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HomeMy WebLinkAbout09/19/1995, 5 - ADOPTING A TRIP REDUCTION AND TRAVEL DEMAND ORDINANCE AS REQUIRED BY THE 1994 CONGESTION MANAGEMENT PROGRAM (CMP). city of San WI S OBISPO M NG� TE 9 S 00 COUNCIL AGENDA REPORT MW NUMBER: c ael McCluskey, YOU or Director Terry Sanville, Principal Transportation Planner SUBJECT: Adopting a Trip Reduction and Travel Demand Ordinance as required by the 1994 Congestion Management Program (CMP). CAO RECOMMENDATION: Introduce an ordinance to print Adopting Trip Reduction Measures in Accordance with State Government Code Sections 95089 and 950893. I. DISCUSSION A. Background State law requires local agencies to adopt travel demand ordinances. This requirement is expressed in the 1994 Congestion Management Program (CMP) adopted by the San Luis Obispo Council of Governments (SLOCOG) — the designated Congestion Management Agency. A local agency must adopt a travel demand ordinance to continue to receive certain state transportation funds (gas tax revenues). The SLOCOG Board will conduct a hearing in November, 1995 to determine whether local agencies have complied with these requirements. There are two ways to comply with State law and Congestion Management Plan requirements: 1. Adopt by reference the travel demand ordinance approved by the Congestion Management Agency (see Exhibit A); or 2. Adopt a custom-designed ordinance consistent with provisions of the 1994 Congestion Management Plan (see Exhibit B for content requirements). Staff recommends that the City Council take the first option. The model ordinance presented in Exhibit A is in fact the same ordinance adopted by the SLO County Air Pollution Control District (APCD) and referred to as Rule 901: The Commute Alternatives Rule. B. Program Application and Administration The attached model ordinance is an "employer-based" program that would apply to public and private employers with 100 or more employees. Therefore, the City of San Luis Obispo will be one employer that will be covered by the provisions of the model ordinance. The Air Pollution Control District will be responsible for administering the ordinance throughout the County. As an employer, the City of San Luis Obispo will be responsible for appointing a Employee Transportation Coordinator,completing a survey of employee work trip habits and, if necessary, instituting trip reduction activities. �iIIN�INHI�IIIII��hNull �`� City of San .. AS OBI SPO NiN COUNCIL AGENDA REPORT Trip Page Two It's important to note that implementation of Rule 901 is not dependant on the City Council's approval of the attached model ordinance. Under current State law, implementation will happen anyway. The Council's adoption of the model ordinance will simply demonstrate compliance with congestion management law requirements and ensure continuation of transportation funding. C. New State Law Being Considered The California Legislature is currently debating a law (SB 437) that would prohibit local agencies from implementing employer-based trip reduction programs unless the program is expressly required by federal law and failure to implement it would result in federal sanctions. SB 437 has been passed by the Assembly but has yet to be acted on by the Senate. If passed, this law would: 1. Go into effect January 1, 1996. 2. Prohibit the APCD, Cities or San Luis Obispo County from implementing Rule 901 or alternate employer-based trip reduction programs since federal law requirements only apply when federal air quality standards are being violated. San Luis Obispo County currently meets federal air quality standards. 3 Invalidate various provisions in the City's Circulation Element: (a) adopting a mandatory trip reduction ordinance (Program 1.10.C, page 12); (b) requiring the City's own work force to participate in trip reduction activities (Program 1.9, page 12). 4. Prohibit the City from requiring developers to establish similar programs as a condition of project approval. 5. Enable only voluntary employer-based programs to be implemented. 6. Not relieve local agencies from the requirement to adopt a travel demand ordinance consistent with Congestion Management law. The net effect of the proposed State law would be to invalidate Rule 901 and the attached model ordinance. However, since the City should have adopted the attached ordinance prior to the CMP compliance deadline (November, 1995) and the proposed effective date of State legislation (January 1, 1996),the City will have technically complied with Congestion Management Program and state law requirements. State transportation funding would not be effected but implementation of the ordinance would be precluded. I ►��ib►►i�lll!lIIIIP► llUlll city of San L. .i S OBISPO COUNCIL AGENDA REPORT TAP Page Three If the California Legislature passes the new law, SLOCOG staff has indicated that, as part of its planned update of the Congestion Management Program in 1996, they will work with local agencies to further define what will be required to comply with State Congestion Management law. Provisions identified in Exhibit B might be sustained or changed and become the basis for local agencies to craft travel demand ordinances. II. CONCURRENCES The Public Works staff contacted the Chamber of Commerce and talked with Scott Gregory. Mr. Gregory indicated that it has been the Chamber's position to support Rule 901. Mr. Gregory also felt that, of the two options for complying with State congestion management law, that City adoption of Rule 901 by reference was the best option. Staff also contacted Ms. Maggie Cox of the San Luis Obispo Manufactures Association. Ms. Cox indicated that the Association's past position on Rule 901 was that it was a reasonable approach and that Council action to adopt rule 901 by reference was a reasonable approach to complying with State congestion management law. TH. FISCAL IMPACTS In itself, adoption of the attached ordinance will not have a fiscal impact on the City. As a targeted employer, however, the City will need to support the cost of trip reduction activities for its work force if initial surveys show that employee commute trips do not meet AVR (average vehicle ridership) standards specified by the ordinance. The cost of implementing Rule 901 will depend on the content of a City trip reduction program. Staff will return to the Council and request funding once the program's content is known. Based on national experience, it could cost the City about $15,000 per year. IV. ALTERNATIVES The City Council could direct staff to develop a travel demand ordinance that meets or exceeds the provisions presented in Exhibit B. The only limitation is that the ordinance may not require performance of area employers. However, provisions presented in Exhibit B could change if new state law is adopted and SLOCOG amends the Congestion Management Program to stipulate alternate performance standards. Therefore, staff is not recommending this alternative at this time. ATTACHMENTS: Exhibit A:A Ordinance Adopting a Trip Reduction and Travel Demand Ordinance Exhibit B:Performance Standards contained with the 1994 Congestion Management Program for local agencies to adopt their own travel demand ordinances Letter from Ronald L. De Carli, SLOCOG Director ORDINANCE NO. (1995 Series) EXHIBIT A AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADOPTING TRIP REDUCTION MEASURES IN ACCORDANCE WITH . STATE GOVERNMENT CODE SECTIONS 95089 AND 950893 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 County and every city in the county is required by state law to adopt a Transportation Demand Management Ordinance as an important element of the Congestion Management Program (CMP) to reduce congestion and improve 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 Travel Demand Management (TDM) Ordinance; and WiFIEREAS, the adopted CMP for the San Luis Obispo region allows each jurisdiction to ratify an existing Employer-based Trip Reduction Ordinance adopted by the Air Pollution Control District(APCD) to comply with the provisions of the Congestion Management Program; and WHEREAS,, this ordinance is intended to comply with the CMP's requirements for a TDM Ordinance; and WHEREAS,the APCD adopted an employer-based trip reduction rule known as Rule 901 on May 24, 1995; and WE EREAS, the requirements of APCD's Trip Reduction Ordinance (Rule 901) are separate from this ordinance and are fully administered by the Air District. NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1: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. Section 2: A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-tribune, a newspaper published and circulated in said city, and the same Ordinance No. (1995 Series) Travel.Demand and Trip Reduction Ordinance Page 2 shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the City Council of the City of San Luis Obispo at its meeting held on the day of 1995; on motion of seconded by and on the following roll call voter Ayes: Noes: Absent: Mayor Allen K. Settle ATTEST: City Clerk APPROVED: i tt eff Jorgensen S� c` >,RULE 901. COMMUTE ALTERNATNES RULE A. PURPOSE The purpose of this rule is to improve ambient air quality.by,reducing air pollutant emissions that result from employee commute trips,and trips attracted to:worksites with 100 or more employees. B. APPLICABILITY The rule applies to all public and private employers with lWor more employees. The effective dates for determining progress toward achieving average.vehicle ridership (AVR).goals are given in Table 1: TABLE 1 . .r li f"til riilf , rihn; I' �A� 77rvp Se 4F .fin }Ii nr la 1. .. - -�' ActronEinpiQyerso 100 drahMore np ,., Iil4 d�.1. .n s', �I'ni cwaFmnSi e.Jx A. .,Lu Conduct baseline AVR survey'. 1.995 Demonstrate 1.25 AVR :1997 Demonstrate 1.33 AVR 1998 Demonstrate 1.41 AVR 1999 Demonstrate 1.50 AVR 2000 C. DEFINITIONS For the purpose of this Rule,the following definitions apply: AIR POLLUTION CONTROL OFFICER(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 tha California Health and Safety Code with the powers and duties prescribed for-Hearing Boards in Chapter 8,'Division 26, of the California Health and Safety Code. APPLICABLE EMPLOYEE POPULATION:`The applicable employee population is all employees who report to a worksite weekdays between 6:00' am. and 10:00 am. and 'all employees who are telecommuting (i.e. working from home or a telecommuting center) or who have a scheduled day off during the week as part of a compressed work week schedule. AVERAGE VEHICLE RIDERSHIP CAL:CUL,ATIONS:­ AVR for worksite'(s) shall be calculated by dividing the number of employee days"summed over the'survey week by the number of vehicle trips summed over the survey week: ispo.,t:ounry APCD 1 ATTRACTED VEFUCLE TRIP: Any vehicle-trip, other than an employee vehicle trip, attracted to the site by the nature of that site's business. These may include: shopping, medical, business meetings, church, etc. BUSPOOL: A vehicle occupied by sixteen (16) or .more people traveling together between their residence and their worksite or other destination. Employees who work for different employers,as well as non-employed people,are included within this definition. CARPOOL A vehicle occupied by two(2)to six(6)people traveling together between their residence and their worksite or other destination. Employees who work for different employers, as well non- employed people, are included within this definition. COMMUTE ALTERNATIVES: Rideshare modes and other trip reduction options for reducing employee commute trips, including, but not limited to: carpools, vanpools, public transit, buspools, commuter shuttle, bicycling, walking,compressed work weeks,telecommuting, or other alternatives as approved by the APCO. COMMUTE TRIP: The trip made by an employee from home to the work site. The commute trip may include stops between home and the worksite. COMPRESSED WORKWEEK A regular full-time work schedule that eliminates at least one round- trip commute trip(both home-to-work and work-to-home)at least once every two(2)weeks. Examples include, but are not limited to, working three twelve hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine-hour days and-one eight hour day (9/80) within a two week period. DISABLED EMPLOYEE: An employee with a physical impairment that prevents the employee from traveling to the work site by means other that a single-occupant vehicle, and who has been issued a disabled person placard or plate from the Department of Motor Vehicles. EMPLOYEE: Any person employed by a person(s), firm, business, educational institution, non-profit agency, or corporation, government or other entity. The term excludes the following as defined else where in this rule: seasonal employees; temporary employees; volunteers; field personnel; and field construction workers. EMPLOYEE DAY: Each day of the survey week that an employee starts to work during the peak period. Notes: Employees telecommuting or who are off due to a compressed work week schedule are counted toward the total employee days. Employees on vacation, sick leave,jury duty, or other time off, and employees reporting to a different worksite or an off-site work related activity are not counted toward the total employee days. EMPLOYEE TRANSPORTATION COORDINATOR(ETC): An employee, other individual, or entity, appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction Plan on a full or part time basis.. EMPLOYER: Employer means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity that employs persons. Several subsidiaries or units that occupy the same worksite and report to a.common governing board or governing entity or that function as one corporate unit are considered to be one employer. 7.San..0>.Ubupo County A D 2 - `� 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 CONTRACTOR:-An individual-who.enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety (90)continuous days,or is open-ended: MULTI-SITE EMPLOYER: Any affected employer who has more than one worksite where at least 50 or more employees report. = MULTI-TENANT WORKSITE: Any commercial building, industrial park,shopping center,or mixed use development whether in separate or common ownership,-which contains more than one employer as determined by the APCO. NOTICE TO REGISTER: A notice,sent by the District to all employers that have been identified as potentially subject to this rule. The notice will-request information that will allow the District to determine if the employer will be required to comply with this rule. PEAK PERIOD: 6:00 A.M.through 10:00 a.m.;Monday through Friday, inclusive. RIDESHARING: A cooperative effort of two or more people traveling together for the purpose of eliminating a vehicle trip. Utilization of carpools, vanpools, buspools, taxipools, and public transportation are all forms of ridesharing. . SEASONAL EMPLOYEE: A person who`is employed for less than a continuous.ninety (90) day period. TELECOMMUTING: A system of working at home,off site, or at a telecommuting center, for a full workday that eliminates the trip to work or reduces travel distance by 50%or more. TEMPORARY EMPLOYEE: Any person employed for less than 90 days, or by an employment service that reports to a worksite other than the employment service worksite under a contractual arrangement with the temporary employer. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A TMA provides commute alternatives program support or management to its members. TMA's generally operate within a defined geographic area(industrial park, multi-tenant office building, central business district, shopping center, etc.). TMA's operate as not-for-profit associations and are cooperatively managed by the members, managed by a director appointed by the association members, or, at a multi-tenant worksite, may be managed by on-site building management. After receiving APCO approval,a TMA may be permitted to represent its members in the development and implementation of a trip reduction plan. Members may be allowed full or partial trip reduction credit for purchasing services from the TMAITMO, upon approval of the APCO. A partial list of services a TMA may offer includes: San Luis ObUpo County APCO 3 1. AVR survey and calculation services 2. trip reduction plan development, implementation,marketing and administration 3. emergency/guaranteed ride home service 4. vanpool program 5. carpool matching service 6. incentive program 7. trip reduction plan library 8. child-care or child-care referral services 9. any other services the members may designate TRANSPORTATION MANAGEMENT ORGANIZATION-(TMO): A TMO is a for profit, private :.;.enterprise providing all of the services.included.iin,the TMA,defnition above. A TMO would not be confined to a single geographic area but could.solicit business throughout the county and could do business with one employer or a group of employers in an area. TRIP REDUCTION PLAN (TRP): A TRP is a document submitted to the APCO for review and approval which details trip reduction options and supporting strategies,the implementation schedule and budget the employer will.use to achieve the reduction in single occupant vehicle trips required to meet the AVR goals established by the District. VANPOOL: A vehicle occupied by seven (7) to fifteen (15) people traveling together between their residence and their worksite or destination for the majority of thetotal 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 majogty.of the total trip distance. .. VEHICLE/EMPLOYEE RATIO(VER):. VER is,the:number of vehicles.used by.employees who report to the work site from 6:00 am.to 10:00 a.m., Monday through Friday, divided by the number of those employees averaged over the survey week, as calculated from.data gathered from the AVR Survey. VER is the reciprocal of AVR. The District will accept AVR calculated by this method. VEHICLE TRIP: A vehicle trip is based on the means of transportation used for the greatest distance of an employee's home-to-work commute trip for employees who start work during the peak period. Each vehicle trip to the worksite shall be calculated as shown in Table 2: San Luis Obispo ounty.APCD 4 r Table 2 N h; bra I h�RIP W O IN rr651 N. lr rrirr"` irH. 4 ^l es_+r_3•e]a.• N6�dtw�1s5eAF� ��Lr`ae�� { r� \7. D Ley nn I.;T.tYJ Single-occupant vehicle .1 vehicle trip' Motorcycle,moped,motorized scooter,-or . I vehicic trip motor bike Carpool 1 vehicle trip divided by the number of people in the carpool Vanpool .l.vehicle trip divided by the number of people in the vanpool Public Transit 0 vehicle trip Buspool 0 vehicle trip Walking and other non-motorized 0 vehicle trip transportation modes Telecommuting 0 vehicle trip on days employee telecommutes for the entire day Compressed Work Schedule 0-4icle trip on employee's compressed day(s)off. Zero Emission Vehicle(ZEV) 0 vehicle trip VOLUNTEER: A person who does not receive.any wages for work activity at the work site. WORKSITE: A structure, building,portion.of a building, or.grouping of buildings that are in actual physical contact or separated solely by a p;rvate or public roadway or other private or public right-of- way, and that are occupied by the same employer. WORKSITE EMPLOYEE THRESHOLD: 100 employees at a single worksite, on an average daily basis, for a 90-day period provided at.least.50.,employees.are.normally scheduled to report to the worksite on a daily basis during the peak commute period: D. ADMI PffSTRATTVE REQUIREMENTS Requirements for All Employers of 100 or More Employees All employers of 100 or more employees. shall comply with the following minimum administrative requirements: so a. Respond to.the.Notice;to.Register which shall be sent or delivered to the employer, provide all information requested, and return that information within 20 business days of receiving the Notice. 7 l� ,` ----San Ld& Obispo Uounty A70 5 All employers of 100 or more employees with 50 or more employees reporting to the worksite within the peak period must also complete the following requirements: b. Appoint.an employee to act,as Employee'.;Transportation Coordinator (ETC). That employee will and send that.employee;to:District;sponsored ETC training. I.C. Conduct an annual;Average Vehicle Ridership,.(AVR) survey in accordance with the schedule in Table 1. ..(Surveys•are.to.be.conducted.using the methodologies described in Section G below and the results submitted to,the:District for review.) Requirements for Emplovers Who Achieve AVR Targets in Table 1 Employers who achieve the applicable AVR,target shown in Table 1 shall be notified by the District that they have no additional requirements, beyond maintenance of their existing program,until the next scheduled AVR survey. Requirements for Employers Who Fail to Achieve AVR Targets in Table 1 Employers who fail to meet the applicable AVR targets-in Table 1 will be required to develop a trip reduction plan designed to achieve the AVR target for the upcoming year, and submit the plan to the District for review and approval. Trip reduction plans shall be prepared according to the following process: a. After the District reviews the-AVR-survey results, affected employers will receive a Plan Preparation Notice stating the requirement to prepare and submit a trip reduction plan to the District. b. Employers shall develop.and'submit the plan,to the.District within 90 days of the date of receipt of the Plan Preparation-Notice. Plan forms:will be provided by the District. C. The District will evaluate the plan based on its consistency with employee responses to the AVR survey, financial commitment to implementing appropriate supporting strategies, and staff commitment to marketing the trip plan to employees. d. The employer shall implement all,trip-:reduction options and supporting strategies committed to in the approved 14 redaction.plin. e. The employer shall conduct the next scheduled AVR 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 well as multi-tenant worksites:and other"types of development. To encourage voluntary participation in the program by. smaller employers,. multi-tenant worksites, and other employment situations the District will implement the following: 1. Develop outreach programs to encourage employers of fewer than 100 employees, and multi- tenant worksites, to participate in the annual AVR survey, .and develop a commute alternatives program. 2. Provide ETC training, AVR.survey processing,.consultation on program development, and participation in the District's ETC network will.be'.offered at no charge to all participants. 3. Encourage participation in the trip trading program described in Section F. o County AP __ . ..�_. ._. ���� 4. Work cooperatively with TMA's and°:the•Rideshare Office to provide a broader base of assistance to employers in developing andimplementing•anieffective program. F. TRIP TRADING MARKET The District will develop a program which.allows Trip°Reduction Credits (TRCs) to be earned by businesses that have exceeded the applicable AVR.goal.- Employers not affected by this rule may participate in the TRC program,provided they comply with all the requirements for affected employers listed below. 1. Businesses can apply for,.and earn, one TRC for-each:trip reduced beyond those required to achieve the applicable AVR goal. Each-TRC;will:have a life span of one year from the date the APCD issues the TRC Certificate. .. 2. Businesses of 100 or,more.employees,that-purchase TRCs,can use them on a 14or-1 basis to lower the number of employee commute trips they would otherwise have to reduce to achieve their applicable AVR goal for a given-year. 3. TRCs issued by the District can be bought and sold on an open market by all participants in 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-Verifrable.-.AVR.Survey as-described in Section C. (Definitions). The AVR survey methodology:used by the Applicant must be verified by the APCD. The number of TRCs earned by the Applicant will be determined by the APCD through review of the verified survey results. b. Any employer requesting to bank TRCs earned shall enter into an agreement with the APCD to maintain its Commute Alternative'Program for the life of the TRC. If the employer terminates the.Commute•Altemative 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 rand sell TRCs, shall comply with all program requirements as they apply to regulatedemployers. TRC Purchaser's Responsibilities: a. Employers who do not meet the,applicable;AVR goal (as shown in Table 1) may purchase TRCs to offset all or part of the trip reduction strategies they would otherwise have to implement to reach their AVR target. The.Buyer's Commute Alternatives Plan must provide details on the amount of the TRCs purchased, the seller, the life span of the TRCs,and whatever supplemental strategiesJf any, are to be implemented by the buyer. The Buyer shall maintain the iapproved program for the life of the TRCs purchased. b. An employer who has purchased TRCs from a company that discontinues its CAR program prior to the expiration date of the'TRCs,shall be notified by the APCD that such TRCs are null and void. Within 30 days'of receiving such notice,the Buyer shall consult with APCD staff to determine if additional trip reduction options and %.0"..San�u�ounty APGO 7 supporting strategiesmust be implemented to meet the applicable AVR target. The buyer shall be reimbursed by:the.seller the pro-rated amount of purchase for voided TRCs. APCD's Responsibilities: APCD will be responsible for general- oversight of the Trip Trading Market, including determination of credits earned and banked by applicants for TRCs. a. The APCD will act as "banker"for the Commute Trip Trading Market,tracking TRC's _ as they are earned,sold/bought, expended or expired. b. The APCD shall receive and maintain-records of all TRC transactions, including issuance of the TRC Certificates:for.each.transaction. C. The APCD shall publish a..list each .quarter,of TRCs bought and sold the previous quarter,and the amount of.TRCsI.still available on the open market. d. APCD will provide.TRC Applicants and:Buyers with technical expertise in all phases of the Commute Trip Trading Market. G. SURVEY REPORTING REQUIREMENTS Employers must conduct an annual, verifiable Average Vehicle Ridership Survey to establish whether the performance objectives stated in Table 1 have been achieved. The employee AVR Survey must be conducted not more than 120 days prior to the applicable survey or plan submittal deadline, but must be completed at least 60 days prior to.the deadline. To the.extent possible, surveying should not be conducted during the period from mid-June to mid-September, during Rideshare Week,-or during the period between Thanksgiving and New.Years°Day. AVR for the worksite(s) shall be calculated by_dividiag the number of employee days summed over the survey week by the number of vehicle trips summed over the survey week. The AVR calculation requires that a five-consecutive-weekday average:be used. An averaging period shall be selected which does not contain a holiday. The sum of the applicable..employee population each weekday in the selected averaging period is divided by the total number of vehicles driven by these employees to the worksite during the same averaging period. Employers with multiple worksites may, after receiving approval from the APCO, opt to calculate AVR•as a combined average of the AVR of each worksite. In exercising this option the employer_must insure.that•the criteria for conducting the Verifiable AVR Survey is met. The AVR survey will utilize a survey control sheet which identifies: all employees who report within the survey window; all employees who received a.survey.form;,all employees who returned a survey form;and,an explanation for each survey form not returned. This data will be used to verify employee participation and survey response rate. In submitting the results of the completed survey to,the District within the required time frame, the Employer shall identify the sampling method used ,(Applicable Employee Population or Random Sample) and provide a tally showing the survey response rate, including the number of surveys distributed, the number of surveys completed and returned,and the number of non-respondents. Both the Applicable Employee Population Survey;and Random Sample Survey methodologies prepared by the APCO,and described in detail in the Employee Transportation Coordinator(ETC) Handbook. O ispq County APCO 8 _ /� H. RECORDKEEPING Employers affected by this rule shall maintain and retain records, files and documentation to establish compliance. Retention of such documentation shall occur for not less than three(3)years from the date of initial Notice to Register date, or the adoption date of-thd most current trip reduction plan. This documentation shall be made available for audit and;inspection as described in Section I(Audits). L AUDITS The District may audit the records of any regulated employer, or business selling and/or buying trips on the Trip Trading Market, to verify employment, AVR,.plan implementation or provision of any measure in an approved plan. I DELEGATION TO LOCAL JURISDICTIONS Rule 901 may be implemented by employers and at multi-tenant worksites through a locally adopted commute altematives ordinance. Local jurisdictions-maybe delegated•responsibilityfor implementation of this rule by the APCO if the following criteria are met: 1. The local jurisdiction submits a plan to the APCO that demonstrates adequate resources to adopt, implement, monitor,and enforce an employer-based commute alternatives ordinance, and the District approves the plan. 2. The local jurisdiction adopts a commute alternatives ordinance that includes,at a minimum, all provisions contained in this rule. 3. The local jurisdiction's commute•altematives ordinance includes provisions to submit annual progress reports to the APCO containing the following information: a. list of employers, multi-tenant worksites, and others subject to the local ordinance. b. summary of results of all AVR surveys. C. number of employer plans required and the number of plans approved/disapproved. d. total costs of program and average cost.per employee. e. number and type of enforcement actions during preceding year. f. anticipated program modifications for the coming year. A local jurisdiction, in lieu of meeting the above requirementsi may provide a demonstration that the final year 2000 performance objectives are currently achieved on an aggregate basis for all applicable work sites within its jurisdiction. Such demonstration must utilize.methodology approved by the APCO and a commitment and plan to repeat the demonstration once'every three(3)years. Failure of the local jurisdiction to comply with the requirements of this section may result in suspension, or revocation of District delegated authority. K EXEMPTIONS Any employer subject to a local ordinance which requires the provision of trip reduction measures by that employer is eligible for exemption from the requirements of this Rule. an ispn County APCO 9 1. The APCO shall determine if the requirements of a local ordinance are at least as effective as this rule in increasing AVR at the employer's worksite, and shall notify employers in the jurisdictions in which such ordinances ;have,been.adopted. 2. In the event that the local ordinance:under.,which::the employer qualified for exemption is amended so that it is no longer as.eff,ective-as this Rule in.increasing AVR,or in the event that the local ordinance under which the employgri.qualifed for the exemption is rescinded, the exemption is void. The APCO shall notify the employer that the exemption is void and the employer must submit a plan to the APCO which meets the requirements of this rule within 120 calendar days of the date of receipt of the notification of the voided exemption. L. ALTERNATIVE COMPLIANCE OPTION . At the option of the employer, the Commute Alternatives Plan may include an alternative emission reduction program that demonstrates that the measures included in such program will achieve emission reductions equal to or greater than those.that.would'have.been-realized if the performance objectives were achieved,and that these alternative measures are notrequir by any other federal, State, or local control measure or regulatory requirement.. Such,an.alternative emission reduction program shall _. -,:include an update or progress monitoring report to be submitted at least every two years. M. COMPLIANCE CRITERIA If the employer complies with all provisions of Rule:901, and.fully.implements all measures of an approved commute alternatives plan, and,still fails-to meet the,AVR targets in Table 1, such failure is not a violation of this Rule. District staff will provide assistance and expertise to affected employers on program development, administration,. and.monitoring. The, focus of District support will be on corrective action and prevention of potential:non-compliance situations to help employers remain in compliance with this rule. There will be six separate and distinct criteria for judging compliance with this rule: 1. Timely and accurate response to the Notice to:Register and.Notice of Plan Preparation. 2. Appointment of an.Employee Transportation..Coordinator or.an APCO-approved alternate. 3. Conducting an annual,verifiable AVR Sur'""' to.monitor progress toward the applicable AVR target, and submitting the results to.the AP,CQ within the required time frame. 4. Full implementation of all trip reduction options and strategies described in the approved commute alternatives plan(if apnlicable)., 5. . Making available for audit and/or..mspect'op;..by:the. APCO or his designee, upon request, evidence or supporting documentatio_ n.pertaining to.all trip.reduction options and supporting strategies and activities implemented at a given worksite. 6. Timely reporting of all required information to the APCO. N. VIOLATION Failure to comply with any provision of this rule constitutes a violation of.this rule, except if the employer complies with all applicable requirements and fails to meet the AVR performance objective, such failure shall not constitute a violation. :Employers;of fewer than 100 employees, who participate voluntarily in the Commute Alternatives'Program,,and who do not'intend to sell TRC's on the Trap Trading Market, are exempt the provisions of this rule. San... ispd County APCD 10 / O. PENALTIES Facilities found to be not in compliance with this rule will be given the opportunity to come into compliance before issuance of a Notice of Violation(NOV)or other enforcement action by the District. When it is determined that a business is in non-compliance,a letter from the APCO will be sent to the employer describing the deficiency,suggested corrective action to be taken, and recommended measures to prevent further occurrences. The employer will have thirty.(30) days from receipt of the letter to respond in writing describing the circumstances of.the situation;that the deficiency has been corrected, or to describe any extenuating circumstances preventing.correction of the deficiency. If the deficiency remains after the prescribed time period, and if agreement on appropriate action has not been reached, a Notice of Violation may be issued. If an NOV is issued for a deficiency, then the Penalty Schedule shall apply. P. FEES There will be no filing fees for the initial submission and APCD review of Commute Alternatives Plans. There will also be no fee for resubmitting a plan that has been revised to reflect District comments on the initial submission. There will be a $200.00 filing fee charged for each subsequent resubmittal required if the first revision to the trip reduction plan is disapproved by the District. Q. EMPLOYEE NOTIFICATION An employer shall facilitate the participation of employees and employee organizations in the development and implementation of Commute Alternatives Programs by providing the following information to its employees at the times specified below: 1. Information explaining the requirements and applicability of this rule to the employer and its worksite(s) within 30 days of responding to the Notice to Register. This information will be 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 may be provided through employee bulletins, notices posted on bulletin boards, articles in any newsletter generally circulated or provided to employees, or any other reasonable means to assure that employees have adequate opportunity for input in the development of the commute alternatives options and strategies, and are informed about the full range of such options and strategies available at the worksite. R COLLECTIVE BARGAINING DISCLAIMER Nothing contained in this rule shall be construed to abrogate any existing collective bargaining agreement(s)between the employer and employees. Sans Obispo County APCO 11 - EXHIBIT,-S Combined within these two broad categories of programs, market-based programs have proven successful in modifying travel behavior. Market-based programs focus on bringing the societal cost of an individuals activities back to the individual through user fees. Revenue generated this way can be utilized to develop and operate alternatives which reduce congestion and air pollution. For example when a price is charged for parking, alternatives to the Single Occupancy Vehicle (SOV) predictably become more economically attractive. The revenue gained can be used to subsidize transit passes. One of the more effective parking programs is known as the"parking cash-out program". Recent changes in California law require Congestion Management Plans to address such programs. The parking cash-out program is an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent.to.the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. A parking cash-out program may include a requirement that employee participants certify that they will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with the provision that employees not complying with the guidelines will no longer be eligible for the parking cash-out program. Transportation planners and elected officials generally agree that charging for parking atworkskes to subsidize transit passes and other alternative transportation modes would improve traffic congestion and air quality. However, .it is generally believed that at the present time such measures are too drastic given the current level of traffic congestion, air quality, and economic conditions. Nevertheless, a parking pricing program for-public agencies and private businesses with over 100 employees that report to work during peak hours may be appropriate in San Luis Obispo County at some time in the near future. This issue should be reconsidered in the 1995 Plan update. A review of local Transportation Control Measures and trip-reducing programs appears at the end of this element, together with a synopsis of the current progress each has made in air quality and trip reduction. PROPOSED TRIP REDUCTION &TRAVEL DEMAND ORDINANCE The Air Pollution Control District is currently developing a Trip Reduction Ordinance called Rule 901. The rule contains requirements for employers with more than 100 employees to plan for employee commutertrip reduction. The establishment of Employee Transportation Coordinators, who conduct employee baseline surveys and prepare plans for reducing trips are all part of this Rule. The rule would be enacted by the Air Pollution Control District, encompassing the same geographic area as the Plan. The initial approach to the Ordinance component of the Plan was to incorporate fully the APCD rule for Trip Reduction. This continues to be the main thrust of the Plan element. However, the Rule has been two years in refinement, and implementation has recently been postponed again. It is unclear whether an ordinance will eventually be adopted. To handle this, two optional approaches are presented in this plan. OPTION A - Ratify Rule 901 by 12/94. If the Air Pollution Control District proposal for Rule 901 is adopted prior to December 1, 1994, local jurisdictions may adopt the Rule and it will serve as the Transportation Demand Management Ordinance for the Plan. No further rule is required, but jurisdictions can, at their option,adopt any of the alternative programs described in Option B to provide a local model for programs that reduce congestion and improve air quality. Enactment of this option will only require each jurisdiction to formally adopt the Ordinance as delineated in Rule 901. r /� 1993 CMP Trip Reduction and Travel Demand Management page 6.2 OPTION B-Adopt a local Transportation Demand Management Ordinance by 3/31/95 which meets the following minimum requirements: 1. Rideshare Center or Coordinator 2. Program-Oriented Strategy 3. Planning Strategies If no rule Is adopted by the Air Pollution Control District by December 1, 1994, or If a local jurisdiction does not desire to-adopt an ordinance ratifying Rule 901, then they must adopt by ordinance a trip reduction/travel demand program as..described below. Each jurisdiction may create and adopt its own Trip Reduction Program (TRP) but it must include certain minimum requirements described in this section. A minimum of three trip reduction strategies are required for the Ordinance in each jurisdiction. Since each jurisdiction is unique in character, each local government will be authorized to craft the specfffcs of its own Ordinance. The three minimum requirements include: designation of an Employer-based Transportation Coordinator (Coordinator) function;developmentof program-oriented trip reduction strategies;and modifications to planning strategies and ordinances to effectuate facility-oriented improvements. Congestion Management Agency staff will assist each jurisdiction in the development of their programs. The Ordinance's shall be adopted by each jurisdiction by March 31, 1995. The minimum requirements are described below. Minimum Requirements under Option B a. Establish an Employer Transportation Coordinator-This requirement includes the (ETC) function and/or Rideshare Information Area. Each jurisdiction is required to designate a ridesharing coordinator for their jurisdiction or establish a dedicated area for rideshare, transit and similar information. An existing or new,full or part-time employee will act as the contact person for the trip reduction strategies implemented by the jurisdiction. With the help of the Regional Rideshare Program, the. Coordinator will distribute information describing transit, ridesharing and non-motorized commute alternatives, at a minimum, to employees of the jurisdiction and the Regional Ridesharing Program. This component of each jurisdiction's program is recommended, although jurisdictions may instead choose to establish a Rideshare Information Area. The Rideshare Information Area should be a display area that acts as a self-help °shopping center"for information on how employees can reduce the number of single-occupant vehicle commute trips. To remain effective, the information will need regular updating and replenishment of schedules/brochures, which will be done by the jurisdiction. Either the Coordinator or the Rideshare Information Area are required.of jurisdictions, with both approaches being recommended. b. Program-Oriented Strategy - Under this option, each jurisdiction is required to develop a program based on the trip reduction strategies noted below. This approach focuses on the public agency as an employer. The program need only apply to the employees of the particular jurisdiction at this time. 1. Establish a guaranteed/emergency ride home policy/program. (suggested) 2. Establish carpool or vanpool programs. 1993 CMP Trip Reduction and Travel Demand Management page 6-3 3. Establish an incentive program. For instance,offer a financial payment orpaid/unpaid time off, for employees who commute via alternative modes of transportation at least three days/week. 4. Establish a parking pricing program. For Instance, charge parking fees for single occupancy vehicles, with the revenues used for subsidizing transit passes, a weekly lottery, or other incentives to modify transportation behavior. 5. Establish a preferential parking program for ridesharing employees. 6. Establish alternative work schedules. Allowcompressed work-weeks such as 4/10, 3/36 or 9/80 schedules where employees report to work fewer days per week but work longer hours. 7. Establish a telecommuting program. 8. Join a Transportation Management Association (TMA). 9. Participate in the APCD's Commute Alternative Program. 10. Establish other trip reduction programs. c. Planning Strategies (Facility-oriented modifications)-Under this option, each jurisdiction is required to integrate travel demand management measures in their land use planning and development process. Local jurisdictions shall modify general plans, specific plans, area plans and corresponding implementing ordinances including; zoning, parking, subdivision and planned unit development ordinances.A variety of strategies are available to promote alternative transportation through the plan review process. Options include, but are not limited to: 1. Modify parking requirements for new developments and either create a transportation fund or allow a reduction of parking requirements for equal to trip reduction. For example, reduce required parking by20%and develop a transportation fund with 80% of the conserved expenditure. The remaining 20%serves as a cost savings incentive for private developers to participate in the program (suggested) 2. Establish a local ordinance for facility improvements to encourage bicycling, walking, transit (such as showers, lockers, bicycle racks, transit shelters etc.)- 3. Establish local ordinance for developing Park and Ride lots. 4. Establish land use policies that encourage mixed-use developments, compact communities, and a balance of jobs and housing. 5. Other facility-oriented strategies. COORDINATION EFFORTS AND RELATIONSHIP TO APCD RULEMAKING 1993 CMP / Trlp Reduction and Travel Demand MaRegement Page 64 Air quality and transportation planners have similar legislative mandates to establish programs that reduce traffic congestion and improve air quality. Programs affecting the transportation system, whether initiated by air districts, local governments or transportation agencies, should be equitable and consistent, but not duplicative. The measures suggested for consideration are consistent with trip reduction options recommended by the Air District Meeting both the requirements of upcoming Air District rules and the guidelines of the Plan will not require a doubling of effort by the jurisdictions. The two programs have .common elements. The draft Commute Alternatives Rule (Rule 901) proposed -by the APCD requires designation of a Coordinator and establishment of an emergencyride. home policy. Beyond these areas of consistency, the Plan requires under Option B that a facility-oriented program be established. With this approach, Congestion Management Agency and Air Pollution Control District staff have worked to ensure that the Trip Reduction Ordinance of the Plan is consistent and complementary with the rules proposed by the APCD. Recent legislation (AB 2107) requires that Air District rules and trip reduction ordinances of the Congestion Management Program not be duplicative. Consequently, If a jurisdiction is captured by the current version of the Commute Alternatives rule they will not be subject to the Coordinator and program-oriented trip reduction strategies as outlined in the Plan. Those jurisdictions with greater than 100 employees would fall under the purview of the Air District to meet those requirements. Nevertheless, modifications to planning strategies would still apply under the Plan to those jurisdictions. EFFECTIVENESS OF THE PROPOSED PROGRAM The program can be as effective as the jurisdiction is aggressive. The programs selected by each jurisdiction should have the greatest return on the level of effort required for their implementation. The designation of a Coordinator is an essential first step. The success of many programs has been attributed to enthusiastic trip reduction coordinators. Jurisdictions in favor of aggressive programs are encouraged to extend trip reduction programs to private businesses in their jurisdictions and to combine a variety of Transportation Demand Management strategies. Local jurisdictions have the development process to review and require trip reduction programs at the local level. Local selection, enforcement and implementation of the facility-oriented ordinance should promote a sense of local commitment and aid in the program's effectiveness. A survey of 1100 employees of San Luis Obispo County in November 1991 clearly showed that establishing a Guaranteed Ride Home program could be one of the most effective programs to address concerns people have with using public transit, carpooling and vanpools. While the Guaranteed Ride Home program is a"service°that would be provided for ridesharers,the leading "incentive"to create a modal'shift, according to the survey, is to offer more vacation time, or time- off for those who do not commute alone by automobile. One interpretation of the survey suggests that the most valuable commodity to employees is time. Paid or unpaid, each jurisdiction may experiment to see what motivates their employees to rideshare more often. TIME FRAME FOR LOCAL AGENCY ADOPTION Option A - Jurisdictions are required to ratify Rule 901 within three months following adoption by the APCD. Trip reduction programs should be operational by the time specked in the language of the Rule. Option B-Jurisdictions are required to adopt trip reduction ordinances by March 31, 1995. TT 1993 CMP Trip Reduction and Travel Demand Management Page 65 Trip reduction programs should be operational by July 1, 1995. ENFORCEMENT Option A - Monitoring and enforcing Rule 901 will be the responsibility of APCD. Option B - Monitoring and enforcing the trip reduction efforts is the responsibility of the respective jurisdictions. The trip reduction ordinances should include a speck quantified progress/status report to SLOCOG. This will be required by SLOCOG goal against which results can be measured. Each jurisdiction will annually provide a written compliance review as documented in the Monitoring and Compliance as a part of annualelement DESCRIPTION OF CURRENT PROGRAMS AND EFFORTS San Luis Obispo Clean Air Plan - The Air Pollution Control District was the lead agency In preparing Transportation Control Measures for the 1991 Clean Air Plan. Six (6) additional measures were proposed for further study. Following are summaries of each measure: a. Commute Alternatives Program (Rule 901) - This program is a phased employer based trip reduction program to reduce commute vehicle trips and vehicle miles traveled through carpooling, transit, walking, bicycling, and other alternative travel modes. When adopted, this program will require employers to prepare and implement trip reduction programs sufficient to achieve a target Average Vehicle Ridership (AVR). Businesses subject to the rule will be required to prepare a site specific trip reduction plan, designate a transportation coordinator, adopt an emergency ride home policy and maintain an on-site information center. Status: Whether or not final adoption and implementation of this speck program will occur is currently in question. A number of legislative proposals would modify the air district's ability to enact rules. The Air Pollution Control District cannot include employers with less' than 100 employees. Nevertheless, the program is expected to move forward with a voluntary component for businesses with less than 100 employees. b. School-Based Trip Reduction Program (TRP) - The phased school-based trip reduction program aims to reduce the number of student commute vehicle trips during peak school hours and midday private vehicle trips. The program requires schools with students 16 years old or older who arrive between 6:00 a.m. and 7:00 p.m. to implement trip reductions programs to encourage students to walk, bicycle, ride transit, or carpool. Status: The Air Pollution Control District is currently working with an.advisory group made up of representatives from the affected schools to develop a proposed rule for adoption by the APCD Board. c. City of San Luis Obispo Transit Improvements - This measure aims to improve transit service by increasing service frequency to capture a significant number of new riders who currently commute in single occupant vehicles. About 80%of these newtransit riders would be destined for Cal Poly,the remaining 20%to other designations. A cooperative agreement between affected agencies and the Air Pollution Control District is scheduled to be developed to improve local transit service, thereby capturing new riders. 1993 CMP Tr/p Reduction and Travel Demand Management Page