CHAPTER 26.
TRANSPORTATION TRIP REDUCTION*
* Editor’s Note: The City’s original provisions regulating congestion management and trip reduction were set out in Ord. 92-10, adopted on May 19, 1992, as amended by Ord. 92-16, adopted on Sept. 15, 1992. Sec. 2 of Ord. 94-007 amended Ord. 92-10 by deleting it in its entirety and adding trip-reduction regulations to Title 5, Chapter 26 of this Code.
Sections:
Article 1. Purpose and Legal Authority
Article 2. Applicability
5-26.2.2 Exemption – Employee Minimum Level
5-26.2.3 Exemption – Multijurisdictional Employers
5-26.2.4 Exemption – Performance Objectives Achieved
5-26.2.5 Exemption – Construction Site
Article 3. Confidentiality
5-26.3.1 Employee Transportation Survey
5-26.3.2 Employer Budget Information.
Article 4. Collective Bargaining Agreements
5-26.4.1 Obligations Under Collective Bargaining Agreements.
Article 5. Definitions
5-26.5.1 Average Vehicle Ridership (AVR).
5-26.5.9 Employee Transportation Coordinator (ETC).
5-26.5.10 Employee Transportation Survey.
5-26.5.11 Employee Transportation Survey Processing Fee.
5-26.5.13 Employer Program Manager.
5-26.5.14 Employer Trip Reduction Appeals Committee.
5-26.5.15 Employer Trip Reduction Information Campaign.
5-26.5.16 Employer Trip Reduction Information Campaign Plan.
5-26.5.17 Employer Trip Reduction Plan.
5-26.5.18 Employer Trip Reduction Plan Appeal Fee.
5-26.5.19 Employer Trip Reduction Plan Review Fee.
5-26.5.20 Employer Trip Reduction Program.
5-26.5.22 Field Construction Worker.
5-26.5.24 Independent Contractor.
5-26.5.25 Local Jurisdiction (Jurisdiction).
5-26.5.27 Seasonal/temporary Employee.
5-26.5.28 Single-occupant Vehicle.
5-26.5.31 Transportation Management Association.
5-26.5.32 Trip Reduction Program Advisor (TRPA).
5-26.5.35 Vehicle Employee Ratio (VER).
Article 6. Standards
5-26.6.1 Performance Objectives.
Article 7. Administrative Requirements
5-26.7.3 Employee Transportation Coordinator (ETC).
5-26.7.4 Employer Program Manager.
5-26.7.5 Registration Requirement.
5-26.7.6 Employee Transportation Surveys.
5-26.7.7 Employer Trip Reduction Information Campaign.
5-26.7.8 Requirement to Submit Employer Trip Reduction Information Campaign Plan.
5-26.7.9 Employer Trip Reduction Program.
5-26.7.10 Requirement to Submit Employer Trip Reduction Plan.
5-26.7.11 Appeal of Plan Disapproval.
Article 8. Monitoring and Records
5-26.8.1 Recordkeeping Requirements.
Article 9. Manual of Procedures
5-26.9.1 Performance Objective Calculation.
5-26.9.2 Random Sample Method.
Article 10. Fees
Article 11. Penalties
Article 1. Purpose and Legal Authority
5-26.1.1 Purpose.
The purpose of this chapter is to improve ambient air quality by reducing air pollutant emissions that result from vehicle commute trips to work sites with fifty (50) or more employees.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.1.2 Legal Authority.
The State of California Clean Air Act (AB 2595, Sher) required the adoption and implementation of transportation control measures as part of the Clean Air Plan adopted by the Bay Area Air Quality Management District (BAAQMD) in June 1992. In December 1992, the BAAQMD adopted Regulation 13, Rule 1, Trip Reduction Requirements of Large Employers (Rule 1). This program was considered a “reasonably available” transportation control measure under the State of California Clean Air Act. Section 40717.4(e) of the California Health and Safety Code gives the BAAQMD the authority to delegate implementation of transportation control measures, such as Rule 1, to local jurisdictions. Rule 1 Sections 13-1 104 and 13 1 302 specify the process and criteria to be used for local jurisdictions to receive delegation and implement Rule 1 through locally adopted trip reduction ordinances.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 2. Applicability
5-26.2.1 General.
This chapter applies to all public and private employers with fifty (50) or more employees at a work site and to employment centers (centers) at which fifty (50) or more employees report to work at the work site. This chapter applies only to work sites with fifty (50) or more employees. If an employer has fifty (50) or more employees but no single work site with fifty (50) or more employees, this chapter does not apply to that employer. For purposes of determining the applicability of this chapter, the number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single weekday Monday through Friday during the current calendar or fiscal year. Employment centers will consider all employees of all employers located with the employment center to be part of the center’s work site for purposes of registering, developing Employment Trip Reduction Information Campaign Programs, and submitting Trip Reduction Information Campaign Plans.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.2.2 Exemption – Employee Minimum Level.
A work site or employment center of fifty (50) or more employees where less than fifty (50) of these employees normally start work during the peak period is exempt from all requirements of this chapter except for the registration requirement. Public and private employers and employment center owners must register these work sites and employment centers pursuant to subsections (c) and (e) of Section 5-26.7.5.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.2.3 Exemption – Multijurisdictional Employers.
Employers of more than one hundred (100) employees that have work sites in other jurisdictions subject to the Bay Area Air Quality Management District Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers, have the option of receiving an exemption from all requirements of this chapter except for the registration requirement. Public and private employers receiving an exemption under this section shall receive an exemption by request in writing to the TRPA and must register pursuant to subsections (d) and (e) of Section 5-26.7.5.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.2.4 Exemption – Performance Objectives Achieved.
Employers of more than one hundred (100) employees may qualify for an exemption from the requirements of this chapter as specified below:
(a) Work sites that achieve the 1999 performance objectives specified in Section 5-26.6.1 as demonstrated pursuant to Section 5-26.7.6 are exempt from all other requirements of this chapter except for this section.
(b) Work sites that meet the requirements of Section 5-26.6.1 must submit to the TRPA, in a format approved by the TRPA, a listing of the measures or reasons for achieving the 1999 performance objectives.
(c) Work sites that meet the requirements of Section 5-26.6.1 must demonstrate continued achievement of the 1999 performance objectives by conducting an employee transportation survey pursuant to Section 5-26.7.6 once every three (3) years.
(d) Work sites that do not continue to demonstrate achievement of the 1999 performance objectives pursuant to (c) above no longer qualify for the exemption provided by this section and become subject to the requirements of this chapter at that time.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.2.5 Exemption – Construction Site.
Construction sites are exempt from the requirements of this chapter. 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 the same meaning as work site.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 3. Confidentiality
5-26.3.1 Employee Transportation Survey.
The TRPA shall treat individual employee transportation survey responses, records, and results submitted pursuant to Section 5-26.7.6 in a confidential manner and shall not release any information about individual employees to the public. Both aggregate and work site performance objective results for an employer shall be within the public domain.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.3.2 Employer Budget Information.
The TRPA shall treat employer budget information submitted pursuant to Section 5-26.7.10(b)(vii) in a confidential manner and shall not release any budget information about individual employers or employment centers to the public. Aggregate and genetic budget information for trip reduction programs and measures shall be within the public domain.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 4. Collective Bargaining Agreements
5-26.4.1 Obligations Under Collective Bargaining Agreements.
The requirements of this chapter 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 TRPA shall maintain neutrality with respect to any negotiations between an employer and its employees.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 5. Definitions
5-26.5.1 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 survey week as calculated pursuant to Section 5-26.9.1.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.2 Buspool.
“Buspool” means a privately operated or chartered bus which provides commute transportation on a subscription basis. This term is also known as a club bus.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.3 Carpool.
“Carpool” means a vehicle occupied by two (2) to six (6) people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.4 Commercial Tenant.
“Commercial tenant” means a business, industry, or institution having a lease agreement to do business in an employment center.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.5 Commute Trip.
“Commute trip” means the trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.6 Compressed Workweek.
“Compressed workweek” means 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 (3) twelve (12) hour days (3/36) or four (4) ten (10) hour days (4/40) within a one (1) week period; or eight (8) nine (9) hour days and one (1) eight (8) hour day (9/80) within a two (2) week period.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.7 Disabled Employee.
A “disabled employee,” for purposes of the performance objective calculation pursuant to Section 5-26.9.1, is 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.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.8 Employee.
“Employee” means any person conducting work activity for an employer twenty (20) or more hours per week on a regular full time or part time basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.9 Employee Transportation Coordinator (ETC).
“Employee transportation coordinator (ETC)” means an employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction Program or Employer Trip Reduction Plan on a full-time or part time basis.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.10 Employee Transportation Survey.
“Employee transportation survey” means a TRPA approved questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR or VER for the work site pursuant to Sections 5 26.7.6 and 5 26.9.1.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.11 Employee Transportation Survey Processing Fee.
“Employee transportation survey processing fee” means a fee paid at the time of submittal of the employee transportation survey forms required by this chapter. The employee transportation survey processing fee is listed in the Master Fee Schedule. This fee is applicable to employers or employment centers with one hundred (100) or more employees at the work site required to conduct employee transportation surveys and who submit these survey forms to the TRPA for processing pursuant to this chapter.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.12 Employer.
“Employer” means any person(s), trust, firm, business, joint stock company, corporation, partnership, association, nonprofit 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 chapter, not individual departments or agencies of the City, County, or City and County. Individual departments or agencies of the State of California and the Federal government are separate employers for purposes of this chapter. The term includes for profit, not for profit, and nonprofit enterprises. Several subsidiaries or units that occupy the same work site and report to one (1) common governing board or governing entity or that function as one corporate unit are considered to be one (1) employer. The term shall not include employers with no permanent work site within the District.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.13 Employer Program Manager.
“Employer program manager” means an employee with policy and budget authority who is responsible for the implementation of the Employer Trip Reduction Program or Employer Trip Reduction Plan and for fulfilling the requirements of this chapter.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.14 Employer Trip Reduction Appeals Committee.
The Planning Commission shall act as the “Employer Trip Reduction Appeals Committee” for the purpose of hearing appeals of TRPA-disapproved Employer Trip Reduction Plans pursuant to Section 5-26.7.11.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.15 Employer Trip Reduction Information Campaign.
“Employer Trip Reduction Information Campaign” means a program to provide information about any reasonable method or approach for providing, supporting, subsidizing, and/or encouraging the use of trip-reduction services, incentives, or measures, such as indicated in Section 5-26.5.20.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.16 Employer Trip Reduction Information Campaign Plan.
“Employer Trip Reduction Information Campaign Plan” means a document describing in detail the Employer Trip Reduction Information Campaign Program, including type of materials distributed, methods of distribution, and implementation schedule.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.17 Employer Trip Reduction Plan.
“Employer Trip Reduction Plan” means a document describing in detail the Employer Trip Reduction Program, including an implementation schedule, budget, and all the elements listed in Section 5-26.7.10(b) which is submitted to the TRPA for review and approval pursuant to Section 5-26.7.10.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.18 Employer Trip Reduction Plan Appeal Fee.
“Employer Trip Reduction Plan appeal fee” means a fee paid at the time of appeal of a disapproved Employer Trip Reduction Plan pursuant to Section 5-26.7.11. The Employer Trip Reduction Plan appeal fee is listed in the Master Fee Schedule. This fee is applicable to all employers of one hundred (100) or more employees who file appeals of disapproved Employer Trip Reduction Plans.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.19 Employer Trip Reduction Plan Review Fee.
“Employer Trip Reduction Plan review fee” means a fee paid at the time of submittal of an Employer Trip Reduction Plan pursuant to Section 5-26.7.10 of this chapter. This fee applies both at the time of initial submittal as well as subsequent updates. This fee does not apply to the resubmittal of a disapproved Employer Trip Reduction Plan. The Employer Trip Reduction Plan review fee is listed in the Master Fee Schedule. This fee is applicable to employers of one hundred (100) or more employees required to submit Employer Trip Reduction Plans pursuant to this chapter.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.20 Employer Trip Reduction Program.
“Employer Trip Reduction Program” means a group of measures developed and implemented by an employer that are designed to provide transportation information, assistance, and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site by increasing AVR or decreasing VER, and to achieve and maintain the performance objectives listed in Section 5-26.6.1. An Employer Trip Reduction Program may include, but is not limited to, any or all of the following services, incentives, and measures.
(a) Rideshare.
(i) Carpool/vanpool matching;
(ii) Preferential parking for carpools and vanpools;
(iii) Financial subsidies or rewards to carpool/vanpool/buspool passengers, including drivers;
(iv) Employer provided vehicles for carpools and/or vanpools;
(v) Employer sponsored vanpools;
(vi) Carpool/vanpool/buspool operating subsidies, e.g., insurance, fuel, maintenance, etc.
(b) Public Transit.
(i) Work site transit ticket sales;
(ii) Financial subsidies/rewards to transit users, e.g., Commuter CheckTM;
(iii) Transit route maps and schedules on site;
(iv) Shuttle to transit line (employer-sponsored or -subsidized).
(c) Trip Elimination.
(i) Compressed work weeks;
(ii) Telecommuting.
(d) Parking Management.
(i) Charge for employee parking;
(ii) Elimination of any employer parking financial subsidy;
(iii) Transition from employer parking financial subsidy to general transportation monetary allowance for all employees;
(iv) Free or reduced parking rates for carpools and vanpools only;
(v) Preferential parking for clean-fuel vehicles.
(e) Bicycle and Pedestrian.
(i) Financial subsidies to bicycle or pedestrian commuters including purchase of equipment for commute trip purposes;
(ii) Bicycle lockers or other secure, weather protected bicycle parking facilities;
(iii) Bicycle access to building interior;
(iv) Bicycle and/or walking route information;
(v) On-site bicycle registration;
(vi) Employee shower facilities and clothes lockers;
(vii) Financial subsidies rewards for walking and other nonmotorized transportation modes.
(f) On-Site Facilities/Services.
(i) Site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use;
(ii) On-site services to reduce midday vehicle trips, e.g., cafeteria, ATMs, apparel cleaning, etc.;
(iii) Guaranteed return-trip program;
(iv) Shuttles between multiple work sites;
(v) Providing child day care at/near work site;
(vi) Refueling/recharging facilities for clean-fuel vehicles used for employee commute trips, e.g., electric, compressed natural gas vehicles.
(g) Promotional and Marketing Materials.
(i) Rideshare marketing campaigns;
(ii) On-site transportation fair to promote commute alternatives;
(iii) Participation in California Rideshare Week and Beat the Back Up Day activities.
(h) Other.
(i) Membership in a Transportation Management Association that provides services and incentives;
(ii) Establishment of employee committee to help design, develop, and monitor the trip reduction program;
(iii) Enhanced trip reduction efforts on forecast criteria pollutant exceedance days, e.g., the District’s Spare the Air program;
(iv) Financial subsidies/rewards for clean-fuel vehicles used for employee commute trips including carpool and vanpool vehicles;
(v) Assistance to employees in locating their home residence closer to the work site and/or along transit routes;
(vi) Assistance in the development of housing close to the work site, along transit routes, or in an employer sponsored housing development to facilitate carpool/vanpool formation or shuttle;
(vii) Trip reduction measures to reduce non employee vehicle trips to the work site, e.g., busing for student populations, delivery trips, etc.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.21 Employment Center.
“Employment center” shall mean:
(a) Any business park, or other commercial/industrial or retail project, to which at least fifty (50) persons commute to work, and which has two (2) or more of the following characteristics:
(1) It is known by a common name given to the project by the developer;
(2) It is governed by a common set of covenants, conditions, and restrictions;
(3) It is covered by a single final development plan.
(b) Any government or institutional facility or special district predominately nonretail in use within the city limits which employs more than fifty (50) employees.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.22 Field Construction Worker.
“Field construction worker” means an employee who reports for work to a temporary field construction site.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.23 Field Personnel.
“Field personnel” means employees who spend twenty percent (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 pickup and dispatch of an employer provided vehicle.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.24 Independent Contractor.
“Independent contractor” means 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.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.25 Local Jurisdiction (Jurisdiction).
“Local jurisdiction” or “jurisdiction” means a city, county, or public agency, including a public agency formed through a Joint Powers Agreement, with authority to adopt, implement, and enforce an employer trip reduction ordinance.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.26 Peak Period.
“Peak period” means the time from 6:00 a.m. through 10:00 a.m. Monday through Friday inclusive.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.27 Seasonal/Temporary Employee.
“Seasonal/temporary employee” means an employee who works for the employer for less than ninety (90) continuous days (three (3) months) within a calendar year.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.28 Single –Occupant Vehicle.
“Single occupant vehicle” means a vehicle occupied by one (1) employee.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.29 Survey Week.
“Survey week” means a regular five (5) day Monday through Friday (inclusive) workweek. The survey week for work sites with Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a Federal, State, or local holiday, regardless of whether the holiday is observed by the employer. A survey week that meets the above criteria is to be selected by the employer or employment center during January through May, or September through November for the employee transportation surveys required by Section 5-26.7.6. The survey week cannot be Rideshare Week or contain any other rideshare or transit promotional event, e.g., “Beat the Back Up.”
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.30 Telecommuting.
“Telecommuting” means a system of working at home or at an off-site, nonhome telecommute facility for the full workday on a regular basis of at least one (1) day per week.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.31 Transportation Management Association.
“Transportation Management Association” means an organization through which developers, property managers, employers, and/or local jurisdictions cooperate in designing, implementing, and assessing Employer Trip Reduction Programs or other transportation demand or system management programs and measures.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.32 Trip Reduction Program Advisor (TRPA).
“Trip Reduction Program Advisor (TRPA)” shall mean the person employed by the jurisdiction to manage the program developed under this chapter.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.33 Vanpool.
“Vanpool” means a vehicle occupied by seven (7) to fifteen (15) employees 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.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.34 Vehicle.
“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, except the following:
(a) A device moved exclusively by human power;
(b) A device used exclusively upon stationary rails or tracks;
(c) Buses used for public or private transit.
Examples of vehicles include, but are not limited to, passenger cars, motorcycles, vans, and pickup trucks.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.35 Vehicle Employee Ratio (VER).
“Vehicle employee ratio (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 5-26.9.1. VER is the reciprocal of AVR.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.36 Volunteer.
“Volunteer” means an individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.37 Work Activity.
“Work activity” means any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.5.38 Work Site.
“Work site” shall mean:
(a) 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 proximate 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 (2) or more employers each have fifty (50) or more employees at a single work site, then that work site is considered a separate work site for each employer.
(b) An employment center.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 6. Standards
5-26.6.1 Performance Objectives.
Performance objectives are expressed in terms of AVR and VER. Employers have the option of reporting performance in terms of either AVR or VER or both. The work site AVR or VER is determined from the employee transportation survey conducted pursuant to Section 5-26.7.6. Employers with work sites that do not achieve the performance objectives in this section shall submit an Employer Trip Reduction Plan pursuant to Section 5-26.7.10.
|
AVR Performance Objectives and Year |
||||||
|---|---|---|---|---|---|---|
|
1993 |
1994 |
1995 |
1996 |
1997 |
1998 |
1999 |
|
1.10 |
1.15 |
1.20 |
1.25 |
1.30 |
1.35 |
1.35 |
|
VER Performance Objectives and Year |
||||||
|---|---|---|---|---|---|---|
|
1993 |
1994 |
1995 |
1996 |
1997 |
1998 |
1999 |
|
0.91 |
0.87 |
0.83 |
0.80 |
0.77 |
0.74 |
0.74 |
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 7. Administrative Requirements
5-26.7.1 Effective Dates.
Employers of one hundred (100) or more employees and employment centers with one hundred (100) or more employees at the work site become subject to this chapter effective July 1, 1994. Employers of fifty (50) to ninety-nine (99) employees and employment centers with fifty (50) to ninety-nine (99) employees at the work site become subject to this chapter effective July 1, 1995.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.2 Notification.
(a) An employer of one hundred (100) or more employees 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:
(i) Information explaining the requirements and applicability of this chapter to the employer and its work site(s) prior to or at the time of registration pursuant to Section 5-26.7.5;
(ii) The content and implementation schedule of the Employer Trip Reduction Program required by Section 5-26.7.9 during its development;
(iii) The content, implementation schedule, and availability of the Employer Trip Reduction
Plan required by Section 5-26.7.10, as applicable, at least thirty (30) days prior to the submittal of the Employer Trip Reduction Plan to the TRPA.
(b) 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.
(c) The notice shall identify the Employee Transportation Coordinator and/or the Employer Program Manager within the organization to whom comments and suggestions can be submitted and questions addressed.
(d) Employers of fifty (50) to ninety-nine (99) employees shall provide the following information to their employees prior to or at the time of registration pursuant to Section 5-26.7.5:
(i) Information explaining the requirements and applicability of this chapter to the employer;
(ii) The name and telephone number of the Employee Transportation Coordinator within the organization to whom comments and suggestions can be submitted and questions addressed.
(e) Employment centers shall provide the following information to their commercial tenants prior to or at the time of registration pursuant to Section 5-26.7.5:
(i) Information explaining the requirements and applicability of this chapter to the employee center;
(ii) The name and telephone number of the Employee Transportation Coordinator within the organization to whom comments and suggestions can be submitted and questions addressed.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.3 Employee Transportation Coordinator (ETC).
All employers or employment centers must have an ETC(s) as specified within this section. Employers or employment centers shall appoint an ETC for each affected work site. ETCs must complete BAAQMD certified training curriculum within nine (9) months of the effective dates of the ordinance codified in this chapter as specified in Section 5-26.7.1 or within six (6) months of appointment when appointed after the initial nine (9) month time frame. Employers and employment centers may apply to the TRPA for a waiver from the Warning requirement when an ETC has one (1) or more years of experience in trip reduction or equivalent skills. An ETC may also serve as the Employer Program Manager provided that the individual meets the criteria specified in Section 5-26.5.13. Nothing in this section shall be construed to indicate that an employer or employment center must employ an additional employee or obtain outside services to act as an ETC(s).
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.4 Employer Program Manager.
All employers and employment centers must have an Employer Program Manager as specified in this section. Employers shall appoint an Employer Program Manager. Employers and employment centers with multiple affected work sites within the jurisdiction may appoint one (1) Employer Program Manager for more than one (1) work site. An Employer Program Manager may also serve as the ETC provided that the individual meets the requirements of Section 5-26.7.3. Nothing in this section shall be construed to indicate that an employer or employment center must employ an additional employee to act as an Employee Program Manager.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.5 Registration Requirement.
Public and private employers and employment centers with fifty (50) or more employees at a single work site within the jurisdiction shall register with the TRPA as follows:
(a) Registration shall be submitted to:
Trip Reduction Program Advisor
City of Emeryville
2200 Powell Street, 12th Floor
Emeryville, CA 94608
(b) All employers of more than fifty (50) employees and employment centers registration shall include the following information contained in this subsection:
(i) Employer or employment center name and mailing address;
(ii) Separate identification of each work site(s) including locational address;
(iii) Employee Transportation Coordinator and Employer Program Manager name and telephone number for each work site(s);
(iv) The total number of employees reporting or assigned to each work site(s);
(v) The total number of employees who start work at each work site(s) during the peak period.
(c) Employers of more than fifty (50) employees and employment centers claiming an exemption pursuant to Section 5-26.2.2 shall provide the following information contained in this subsection:
(i) Employer name and mailing address;
(ii) Name, mailing address, and telephone number of a contact person;
(iii) Separate identification of each work site(s) including work site name and locational address;
(iv) The total number of employees reporting or assigned to each work site(s);
(v) The total number of employees who start work at each work site(s) during the peak period.
(d) Employers of one hundred (100) or more employees that have work sites with one hundred (100) or more employees in other jurisdictions requesting an exemption pursuant to Section 5-26.2.3 shall provide the following information contained in this subsection for work sites within this jurisdiction:
(i) Employer name and mailing address;
(ii) Name, mailing address, and telephone number of the Employer Program Manager appointed to comply with Bay Area Air Quality District Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers for any work sites within this jurisdiction;
(iii) Name, mailing address, and telephone number of the Employee Transportation Coordinator appointed to comply with Bay Area Air Quality District Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers for any work sites within this jurisdiction;
(iv) Separate identification of each work site(s), including work site name and locational address within this jurisdiction;
(v) The total number of employees reporting or assigned to each work site(s) within this jurisdiction;
(vi) The total number of employees who start work at each work site(s) during the peak period within this jurisdiction.
(e) Employers and employment centers are required to register with the TRPA as follows:
(i) Employers and employment centers who become subject to this chapter on July 1, 1994 pursuant to Section 5-26.7.1 must register with the TRPA by September 30, 1994.
(ii) Employers and employment centers who become subject to this chapter subsequent to the schedule above due to an increase in employees or the establishment of a new or expanded work site shall register with the TRPA within ninety (90) days of becoming subject to this chapter.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.6 Employee Transportation Surveys.
Employers of one hundred (100) or more employees must conduct employee transportation surveys as specified in this section to establish whether the performance objectives listed in Section 5-26.6.1 have been achieved. Employment centers with one hundred (100) or more employees at the work site must conduct employee transportation surveys as specified in this section in order to access commute behavior.
(a) Employers or employment centers with one hundred (100) or more employees at the work site shall conduct an employee transportation survey consistent with the procedure contained in Section 5-26.9.1. Employers or employment centers with one hundred (100) or more employees must submit the survey responses to the TRPA in accordance with the schedule contained in Section 5-26.7.6(f).
(b) An employer or employment center of one hundred (100) or more employees at the work site 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 5-26.9.1, verifiable records must be maintained, and the survey results are to be submitted to the TRPA in accordance with the schedule contained in Section 5-26.7.6(f).
(c) An employer of one hundred (100) or more employees may use a random sample employee survey method consistent with Section 5-26.9.2 for work sites where four hundred (400) or more employees start work during the peak period. The TRPA will notify employers of one hundred (100) or more employees of the due date for subsequent-year surveys.
(d) Employers of one hundred (100) or more employees shall conduct employee transportation surveys 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. Employment centers with one hundred (100) or more employees at the work site shall conduct an employee transportation survey every three (3) years, in accordance with the schedule contained in Section 5-26.7.6(f).
(e) An employer or employment center of one hundred (100) or more employees at the work site shall not offer any special incentives or disincentives in addition to its regular Employer Trip Reduction Program during the survey week. This limitation does not apply to activities undertaken in response to a District forecast exceedance day, e.g., the “Spare the Air” Campaign.
(f) Employee transportation surveys are to be conducted as follows:
(i) Employers subject to this chapter July 1, 1994, with work sites of five hundred (500) or more employees must conduct an employee transportation survey at those work sites by November 30, 1994.
(ii) Employers subject to this chapter July 1, 1994, with work sites of one hundred (100) to four hundred ninety-nine (499) employees must conduct an employee transportation survey of those work sites by May 31, 1995.
(iii) Employment centers, subject to this chapter July 1, 1994, with work sites of one hundred (100) or more employees must conduct an employee transportation survey at those work sites in 1996 and 1999. The TRPA will notify employment centers of the due date of these surveys. Employment centers, who become subject to this chapter, subsequent to July 1, 1994, due to an increase in employees at the work site or the establishment of an expanded work site must also conduct an employee transportation survey in 1996 and 1999.
(iv) Employee transportation survey forms are to be submitted to the TRPA within forty-five (45) days of the survey week if the jurisdiction will be processing the survey forms.
(v) Employee transportation survey results are to be submitted to the TRPA within ninety (90) days of the survey week if the employer, employment center or another entity will be processing the survey forms.
(vi) Subject to TRPA approval, an employee transportation survey conducted prior to the effective dates of the ordinance codified in this chapter may be submitted to fulfill the requirements of this subsection provided that:
(1) The survey was conducted no earlier than January 1, 1994; and
(2) It provides sufficient data to calculate the performance objective pursuant to Section 5-26.9.1.
(g) Employers who become subject to this chapter 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 5-26.7.5. The dates in Sections 5 26.7.6(f) (iv) and (v) apply regarding submittal to the TRPA.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.7 Employer Trip Reduction Information Campaign.
Employers of fifty (50) to ninety-nine (99) employees and employment centers shall conduct an Employer Trip Reduction Information Campaign, as follows:
(a) The Employer Trip Reduction Information Campaign shall provide information about reasonable methods or approaches for providing, supporting, subsidizing, and/or encouraging the use of trip reduction services, incentives, or measures, such as indicated in Section 5-26.5.20.
(b) The Employer Trip Reduction Information Campaign must include, at a minimum, the following:
(i) Company policy that encourages employees or commercial tenants to participate in trip reduction measures;
(ii) Provision of trip reduction information to all new employees or commercial tenants within two (2) weeks of employment or lease, including but not limited to the following:
(1) The name and telephone number of the Employee Transportation Coordinator,
(2) A copy of the company policy encouraging employees or commercial tenants to participate in trip reduction measures,
(3) Information regarding trip reduction programs and measures available at the work site;
(iii) Quarterly communication to all employees or commercial tenants of the existence of trip reduction alternatives;
(iv) Posting or other method of distributing trip reduction information supplied by the jurisdiction to employees or commercial tenants.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.8. Requirement to Submit Employer Trip Reduction Information Campaign Plan.
Employers of fifty (50) to ninety-nine (99) employees and employment centers shall prepare and submit an annual Employer Trip Reduction Information Campaign Plan, as specified in this section, for implementing an Employer Trip Reduction Campaign, as required by Section 5-26.7.7. The Employer Trip Reduction Information Campaign Plan must include, but is not limited to including, the type of materials distributed, the methods of distribution, and an implementation schedule. The Employer Trip Reduction Information Campaign Plan shall be submitted to the TRPA, after six (6) months pursuant to Section 5-26.7.1. The TRPA will notify employers of fifty (50) to ninety-nine (99) employees and employment centers of the due date of subsequent Trip Reduction Information Campaign Plans.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.9 Employer Trip Reduction Program.
Employers of one hundred (100) or more employees shall conduct an Employer Trip Reduction Program as specified in this section. Within six (6) months of the end of the survey week for the first employee transportation survey conducted pursuant to Section 5-26.7.6 employers shall develop and implement an Employer Trip
Reduction Program. The Employer Trip Reduction Program is only submitted to the TRPA for work sites subject to Section 5-26.7.10.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.10. Requirement to Submit Employer Trip Reduction Plan.
(a) Employers of one hundred (100) or more employees that do not achieve the performance objectives established in Section 5-26.6.1 for the applicable year at any work site subject to this chapter shall prepare and submit an Employer Trip Reduction Plan for that work site to the TRPA within one hundred twenty (120) days of a determination that the performance objective was not achieved. An employer of one hundred (100) or more employees may submit a consolidated plan that covers multiple work sites. The TRPA will issue a determination that the performance objective has not been achieved based upon information received pursuant to Section 5-26.7.6.
(b) The Employer Trip Reduction Plan shall contain the following contained in this section:
(i) A description of the measures taken to comply with Section 5-26.7.2;
(ii) All the information required by Section 5-26.7.5(b);
(iii) A detailed description and inventory of measures contained in the Employer Trip Reduction Program developed and implemented pursuant to Section 5-26.7.9, including a list of specific trip reduction measures already implemented, such as those listed in Section 5-26.5.20;
(iv) A description, schedule, and commitment to implement additional or enhanced measures which includes all reasonable, feasible, and cost-effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives. The plan should include appropriate measures from the categories of measures listed in Section 5-26.5.20 and other measures (if any) designed to address unique characteristics of the work site;
(v) Summary and discussion of the results of an attitudinal survey of employees or an employer/employee work group designed to ascertain employee attitudes toward various incentive and disincentive measures;
(vi) A discussion of the progress achieved to date and an analysis of why the Employer Trip Reduction Program did not achieve the performance objective, including special issues, circumstances, or conditions at the work site;
(vii) A budget indicating all current and projected expenditures for the Employer Trip Reduction Program;
(viii) The plan shall be submitted by the highest ranking responsible official of the employer at the work site or each work site when a consolidated plan is submitted that covers multiple work sites.
(c) The TRPA 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. The TRPA shall disapprove any plan that does not meet the above specified approval criteria.
(d) An employer shall revise and resubmit to the TRPA any disapproved plan within ninety (90) days of the disapproval. If the revised plan is disapproved, the employer has one (1) additional ninety (90) day opportunity to revise and resubmit a plan before final disapproval. Final disapproval is a violation of this chapter subject to penalty.
(e) An employer may appeal any TRPA disapproval of its Employer Trip Reduction Plan pursuant to Section 5-26.7.11.
(f) An employer subject to this section shall update its Employer Trip Reduction Plan once every two (2) years after plan approval until such time as the performance objective is achieved. Such plan updates are to be submitted every two (2) years to the TRPA on or before the anniversary date of plan approval.
(g) An employer subject to this section shall continue to meet the requirements of Section 5-26.7.6.
(h) An employer shall revise and resubmit its Employer Trip Reduction Plan within ninety (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 court with jurisdiction to make such determination.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.7.11 Appeal of Plan Disapproval.
An employer may appeal an Employer Trip Reduction Information Campaign Plan and/or Employer Trip Reduction Plan disapproval made pursuant to Section 5-26.7.10 to the Employer Trip Reduction Appeals Committee following the procedures listed below:
(a) The employer submits a written Notice of Appeal to the TRPA within thirty (30) days of plan disapproval;
(b) The TRPA shall notify the Employer Trip Reduction Appeals Committee of the appeal and the Employer Trip Reduction Appeals Committee will convene to hear the appeal;
(c) The Employer Trip Reduction Appeals Committee shall issue its decision on the appeal within thirty (30) days after the close of the hearing.
(d) The due date for revised Employer Trip Reduction Information Campaign Plans and/or Employer Trip Reduction Plans pursuant to Section 5-26.7.10(f) will be suspended during the appeal process authorized by this section.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 8. Monitoring and Records
5-26.8.1 Recordkeeping Requirements.
Employers subject to this chapter, and employment centers must maintain records and documents as follows:
(a) Employers, subject to this chapter, and employment centers shall maintain and retain records, files, and documentation to establish compliance with Sections 5 26.7.2, 5 26.7.3, 5 26.7.4, 5 26.7.5, 5 26.7.6, 5 26.7.7, 5 26.7.8, 5 26.7.9, and 5 26.7.10.
(b) Retention by the employers, subject to this chapter, and employment centers of such records, files, and documentation shall be for three (3) years.
(c) Such records, files, and documentation shall be made available to the TRPA during any on-site audit conducted by the jurisdiction.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 9. Manual of Procedures
5-26.9.1 Performance Objective Calculation.
AVR or VER for each affected work site of more than one hundred (100) employees is to be computed in a manner consistent with the following method:
(a) The employer or employment center of one hundred (100) or more employees at the work site conducts an employee transportation survey during a survey week.
(b) AVR is calculated only for those employees who start work or are assigned to the work site during the peak period.
(c) If less than sixty percent (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 AVR or VER.
(d) If sixty percent (60%) or more of the survey forms are returned for processing from those employees who start work during the peak period, one half (1/2) of those survey forms not returned from those employees who start work during the peak period shall be assumed to have the same AVR or VER as that calculated from the responses to the surveys returned, and one half (1/2) shall be counted as single-occupant vehicles for purposes of calculating AVR or VER.
(e) AVR 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.
(f) VER for the work site shall be calculated by dividing the total “vehicle trip days” for the survey week by the total “employee days” for the survey week.
(g) Employee days shall be determined as follows:
(i) The total number of employees who start work or are assigned to a work site during the peak period each work day Monday through Friday of the survey week. Each day of the survey week that an employee starts work during the peak period counts as one (1) 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 totaling employee days:
1. Employees telecommuting or who are off due to a compressed work week schedule are counted as reporting to the work site in calculating the total employee days.
(ii) The following employees are not included in the employee days total:
1. Employees not working because of vacation, sickness, or other time off;
2. Employees who report to a different work site or an off-site work-related activity;
3. Disabled employees.
(h) Vehicle trip days shall be determined as follows:
(i) The total number of vehicles used by employees who start work or are assigned to the work site each work day Monday through Friday of the survey week. A vehicle trip day is based on the means of transportation used for the greatest distance of an employee’s home-to-work commute trip. An employee who starts work during the peak period and arrives at the work site each day of the survey week Monday through Friday in a single-occupant vehicle counts as five (5) vehicle trip days. The following numerical values are used in calculating the total vehicle trip days:
1. Single-occupant vehicle (drive alone) equals one (1);
2. Carpool equals one (1) divided by the number of people in the carpool;
3. Vanpool equals one (1) divided by the number of employees in the vanpool;
4. Motorcycle, moped, motorized scooter, or motor bike equal one (1);
5. Clean fueled vehicles are counted as follows:
i. Electric vehicle equals zero (0),
ii. Compressed natural gas vehicle equals one fourth (0.25),
iii. Propane vehicle equals one half (0.5),
iv. Dual or flexible fueled vehicle equals three fourths (0.75);
6. The following all equal zero (0) vehicle trip days:
i. Public transit (bus, light rail, ferry, Amtrak, BART),
ii. Private buspool or club bus,
iii. Bicycle,
iv. Walking and other nonmotorized transportation modes,
v. Employees telecommuting (only on the days those employees are telecommuting for the entire day),
vi. Employees who work a compressed work week schedule (only on their compressed day(s) off),
vii. Disabled employee vehicles at all times.
(i) Employers or employment centers with multiple work sites within the jurisdiction have the option to average individual work site AVR or VER to demonstrate that the performance objectives are achieved on an aggregate basis for those work sites when this jurisdiction is implementing this chapter. If the employer demonstrates that the performance objectives (Section 5-26.6.1) are achieved using the averaging methodology, then those work sites included in the averaging are not subject to the requirements of Section 5-26.7.10.
(i) The weighted AVR 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 aggregate “vehicle trip days” to obtain the weighted AVR average.
(ii) The weighted VER average for the multiple work sites is calculated by dividing the aggregate “vehicle trip days” by the aggregate “employee days.”
(iii) The weighted VER average for multiple work sites can also be calculated as the number of peak-period employees multiplied by VER (Site 1) plus the number of peak-period employees multiplied by VER (Site 2) divided by the total peak-period employees (Sites 1 and 2).
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.9.2 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 5-26.9.1.
(a) Summary:
(i) Section 5-26.7.6(c) provides an option for larger work sites to calculate AVR or VER based upon a random sample of the employee population. The random sample option is available only for work sites where four hundred (400) or more employees start work during the peak period (6:00 a.m. through 10:00 a.m.).
(ii) 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 Section 5-26.9.2(b)(ii).
(iii) The sample must be selected as described in Section 5-26.9.2(b)(iv). Once the sample group has been selected, the employer is not permitted to send additional survey forms to employees beyond the original sample group. This will invalidate the results of the survey and void the employer’s option to utilize the random sample method.
(iv) A high response rate is critical to ensure that the random sample produces an accurate AVR or VER for the work site. The employer should make a concerted effort to obtain a completed survey from each employee in the sample. All nonrespondents in the sample will be treated as drive-alone commuters (i.e. commuting in a single-occupant vehicle) for purposes of calculating the work site AVR or VER.
(b) Basic Random Sample Selection Methodology.
(i) 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.
(ii) The employer shall determine the number of employees to be included in the random sample using the following formula, where n is the sample size and N is the number of employees who start work between 6:00 a.m. and 10:00 a.m.
A sample of size “n” based on this formula should produce an AVR or VER with a sampling error of at most plus-or-minus 0.05, with a ninety-five percent (95%) probability. The sample size based on this formula is displayed in the table below:
|
Number of Peak Period Employees at Work Site |
Sample Size |
|---|---|
|
400 to 420 |
200 |
|
421 to 440 |
205 |
|
441 to 460 |
210 |
|
461 to 480 |
214 |
|
481 to 500 |
218 |
|
501 to 550 |
225 |
|
551 to 600 |
235 |
|
601 to 650 |
240 |
|
651 to 700 |
248 |
|
701 to 750 |
255 |
|
751 to 800 |
260 |
|
801 to 850 |
265 |
|
851 to 900 |
270 |
|
901 to 950 |
274 |
|
951 to 1000 |
278 |
|
1001 to 1500 |
300 |
|
1501 to 2000 |
320 |
|
2001 to 3000 |
340 |
|
3001 to 4000 |
350 |
|
4001 to 6000 |
360 |
|
6001 to 10,000 |
370 |
|
> 10,000 |
380 |
(iii) 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.
(iv) After the sample size has been determined, the employer has two options for selecting the sample:
1. Use a computer program to select distinct random numbers from the employee list (e.g., two hundred seventy eight (278) distinct random numbers between one (1) and one thousand (1,000), where one thousand (1,000) employees start work during the peak period).
2. Select employees from the list based upon a sampling interval and random starting number.
(v) 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 1,000 employees who start work during the peak period and the sample size is 278, then the sampling interval equals 1,000 divided by 278 = 3.6. The 3.6 is rounded down to 3 to produce the sampling interval. Therefore, 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 3, 6, 9, 12, 15, etc., until the required 278 numbers have been selected.
The methodology described in subsection (b)(iv) of this section will eliminate potential bias that could result from choosing survey participants on the basis of department, rank, income level, home zip code, or other demographic factors, or from excluding certain segments of the employee population.
(c) Selection Process for Subsequent Surveys.
(i) In subsequent surveys, the employer may select the random sample using the method described in subsection (b) of this section 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 (b) of this section. The latter approach may enable the employer to more accurately track changes in commute mode from one survey to the next.
(ii) 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 twenty percent (20%) since the last survey, the employer shall select a completely new random sample group using the methodology described in subsection (b) of this section.
(d) Performance Objective Calculation, Reporting, and Recordkeeping.
(i) AVR or VER must be calculated according to the methodology described in Section 5-26.9.1.
(ii) The employer shall submit to the jurisdiction:
a. The completed survey forms for processing of the results of the survey, according to the schedule in Section 5-26.7.6(f) and (g);
b. A description of the methodology used to select the random sample;
c. A tally showing the number of surveys distributed, the number completed, and the number of nonrespondents.
(iii) The employer shall retain records needed to document adherence to this protocol for a period of at least three (3) years, including the master list used to generate the random sample and the names and numbers selected from that list.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 10. Fees
5-26.10.1 Standards.
Employers subject to the requirements of this chapter shall pay all applicable fees set forth in Section 5-26.10.2. These fees are in addition to permit and other fees authorized to be collected from facilities owned and operated by the employer. Failure to pay these fees shall be subject to the penalties of Article 11 of this chapter.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.10.2 Fee Schedule.
The fees for processing Employee Transportation Surveys, Employer Trip Reduction Plan Reviews and Employer Trip Reduction Plan Appeals shall be set forth in the Master Fee Schedule adopted by the City Council.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
Article 11. Penalties
5-26.11.1 Civil Assessment.
An employer or employment center 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 fifty dollars ($250.00) per day for each day of noncompliance, commencing with the ninety first (91st) day following notice.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)
5-26.11.2 Injunction.
In addition to any other remedy which may accrue to the jurisdiction hereunder, the jurisdiction may use a civil injunction to enforce provisions of this chapter, or any regulation or order promulgated or issued, or any program approved, pursuant hereto.
(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)