HomeMy WebLinkAbout10/03/1995, C-2 - GIVING FINAL PASSAGE TO A TRIP REDUCTION AND TRAVEL DEMAND ORDINANCE AS REQUIRED BY THE 1994 CONGESTION MANAGEMENT PROGRAM (CMP). ����iuI�111IWlllil�0 II M D
TING E:
city of san Luis OBISPO
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COUNCIL AGENDA REPORT 'TEM FE
FROM: Michael McCluskey, Public Works Director
Terry Sanville, Principal Transportation Planner
SUBJECT: Giving final passage to a Trip Reduction and Travel Demand Ordinance as
required by the 1994 Congestion Management Program (CMP).
CAO RECOMMENDATION: Give final passage to Ordinance # 1284 as introduced on
September 19, 19955, to establish a travel demand and trip
reduction program.
DISCUSSION '
At its September 19, 1995 meeting, the City Council held a public hearing and introduced and
passed to print Ordinance # 1284 establishing a travel demand and trip reduction program. The
program will go into effect 30 days after final passage of the ordinance.
ATTACHMENTS
Ordinance # 1284
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ORDINANCE NO. 1284(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 95089.3
WHEREAS, in June, 1990, Califomia 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
WHEREAS, the adopted CMP for the San Luis Obispo region allows each jurisdiction
to ratify an existing Employer-based Trip Reduction Ordinance adopted by the Air Pollution
Control Distract (APCD) to comply with the provisions of the Congestion Management Program;
and
WHEREAS,, this ordinance is intended to comply with the CMP's requirements for a
TDM Ordinance; and
WHEREAS, the APCD adopted an employer-based trip reduction rule known as Rule 901
on May 24, 1995; and
WHEREAS, the requirements of 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
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1284
Ordinance No. 1284 (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 19th day of September 1995, on motion of
Vice Mayor Romero ,seconded by Council Member Smith ,and on the following
roll call vote:
Ayes: Council Members Romero, Smith, Roalman, Williams and Mayor Settle
Noes: None
Absent: None
Mayor Allen K. Settle
ATTEST:
ity Jerk
B Kim Condon, Assistant City Clerk
APPROVED:
Aiett7ooreeff2� Jorgensen -
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Exhibit A
RULE 901. COMMUTE ALTERNATIVES RULE
A. PURPOSE
The purpose of this rule is to improve ambient air quality by reducing air pollutant emissions that result
from employee commute trips, and trips attracted to worksites with 100 or more employees.
B. APPLICABILITY
The rule applies to all public and private employers with 100 or more employees. The effective dates
for determining progress toward achieving average vehicle ridership (AVR) goals are given in Table
1:
TABLE 1
Action Employers
of 100 or More
Employees.. .
Conduct baseline AVR survey 1995
Demonstrate 1.25 AVR 1997
Demonstrate 1.33 AVR 1998
Demonstrate 1.41 AVR 1999
Demonstrate 1.50 AVR 2000
C. DEFINITIONS
For the purpose of this Rule,the following definitions apply:
AIR POLLUTION CONTROL OFFICER(APCO): The Air Pollution Control Officer of the San Luis
Obispo County Air Pollution Control District(District)or the designee thereof.
APCD HEARING BOARD: Five member Board appointed by the Air Pollution Control Board of San
Luis Obispo County pursuant to Division 26, Part 1, Chapter 8, Article 1,of the California Health and
Safety Code with the powers and duties prescribed for Hearing Boards in Chapter 8, Division 26, of
the California Health and Safety Code.
APPLICABLE EMPLOYEE POPULATION: The applicable employee population is all employees who
report to a worksite weekdays between 6:00 a.m. and 10:00 a.m. and all employees who are
telecommuting (i.e. working from home or a telecommuting center) or who have a scheduled day off
during the week as part of a compressed work week schedule.
AVERAGE VEHICLE RIDERSHIP CALCULATIONS: AVR for worksite(s) shall be calculated by
dividing the number of employee days summed over the survey week by the number of vehicle trips
summed over the survey week.
San Luis Obispo County APCD1
ATTRACTED VEFECLE 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 WORK WEEK: A regular full-time work schedule that eliminates at least one round-
trip commute trip(both home-to-work and work-to-home)at least once every two (2) weeks. Examples
include, but are not limited to, working three twelve hour days(3/36) or four ten-hour days (4/40)
within a one week period; or eight nine-hour days and one eight hour day (9/80) within a two week
period.
DISABLED EMPLOYEE: An employee with a physical impairment that prevents the employee from
traveling to the work site by means other that a single-occupant vehicle, and who has been issued a
disabled person placard or plate from the Department of Motor Vehicles.
EMPLOYEE: Any person employed by a person(s), firm, business, educational institution, non-profit
agency, or corporation,.government or other entity. The term excludes the following as defined else
where in this rule: seasonal employees; temporary employees; volunteers; field personnel; and field
construction workers.
EMPLOYEE DAY: Each day of the survey week that an employee starts to work during the peak
period. Notes: Employees telecommuting or who are off due to a compressed work week schedule
are counted toward the total employee days. Employees on vacation, sick leave, jury duty, or other
time off, and employees reporting to a different worksite or an off-site work related activity are not
counted toward the total employee days.
EMPLOYEE TRANSPORTATION COORDINATOR(ETCI: 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.
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San Luis Obispo County APD 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 ,vith 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 TMA/TMO, upon
approval of the APCO. A partial list of services a TMA may offer includes:
San Luis Obispo County APCD 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 in the TMA definition above. A TMO would not be
confined to a single geographic area but could solicit business throughout the county and could do
business with one employer or a group of employers in an area.
TRIP REDUCTION PLAN (TRP): A TRP is a document submitted to the APCO for review and
approval which details trip reduction options and supporting strategies,the implementation schedule and
budget the employer will use to achieve the reduction in single occupant vehicle trips required to meet
the AVR goals established by the District.
VANPOOL: A vehicle occupied by seven (7) to fifteen (15) people traveling together between their
residence and their worksite or destination for the majority of the total trip distance. Employees who
work for different employers,as well as non-employed people are included within this definition as long
as they are in the vehicle for the majority of the total trip distance.
VEHICLETA PLOYEE RATIO NER): VER is the number of vehicles.used by employees who report
to the work site from 6:00 a.m. to 10:00 a.m., Monday through Friday, divided by the number of those
employees averaged over the survey week, as calculated from data gathered from the AVR Survey.
VER is the reciprocal of AVR. The District will accept AVR calculated by this method.
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 County APD 4
Table 2
TRII'.:MODE _ NUMBER OF.YEHICLE_ R S`
COUNTED
Single-occupant vehicle 1 vehicle trip
Motorcycle,moped,motorized scooter,or 1 vehicle trip
motor bike
Carpool 1 vehicle trip divided by the number of
people in the carpool
Vanpool I 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 vehicle trip on employee's compressed
day(s)off
Zero Emission Vehicle(ZEV) 0 vehicle trip
VOLUNTEER: A person who does not receive any wages for work activity at the work site.
WORKSITE: A structure, building, portion of a building, or grouping of buildings that are in actual
physical contact or separated solely by a private or public roadway or other private or public right-of-
way, and that are occupied by the same employer.
WORKSITE EMPLOYEE THRESHOLD: 100 employees at a single worksite, on an average daily
basis, for a 90-day period provided at least 50 employees are normally scheduled to report to the
worksite on a daily basis during the peak commute period.
D. ADNUMSTRATIVT REOUIREMEI\'TS
Requirements for All Employers of 100 or More Employees
All employers of 100 or more employees shall comply with the following minimum
administrative requirements:
a. Respond to the Notice to Register which shall be sent or delivered to the employer,
provide all information requested, and return that information within 20 business days
of receiving the Notice.
an is Obispo County A CD 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.
C. Conduct an annual Average Vehicle Ridership (AVR) survey in accordance with the
schedule in Table 1. (Surveys are to be conducted using the methodologies described
in Section G below and the results submitted to the District for review.)
Requirements for Employers Who Achieve AVR Tareets 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 Emolovers 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 trip reduction plan.
e. The employer shall conduct the next scheduled AVR survey as shown in Table 1 and
submit the results to the District for review.
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.
San is Obispo County AP -
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4. Work cooperatively with TMA's and the Rideshare Office to provide a broader base of
assistance to employers in developing and implementing an effective program.
F. TRIP TRADING MARKET
The District will develop a program which allows Trip Reduction Credits (TRCs) to be earned by
businesses that have exceeded the applicable AVR goal. Employers not affected by this rule may
participate in the TRC program, provided they comply with all the requirements for affected employers
listed below.
1. Businesses can apply for, and earn, one TRC for each trip reduced beyond those required to
achieve the applicable AVR goal. Each TRC will have a life span of one year from the date
the APCD issues the TRC Certificate.
2. Businesses of 100 or more employees,that purchase TRCs,can use them on a 1-for-1 basis to
lower the number of employee commute trips they would otherwise have to reduce to achieve
their applicable AVR goal for a given year.
3. TRCs issued by the District can be bought and sold on an open market by all participants in
the Commute Alternatives Program, but all transactions, as described in Section F.2, must be
approved by the District.
TRC Applicant Responsibilities:
a. The Applicant must conduct a Verifiable AVR Survey. as described in Section C.
(Definitions). The 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 Alternative program prior to the expiration date of
the earned TRCs, said TRCs shall cease to have value. The employer shall reimburse
all purchasers of said TRCs the pro-rated purchase price of the voided TRCs,and the
TRCs will be cancelled.
C. Employers with less than 100 employees who voluntarily participate in the Commute
Alternatives Program and who earn and sell TRCs, shall comply with all program
requirements as they apply to regulated employers.
TRC Purchaser's Responsibilities:
a. Employers who do not meet the applicable AVR goal (as shown in Table 1) may
purchase TRCs io offset all or part of the trip reduction strategies they would otherwise
have to implement to reach their AVR target. The Buyer's Commute Alternatives Plan
must provide details on the amount of the TRCs purchased, the seller, the life span of
the TRCs,and whatever supplemental strategies, if any, are to be implemented by the
buyer. The Buyer shall maintain the approved program for the life of the TRCs
purchased.
b. An employer who has purchased TRCs from a company that discontinues its CAR
program prior to the expiration date of the TRCs,shall be notified by the APCD that
such TRCs are null and void. Within 30 days of receiving such notice,the Buyer shall
consult with APCD staff to determine if additional trip reduction options and
San LuLs obispo-C-ounty APCD
supporting strategies must be implemented to meet the applicable AVR target. The
buyer shall be reimbursed by the seller the pro-rated amount of purchase for voided
TRCs.
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 TRCs still available on the open market.
d. APCD will provide TRC Applicants and Buyers with technical expertise in all phases
of the Commute Trip Trading Market.
G. SURVEY REPORTING REQUIREMENTS
Employers must conduct an annual, verifiable Average Vehicle Ridership Survey to establish whether
the performance objectives stated in Table 1 have been achieved. The employee AVR Survey must
be conducted not more than 120 days prior to the applicable survey or plan submittal deadline, but must
be completed at least 60 days prior to the deadline. To the extent possible,surveying should not be
conducted during the period from mid-June to mid-September, during Rideshare Week,.or during the
period between Thanksgiving and New Years Day.
AVR for the worksite(s) shall be calculated by dividing the number of employee days summed over
the survey week by the number of vehicle trips summed over the survey week. The AVR calculation
requires that a five-consecutive-weekday average be used. An averaging period shall be selected which
does not contain a holiday. The sum of the applicable employee population each weekday in the
selected averaging period is divided by the total number of vehicles driven by these employees to the
worksite during the same averaging period. Employers with multiple worksites may, after receiving
approval from the 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 APCD,and described in detail in the Employee Transportation Coordinator(ETC)Handbook.
San L6s Obispo County APCD 8 -
-E. RECORDKEEPING
Employers affected by this rule shall maintain and retain records, files and documentation to establish
compliance. Retention of such documentation shall occur for not less than three(3)years from the date
of initial Notice to Register date, or the adoption date of the most current trip reduction plan. This
documentation shall be made available for audit and inspection as described in Section I(Audits).
I. AUDIT
The District may audit the records of any regulated employer, or business selling and/or buying trips
on the Trip Trading Market, to verify employment, AVR, plan implementation or provision of any
measure in an approved plan.
J. DELEGATION TO LOCAL JURISDICTIONS
Rule 901 may be implemented by employers and at multi-tenant worksites through a locally adopted
commute alternatives ordinance. Local jurisdictions may be delegated responsibility for implementation
of this rule by the APCO if the following criteria are met:
1. The local jurisdiction submits a plan to the APCO that demonstrates adequate resources to
adopt, implement,monitor, and enforce an employer-based commute alternatives ordinance, and
the District approves the plan.
2. The local jurisdiction adopts a commute alternatives ordinance that includes, at a minimum, all
provisions contained in this rule.
3. The local jurisdiction's commute alternatives ordinance includes provisions to submit annual
progress reports to the APCO containing the following information:
a. list of employers, multi-tenant worksites, and others subject to the local ordinance.
b. summary of results of all AVR surveys.
C. number of employer plans required and the number of plans approved/disapproved.
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 requirements, may provide a demonstration that the
final year 2000 performance objectives are currently achieved on an aggregate basis for all applicable
work sites within its jurisdiction. Such demonstration must utilize methodology approved by the APCO
and a commitment and plan to repeat thg demonstration once every three.(3)years.
Failure of the local jurisdiction to comply with the requirements of this section may result in
suspension, or revocation of District delegated authority.
K. EXEMPTIONS
Any employer subject to a local ordinance which requires the provision of trip reduction measures by
that employer is eligible for exemption from the requirements of this Rule.
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SanLuis Obispo County APCD 9
I. The APCO shall determine if the requirements of a local ordinance are at least as effective as
this rule in increasing AVR at the employer's worksite, and shall notify employers in the
jurisdictions in which such ordinances have been adopted.
2. In the event that the local ordinance under which the employer qualified for exemption is
amended so that it is no longer as effective as this Rule in increasing AVR, or in the event that
the local ordinance under which the employer qualified for the exemption is rescinded, the
exemption is void. The APCO shall notify the employer that the exemption is void and the
employer must submit a plan to the APCO which meets the requirements of this rule within 120
calendar days of the date of receipt of the notification of the voided exemption.
L. ALTERNATIVE COMPLIANCE OPTION
At the option of the employer, the Commute Alternatives Plan may include an alternative emission
reduction program that demonstrates that the measures included in such program will achieve emission
reductions equal to or greater than those that would have been realized if the performance objectives
were achieved, and that these alternative measures are not required by any other federal, State, or local
control measure or regulatory requirement. Such an alternative emission reduction program shall
include an update or progress monitoring report to be submitted at least every two years.
IVI. COMPLIANCE CRITERIA
If the employer complies with all provisions of Rule 901, and fully implements all measures of an
approved commute alternatives plan, and still fails to meet the AVR targets in Table 1, such failure is
not a violation of this Rule. District staff will provide assistance and expertise to affected employers
on program development, administration, and monitoring. The focus of District support will be on
corrective action and prevention of potential non-compliance situations to help employers remain in
compliance with this rule. There will be six separate and distinct criteria for judging compliance with
this rule:
1. Timely and accurate response to the Notice to Register and Notice of Plan Preparation.
2. Appointment of an Employee Transportation Coordinator or an APCO-approved alternate.
3. Conducting an annual,verifiable AVR Survey to monitor progress toward the applicable AVR
target, and submitting the results to the APCO within the required time frame.
4. Full implementation of all trip reduction options and strategies described in the approved
commute alternatives plan(if applicable).
5. Making available for audit and/or inspection by the APCO or his designee, upon request,
evidence or supporting documentation pertaining to all trip reduction options and supporting
strategies and activities implemented at a given worksite.
6. Timely reporting of all required information to the APCO.
N. VIOLATION
Failure to comply with any provision of this rule constitutes a violation of this rule, except if the
employer complies with all applicable requirements and fails to meet the AVR performance objective,
such failure shall not constitute a violation. Employers of fewer than 100 employees, who participate
voluntarily in the Commute Alternatives Program, and who do not intend to sell TRC's on the Trip
Trading Market, are exempt the provisions of this rule.
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San Luis Obispo CountyAPCD 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 convective 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.
San Luis Obispo County AP 11
EXHIBIT B
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 atworkshes
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 commuter trip 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 12194.
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. /
1993 CMP Trip Reduction and Travel Demand Management Page 64
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 specifics of its own Ordinance. The three minimum
requirements include: designation of an Employer-based Transportation Coordinator (Coordinator)
function;development of program-oriented trip reduction strategies;and modificationsto 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.
e-a-��
1993 CMP Trip Reduction and Travel Demand Management Page 63
3. Establish an incentive program. For instance,offer a financial payment or paid/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. Allow compressed work-weeks such as 4/10,
3136 or 9180 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, speck 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 by 20%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
c-a2-17
1993 CMP Trip Reduction and Travel Demand Management Page 6-4
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 emergency Tide 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 specified
in the language of the Rule.
Option B -Jurisdictions are required to adopt trip reduction ordinances by March 31, 1995.
e0op- a-fie
1993 CMP Trip Reduction and Travel Demand Management Page 6-5
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 specific quantified
goal against which results can be measured. Each jurisdiction will annually provide a written
progress/status report to SLOCOG. This will be required by SLOCOG as a part of annual
compliance review as documented in the Monitoring and Compliance element.
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-she information
center.
Status: Whether or not final adoption and implementation of this specific 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 new transit 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 Trip Reduction and Travel Demand Management Page 6.6