HomeMy WebLinkAboutOrdinance 295 CERTIFICATION
I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify
that the foregoing is the true and correct original of Ordinance No. 295 adopted
by the Atascadero City Council at a regular meeting thereof held on October 10,
1995 and that it has been duly published pursuant to State Law.
DATED:
Mkt,�, . 1 l ,
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 295
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
ADOPTING TRIP REDUCTION MEASURES IN ACCORDANCE
WITH STATE GOVERNMENT CODE SECTIONS 65089 & 65089.3
WHEREAS, In June 1990 California voters passed Proposition 111 which
increased the gas tax and created Congestion Management Agencies with certain
requirements for receiving increased transportation revenues; and
WHEREAS, The San Luis Obispo Council of Governments (SLOCOG) was
designated the Congestion Management Agency and required to develop a Congestion
Management Program (CMP) including a Trip Reduction and Travel Demand Element;
and
WHEREAS, The Trip Reduction and Travol Demand Element must promote
alternative transportation methods, such as carpools, vanpools, transit bicycles,
walking, park-and-ride lots, parking management programs; and
WHEREAS, The County and every city in the county is required by state law to
adopt a Transportation Demand Management Ordinance as an important element of
the Congestion Management Program to improve both congestion and air quality; and
WHEREAS, SLOCOG must annually determine whether the County and Cities
within the County are conforming to the CMP, including the requirement to adopt and
implement a TDM Ordinance; and
WHEREAS, The adopted CMP for the San Luis Obispo region allows each
jurisdiction to ratify an existing Employer-based Trip Reduction Ordinance adopted by
the Air Pollution Control District (APCD) to comply with the provisions of the
Congestion Management Program; and
WHEREAS, This ordinance is intended to comply with the CMP's requirements
for a TDM Ordinance; and
WHEREAS, The APCD adopted an employer-based trip reduction rule known as
Rule 901 on May 24, 1995; and
WHEREAS, The requirements of the APCD (Rule 901) Trip Reduction Ordinance
are separate from this ordinance, and fully administered by the Air District;
NOW, THEREFORE, The City Council of the City of Atascadero ordains as
follows: The provisions of Rule 901, as adopted by the Air Pollution Control District
Ordinance No. 295
Page 2 of 2
on May 24, 1995, a copy of which is attached hereto and incorporated by reference
as Exhibit A, shall hereby become an ordinance of this jurisdiction.
INTRODUCED AND FIRST READ, at a duly called meeting of the Atascadero
City Council held on September 26 , 1995.
PASSED AND ADOPTED this 10th day of October , 1995 by the following
vote:
AYES: Councilmembers Bewley, Johnson, Luna and Mayor Highland
NOES: Councilman Carden
ABSENT: None
ADOPTED: 10/10/95 CITY OF ATASCADERO
ATTEST:,
-dEOR4 P. HIGAL ND, Mayor
LEE PRFCE, City Clerk
:, APPRGVED AS TO FORM:
all,.zq 3%,P; , 4 -
AR HER R. NTA DON, City Attorney
ORDINANCE NO. 292,
EXHIBIT "A"
RULE 901. COMMUTE ALTERNATIVES RULE
A. PURPOSE
The purpose of this rule is to improve ambient air quality by reducing air pollutant emissions that result
from employee commute trips,and trips attracted to worksites with 100 or more employees.
B. APPLICABILITY
The rule applies to all public and private employers with 100 or more employees. The effective dates
for determining progress toward achieving average vehicle ridership (AVR) goals are given in Table
1:
TABLE 1
Action: Employers of 1.00 or More_
Employees i
Conduct baseline AVR survey 1995
Demonstrate 1.25 AVR 1997
Demonstrate 1.33 AVR 1998
Demonstrate 1.41 AVR 1999
Demonstrate 1.50 AVR 2000
C. DEFINITIONS
For the purpose of this Rule,the following definitions apply:
AIR POLLUTION CONTROL OFFICER(APCD): The Air Pollution Control Officer of the San Luis I
Obispo County Air Pollution Control District(District)or the designee thereof.
APCD HEARING BOARD: Five member Board appointed by the Air Pollution Control Board of San
Luis Obispo County pursuant to Division 26, Part 1,Chapter 8, Article 1, of the California Health and
`Safety Code with the powers and duties prescribed for Hearing Boards in Chapter 8, Division 26, of
the California Health and Safety Code.
APPLICABLE EMPLOYEE POPULATION: The applicable employee population is all employees who
report to a worksite weekdays between 6:00 a.m. and 10:00 a.m. and all employees who are
telecommuting (i.e. working from home or a telecommuting center) or who have a scheduled day off ,
during the week as part of a compressed work week schedule.
AVERAGE VEHICLE RIDERSHIP CALCULATIONS: AVR for worksite(s) shall be calculated by
dividing the number of employee days summed over the survey week by the number of vehicle trips
summed over the survey week.
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ORDINANCE NO. 295
EXHIBIT "A"
ATTRACTED VEHICLE TRIP: Any vehicle trip,other than an employee vehicle trip, attracted to the
site by the nature of that site's business. These may include: shopping, medical, business meetings,
church, etc.
BUSPOOL: A vehicle occupied by sixteen (16) or more people traveling together between their
residence and their worksite or other destination. Employees who work for different employers, as well
as non-employed people, are included within this definition.
CARPOOL: A vehicle occupied by two(2)to six(6)people traveling together between their residence
and their worksite or other destination. Employees who work for different employers, as well non-
employed people, are included within this definition.
COMMUTE ALTERNATIVES: Rideshare modes and other trip reduction options for reducing
employee commute trips, including, but not limited to: carpools, vanpools, public transit, buspools,
commuter shuttle, bicycling, walking, compressed work weeks,telecommuting, or other alternatives as i
approved by the APCO.
COMMUTE TRIP: The trip made by an employee from home to the work site. The commute trip may
include stops between home and the worksite.
COMPRESSED WORK WEEK: A regular full-time work schedule that eliminates at least one round-
trip commute trip(both home-to-work and work-to-home)at least once every two(2) weeks. Examples
include, but are not limited to, working three twelve hour days (3/36) or four ten-hour days (4/40)
within a one week period; or eight nine-hour days and one eight hour day (9/80) within a two week
period.
DISABLED EMPLOYEE: An employee with a physical impairment that prevents the employee from
traveling to the work site by means other that a single-occupant vehicle, and who has been issued a
disabled person placard or plate from the Department of Motor Vehicles:
EMPLOYEE: Any person employed by a person(s), firm, business, educational institution, non-profit
agency, or corporation, government or other entity. The term excludes the following as defined else
where in this rule: seasonal employees; temporary employees; volunteers; field personnel; and field
construction workers.
EMPLOYEE DAY: Each day of the survey week that an employee starts to work during the peak
period. Notes: Employees telecommuting or who are off due to a compressed work week schedule
are counted toward the total employee days. Employees on vacation, sick leave, jury duty, or other
time off, and employees reporting to a different worksite or an off-site work related activity are not
counted toward the total employee days.
EMPLOYEE TRANSPORTATION COORDINATOR(ETC): An employee, other individual, or entity,
appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction
Plan on a full or part time basis.
EMPLOYER: Employer means any person(s), firm, business, educational institution, government
agency, non-profit agency or corporation, or other entity that employs persons. Several subsidiaries or
units that occupy the same worksite and report to a common governing board or governing entity or
that function as one corporate unit are considered to be one employer.
San Nis Obispo County APCD 2 Proposed Rule 901 (3-29-95)
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ORDINANCE,NO. 295 j
EXHIBIT "A"
1. AVR survey and calculation services
2. trip deduction plan development, implementation,marketing and administration
3. emergency/guaranteed ride home service
4. vanpool program
5. carpool matching service
6. incentive program
7., trip reduction plan library
8. child-care or child-care referral services
9. any other services the members may designate
TRANSPORTATION MANAGEMENT ORGANIZATION (TMO): A TMO is a for profit, private
enterprise providing all of the services included in the TMA definition above. A TMO would not be
confined to a single geographic area but could solicit business throughout the county and could do
business with one employer or a group of employers in an area.
TRIP REDUCTION PLAN (TRP): A TRP is a document submitted to the APCO for review and
approval which details trip reduction options and supporting strategies,the implementation schedule and
budget the employer will use to achieve the reduction in single occupant vehicle trips required to meet
the AVR goals established by the District.
VANPOOL: A vehicle occupied by seven (7) to fifteen (15) people traveling together between their
residence and their worksite or destination for the majority of the total trip distance. Employees who
work for different employers, as well as non-employed people are included within this definition as long
as they are in the vehicle for the majority of the total trip distance.
VEHICLE/EMPLOYEE RATIO(VER): VER is the number of vehicles used by employees who report
to the work site from 6:00 a.m. to 10:00 a.m., Monday through Friday, divided by the number of those
employees averaged over the survey week, as calculated from data gathered from the AVR Survey.
VER is the reciprocal of AVR. The District will accept AVR calculated by this method.
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VEHICLE TRIP: A vehicle trip is based on the means of transportation used for the greatest distance
of an employee's home-to-work commute trip for employees who start work during the peak period.
Each vehicle trip to the worksite shall be calculated as shown in Table 2:
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EXHIBIT "A"
FIELD AGRICULTURAL WORKER: An employee who reports for work to a temporary field
agricultural site.
FIELD CONSTRUCTION WORKER: An employee who reports directly to work at a construction
site. -
FIELD PERSONNEL: Employees who spend 20%or less of their work time at the work site and who
do not report to the work site during the peak period for pick-up and dispatch of an employer-provided
vehicle.
I14DEPENDENT 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.
MULTI-SITE EMPLOYER: Any affected employer who has more than one worksite where at least
50 or more employees report.
MULTI-TENANT WORKSITE: Any commercial building, industrial park, shopping center, or mixed
use development whether in separate or common ownership, which contains more than one employer
as determined by the APCO.
NOTICE TO REGISTER: A notice, sent by the District to all employers that have been identified as
potentially subject to this rule. The notice will request information that will allow the District to j
determine if the employer will be required to comply with this rule.
PEAK PERIOD: 6:00 A.M. through 10:00 a.m., Monday through Friday, inclusive.
RIDESHARING: A cooperative effort of two or more people traveling together for the purpose of
eliminating a vehicle trip. Utilization of carpools, vanpools, buspools, taxipools, and public
transportation are all forms of ridesharing.
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SEASONAL EMPLOYEE: A person who is employed for less than a continuous.ninety (90) day
period.
TELECOMMUTING: A system of working at home, off site, or at a telecommuting center, for a full
workday that eliminates the trip to work or reduces travel distance by 50%or more.
TEMPORARY EMPLOYEE: Any person employed for less than 90 days, or by an employment
service that reports to a worksite other than the employment service worksite under a contractual
arrangement with the temporary employer. 1
TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A TMA provides commute
alternatives program support or management to its members. TMA's generally operate within a defined
geographic area(industrial park, multi-tenant office building, central business district, shopping center,
etc.). TMA's operate as not-for-profit associations and are cooperatively managed by the members,
managed by a director appointed by the association members, or, at a multi-tenant worksite, may be {
managed by on-site building management. After receiving APCO approval, a TMA may be permitted
to represent its members in the development and implementation of a trip reduction plan. Members
may be allowed full or partial trip reduction credit for purchasing services from the TMA/TMO, upon
approval of the APCO. A partial list of services a TMA may offer includes:
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ORDINANCE NO. 295
EXHIBIT "A..
Table 2
TRIS MQD> h'UMBEII�QF MEHICLE,TRIPS: l
P.
C( LTNTD
Single-occupant vehicle 1 vehicle trip
Motorcycle,moped,motorized scooter,or 1 vehicle trip
motor bike
Carpool 1 vehicle trip divided by the number of
people in the carpool
Vanpool 1 vehicle trip divided by the number of
people in the vanpool
Public Transit 0 vehicle trip
Buspool 0 vehicle trip f
Walking and other non-motorized 0 vehicle trip
transportation modes
Telecommuting 0 vehicle trip on days employee
telecommutes for the entire day
Compressed Work Schedule 0 vehicle trip on employee's compressed
day(s)off
Zero Emission Vehicle(ZEV) 0 vehicle trip
VOLUNTEER: A person who does not receive any wages for work activity at the work site.
WORKSITE: A structure, building, portion of a building, or grouping of buildings that are in actual
physical contact or separated solely by a private or public roadway or other private or public right-of-
way, and that are occupied by the same employer.
WORKSITE EMPLOYEE THRESHOLD: 100 employees at a single worksite, on an average daily
basis, for a 90-day period provided at least 50 employees are normally scheduled to report to the
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worksite on a daily basis during the peak commute period.
D. ADMIlYISTRA.TIVE REQUIREMENTS
Requirements for All Employers of 100 or More Employees
All employers of 100 or more employees shall comply with the following minimum
administrative requirements:
a. Respond to the Notice to Register which shall be sent or delivered to the employer,
provide all information requested, and return that information within 20 business.days
of receiving the Notice.
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ORDINANCE NO. 295
EXHIBIT "A"
All employers of 100 or more employees with 50 or more employees reporting to the worksite
within the peak period must also complete the following requirements:
b. Appoint an employee to act as Employee Transportation Coordinator (ETC). That
employee will and send that employee to District sponsored ETC training.
C. Conduct an annual Average Vehicle Ridership (AVR) survey in accordance with the
schedule in Table 1. (Surveys are to be conducted using the methodologies described
in Section G below and the results submitted to the District for review.)
Requirements for Employers Who Achieve AVR Targets in Table 1
Employers who achieve the applicable AVR target shown in Table 1 shall be notified by the
District that they have no additional requirements, beyond maintenance of their existing
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program, until the next scheduled AVR survey.
Requirements for Employers Who Fail to Achieve AVR Targets in Table 1
Employers who fail to meet the applicable AVR targets in Table 1 will be required to develop
a trip reduction plan designed to achieve the AVR target for the upcoming year, and submit the
plan to the District for review and approval. Trip reduction plans shall be prepared according
to the following process:
J
a. After the District reviews the AVR survey results, affected employers will receive a
Plan Preparation Notice stating the requirement to prepare and submit a trip reduction
plan to the District.
b. Employers shall develop and submit the plan to the District within 90 days of the date
of receipt of the Plan Preparation Notice. Plan forms will be provided by the District.
C. The District will evaluate the plan based on its consistency with employee responses
to the AVR survey, financial commitment to implementing appropriate supporting
strategies, and staff commitment to marketing the trip plan to employees. j
d. The employer shall implement all trip reduction options and supporting strategies
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committed to in the approved trip reduction plan.
e. The employer shall conduct the next scheduled AVR survey as shown in Table 1 and
submit the results to the District for review.
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E. VOLUNTARY PARTICIPATION PROGRAM
This rule applies to all employers of 100 or more employees. However, all of the supporting services,
training,and materials associated with this rule are applicable and available to employers of fewer than
100 employees,as well as multi-tenant worksites and other types of development. To encourage
voluntary participation in the program by smaller. employers, multi-tenant worksites, and other
employment situations the District will implement the following:
1. Develop outreach programs to encourage employers of fewer than 100 employees, and multi-
tenant worksites, to participate in the annual AVR survey, and develop a commute alternatives
program.
2. Provide ETC training, AVR survey processing, consultation on program development, and
participation in the District's ETC network will be offered at no charge to all participants.
3. Encourage participation in the trip trading program described in Section F.
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EXHIBIT ..A..
4. Work cooperatively with TMA's and the Rideshare Office to provide a broader base of
assistance to employers in developing and implementing an effective program.
F. TRIP TRADING MARKET
The District will develop a program which allows-Trip Reduction Credits (TRCs) to be earned by
businesses that have exceeded the applicable AVR goal. Employers not affected by this rule may
participate in the TRC program, provided they comply with all the requirements for affected employers
listed below.
1. Businesses can apply for, and earn, one TRC for each trip reduced beyond those required to
achieve the applicable AVR goal. Each TRC will have a life span of one year from the date
the APCD issues the TRC Certificate.
2. Businesses of 100 or more employees, that purchase TRCs,can use them on a 1-for-1 basis to
lower the number of employee commute trips they would otherwise have to reduce to achieve
their applicable AVR goal for a given year.
3. TRCs issued by the District can be bought and sold on an open market by all participants in I
the Commute Alternatives Program, but all transactions, as described in Section F.2, must be
approved by the District.
TRC Applicant Responsibilities:
i
a. The Applicant must conduct a Verifiable AVR Survey as described in Section C
(Definitions). The AVR survey methodology used by the Applicant must be verified j
by the APCD. The number of TRCs earned by the Applicant will be determined by
the APCD through review of the verified-survey results.-
b,
esults.b. Any employer requesting to bank TRCs earned shall enter into an agreement with the
APCD to maintain its Commute Alternative Program for the life of the TRC. If the
employer terminates the Commute Alternative program prior to the expiration date of
the earned TRCs, said TRCs shall cease to have value. The employer shall reimburse
all purchasers of said TRCs the pro-rated purchase price of the voided TRCs,and the
TRCs will be cancelled.
C. Employers with less than 100 employees who voluntarily participate in the Commute
Alternatives Program and who earn and sell TRCs, shall comply with all program
requirements as they apply to regulated employers.
TRC Purchaser's Responsibilities:
a. Employers who do not meet the applicable AVR goal (as shown in Table 1) may
purchase.TRCs to offset all or part of the trip reduction strategies they would otherwise
have to implement to reach their AVR target. The Buyer's Commute Alternatives Plan
must provide details on the amount of the TRCs purchased, the seller, the life span of
the TRCs,and whatever supplemental strategies, if any, are to be implemented by the
buyer. The Buyer shall maintain the approved program for the life of the TRCs
purchased.
b. An employer who has purchased TRCs from a company that discontinues its CAR
program prior to the expiration date of the TRCs,shall be notified by the APCD that
such TRCs are null and void. Within 30 days of receiving such notice, the Buyer shall
consult with APCD staff to determine if additional trip reduction options and
San Luis Obispo County APCD 7 Proposed Rule 901 (3-29-95)
ORDINANCE NO. 295
1
EXHIBIT "A"
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supporting strategies must be implemented to meet the applicable AVR target. The
buyer shall be reimbursed by the seller the pro-rated amount of purchase for voided
TRCs. a
APCD's Responsibilities: t
a
APCD will be responsible for general oversight of the Trip Trading Market, including
determination of credits earned and banked by applicants for TRCs.
a. The APCD will act as "banker" for the Commute Trip Trading Market, tracking TRC's
as they are earned, sold/bought, expended or expired.
b. The APCD shall receive and maintain records of all TRC transactions, including
issuance of the TRC Certificates for each transaction.
C. The APCD shall publish a list each quarter of TRCs bought and sold the previous
quarter, and the amount of TRCs still available on the open market.
d. APCD will provide TRC Applicants and Buyers with technical expertise in all phases
of the Commute Trip Trading Market.
G. SURVEY REPORTING REQUIREMENTS
Employers must conduct an annual, verifiable Average Vehicle Ridership Survey to establish whether
the performance objectives stated in Table 1 have been achieved. The employee AVR Survey must
be conducted not more than 120 days prior to the applicable survey or plan submittal deadline, but must
be completed at least 60 days prior to the deadline. To the extent possible, surveying should not be
conducted during the period from mid-June to mid-September, during Rideshare Week, or during the
period between Thanksgiving and New Years Day:
AVR for the worksite(s) shall be calculated by dividing the number of employee days summed over
the survey week by the number of vehicle trips summed over the survey week. The AVR calculation
requires that a five-consecutive-weekday average be used. An averaging period shall be selected which
does not contain a holiday. The sum of the applicable employee population each weekday in the
selected averaging period is divided by the total number of vehicles driven by these employees to the
worksite during the same averaging period. Employers with multiple worksites may, after receiving
approval from the APCD, opt to calculate AVR as a combined average of the AVR of each worksite.
In exercising this option the employer must insure that the criteria for conducting the Verifiable AVR
Survey is met.
The AVR survey will utilize a survey control sheet which identifies: all employees who report within
the survey window; all employees who received a survey form; all employees who returned a survey
form; and,an explanation for each survey form not returned. This data will be used to verify employee
participation and survey response rate.
In submitting the results of the completed survey to the District within the required time frame, the
Employer shall identify the sampling method used (Applicable Employee Population or Random
Sample) and provide a tally showing the survey response rate, including the number of surveys
distributed, the number of surveys completed and returned,and the number of non-respondents. Both
the Applicable Employee Population Survey, and Random Sample Survey methodologies prepared by
the APCO, and described in detail in the Employee Transportation Coordinator(ETC) Handbook.
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ORDINANCE NO. 295
EXHIBIT °A"
H. RECORDKEEPING
Employers affected by this rule shall maintain and retain records, files and documentation to establish
compliance. Retention of such documentation shall occur for not less than three(3)years from the date
of initial Notice to Register date, or the adoption date of the most current trip reduction plan. This
documentation shall be made available for audit and inspection as described in Section I(Audits).
I. AUDITS
The District may audit the records of any regulated employer, or business selling and/or buying trips
on the Trip Trading Market, to verify employment, AVR, plan implementation or provision of any
measure in an approved plan.
J. DELEGA'T'ION TO LOCAL JURISDICTIONS
Rule 901 may be implemented by employers and at multi-tenant worksites through a locally adopted
commute alternatives ordinance. Local jurisdictions may be delegated responsibility for implementation
of this rule by the APCO if the following criteria are met:
1. The local jurisdiction submits a plan to the APCO that demonstrates adequate resources to
adopt, implement,monitor,and enforce an employer-based commute alternatives ordinance, and
the District approves the plan.
2. The local jurisdiction adopts a commute alternatives ordinance that includes,at a minimum, all
provisions contained in this rule.
3. The local jurisdiction's commute alternatives ordinance includes-provisions to submit annual
progress reports to the APCO containing the following information:
a. list of employers, multi-tenant worksites, and others subject to the local ordinance.
b. summary of results of all AVR surveys.
C. number of employer plans required and the number of plans approved/disapproved. I
d. total costs of program and average cost per employee. I
e. number and type of enforcement actions during preceding year. f
f anticipated program modifications for the coming year.
A local jurisdiction, in lieu of meeting the above requirements, may provide a demonstration that the
final year 2000 performance objectives are currently achieved on an aggregate basis for all applicable
work sites within its jurisdiction. Such demonstration must utilize methodology approved by the APCO
and a commitment and plan to repeat the demonstration once every three(3)years.
Failure of the local jurisdiction to comply with the requirements of this section may result in
suspension, or revocation of District delegated authority.
K. EXEMPTIONS
Any employer subject to a local ordinance which requires the provision of trip reduction measures by
that employer is eligible for exemption from the requirements of this Rule.
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1. The APCO shall determine if the requirements of a local ordinance are at least as effective as
this rule in increasing AVR at the employer's worksite, and shall notify employers in the
jurisdictions in which such ordinances have been adopted.
2. In the event that the local ordinance under which the employer qualified for exemption is
amended so that it is no longer as effective as this Rule in increasing AVR, or in the event that
the local ordinance under which the employer qualified for the exemption is rescinded, the
exemption is void. The APCO shall notify the employer that the exemption is void and the
employer must submit a plan to the APCO which meets the requirements of this rule within 120
calendar days of the date of receipt of the notification of the voided exemption.
L. ALTERNATIVE COMPLIANCE OPTION
At the option of the employer, the Commute Alternatives Plan may include an alternative emission
reduction program that demonstrates that the measures included in such program will achieve emission
reductions equal to or greater than those that would have been realized if the performance objectives
were achieved, and that these alternative measures are not required by any other federal, State, or local
control measure or regulatory requirement. Such an alternative emission reduction program shall
include an update or progress monitoring report to be submitted at least every two years.
M. COMPLIANCE CRITERIA
If the employer complies with all provisions of Rule 901, and fully implements all measures of an
approved commute alternatives plan, and still fails to meet the AVR targets in Table 1, such failure is
not a violation of this Rule. District staff will provide assistance and expertise to affected employers
on program development, administration, and monitoring. The focus of District support will be on
corrective action and prevention of potential non-compliance situations to help employers remain in
compliance with this rule. There will be six separate and distinct criteria for judging compliance with
this rule:
1. Timely and accurate response to the Notice to Register and Notice of Plan Preparation.
2. Appointment of an Employee Transportation Coordinator or an APCO-approved alternate.
3. Conducting an annual, verifiable AVR Survey to monitor progress toward the applicable AVR
target, and submitting the results to the APCO within the required time frame.
4. Full implementation of all trip reduction options and strategies described in the approved
commute alternatives plan(if applicable).
5. Making available for audit and/or inspection by the APCO or his designee, upon request,
evidence or supporting documentation pertaining to all trip reduction options and supporting
strategies and activities implemented at a given worksite.
6. Timely reporting of all required information to the APCO.
N. VIOLATION
Failure to comply with any provision of this rule constitutes a violation of this rule, except if the
employer complies with all applicable requirements and fails to meet the AVR performance objective,
such failure shall not constitute a violation. Employers of fewer than 100 employees, who participate
voluntarily in the Commute Alternatives Program, and who do not intend to sell TRC's on the Trip
Trading Market,are exempt the provisions of this rule.
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O. PENALTIES
Facilities found to be not in compliance with this rule will be given the opportunity to come into
compliance before issuance of a Notice of Violation(NOV)or other enforcement action by the District.
When it is determined that a business is in non-compliance,a letter from the APCO will be sent to the
employer describing the deficiency,suggested corrective action to be taken, and recommended measures
to prevent further occurrences. The employer will have thirty (30) days from receipt of the letter to a
respond in writing describing the circumstances of the situation, that the deficiency has been corrected,
or to describe any extenuating circumstances preventing correction of the deficiency. If the deficiency
remains after the prescribed time period, and if agreement on appropriate action has not been reached,
a Notice of Violation may be issued. If an NOV is issued for a deficiency, then the Penalty Schedule
shall apply.
P. FEES
t
There will be no filing fees for the initial submission and APCD review of Commute Alternatives Plans.
There will also be no fee for resubmitting a plan that has been revised to reflect District comments on
the initial submission. There will be a $200.00 filing fee charged for each subsequent resubmittal
required if the first revision to the trip reduction plan is disapproved by the District.
Q. EMPLOYEE NOTIFICATION
An employer shall facilitate the participation of employees and employee organizations in the
development and implementation of Commute Alternatives Programs by providing the following
information to its employees at the times specified below:
1. Information explaining the requirements and applicability of this rule to the employer and its
worksite(s) within 30 days of responding to the Notice to Register. This information will be j
provided by the APCO as part of the Notice To Register packet. s
2. The content of the proposed commute options, supporting strategies, and implementation i
schedule of the Commute Alternatives Plan, if required, at least 30 calendar days prior
submitting the Plan to the APCO.
3. Identification of the Employee Transportation Coordinator(ETC)and/or the Employer Program
Manager within the organization to whom comments and suggestions can be submitted and
questions addressed.
4. Notification may be provided through employee bulletins, notices posted on bulletin boards,
articles in any newsletter generally circulated or provided to employees, or any other reasonable '
means to assure that employees have adequate opportunity for input in the development of the
commute alternatives options and strategies, and are informed about the full range of such
options and strategies available at the worksite.
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7
R. COLLECTIVE BARGAINING DISCLAIMER
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Nothing contained in this rule shall be construed to abrogate any existing collective bargaining
agreement(s) between the employer and employees.
San Luis Obispo County APCD Proposed Rade 901 (3-2 -95)
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