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O 470 C.S. .321 ORDINANCE NO. 470 c.s. AN ORDINANCE OF THE CITY OF ARROYO GRANDE ADOPTING TRIP REDUCTION AND J'RA VEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 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 Travel 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 Trip Reduction and Travel Demand Ordinance as an important element of the CMP 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 Trip Reduction and Travel Demand 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 CMP; and, WHEREAS, this ordinance is intended to comply with the CMP's requirements for a Trip Reduction and Travel Demand 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 Arroyo Grande ordains as follows: The provisions of Rule 901, as adopted by the Air Pollution Control District 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 City Council October 24, 1995. f.... I...:: r:' ~~:~ !:,-. <~ i. ..:; t,-... '-- 01UJ 1 NANCt; blU. 4/U C.b. 322 On motion of Council Member Lady , seconded by Council Member Brandy , and by the following roll call vote, to wIt: AYES: Council Members Lady, Brandy, Souza and Mayor Dougall NOES: Council Member Fuller ABSENT: None the foregoing Ordinance w~s adopted this 14thday of November, 1995. / , ATTEST: , , , , .... , ~.". ! \...J APPROVED AS TO CONTENT: KDKU L. rlu~~ ROBERT L. HUNT, CITY MANAGER ATTORNEY I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Califorriia, do hereby certify, under penalty of perjury, that the foregoing Ordinance No. 470 C.S. is a tnle, full and correct copy of said Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 14th day of November, 1995. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1 6 ttday of November , 1995. ~a.~ ( , I , ; I . NANCY A. VIS, CITY CLERK I , '- .. . 'ORDINANCE NO. 470 C.S. 0 323 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 trom 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 detennining progress toward achieving average vehicle ridership (A VR) goals are given in Table I .": 1: , . . , . ; ">; j.". :.: TABLE 1 '. .. ~ . ~ \....J ,.....~~~~II_j~ Conduct baseline A VR survey 1995 Demonstrate 1.25 A VR 1997 Demonstrate 1.33 A VR 1998 Demonstrate I.41 A VR , , 1999 , . Demonstrate 1.50 A VR 2000 C. DEFINITIONS For the purpose of this Rule, the following definitions apply: AIR POLLUDON CONTROL OFFICER (APCO): The Air Pollution Control Officer of the San Luis 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 th~ 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. wOfking from home or a telecommuting center) or who have a scheduled day off during the week as part of a compressed work week schedule. r::::, AVERAGE VEIDCLE RIDERSIDP CALCULATIONS: A VR for worksite(s) shall be calculated by 'j::::::; dividing the number of employee days summed over the survey week by the number of vehicle trips 1-. ..~.:; summed over the survey week. t '."; ( ':."; I ::: I '-.':~'. t:.::::! San Luis Obispo County APCD I Proposed Rule 901 (3-29-95) .......:. 324 A TfRACfED 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 weII 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,i commuter shuttle, bicycling, walking, compressed work weeks, telecommuting, or other alternatives as ; , approved by the APCO. ., , , coMMUiE lRIP: The trip made by an employee from home to the work site. The commute trip may '-- include stops, between home and the worksite. COl\1PRESSED WORK WEEK: Aregular 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 follo~ing 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~otal employee days. " E1v1PLOYEE TRANSPORTATION COORDfNATOR(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 Luis Obispo County APCD 2 Proposed Rul.e 901 (3-29-95).... . 470 C.S. ~25 ORDINANCE NO. 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. INDEPENDENT CONTRACfOR: An individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the conu-act or agreement is at least ninety (90) continuous days, or is ope~-ended. '. J MULTI-SITE EMPLOYER: Any affected employer who has more than one worksite where at least , 50 or more employees report. '-...' MUL11.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 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. RIDESHARlNG: 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. 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 wor~ 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 servi~e worksite under a contractual arrangement with the.~emporary employer. TRANSPORTATION MANAGEMENT ASSOCIATION rrMA): 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 reductiorJ credit for purchasing services from the TMAffMO, upon i. . '''." I,', .... t..:. .'. approval of the APCO. A partial list of services a TMA may offer includes: '. . r" '. f.-"-'- ::~ ~~:: :} --' San Luis Obispo County APCD Proposed Rule 901 3 (3-29-95) 326 1. A VR survey and calculation services 2. trip reduction plan development, implementation, marketing and administration 3. emergency/g~aranteed ride nome 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 (1MO): A TMO is a for profit, private enterprise providing all of the services included in the 1MA definition above. A TMO would not be confined to a single geographic area but could SQlicit business throughout the county and could do business with one employer or _group of employers in an area. J I , TRIP REDUCTION PLAN (TRP): A TRP is a document submitted to the APCO for review and 1 approval which details trip reduction options and supporting strategies, the implementation schedule and i . budget the employer will use to achieve the reduction. in single occupant vehicle trips required to meet . the A VR goals established by the District. V ANPOOL: 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 ofthe total trip distance. VEHICLE/E.MPLOYEE 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 A VR Survey. VER is the reciprocal of A YR. The District will acc;ept A VR calculated by this method. VEIDCLE TRIP: A vehicle trip is based on the means oftransportation used for the greatest distance of an employee's home-to-workcommute trip for employees who start work du~ng the peak. period. Each vehicle trip to the worksite shall be calculated as shown in TaMe 2: . , . . u ' . , . r I I . ! San Luis Obispo County APCD 4 Proposed Rule 901 (3-29-95) . ORDINANCE NO. 470 C.S. 327 Table 2 ~r~"E~1frI .~~. ::~lf~"1 "I~1i~.:: .", '.. .;,~ql;!;~~H~:' .f~', ..""~_ ':' .,_. -. ". .'"~>~ ~"~,,;t'" , -. -~ .J...;." ., 'itt"f'jj:' ..~'"' . ..' '6.D~' "'~." -!J::~ '. ".-::-.- ,""- ,.... ......i--~:... . ....... - .~.~. .....:. . _' '.~ . _ _ _ ."., " . ;a,..;;i,; __, " ..... ..:.. . ___, ,.-fJ.:_' ..." Single-occupant vehicle 1 vehicle trip . . Motorcycle, moped, motorized scooter, or 1 vehicle trip . motor bike I Carpool 1 vehicle trip divided by the number of I people in the carp~ol Vanpool 1 vehicle trip divided by the number of people in the vanpool Public Transit o vehicle trip '-' Buspool o vehicle trip Walking and other non-motorized () vehicle trip transportation modes Telecommuting o vehicle trip on days employee telecommutes for the entire day Compressed Work Schedule o vehicle trip on employee's compressed day(s) off '. Zero Emission Vehicle (ZEV) o 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 buiIdtngs 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: JOO employees at a single worksite, on an average daily basis, for a 90-day period provided at least 50 employees are nonnalIy scheduled to report to the worksite on a daily basis during the peak commute period. D. ADMINISTRATIVE REOUlREMENTS Requirements for All Emoloyers of 100 or More Emoloyees 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 infonnation requested, and return that infonnation within 20 business days I: .:: of receiving the Notice. ,.. .. i:._.:. ~.... ~.:! , . : . ..! .~.. San Luis ObisTJO County APCD Proposed RuLe 901 5 (3~29-95) 328 . 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 BTC training. 'c. Conduct an annual Average Vehicle Ridership (A VR) 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 Emoloyers Who Achieve A VR Targets in Table 1 Employers who achieve the applicable A VR target shown in Table 1 shall be notified by the District that they have no additional requirements, b.eyond maintenance of their existing program, until the next scheduled A VR survey. i , , Requirements for Emoloyers Who Fail to Achieve A VR Tar2ets in Table 1 1 ::J Employers who fail to meet the applicable A VR targets in Table 1 will be required to develop a trip reduction plan designed to achieve the A VR target for the upcoming year, and submit the plan to the District for review and approval. Trip reduction plans shall be prepared according to the following process: a. After the District reviews the A VR 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 ofthe date of receipt of the Plan Preparation Notice. Plan fonns wi1l be provided by the District. c. The District will evaluate the plan based on its consistency' with employee responses to the A VR survey, financial commitment to implementing appropriate supporting strategies, and staff commitment to marketing the trip plan to employees. d. The employer shall implement aH trip reduction options and supporting strategies committed to in the approved trip reduction plan. e. The employer shall conduct the next scheduled A VR survey as shown in Table 1 and submit the results to the District for review. E. VOLUNTARY PARTICIPATION PROGRAM . This rule applies to all employers of 100 or more employees. However, all of the supporting services, training, and materials associated with this rule are applicable and available to employers of fewer than 100 employees, as w-ell 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: t. Develop outreach programs to encourage employers of fewer than 100 employees, and multi- tenant worksites, to participate in the annual A VR survey, and develop a commute alternatives program. 2. Provide ETC training, A VR 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. San Luis Obispo County APCD 6 Proposed Rule 901 (3-29-95) ~ ORDINANCE NO. 470 c.s. 329 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 A VR 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 A VR 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 ort a I-for-l basis to " lower the number of employee commute trips they would otherwise have to reduce to achieve .,-' their applicable A VR goal for a given year. 3. TRCs issued by the District can be bought and sold on an open market by all participants in the Commute Alternatives Program, but all transactions, as described in Section F.2, must be approved by the District. TRC Applicant Responsibilities: a. The Applicant must conduct a Verifiable AVR Survey as described in Section C (Definitions). The A VR survey methodology used by the Applicant must be verified by the APCD. The number of TRCs earned by the Applicant will be detennined by the APCD through review of the verified survey results: b. Any employer requesting to bank TRCs earned shall enter into an agreement with the APCD to maintain its Commute Alternative Program for the life of the TRC. If the employer tenninates 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. Empl<;>yers who do not meet the applicable A VR 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 A VR tatget. 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 f. , .: .~ 1.:....-. 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 ':. .oj :', .::~ ~ ,':'. ..~~ C. : o. .~ -' San Luis Obispo County APCD 7 Proposed RIlle 901 (3-29-95) 330 supporting strategies must be implemented to meet the applicable A VR target. The buyer shall be reimbursed by the seller the pro-rated amount of purchase for voided TRCs. APCD's ResDonsibilities: 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, soldlbought, expended or expired. b. The APCD shall receive and maintain records of aU 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{j quarter, and the amount ofTRCs still available on the open market i . d. APCD will provide TRC Applicants and Buyers with technical expertise in all phases: .I of the Commute Trip Trading Market. \J G. SURVEY REPORTING REOUIREl\1ENTS Employers must conduct an annual, verifiable Average Vehicle Ridership Survey to establish whether the performance' o~jectives stated in Table 1 have been achieved. The employee A VR Survey must be conducted not more than 120 days prior to the applicable surveyor plan submittal deadline, but must be completed at least 60 days prior t~ the deadline. To the extent possible, surveying should not be conducted during the period from mid-June to mid-September, d~ring Rideshare Week,.or during the period between Thanksgiving and New Years Day. A VR 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 A VR calculation requires that a five-consecutive-weekday average be used. An averaging period shall be selected which does not contain a holiday. The sum of the applicable employee population each weekday in the selected averaging period is divided by the total number of vehicles driven by these employees to the worksite during the same averaging period. Employers with multiple worksites may, after receiving approval from the APCO, opt to calculate A VR as a combined average of the A VR of each worksite. In exercising this option the employer must insure that the criteria for conducting the Verifiable A VR Survey is met. The A VR survey will utilize a survey control sheet which identifies: all employees who report within the survey window; .~II employees who received a survey form; all employees who returned a survey form; and, an explanation for each survey fonn 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 surv.eys 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. ( I , I 1. f I ~nJ1 T"i (' nhi.<:nn COll1ttv APCD 8 Proposed Rule 901 (3-29-95)- . ORDINANCE NO. 470 c.s. 331 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 trom the date of initial Notice to Register date, or the adoption date of the most current trip reduction plan. This documentatioQ shall be made available for audit artd inspection as described in Section I (Audits). ~ '. ,Of '":'." ." .... . . .. ..0. 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, A YR, plan implementation or provision of any measure in an approved plan. I DELEGATION TO LOCAL JURISDICTIONS. : '1 J. f ,.... ',. ~ 'J' Rule 90 I may be implemented by employers and at multi-tenant worksites through a locally adopted commute alternatives ordinance. Local jurisdictions may be delegate~ responsibility for implementation of this rule by the APCO if the foHowing 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. . :1 i .'. .. :.. . .. .", 3. The local jurisdiction's commute altern~tives 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 A VR surveys. c. number of employer plans required and the number of plans appro:ved/disapproved. d. total costs of program and average cost per employee. e. number a'nd type of enforcement actions during preceding year. f. anticipated program modifications for the coming year. A local jurisdiction, in lieu of meeting the above requirements, may provide a demonstration that the final year 2000 perfonnance 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. EXEl\1PTIONS " ",: Any employer subject to a local ordinanc.e' which requires the provision of trip reduction measures by f:.:.;.. that employer is eligible fer exemption from the requirements of this Rule. \;;, .A C" ". ".or Snn T .1J;_~ nhisDO County APCD 9 Proposed Rule 901 (3-29-95) 3.3 2 . 1. The APCa shall de term ine if the requirements of a local ordinance are at least as effective as this rule in increasing A VR 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 A VR, or in the event that the local ordin~ce under which the employer qualified for. the exemption is rescinded, the exemption is void. The APCa shall notify the employer that the exemption is void and the employer must submit a plan to the APCa 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 wiJI achieve emission i 1 reductions equal to or greater than those that would have been realized if the perfo,,"ance objectives !J 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 A VR targets in Table 1, such failure ~ 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 APCD-approved alternate. 3. Conducting an annual, verifiable A VR Survey to monitor progress toward the applicable A VR target, and submitting the results to the APca 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 APca 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 APCa. 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 A VR perfonnance 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. !. I I , , Snn 1.11i.<: Ohi.'iTJO County A PCD 10 Proposed Rule 901 (3-29-95) '- . ' - ORDINANCE NO. 470 C.S. 333 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 (NO V) or other enforcement action by the District When it is determined that a business is in non-compliance, a letter ITom the APCa will be' sent to the employer describing the deficiency, suggested corrective action to be taken, and recommended measures to preve~t further occurrences. The employer will have thirty (30) days from receipt of the letter to . respond in writing describing the circumstances of the situation, that the deficiency has been corrected, or to describe any extenuating circumstances preventing correction oftlfe deficiency. Ifthe'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 '---' .'J~ (:i 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 shaH 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 provided by the APCO as part of the Notice To Register packet. 2. The content of the proposed commute options, supporting strategies, and implementation schedule of the Commute Alternatives Plan, if required, at. least 30 calendar days prior submitting the Plan to the APCO. 3. Identification of the Employee Transportation Coordinator (ETC) and/or the Employer Program Manager within the organization to whom comments and suggestions can be submitted and questions addressed. ' 4. Notification rpay 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 ofthe commute alternatives options and strategies, and are informed about the full range of such options and strategies available at the worksite. R. COLLECTIVE BARGAINING DISCLAIMER , :-: ~ I.:::;:: Nothing contained in this rule shall be. construed to abrogate any existing collective bargaining \ --, agreement(s) between the employer and employees. L) . . -. San Luis Obispo County A PCD II Proposed Rule 901 (3-29-95)