Article 2 — Employer and Complex Requirements

A. Upon adoption of this chapter, each employer and each complex shall register immediately with the TDM Program Manager. B. An employer and a complex which first becomes subject to this chapter after its adoption, shall register with the TDM Program Manager within ninety (90) days after becoming subject to this chapter. C. Employer and complex registration shall include the following information: name and mailing address of the employer or owner or manager of the complex; separate identification of each work site including the address; the name and telephone number of the designated Employee Transportation Coordinator for each work site or complex; and the total number of employees at each work site and complex. (Ord. 00-06 § 2 (part))

A. Information. To facilitate the participation of employees and employee organizations in the development of employer trip reduction programs and employer trip reduction plans, an employer shall provide the following information to employees at the times specified below: 1. Information explaining the requirements and applicability of this chapter to the complex, or employer before or at the time of registration. 2. The content and implementation schedule of the employer trip reduction program. 3. The proposed content, implementation schedule and availability of the employer trip reduction program at least thirty (30) days before submitting the employer trip reduction plan to the city. B. Manner and Content of Notification. Notification may be by an employee bulletin, a notice posted on a bulletin board, an article in a newsletter generally circulated or provided to employees, or by other reasonable means to assure that employees have adequate opportunity to participate in the development

of trip reduction programs and measures, and are informed of all trip reduction programs and measures available at the work site. The notice shall identify the Employee Transportation Coordinator to whom comments and suggestions can be submitted and questions addressed. (Ord. 00-06 § 2 (part))

An employer or a complex may request an exemption from the TDM Program Manager on the basis of one of the following provisions: A. Employee Minimum Level. The TDM Program Manager may exempt an employer or complex of one hundred (100) or more employees from all requirements of this chapter except registration where less than fifty (50) of these employees normally start work during the peak period. B. Performance Objective Achieved. An employer or complex that meets the 1999 performance objective for VER or AVR is exempt from all other requirements of this chapter except for the following: 1. The employer or complex must submit to the TDM Program Manager a listing of the measures or reasons for achieving the 1999 performance objectives by conducting an employee transportation survey once every three years. An employer or complex that does not continue to demonstrate achievement of the 1999 performance objectives no longer qualifies for the exemption and becomes subject to the requirements of this chapter at that time. C. Construction Site. A construction site is exempt from this chapter. For the purposes of this section, "construction" means the on-site fabrication, erection or installation of a physical structure such as a building, roadway, bridge, etc., and "site" has the same meaning as "work site." D. Written Request. Each request for an exemption must be made in writing to the city. (Ord. 00-06 § 2 (part))

A. Each employer and owner or manager of a complex must designate one or more Employee Transportation Coordinators (ETC) for each complex or employer's permanent work site with more than one hundred (100)

employees. An employer with multiple work sites within the city may appoint one ETC for more than one work site even if the work sites are not situated at adjacent locations. B. Each ETC shall complete a training program certified by the Bay Area Air Quality Management District within nine months of the date this chapter becomes effective, or within six months of appointment when appointed after the initial nine-month time frame. C. The employer or owner or manager may apply to the TDM Manager for a waiver from the training requirement of this section when an ETC has one or more years of experience in trip reduction or equivalent skills. (Ord. 00-06 § 2 (part))

A. Each employer and each owner or manager of a complex must conduct employee transportation surveys to establish whether the performance objectives have been achieved. Each employer and owner or manager of a complex shall submit to the TDM Program Manager a transportation survey as specified by the city to calculate VER or AVR, to determine compliance with performance objectives, and to establish employee commute patterns. B. An employer or owner or manager of a complex shall conduct an employee survey annually unless a future year performance objective has already been achieved. An employer or complex owner or manager who has so demonstrated shall conduct a survey every other year as long as future year performance objectives continue to be achieved. C. An employer or owner or manager of a complex shall conduct an employee transportation survey and calculate the VER or AVR in a manner consistent with procedures in effect at the time that the survey is conducted as required by Section 13-1-602 of Regulation 13 Rule 1 of the Bay Area Air Quality Management District. D. An employer or owner or manager of a complex which becomes subject to this chapter after its adoption due to an increase in the number of employees or the establishment of a new or expanded work site shall conduct an employee transportation survey during the same week and on the same schedule as other employers and owners and managers of complexes. E.

An employee transportation survey must be conducted during a survey week. The employer or complex owner or manager may not offer a special incentive or disincentive in addition to its regular trip reduction program during the survey week. (Ord. 00-06 § 2 (part))

Each employer and owner or manager of a complex must develop and implement an employer trip reduction program within six months following the completion of the survey week for the first employee transportation survey. (Ord. 00-06 § 2 (part))

Each employer and complex shall implement a trip reduction program to reduce VER or increase AVR in accordance with the following schedule: Reporting Year VER Objective AVR Objective 1994 .87 1.15 1995 .83 1.20 1996 .80 1.25 1997 .77 1.30 1998 .74 1.35 1999 .74 1.35

(Ord. 00-06 § 2 (part))

Each employer or owner or manager of a complex that does not achieve the performance objectives establish for the applicable year must prepare an employer trip reduction plan for that work site. The employer or owner or manager of the complex shall submit the plan to the TDM Program Manager within one hundred twenty (120) days following the TDM Program Manager's determination that the performance objective was not achieved. An employer may submit a consolidated plan that covers multiple work sites. The determination that the performance objective has not been achieved shall be based on information received through the employee transportation survey. The highest ranking responsible official of the employer or complex shall submit the plan. (Ord. 00-06 § 2 (part))

The employer trip reduction plan shall contain the following:

A. Employer registration information; B. A detailed description and inventory of measures contained in the employer trip reduction program, including a list of specific reduction measures already implemented; C. A description, schedule and commitment to implement additional or enhanced measures, including reasonable, feasible and cost effective trip reduction measures that can be expected to achieve significant progress toward performance objectives; D. A discussion of the progress to date and an analysis of why the employer trip reduction program did not achieve the performance objectives including special issues, circumstances or conditions at the work site; and E. A budget indicating all current and projected expenditures for the employer trip reduction program. (Ord. 00-06 § 2 (part))

An employer and owner or manager shall update its employer trip reduction plan every year after plan approval until the performance objectives are achieved. (Ord. 00-06 § 2 (part))