Emeryville Municipal Code Art. 7 Administrative Requirements

Employers of one hundred (100) or more employees and employment centers with one hundred (100) or more employees at the work site become subject to this chapter effective July 1, 1994. Employers of fifty (50) to ninety-nine (99) employees and employment centers with fifty (50) to ninety-nine (99) employees at the work site become subject to this chapter effective July 1, 1995.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

(a) An employer of one hundred (100) or more employees shall facilitate the participation of employees and employee organizations in the development of Employer Trip Reduction Programs, and Employer Trip Reduction Plans by providing the following information to its employees at the times specified below:

(i) Information explaining the requirements and applicability of this chapter to the employer and its work site(s) prior to or at the time of registration pursuant to Section 5-26.7.5;

(ii) The content and implementation schedule of the Employer Trip Reduction Program required by Section 5-26.7.9 during its development;

(iii) The content, implementation schedule, and availability of the Employer Trip Reduction

Plan required by Section 5-26.7.10, as applicable, at least thirty (30) days prior to the submittal of the Employer Trip Reduction Plan to the TRPA.

(b) Notification may be provided through employee bulletins, notices posted on bulletin boards, articles in any newsletter generally circulated or provided to employees, or any other reasonable means to assure that employees have adequate opportunity to participate in the development of trip reduction programs and measures, and are informed about the full range of trip reduction programs and measures available at the work site.

(c) The notice shall identify the Employee Transportation Coordinator and/or the Employer Program Manager within the organization to whom comments and suggestions can be submitted and questions addressed.

(d) Employers of fifty (50) to ninety-nine (99) employees shall provide the following information to their employees prior to or at the time of registration pursuant to Section 5-26.7.5:

(i) Information explaining the requirements and applicability of this chapter to the employer;

(ii) The name and telephone number of the Employee Transportation Coordinator within the organization to whom comments and suggestions can be submitted and questions addressed.

(e) Employment centers shall provide the following information to their commercial tenants prior to or at the time of registration pursuant to Section 5-26.7.5:

(i) Information explaining the requirements and applicability of this chapter to the employee center;

(ii) The name and telephone number of the Employee Transportation Coordinator within the organization to whom comments and suggestions can be submitted and questions addressed.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

All employers or employment centers must have an ETC(s) as specified within this section. Employers or employment centers shall appoint an ETC for each affected work site. ETCs must complete BAAQMD certified training curriculum within nine (9) months of the effective dates of the ordinance codified in this chapter as specified in Section 5-26.7.1 or within six (6) months of appointment when appointed after the initial nine (9) month time frame. Employers and employment centers may apply to the TRPA for a waiver from the Warning requirement when an ETC has one (1) or more years of experience in trip reduction or equivalent skills. An ETC may also serve as the Employer Program Manager provided that the individual meets the criteria specified in Section 5-26.5.13. Nothing in this section shall be construed to indicate that an employer or employment center must employ an additional employee or obtain outside services to act as an ETC(s).

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

All employers and employment centers must have an Employer Program Manager as specified in this section. Employers shall appoint an Employer Program Manager. Employers and employment centers with multiple affected work sites within the jurisdiction may appoint one (1) Employer Program Manager for more than one (1) work site. An Employer Program Manager may also serve as the ETC provided that the individual meets the requirements of Section 5-26.7.3. Nothing in this section shall be construed to indicate that an employer or employment center must employ an additional employee to act as an Employee Program Manager.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

Public and private employers and employment centers with fifty (50) or more employees at a single work site within the jurisdiction shall register with the TRPA as follows:

(a) Registration shall be submitted to:

Trip Reduction Program Advisor

City of Emeryville

2200 Powell Street, 12th Floor

Emeryville, CA 94608

(b) All employers of more than fifty (50) employees and employment centers registration shall include the following information contained in this subsection:

(i) Employer or employment center name and mailing address;

(ii) Separate identification of each work site(s) including locational address;

(iii) Employee Transportation Coordinator and Employer Program Manager name and telephone number for each work site(s);

(iv) The total number of employees reporting or assigned to each work site(s);

(v) The total number of employees who start work at each work site(s) during the peak period.

(c) Employers of more than fifty (50) employees and employment centers claiming an exemption pursuant to Section 5-26.2.2 shall provide the following information contained in this subsection:

(i) Employer name and mailing address;

(ii) Name, mailing address, and telephone number of a contact person;

(iii) Separate identification of each work site(s) including work site name and locational address;

(iv) The total number of employees reporting or assigned to each work site(s);

(v) The total number of employees who start work at each work site(s) during the peak period.

(d) Employers of one hundred (100) or more employees that have work sites with one hundred (100) or more employees in other jurisdictions requesting an exemption pursuant to Section 5-26.2.3 shall provide the following information contained in this subsection for work sites within this jurisdiction:

(i) Employer name and mailing address;

(ii) Name, mailing address, and telephone number of the Employer Program Manager appointed to comply with Bay Area Air Quality District Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers for any work sites within this jurisdiction;

(iii) Name, mailing address, and telephone number of the Employee Transportation Coordinator appointed to comply with Bay Area Air Quality District Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers for any work sites within this jurisdiction;

(iv) Separate identification of each work site(s), including work site name and locational address within this jurisdiction;

(v) The total number of employees reporting or assigned to each work site(s) within this jurisdiction;

(vi) The total number of employees who start work at each work site(s) during the peak period within this jurisdiction.

(e) Employers and employment centers are required to register with the TRPA as follows:

(i) Employers and employment centers who become subject to this chapter on July 1, 1994 pursuant to Section 5-26.7.1 must register with the TRPA by September 30, 1994.

(ii) Employers and employment centers who become subject to this chapter subsequent to the schedule above due to an increase in employees or the establishment of a new or expanded work site shall register with the TRPA within ninety (90) days of becoming subject to this chapter.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

Employers of one hundred (100) or more employees must conduct employee transportation surveys as specified in this section to establish whether the performance objectives listed in Section 5-26.6.1 have been achieved. Employment centers with one hundred (100) or more employees at the work site must conduct employee transportation surveys as specified in this section in order to access commute behavior.

(a) Employers or employment centers with one hundred (100) or more employees at the work site shall conduct an employee transportation survey consistent with the procedure contained in Section 5-26.9.1. Employers or employment centers with one hundred (100) or more employees must submit the survey responses to the TRPA in accordance with the schedule contained in Section 5-26.7.6(f).

(b) An employer or employment center of one hundred (100) or more employees at the work site has the option of processing the employee transportation surveys on site or having the surveys processed by an outside entity. Survey processing must be consistent with the procedures contained in Section 5-26.9.1, verifiable records must be maintained, and the survey results are to be submitted to the TRPA in accordance with the schedule contained in Section 5-26.7.6(f).

(c) An employer of one hundred (100) or more employees may use a random sample employee survey method consistent with Section 5-26.9.2 for work sites where four hundred (400) or more employees start work during the peak period. The TRPA will notify employers of one hundred (100) or more employees of the due date for subsequent-year surveys.

(d) Employers of one hundred (100) or more employees shall conduct employee transportation surveys annually unless a work site demonstrates that a future-year performance objective is achieved. These work sites are required to survey every other year as long as future-year performance objectives continue to be achieved. Employment centers with one hundred (100) or more employees at the work site shall conduct an employee transportation survey every three (3) years, in accordance with the schedule contained in Section 5-26.7.6(f).

(e) An employer or employment center of one hundred (100) or more employees at the work site shall not offer any special incentives or disincentives in addition to its regular Employer Trip Reduction Program during the survey week. This limitation does not apply to activities undertaken in response to a District forecast exceedance day, e.g., the "Spare the Air" Campaign.

(f) Employee transportation surveys are to be conducted as follows:

(i) Employers subject to this chapter July 1, 1994, with work sites of five hundred (500) or more employees must conduct an employee transportation survey at those work sites by November 30, 1994.

(ii) Employers subject to this chapter July 1, 1994, with work sites of one hundred (100) to four hundred ninety-nine (499) employees must conduct an employee transportation survey of those work sites by May 31, 1995.

(iii) Employment centers, subject to this chapter July 1, 1994, with work sites of one hundred (100) or more employees must conduct an employee transportation survey at those work sites in 1996 and 1999. The TRPA will notify employment centers of the due date of these surveys. Employment centers, who become subject to this chapter, subsequent to July 1, 1994, due to an increase in employees at the work site or the establishment of an expanded work site must also conduct an employee transportation survey in 1996 and 1999.

(iv) Employee transportation survey forms are to be submitted to the TRPA within forty-five (45) days of the survey week if the jurisdiction will be processing the survey forms.

(v) Employee transportation survey results are to be submitted to the TRPA within ninety (90) days of the survey week if the employer, employment center or another entity will be processing the survey forms.

(vi) Subject to TRPA approval, an employee transportation survey conducted prior to the effective dates of the ordinance codified in this chapter may be submitted to fulfill the requirements of this subsection provided that:

(1) The survey was conducted no earlier than January 1, 1994; and

(2) It provides sufficient data to calculate the performance objective pursuant to Section 5-26.9.1.

(g) Employers who become subject to this chapter subsequent to the schedule above due to an increase in employees or the establishment of a new or expanded work site shall conduct an employee transportation survey within six (6) months after meeting the requirements of Section 5-26.7.5. The dates in Sections 5 26.7.6(f) (iv) and (v) apply regarding submittal to the TRPA.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

Employers of fifty (50) to ninety-nine (99) employees and employment centers shall conduct an Employer Trip Reduction Information Campaign, as follows:

(a) The Employer Trip Reduction Information Campaign shall provide information about reasonable methods or approaches for providing, supporting, subsidizing, and/or encouraging the use of trip reduction services, incentives, or measures, such as indicated in Section 5-26.5.20.

(b) The Employer Trip Reduction Information Campaign must include, at a minimum, the following:

(i) Company policy that encourages employees or commercial tenants to participate in trip reduction measures;

(ii) Provision of trip reduction information to all new employees or commercial tenants within two (2) weeks of employment or lease, including but not limited to the following:

(1) The name and telephone number of the Employee Transportation Coordinator,

(2) A copy of the company policy encouraging employees or commercial tenants to participate in trip reduction measures,

(3) Information regarding trip reduction programs and measures available at the work site;

(iii) Quarterly communication to all employees or commercial tenants of the existence of trip reduction alternatives;

(iv) Posting or other method of distributing trip reduction information supplied by the jurisdiction to employees or commercial tenants.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

Employers of fifty (50) to ninety-nine (99) employees and employment centers shall prepare and submit an annual Employer Trip Reduction Information Campaign Plan, as specified in this section, for implementing an Employer Trip Reduction Campaign, as required by Section 5-26.7.7. The Employer Trip Reduction Information Campaign Plan must include, but is not limited to including, the type of materials distributed, the methods of distribution, and an implementation schedule. The Employer Trip Reduction Information Campaign Plan shall be submitted to the TRPA, after six (6) months pursuant to Section 5-26.7.1. The TRPA will notify employers of fifty (50) to ninety-nine (99) employees and employment centers of the due date of subsequent Trip Reduction Information Campaign Plans.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

Employers of one hundred (100) or more employees shall conduct an Employer Trip Reduction Program as specified in this section. Within six (6) months of the end of the survey week for the first employee transportation survey conducted pursuant to Section 5-26.7.6 employers shall develop and implement an Employer Trip

Reduction Program. The Employer Trip Reduction Program is only submitted to the TRPA for work sites subject to Section 5-26.7.10.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

(a) Employers of one hundred (100) or more employees that do not achieve the performance objectives established in Section 5-26.6.1 for the applicable year at any work site subject to this chapter shall prepare and submit an Employer Trip Reduction Plan for that work site to the TRPA within one hundred twenty (120) days of a determination that the performance objective was not achieved. An employer of one hundred (100) or more employees may submit a consolidated plan that covers multiple work sites. The TRPA will issue a determination that the performance objective has not been achieved based upon information received pursuant to Section 5-26.7.6.

(b) The Employer Trip Reduction Plan shall contain the following contained in this section:

(i) A description of the measures taken to comply with Section 5-26.7.2;

(ii) All the information required by Section 5-26.7.5(b);

(iii) A detailed description and inventory of measures contained in the Employer Trip Reduction Program developed and implemented pursuant to Section 5-26.7.9, including a list of specific trip reduction measures already implemented, such as those listed in Section 5-26.5.20;

(iv) A description, schedule, and commitment to implement additional or enhanced measures which includes all reasonable, feasible, and cost-effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives. The plan should include appropriate measures from the categories of measures listed in Section 5-26.5.20 and other measures (if any) designed to address unique characteristics of the work site;

(v) Summary and discussion of the results of an attitudinal survey of employees or an employer/employee work group designed to ascertain employee attitudes toward various incentive and disincentive measures;

(vi) A discussion of the progress achieved to date and an analysis of why the Employer Trip Reduction Program did not achieve the performance objective, including special issues, circumstances, or conditions at the work site;

(vii) A budget indicating all current and projected expenditures for the Employer Trip Reduction Program;

(viii) The plan shall be submitted by the highest ranking responsible official of the employer at the work site or each work site when a consolidated plan is submitted that covers multiple work sites.

(c) The TRPA shall approve and the employer shall implement an Employer Trip Reduction Plan that includes all reasonable, feasible, and cost-effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity, and the geographical distribution of employees relative to the work site. The TRPA shall disapprove any plan that does not meet the above specified approval criteria.

(d) An employer shall revise and resubmit to the TRPA any disapproved plan within ninety (90) days of the disapproval. If the revised plan is disapproved, the employer has one (1) additional ninety (90) day opportunity to revise and resubmit a plan before final disapproval. Final disapproval is a violation of this chapter subject to penalty.

(e) An employer may appeal any TRPA disapproval of its Employer Trip Reduction Plan pursuant to Section 5-26.7.11.

(f) An employer subject to this section shall update its Employer Trip Reduction Plan once every two (2) years after plan approval until such time as the performance objective is achieved. Such plan updates are to be submitted every two (2) years to the TRPA on or before the anniversary date of plan approval.

(g) An employer subject to this section shall continue to meet the requirements of Section 5-26.7.6.

(h) An employer shall revise and resubmit its Employer Trip Reduction Plan within ninety (90) days of a final determination that an element of an approved Employer Trip Reduction Plan violates any provision of law is issued by an agency or court with jurisdiction to make such determination.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

An employer may appeal an Employer Trip Reduction Information Campaign Plan and/or Employer Trip Reduction Plan disapproval made pursuant to Section 5-26.7.10 to the Employer Trip Reduction Appeals Committee following the procedures listed below:

(a) The employer submits a written Notice of Appeal to the TRPA within thirty (30) days of plan disapproval;

(b) The TRPA shall notify the Employer Trip Reduction Appeals Committee of the appeal and the Employer Trip Reduction Appeals Committee will convene to hear the appeal;

(c) The Employer Trip Reduction Appeals Committee shall issue its decision on the appeal within thirty (30) days after the close of the hearing.

(d) The due date for revised Employer Trip Reduction Information Campaign Plans and/or Employer Trip Reduction Plans pursuant to Section 5-26.7.10(f) will be suspended during the appeal process authorized by this section.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)