financial subsidies or rewards to ca~ooI/vanpooI/buspoo[ r~assen~ers including drivers e'mploy~r-provided v-ehicles for carpools and/or vanpools employer-sponsored vanpooIs ca~ool/vanpooI/buspool 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 tetecommuting d. Par'king Management char~,e for employee parking. · elimination of any employer parking financial subsidy transition from employer., parking financial subsidy to general transportation monetary allowance for all'employees free or reduced parking rates for carpooIs and vanpooIs only preferential parking for clean fuel vehicles 15 BAAQMD Trip Reducuon Rule Adopted December 16, 1992 13-1-217 13-1-218 18. 19. 20. 217 22. 23. 24. '25. 26. 27. 28. 29. .30. 31. 32. .9.9. 34. 35. 36. 37. _38. 39. 40. e. Bicycle and Pedestrian financial subsidies to bicycle or pedestrian commuters including purchase of equipment for commute trip purPoses bicycle lockers or other secure, weather-protected ,bicycle parking facilities bicycle access to building interior bicycle and/or walking route information on-site bicycle registration employee shower facilities and clothes lockers financial subsidies/rewards for walking and other non-motorized transportation modes f. On-Site Facilities/Services site modifications that would encourage walking, transit,' carpool, vanpool, and. bicycle use on-site servmes to reduce mid-day vehicle trips, e.g. cafeteria, ATMs, apparel cleaning, etc. guaranteed return trip program shuttles between multiple work sites providing child day care at/near work site refuelin~recharging facilities fop clean fuel vehicles used for employee commute trips, e.g. electric, compressed natural gas vehicles g. Promotional and Marketing Activities rideshare marketing campaigns on-site transportation fair to promote commute alternatives participation in California Rideshare Week and Beat the Back-Up Day activities h. Other membership in a Transportation Management Association that provides services and incentives establishment of employee committee to help desi~, develop, and monitor the trip reduction program enhanced trip reduction efforts on forecast criteria pollutant exceedance days e.g. the District's Spare the Air progam financial subsidies/rewards for clean fuel vehicles used for employee commute trips including carpoo[ and vanpooI vehicles assistance to employees in locating-their home residence closer to the work site and/or along transit routes assistance in the developme, nt of housing close to the work sire, along transit routes, or m an employer sponsored housing development to facilitate carpoOl/vanpool formation or shuttle service 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:. field construction site. An emPlOYee who reports for work to a temporary. Field Personnel: Employees who spend 20% or less of their work-time at the Work ~ite and who do not report to the work site during the peak period for pick- up and dispatch of an employer-provided vehicle. .. BAAQMD Trip Reduction Rule Adopted December 16, :1992 13-1-219 13-1-220 13-1-221 13-1-222 13-1-223 13-1-224 13-1-225 13-1-226 13-1-227 13-1-228 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 emt2loyer trip reduction.ordinance. Peak Period: The time from 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. Single-Occupant Vehicle: A vehicle occupied by one employee. 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 sun,'ey week cannot contain a federal, State, or local holiday, regardless of whether the holiday is observed by the employer. 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 13-1-406. The surf's.' week cannot be Rideshare Week or c6ntain any other rideshare or transit promotional event, e.g. "Beat the Back-Up." Telecommuting: A system o.f 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 Iocaljurisdictions cooperate in designing, implementing, and assessing Employer Trip Reduction Pro~amx or other transportation demand or system management programs and measures. Vanpool: A vehicle occupied by seven (7) to fifteen (15) eml2Ioyees including the 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 as long as they are in.the vehicle for the majority of their .individual trip distance. . . Vehicle: A device by which any person or ProPerty may be i~r°Pe'lied, m0('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 punic or private transit. Examples of vehicles'include, but are not limited to, passenger Cars, motorcycles,. vans, and pickup micks.' 17- BAAQMD'Trip Reduction Rule Adopted December ;16, t'19~ 13-1-229 13-1-230 13-1-231 13-1-232 13-1-233 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 survey week as calculated pursuant to Section 13,1-601. VER is the reciprocal of AVR. Volunteer:.. An individual who does not receive any wages, salary, or other form of financial reimbursement from the employe, r for service.s provided. WOrk Activity: Any activity for which an. employee receives remuneration from an e~nployer. Telecommuting is a work activity. 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 pro,'dmate 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 control channel is included as part of the work site. If two or more employers each have 100 or more employees at a single work site, then that work site is Considered a separate work site for each employer. Zone: A geographical area_w/thin the District where the performance objectives contained in Section 13-1-301 apply to employers with Work sites located within that zone. Zone 1 - Northeastern San Francisco: Includes the northeastern portion of the City and County' Of San Francisco 'bounded by Van Ness Avenue from Aquatic Park south to Bay Street; Bay Street from Van Ness Avenue west to Gough Street; Gough Street from Bay Street south to Mission Street; Otis Street from Mission Street south to 13th Street; 13th Street from Otis Street east to Division St'reet; Division Street from 13th Street east to DeHaro Streei; DeHaro Street from DMsion Street south to Berry Street; Berry Street from DeHaro Street northeast to the San Francisco Bay. All employment sites within the boundaries as well as employment sites with street addresses or frontage on either side of the boundaries listed above are included in Zone 1. Zone 2. High Density Urban: Consfsts of three separate areas:: 1) All areas of the City and County of San Francisco not Contained in Zone' l ...... " -' 2) Downtown Oakland, as defined below 3) -Downtown Berkeley, as definedbeIow ' - · ' ' Downtown Oa'kland is the area of the City of Oakland bounded by: Castro Street from 7th Street north to M. L. King Jr. Way; M. L. King Jr. Way from Castro Street north to West Grand Avenue; West Grand Avenue from/vi. L. King Jr. Way east to Broadway; Grand Avenue from Broadway east to Harrison Street; Harrison.Street from Grand Avenue south to Lakeside Drive; Lakeside Drive from 'HarrisOn Street south to 14th Streeti ©ak Street from 14th Street south to 7th Street; 7th Street from Oak street west to Castro Street. All. emploYment sites within the , BAAQMD Trip Reduction Rule · Adopted December 16,11992 13-1-300 13-1-301 boundaries as well as' 'employment sites with street addresses or frontage on either side of the boundaries described above are included in Zone 2. Downtown Berkeley comprises the main University of California campus (including Lawrence' Berkeley Lab, the Cyclotron and the Lawrence Hall of Science) and the adjacent area of the City of Berkeley bounded by: M. L. King Jr. Way from Dwight Way north-to'Hearst Avenue; Hearst Avenue from M..L. King Jr. Way east to Oxford Street; Oxford Street from Hearst Avenue south to E~right Way; DMght Way from. Oxford Street west to M. L. King Jr..Way. All employment sites within the boundaries as well as employment sites with sti-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, a'nd 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. STANDARDS Performance Objectives: Performance objectives are expressed in terms and VER. Employers have the option of reporting performance in terms of eitherAkX or VER or both. AVR Performance Objectives and Year Zone 1993 1994 1995 1996 1997 1998 1999 Zone 1 1.50 1.65 1.80 2.00 2.20 2.50 2.50 - Zone2 1.20 1.26 1.32 1.38 1.44 1.50 1.50 Zone3 1.10 1.15 1.20 1.25 1.30 1.35 1.35 Zone4 t.05 1.10 1.15 1.20 1.25 1.30 1.30 VER Performance Objectives and Year Zone 1993 1994 1995 1996 1997 1998 1999 Zone 1 0.66 0.61 0.55 0.50 0.45 0.40 0.40 Zone2 0.83 0.79 0.76 0.72 0.69 0.66 0.66 Zone3 0.91 0.87 0.83 0.80 0.77 0.74 0.74 Zone4 0.93 0.90 0,87 0.83 0.80 0.77 0.77 30t.1 The work siteAVR or VER is determined from the em~p!oyee transportation survey conducted pursuant to Section 13-1-406.- ~ Employers with work sites that do not achieve the performance objectives in this section shall submit an Em£loyer Trip Reduction Plan pursuant to Sect/on 13-1-408. BAAQMD T[ip Reduc~,0..n Rule -Adopted Dedember 16, 1992 13-1-302 Delegated Program: Local jurisdictions 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 APCO that 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 focal jurisdiction adopts a trip reduction ordinance that includes, at a minimum, all those provisions contained in Sections 13-1-102, 202, 209, .' 212, 221,224, 229, 232, 233, 301, and 403. 302.3 The local jurisdiction adopted trip reduction ordinance includes requirements to: . a. conduct employee transportation surveys (Section 13-1-406) b. review and approve/disapprove Employer Trip Reduction Plans when performance objectives are not achieved (Section 13-1-408) c. appeal plan disapproval (Section 13-1-409) d. define violations e. assess penalties 302.4 A locaJjurisdiction, 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 methodolo~ approved by the A?CO and a commitment and plan to repeat the demonstration once every three (3) years. 13-1-400 ADMINISTRATIVE REQUIREMENTS 13-1-401 13-1-402 Effective Dates: Employers become subject to this rule on the effective dates as follows: 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 t, 1993, or a preliminary demon-stration and plan approved by Jul>, 1, 1993 pursuant' to Subsection 13-1-302.4. For purposes of this subsection, the adopted local jurisdiction trip reduction ordinance must affect 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 localjurixdictions where implementation of this-rule has not been delegated pursuant to Section lo-l-oO-. ,. Employee Notification: An employer shall facilitate 'the participation of employees and employee organizations in the development of Employer Trip Reduction Programs and Employer Trip Reduction Plans by providing .the following information to its employees at the times specified below: 402.1 Information explaining the requirements and applicability of this rule to the employer and its work site(s) 15riot to or at the time of registration pursuant to 'Section 13-1-405. . .2 :213 ~ ._ BAAQMD Trip Reduch,~,~ Rule Adopted December !6,. 1992 13-1-403 13-1-404 402.2 402.3 402.4 402.5 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, ' and availability of the E~nployer Trip Reduction Plan required by Section 13-1-408, as applicable, at least thirty (30) days prior to the submittal of the Employer Trip Reduction Plan to the APCO. 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 Managqr within the organization to whom comments and su~estions can be submitted and questions addressed. Employee Transportation Coordinator (ETC): Employers must have an ETC(s) as specified within this section. 403.t Employers shall appoint an ETC for each affected work she. 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 zotzes. 403.2 ETCs must complete an APCO-certified training curriculum w/thin 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. Employer Program Manager:. Employers must have an Employer Program Manager as specified in this section. 404.1 Employers shall appoint an EmPloyer Program Manager. Employers with multiple affected work sites within the District may appoint one Employer Program Manager for more than one work site,, even when these work sites are located in different zones. 404.2 An Employer Program Manager may also serve as the ETC provided.that the individual meets the requirements of Section 13-1-403. .BAAQMD Trip Re,~,,ction Rule Adopted December 16, 1992 13-1-405 13-1-406 Registration Requirement:. Public and private employers with 100 or more employees ~tt a single work site within the District shall register with the APCO in accordance with the schedule contained in Subsection 13-1-405.4. 405.1 Registration shall be submitted to: Employer Registration Bay Area AQMD 939 Ellis Street San Francisco, CA 94109 405.2 Employer registration shall include the following information: a. , Employer name and mailing address. b. Separate identification of each work site(s) including tocational address. c. Employee TranSPortation Coordinator and Employer Program Manager name and telephone number for each work s/re(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 site(s) during the peak period. 405.3 Employers claiming an exemption pursuant to Section 15-1-106 shall provide the following information: a. Employer name and m'ailing 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 assi~ed 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 register with theAPCO 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 September 30, 1994.- - : c. Employers who become'subjeCt to this rule subsequent to the schedule, above due to an increase in employees or the establishment of anew or expanded work site shall register with the APCO within ninety (90) days of becoming subject to this rule. Employee Transportation Surveys: Employers.- must conduct employee transportation surveys as specified in this section to' establish whether the performance objectives listed in Section 13-1-301 have been achieved.. QMD Trip Reduction Rule · Adopted December 16, 1992 406.1 406.2 406.3 406.4 406.5 406.6 406.7 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.- 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 contained in Section 13-1-601, verifiable records must be maintained, and the survey results are' to be submitted to the/tPCO'in accordance with the schedule contained in Subsection '13-1-406.7. 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. The APCO will notify employers of the due date for subsequent year suD'eys. Employee tranxportation 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. An employer shall not offer any special incentives or disincentives in ' addition to its regular Employer Trip Reduction Program dur/ng the sur~,ey week. This limitation does not apply to activities undertaken by an employer in response to a District forecast exceedance day, e.g. the "Spare the )fir" Campaign. Employee transportation survey~ 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 those work sites by November 30, 1993. b. Employers subject to this rule July, 1, 1993 Mth work sites of t00 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. Eml2Ioyers subject to this rule July 1, 1994 with work sites of 100 to 499 employees must conduct an employee transportation survey of those work sites by May 31, 1995. e. Employee transportation survey forms are to be submitted to the 'A?CO within 45 days of the survey' week if the District will be processing the survey forms. f. Employee tra~portation survey results are to be submitted to the A?CO within 90 days of the sumey week if the employer or another entity will be processing the survey forms. g. Sub.ie,ct 'to APCO approval, 'an employee trar~pOrtation survey conduc'ted prior to the effective dates 'of .this rule may be. submitted to 'fulfill the .requirements'of this s'~]b'section provided 23 BAAQMD Trip Reduction Rule ' :Adop-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) it provides sufficient data to calculate the performance objective pursuant to Section 13-1-601. 406.8 Employers who become subject to 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 must have an Employer Trip Reduction Program as specified in this section. 407.1 Within six months of the end of the survey week for the first'employee transportatiorz 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 APCO 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-t- 402. do All the information required by Subsection 13-1-405.2. 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. ' A description, schedule, and commitment to implement additional or enhanced measures which includes'hall reasonable, feasible, and cost effective trip reduction measures that can be expected to bring about significant pro~ess 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 any)designed to address unique characteristics of the work site. Summary and discussion 'of the results of an attitudinal, survey of emplgye, es or an .employer/employee work group designed to ascerrmn employee attitudes ,-.toward .various incentive and disincentive measures.' .,-ii-. :.: .:..-~i.- '.~ ..;~ . 24 BAAQMD Trip Reduction RUle Adopted December 16, 1992 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 f. A discussion of the progress achieved to date and an analysis of why thd 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 ranki.'ng responsible official of the employer at the work 'site or each work site when a consolidated plan is submitted that dovers 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 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 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. TheAPCO shall disapprove any plan'that does not meet the above specified approval criteria. An ~mjployer 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 e~n£loyer 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 the APCO oh 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. An employer shall revise and resubmit its Employer Trip Reduction Plan within 90 days of a final determination that. an element of an approved Employer Trip Reduction Plan violates any provision of'law is issued by an agency or coul-t with jurisdiction to make' such determinatibn. BAAQMD Trip Reduction Rule · AdoPted December.. :16;.'3992.: 13.1-409 13-1-500 13-1-501 13-1-600 13-1-601 Appeal of Plan Disapproval: An employer may appeal a plan disapproval made pursuant to Section 13-1-408 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 within thirty (30) days of Plan disapproval. ~ .409.2 The APCO shall notify the Employer Trip Reduction Appeals Committee of the appeal and the Employer Trip Reduction Appeals ;COmmittee will convene to hear the appeal. -, - ' ' 409.3 The Employe~' Trip Reduction Appeals.committee` shall issUe its decision on the appeal within thirty (30) days after the close of the hearing. . 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. MONITORING AND RECORDS Recordkeeping Requirements: Employers must maintain r¢cords and documents as specified in this section. 50t.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 em£Ioyer 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. MANUAL OF PROCEDURES 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 AP'R 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 those employees who start work during'the peak period, all 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 A VR or I/ER. - - ' ',- - ,:,- - 601.4 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 sur~'ey forms not returned from those employees who start work during the peak period shall be' assumed to have the same ,,tVR or VER as that calculated from the responsfis to the surveys 'returned, and one-half shall be counted as single occupant vehicles for purposes of calculating -d VR or BAAQMD Trip Reduction Rule Adopted December 16, 1992 601.5 APR for the work site shall be calculated by dividing the total "employee- days" for the survey week by the total "vehicle trip-days" 'for the survey week. 601.6 I/ER for the work site shall be calculated by dividing the,t0tal "vehicle trip- days" for the survey 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 peakperiod each work day Monday through Friday of the survey week. Each day of the survey week that an employee starts'work during the peak period counts as one employee-day. 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 telecommuting or are off due to'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 t/me-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 ca~ool. 3. ["anpool equals one (1) divided by the number of employees in the vanpool. 4. Motorcycle, moped, motorized scooter, 0r motor bike equal one (1).. 5. Clean-fueled vehicles are counted as follows: a. Electric vehicle equals zero (0). b. Compressed natural gas vehicle equals one-fourth (0.25). c. Propane vehicle equals one-half (0.50).. d. Dual or flexible fueled vehicle equals three-fourths (0.75). 6. The following all equal zero (0) vehicle trip-days: a. Public transit (15us~ light rail, ferry, Caltrain, BART) b. Private buspool ~0r Club bus BAAQMD Trip Reduction Rule Adopted December 16, 1992 13-1-602 601.7 d. Walking and other n0n-motorized transportati0n modes e. Employees telecommuting (0nly 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) g. . Disabled employee vehicles at all times Employers with multiple work sites Within the same zone have the option to average individual work site AVR or VER to demonstrate that the performance objectives are achieved on an ao~gregate 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 weighted A 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 aggegate %'ehicle trip-days" to obtain the weighted AVR 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 V-ER (Site 1) plus the number of peak period employees multiplied by VER (Site 2) divided by the total peak period employees (Sites and 2). - 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 larger work sizes 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 peak,period (6:00 a.m. through 10~00 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 13-1- 602.2(d). Once the sample groap has been selected, the employer is not pet:mitted 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 sample method. 28 BAAQMD Trip Reduction Rule Adopted December 16, 1992 602.2 d. A high response rate is critical to ensure that the random sample produces an accurateAVR or VER for the work site. The employer shouldmake 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 o£ calculating the work site AVR or PER. 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 em121oyees who start work be~'een 6:00 a.m. and 10:00 a.m. N 1 + .0026(N-1) A sample of size "n" based on'this formula should produce anATR or I/~R 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 Emplovees(& Work Site Sample Size 400 to 420 421 to 440 441 to 460 461 to 480 481 to 500 501 to 550 551 to 600 601 to 650 651 to 700 701 to 750 751 to 800 801 to 850 851 to 900 901 to 950 951 to 1000 1001 to 1500 1501 to 2000 2001 to 3000 3001 to 4000 400i to 6000 , 6001.to 10,00_0 .i -,.. > 10,000 29 2OO 2O5 210 214 218 225 235 240 248 255' 260 265 270 274 278 300 ' '320 '340 350' · : -360 - , ..~::-~ 370 ' 380 BAAQMD Trip ReduCtion Rule Adopted December 16, '1992 60-.o do 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 determined, the employer has two options for selecting the sample: ':..- ~ 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 peakperiod). 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 integer. Example: If a work site has 1000 employ'ees who start work during the peak period and the sample size is 278, then the sampling interval equals 1000 dMded 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 1.>1-60_.2(d) will eliminate potential bias that cOuld result from choosing sur,,ey 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 employer 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. BAAQMD Trip Reduction Rule Adopted December.16, 1992 602.4 b. 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 Objec}iv'e Calculation, Reporting, and Recordkeeping: a. A I/'R or VER must be calculated according to the methodology described in Section' 13-1-601. Notwithstanding the provision of Subsection 13-1-601.4, any ~mployee 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 results 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. 31 5.10B.010 Chapter 5.108 TRIP REDUCTION PROGRAM Sections: 5.108.010 5.108.020 5.108.030 5.108.040 5.108.050 5.108.060 5.108.070 Title. Purpose and intent. Definitions. Trip reduction program requirements. Responsibilities of local jurisdictions. Responsibilities of employers. Enforcement. 5.108.010 Title. The ordinance codified in this chapter shall be known as lxhe "City of Dublin Trip Reduction Ordinance" and may be so cited. (Ord. 10-92 § 2 (part)) 5.108.020 Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety and general welfare of city citizens by: 1. Reducing traffic impacts within the city and region by reducing both the num- ber of vetxicular trips and total vehicle miles 'traveled that might othe.~,vise be generated by commuting; 2. Reducing veh/cularemissions, energy usage and ambi&t noise levels by reducing the number of vehicular trips, total vehicle miles traveled, and traffic congestion. B. The intention of this chapter is to reduce the number of Pips and to protect and enhance the air quality in a manner pursuant to and consistenl~ with the State and Federal Clean Air Acts. (Ord. 10-92 § 2 (part)) 216-11 5.108.030 Definitions. "Commute alternatives" means carpooling, vanpooling, transit, bicycling, telecommuting and/or walking as commute modes, and other methods of congestion and pollution mitigation, such as the use of electric cars and the implementation of flexible work schedules. "Commute Alternatives Information Program" means a program to provide information about any reasonable method or approach for providing, supporting, subsi- dizing and/or encouraging the use of com- mute alternatives, including but not limited to matching and placement services for carpools and vanpools; provision of carpool and vanpool vehicles; carpool and vanpool operating subsidies; carpool and vanpool preferential parking locations and/or fees; fees for employee parking; provision of and/or placement services for subscription buses; provision of shuttle services; transit fare subsidies; on-site waiting and loading facilities for transit; travel allowances for bicyclists and pedestrians; on-site paths, parking, and showers and lockers for bicy- clists and pedestrians; guaranteed rides home and guaranteed transportation in emergencies for users of commute alterna- tives; on-site child care and other service convenience facilities which lessen the need for a personal vehicle at the place of em- ployment; telecommuting; and teleconferencing. "Commute Alternatives Program Advi- sor'' means the person employed by the city to manage the program developed under tiffs chapter. "Commute Alternatives Program Appeals Board" means the City Council, or other body designated by the City Council, which shall hear appeals from requirements of tiffs 5.108.030 chapter. "Commute Alternatives Program Coordi- nator'' means the person designated by the employer who is responsible for carrying out employer requirements under this chap- ter and day-to-day administration of the Commute Alternatives Information Program. "Employee" means any person who regu- larly works twenty (20) hours or more per week at a work site and normally travels between six to ten a.m. (6:00-10:00 a.m.) or three to seven p.m. (3:00-7:00 p.m.) and who normally works at least twenty-six (26) weeks per year. Tiffs includes a contract employee. "Employer" means any public or private employer who has a permanent worksite in the city. "Employer" shall not include con- tractors with no permanent place of business in the city, and other businesses with no permanent workplace location. "Jurisdiction" means the city of Dublin. "Program year" means July 1st through .M,qe 30th of the following year. ~ "Worksite" shall mean the place of em- ployment, base of operation, or predominant · .work location of an employee. It includes 'all of the employer's buildings or facilities .loc.qted w~ttfin close proximity of each oth- er. (Ord. 10-92 § 2 (part)) '5.108.040 Trip reduction program : requirements, : A. In the first program year, the require- merits of this chapter shall be applied to all employers of one hundred (100) or more. W_hem, in l:he opinion of the City Manager, a sufficient number of employer coordina- tors in companies of one hundred (100) or more have been trained to carry out em- ployer requirements under this chapter and day-to-day administration of the Commute Alternatives Information Program, this chapter shall be extended to employers of fifty (50) or more. All employers of fifty (50) or more shall be subject to this chapter no later than the third year after enactment of this chapter. B. This chapter may be amended to incorporate Trip Reduction Ordinance Re- quirements to be developed by the BAAQMD. (Ord. 10-92 § 2 (part)) 5.108.050 Responsibilities of local jurisdictions. A. The City Manager shall designate a Commute Alternatives Program Advisor to serve as the point of contact for and provide guidance to employers subject to this chap- ter. The Commute Alternatives Program Advisor shall be responsible for the follow- ing: 1. Provide employers with marketing materials and information about commute alternatives and how commute alternatives can reduce traffic congestion and air pollu- tion; 2. Provide training for employer Com- mute Alternatives Program Coordinators in fulfilling their responsibilities; 3. Collaborate with the CMA in a coun- ty-wide baseline survey of commute pat- terns a_nd u'ansportafion modes between home and work; 4. Develop a program for monitoring and enforcing compliance with th. is chapter. B. The City Council shall act as a Com- mute Alternatives ApPeals Board that will serve as a forum for petitions brought by employers who are found to be in noncom- pliance with ttris chapter. (Ord. 10-92 § 2 (part)) (Dublin 8.-92) 216-12 5.108,060 5.108.060 Responsibilities of employers. Within thirty (30) days of notification by the jurisdiction that it is subject to this chapter, each employer shall: A. Appoint a Commute Alternatives Program Coordinator following notice from the City Manager. The coordinator shall complete a coordinator training course ap- proved by the city's Dkector of Public Works/City Engineer unless it can be dem- onstrated to the Director of Public Works/City Engineer's satisfaction that the coordinator has already completed compara- ble training elsewhere; B. Submit a detailed information cam- paign plan to the jurisdiction at the begin- ning of each progam year. At the end of the year, the employer must verify, to the city that the campaign was carried out; C. Inform all new employees about commute alternatives within two (2) weeks of hiring; D. Develop a Commute Alternatives Information Program to inform ali employ- ees ~nnually of the e:dstence of commute options as defined in the employer's Com- mute Alternatives Information Pro.am. Acceptable forms of communication include letters to each employee, electronic mail, a substantial article in the company newslet- ter, and face-to-face meeting; E. Post or otherwise distribute informa- tion on commute alternatives supplied by the city or the CMA; F. Participate in any county-wide surYey originated by the CMA or the city. Data obtained in employer surveys prior to the CM:P will be incorporated into the county- wide survey by the CMA; G. Implement trip-reduction program; trip re. ductions per employer must be ap- 216-13 proved by the Director of Public Works/ City Engineer of the city. (Ord. t0-92 § 2 (part)) 5.108.070 Enforcement. A. Appeals to the Commute Alternatives Appeals Board. If the Commute Alterna- tive Program Advisor finds that an employ- er has failed to fulfill the requirements of this chapter, the Advisor shall notify the employer within thirty (30) days. The em- ployer may, witNn ten (I0) days of receipt of such notice, file an appeal of this chapter with the Commute Alternatives Appeals Board, stating the grounds for the appeal. Upon receiving an appeal, the Appeals Board shall hear the appeal and render a decision within sixty (60) days. The opinion shall be filed with the employer and Com- ~nute Alternatives Program Advisor. B. Penalties. 1. Civil Assessment. An employer who fails to comply with the provisions of this chapter within ninety (90) days of written notice to comply, shall be liable to the jurisdiction for a civil assessment in the amount of two hundred and fifty dollars ($250) per day for each day of noncompli- ance, commencing wilh Ire ninety-Iirst day following notice. 2. Injunction. In addition to any other remedy which may accrue to the jurisdiction hereunder, the jurisdiction may seek a civil injunction to enforce provisions of this chapter, or any regulation or order promul- gated or issued, or any program approved, pursuant hereto. 3. Operative Date. Enforcement provi- sions shall be effective from and after one (1) year following the effective date of the ordinance codified in this chapter. (Ord. 10- 92 § 2 (part)) (Dublin 8-92)