Emeryville Municipal Code Art. 2 Applicability

This chapter applies to all public and private employers with fifty (50) or more employees at a work site and to employment centers (centers) at which fifty (50) or more employees report to work at the work site. This chapter applies only to work sites with fifty (50) or more employees. If an employer has fifty (50) or more employees but no single work site with fifty (50) or more employees, this chapter does not apply to that employer. For purposes of determining the applicability of this chapter, the number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single weekday Monday through Friday during the current calendar or fiscal year. Employment centers will consider all employees of all employers located with the employment center to be part of the center's work site for purposes of registering, developing Employment Trip Reduction Information Campaign Programs, and submitting Trip Reduction Information Campaign Plans.

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

A work site or employment center of fifty (50) or more employees where less than fifty (50) of these employees normally start work during the peak period is exempt from all requirements of this chapter except for the registration requirement. Public and private employers and employment center owners must register these work sites and employment centers pursuant to subsections (c) and (e) of Section 5-26.7.5.

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

Employers of more than one hundred (100) employees that have work sites in other jurisdictions subject to the Bay Area Air Quality Management District Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers, have the option of receiving an exemption from all requirements of this chapter except for the registration requirement. Public and private employers receiving an exemption under this section shall receive an exemption by request in writing to the TRPA and must register pursuant to subsections (d) and (e) of Section 5-26.7.5.

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

Employers of more than one hundred (100) employees may qualify for an exemption from the requirements of this chapter as specified below:

(a) Work sites that achieve the 1999 performance objectives specified in Section 5-26.6.1 as demonstrated pursuant to Section 5-26.7.6 are exempt from all other requirements of this chapter except for this section.

(b) Work sites that meet the requirements of Section 5-26.6.1 must submit to the TRPA, in a format approved by the TRPA, a listing of the measures or reasons for achieving the 1999 performance objectives.

(c) Work sites that meet the requirements of Section 5-26.6.1 must demonstrate continued achievement of the 1999 performance objectives by conducting an employee transportation survey pursuant to Section 5-26.7.6 once every three (3) years.

(d) Work sites that do not continue to demonstrate achievement of the 1999 performance objectives pursuant to (c) above no longer qualify for the exemption provided by this section and become subject to the requirements of this chapter at that time.

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

Construction sites are exempt from the requirements of this chapter. For purposes of this section, (1) "construction" means the on-site fabrication, erection, or installation of a physical structure such as a building, roadway, bridge, etc., and (2) "site" has the same meaning as work site.

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