Richmond Municipal Code Ch. 9.62 Commuter Benefit Program

Whenever used in this chapter, the following terms shall have the meanings set forth below.

(1) "City" shall mean the City of Richmond.

(2) "Covered employee" shall mean any person who:

a. Performs an average of at least ten (10) hours of work per week for compensation over a ninety-day period within the geographic boundaries of Richmond for the same employer; and

b. Qualifies as an employee entitled to payment of a minimum wage from the employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program.

(3) "Covered employer" shall mean an employer for which an average of ten (10) or more persons per week performs work for compensation. In determining the number of persons performing work for an employer during a given week, all persons performing work for compensation on a full-time, part-time or temporary basis, including those who perform work outside of the geographic boundaries of Richmond, shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity.

(4) "Employer" shall mean any person, defined in Section 18 of the California Labor Code, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, except through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions or an employee. "Employer" shall not include any governmental entity.

(5) "Transit expense" shall mean any pass, token, fare card, voucher, or similar item entitling a person to transportation on public transit, including but not limited to, travel by ferry, bus, light rail or train by AC Transit, BART, AMTRAK, Caltrain, or other regional public transit provider.

(6) "Vanpool" shall mean a "commuter highway vehicle" within the meaning of 26 U.S.C. § 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle that has a seating capacity of at least 6 adults (not including the driver), and at least 80% of the mileage use of which can reasonably be expected to be:

a. For the purpose of transporting employees in connection with travel between their residences and their place of employment; and

b. On trips during which the number of employees transported for such purposes is at least ½ of the seating capacity of such vehicle (not including the driver).

(Ord. No. 22-09 N.S., § 1, 7-21-09)

No later than one-hundred twenty (120) days after the effective date of this ordinance, all covered employers shall register the worksite with the City and the 511 Contra Costa Commute Alternative Network. Registration of the worksite will entitle the employer and employees to all benefits of the 511 Contra Costa program including the Guaranteed Ride Home Program. Registered worksites shall participate in a semi-annual Commute Survey administered by the City of Richmond with the assistance of the 511 Contra Costa Commute Alternative Network program.

(Ord. No. 23-09 N.S., § 2, 7-21-09)

No later than one-hundred twenty (120) days after the effective date of this ordinance, all covered employers shall provide at least one of the following transportation benefit programs to covered employees:

(1) A Pre-Tax Election. A program, consistent with Internal Revenue Code Section 132(f), allowing employees to elect to exclude from taxable wages and compensation, employee commuting costs incurred for transit passes or vanpool charges or bicycle commuting (but not for parking), up to maximum level allowed by federal tax law, which is presently two hundred and thirty dollars ($230) per month for transit and qualified vanpools, and, upon passage of HR 863 or other relevant legislation, twenty dollars ($20) per month for bicycles; or

(2) Employer Paid Benefit. A program whereby the employer supplies a transit pass or reimbursement for equivalent vanpool charges at least equal in value to the purchase of the appropriate benefit which shall not exceed the cost of an adult monthly AC Transit regular pass, which is presently seventy dollars ($70), for the public transit system requested by each employee or to reimburse qualified vanpool charges; or

(3) Employer Provided Transit. Transportation furnished by the employer at no cost to the employee in a vanpool or bus, or similar multi-passenger vehicle operated by or for the employer.

(Ord. No. 23-09 N.S., § 2, 7-21-09)

(a) In coordination with 511 Contra Costa, the City Manager or his or her designee shall maintain an education and advice program to assist employers with meeting the requirements of the Transit Benefit Program.

(b) Before taking any enforcement action against a covered employer for failing to offer at least one transportation benefit program to covered employers as required by this chapter, the City shall issue a written notice to that covered employer requiring submission of proof of compliance within 90 days.

(c) In addition to any other remedies that may be available, the City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter, including without limitation, civil penalties in an amount not exceeding two hundred dollars ($200) for the first violation, four hundred dollars ($400) for the second violation, and six hundred dollars ($600) for each subsequent violation in any given year.

(Ord. No. 23-09 N.S., § 2, 7-21-09)