Agenda packet — Santa Monica City Council, June 11, 2024 (part 2 of 3)

4. For the purposes of Rule 2202, STERCs will be converted into annual emissions (lbs/year). The average number of operating days used in the original ERC evaluations shall be the basis for converting the STERC to annual emissions. If the number of operating days is unspecified, the default value of 260 days will be used for the number of operating days. Such conversions shall be done at the time when the STERCs are transferred to the Rule 2202 program.

5. STERCs, issued pursuant to Rule 1309(f), shall be transferred into the Rule 2202 program as one year increments.

10.B.c
Packet Pg. 554 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
4 June 2014Proposed Amended August 2023

6. Any person transferring a STERC into Rule 2202 shall submit an application for the transfer of each certificate and pay the applicable per certificate transfer fees in accordance with Rule 301 – Permitting and Associated Fees. Upon approval and transfer into the Rule 2202 program the original Certificate of Title shall be cancelled and the cancellation recorded in the NSR Register of Title.

7. STERCs can only be used in the Rule 2202 program during the specific calendar year for which the STERC is valid.

8. STERCs in the Rule 2202 program may be divided among several worksites.

9. The permanent credit portion of the STERC, if any, issued pursuant to Rule 1309(f)(1), are subject to the requirements below governing ERCs.

C. Emission Reduction Credits (ERCs)
(R2202, paragraph (f)(2))
Employers may elect to use ERCs that were approved for transfer into the program before June 6, 2014 and were issued in accordance with Regulation XIII. In order for ERCs to be used to meet an employer’s emission reduction target or as part of an Air Quality Investment Program, the following apply for purposes of use in Rule 2202:

1. ERCs that have been transferred into the Rule 2202 program shall permanently remain in the program, unless specified pursuant to section C.2. below.

2. The original ERC certificate may be transferred out of the Rule 2202 program at any time in accordance with the following conditions:
a. None of the original ERC certificate has ever been used in any discrete year to comply with any requirement of this rule since the initial transfer into the Rule 2202 program;
b. The applicant submits an application for transfer and applicable fees, and receives approval of the Executive Officer, based on a determination that none of the original ERC certificate has been used. Upon approval by the Executive Office and reissuance of an ERC certificate, the ERCs may be used in any District program authorizing use of such ERCs except Rule 2202; and, c. The amount of ERC certificate to be reissued in pounds per day shall be based on the amount that was transferred into Rule 2202 minus the 10% originally discounted when the ERC was initially transferred into the program.

3. For purposes of Rule 2202, ERCs shall be converted into an annual allocation of pounds per calendar year. The average number of operating days used in the original ERC evaluations shall be the basis for converting the ERC pounds per day (lbs/day) to the annual allocation (lbs/year). If the number of operating days is unspecified, the default value of 260 days will be used for the number of operating days. Such conversions shall be done at the time when the ERC is transferred to the Rule 2202 program.

4. Annual allocations are only available for use in the calendar year for which it was allocated. Unused portions of the annual allocation cannot be banked or rolled over for future use. The annual allocation may be divided and used by multiple employers for meeting their ERT.

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Packet Pg. 555 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
5 June 2014Proposed Amended August 2023

5. The initial annual allocation shall be based on the date the ERC Certificate of Title was transferred into the Rule 2202 program.

6. Effective January 1, 2015, the existing broker account ERCs will be annually discounted beginning the eighth year after the initial date of transfer into Rule 2202 and shall have their initial 10% discount restored on January 1st of the eighth year. The initial 10% discount was taken in accordance with South Coast AQMD policies for the transfer of ERC into Rule 2202.

7. Each year on January 1st, the annual discount shall be determined by the percent change between the year of use and the previous year emission factors expressed as pounds per year per daily commute vehicle as determined by the most recent California Air Resources Board (CARB) and U.S. Environmental Protection Agency (U.S. EPA) approved EMFAC emission model as follows:
[
Current Year
Annual Allocation] = [
Previous Year
Annual Allocation] × [
𝑒𝑓𝑐𝑢𝑟𝑟𝑒𝑛𝑡 𝑦𝑒𝑎𝑟
𝑒𝑓𝑝𝑟𝑒𝑣𝑖𝑜𝑢𝑠 𝑦𝑒𝑎𝑟]
Where:
ef = Emission factor in pounds/year/daily commute vehicle efcurrent year = Emission factor for the current year of use efprevious year = Emission factor for the year immediately prior to the current year of use
The annual discount percentages (i.e., efcurrent year/efprevious year) will be published annually.

8. If Rule 2202 is rescinded, all ERCs held in the Rule 2202 program shall be permanently retired and will no longer be available for use unless otherwise specified in section C.2. above.

D. Area Source Credits (ASCs)
(R2202, paragraph (f)(4))
Regulation XXV - Intercredit Trading provides an opportunity for employers to generate or obtain emission reductions from alternative sources and apply them towards meeting the ERT for their worksite or trade them to other employers or persons in accordance with paragraph (f)(4) of the Rule. Regulation XXV emission credits that are used in Rule 2202 are subject to the same limitations on quantification, credit issuance, credit life, and eligibility, as set forth in that regulation.

Area source credit generation is a voluntary program and provides a mechanism to convert emission reductions from non-permitted stationary sources into tangible emission credits. Area sources include a wide variety of sources, such as small combustion equipment including engines, heaters, and boilers.

10.B.c
Packet Pg. 556 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
6 June 2014Proposed Amended August 2023
E. Air Quality Investment Program (AQIP)
(R2202, paragraph (f)(5))
The concept of an AQIP is based on relative cost-effectiveness. Employers may participate in the AQIP by submitting an air quality investment, to be placed in a restricted fund as set forth in Rule 311 - Air Quality Investment Program Fees.

The South Coast AQMD Executive Officer will recommend to the South Coast AQMD Governing Board the release of request for proposals (RFP) or program announcement to solicit projects that will achieve the emission reduction targets for a given compliance period. At a minimum, the release will be on an semi-annual basis.

Proposals for using monies from the Rule 2202 AQIP restricted fund will be accepted by the South Coast AQMD Executive Officer on, at a minimum,an ongoing an annual basis. The South Coast AQMD Executive Officer will determine the amount of emission reductions required to demonstrate equivalent emissions reductions and the amount that will be achieved by the proposal. The quantification protocols shall be consistent with conditions specified under sSection F. Other Emission Reductions Strategies. The proposals received will be rated by source category, including a category for TDM projects. The Executive Officer will then recommend to the Governing Board proposals that achieve equivalent emissions reductions. The Executive Officer may use inter-pollutant crediting to achieve emissions equivalent to the level of the employers' participation. The AQIP emission reduction commitment will be based on the rule emission factors for the current year in question regardless of when the initial monies were placed into the program. In addition, the Executive Officer will recommend that the allocation of funding for proposals that reduce equivalent emissions within each county be proportional to the contribution level of employers within each county to the greatest extent feasible. As part of the RFP or program announcement release, the Executive Officer will provide to the South Coast AQMD Governing Board a status report on program effectiveness and the balance of monies in the fund.

F. Other Emission Reduction Strategies
(R2202, paragraph (f)(6))
Any person may submit an application, pursuant to paragraph (f)(6) of the Rule, to generate VOC, NOx, and CO emission reductions from alternative emission reduction projects for use in Rule 2202. Applications, with complete information, shall be submitted at least 30 days prior to implementing an emission reduction project. The Executive Officer shall approve or disapprove the application and any subsequent revisions in writing within 90 days of submittal.

1. The application shall be submitted on a form specified by the South Coast AQMD, and at a minimum include the following:
a. Project description;
b. Name and address of the applicant;
c. Name and address of the owner and/or operator of the equipment; d. Identification of the geographical area(s) served by the project;

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Packet Pg. 557 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
7 June 2014Proposed Amended August 2023
e. Equipment description (including manufacturer specifications, certification data, etc.);
f. Project start date;
g. Project life;
h. Activity level (such as, hours of operation, fuel usage, odometer mileage); i. Estimated emission reductions;
j. Emission reduction calculations, description of methodology used and references; and
k. Monitoring, recordkeeping and reporting methods, including methods for tracking project emission reductions.

2. The alternative emission reduction project shall be subject to the following conditions:
a. For meeting District regulatory requirements, the credits issued under paragraph (f)(6) shall only be used for R2202, and shall be subject to all provisions of Rule 2202.
b. The South Coast AQMD shall approve all emission reductions prior to use. c. The emission reductions shall be valid for two years from the date of South Coast AQMD approval unless otherwise specified in the approved emission reduction quantification protocols developed in paragraphs 2d. and 2e. below. d. The emission reduction quantification shall be based on applicable South Coast AQMD rules and regulations, approved methodologies, Governing Board policies and guidelines, and the guidelines and methodologies established by CARB and U.S. EPA. The emission reduction quantification protocol shall be reviewed by the Governing Board Mobile Source Committee.
e. If there is no applicable protocol, an emission reduction quantification protocol shall be developed. The proposed emission reduction quantification protocol shall be presented to the Governing Board Mobile Source Committee for review and approval.
f. Emission reductions generated under this provision shall not be the result of funding from any other South Coast AQMD, state or federal program that prohibits the use of such reductions for other purposes (e.g., AB2766 subvention funding, Carl Moyer, etc.).
g. Emission reductions achieved by the project shall be based on the actual operation of the equipment as provided in the emission reduction quantification protocol. h. Emission reductions may be issued quarterly or semi-annually, based on the actual activity level for the previous quarter or six-months. i. Emission reductions may be held in a broker account, for tracking purposes, until transferred to an employer for rule compliance purposes. j. The application shall be deemed a plan, and plan fees shall be assessed in accordance with Rule 308 – On-Road Motor Vehicle Mitigation Options Fees. k. Emission reductions generated from projects that are in excess of those designated for Rule 2202 compliance may be used for other purposes subject to the approval of the Executive Officer.

10.B.c
Packet Pg. 558 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
8 June 2014Proposed Amended August 2023
South Coast AQMD staff is available to work with project proponents to develop emission reduction protocols and intends to compile protocols, when available, to ensure public accessibility.

G. Employee Commute Reduction Program (ECRP)
(R2202, paragraph (f)(7))
Any employer may elect to implement an ECRP. The implementation of an ECRP is expected to lead to achievement and maintenance of the employer’s designated Average Vehicle Ridership (AVR) target, determined by the worksite’s AVR Performance Zone pursuant to Rule 2202 (f)(7) through the reduction of employee vehicle trips. The ECRP compliance option is further detailed in the Rule 2202 ECRP Guidelines.

G.H. General Emission Credit Provisions
(R2202, subdivisions (h))
Employers that implement an emission reduction program and have surplus emission reductions with respect to some of the pollutants can use them towards their future ERT or trade or sell them to other employers in accordance with subdivision (h) of Rule 2202. Alternatively, employers that have a shortfall in meeting their ERTs may obtain surplus emission credits from other employers or other credit providers.

Once eligible emission credits have been transferred into the Rule 2202 program, the credits may be placed into a Rule 2202 program broker account or an employer’s emission bank. Emission credits that have been transferred into the Rule 2202 program cannot only be transferred out of or removed from this program in accordance with subdivision (h) of Rule 2202.

H.I. Inter-Pollutant Crediting
(R2202, paragraph (h)(6))
Any employer or the AQIP may apply VOC or NOx emission credits in lieu of all or part of a worksite'’s CO emission reduction target. VOC or NOx emission credits that could be used may come from various sources such as ASCs, STERCs, ERCs in the Rule 2202 program, MSERCs, or credits generated pursuant to paragraphs (f)(5) or (f)(6) of the rule. Inter-pollutant crediting is to be used only by employers to facilitate meeting the worksite'’s CO emission reduction target.

Inter-pollutant crediting shall only be used for compliance with an approved employer'’s Rule 2202 registration. Inter-pollutant crediting shall not be used to increase or build a CO emission bank. The inter-pollutant crediting ratios are:
1 pound VOC = 10 pounds CO
1 pound NOx = 6 pounds CO
For example: An employer calculated their worksite CO emission reduction target to be 100 pounds. Instead of generating or purchasing CO emission credits, the employer may implement inter-pollutant crediting by dividing the CO target by VOC ratio value of 10. Thus, 10 pounds of VOC could be used in lieu of the worksite'’s 100 pound CO emission reduction target.

Alternatively, an employer may chose to apply NOx credits. Dividing 100 lbs of CO by 6 will

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Packet Pg. 559 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
9 June 2014Proposed Amended August 2023
result in 17 pounds of NOx that may be used in lieu of the worksite'’s CO emission target. Note that calculation results are to be rounded to the nearest whole pound. Employers are not limited to using only VOC or NOx and may use any combination of the two pollutants to meet the calculated emission reduction target.

I.J.Emission Reduction Requirements
Any proposed emission reduction strategy should contain an emissions or trip quantification methodology which follows applicable South Coast AQMD, CARB, or U.S. EPA policies and methodologies. Any proposed program may be submitted in combination with other programs, including, but not limited to, old vehicle scrapping or work-related trip reduction programs.

South Coast AQMD will evaluate programs to assure that they produce emissions or trip reductions that are real, surplus, quantifiable, and enforceable.

1. Real Reductions
"Real" reductions are those that result in actual emission reductions and do not occur as a result of accounting practices, or "paper reductions." The key test in determining whether a strategy will result in real reductions is in establishing a proper emissions or trip baseline level. If, for example, facility XYZ has reduced emissions in excess of those required by the ERT, no "real" reductions will result from the establishment of ERT as a performance standard. Therefore, all quantification methodologies will be required to establish a standardized baseline condition, or use a default condition established by the Executive Officer, from which to calculate real emissions or trip reductions.

2. Surplus Reductions
"Surplus" reductions occur when an action is taken beyond existing regional, state, and federal requirements. Obtaining surplus emission reductions means the benefit of a control strategy is not "double counted." In many cases, the proposed strategy requirements overlap completely with another rule, regulation, statute, or legislation. However, by revising the strategy to become more stringent, the action would become partially creditable, or surplus. To meet this surplus criterion, all quantification methodologies will be required to include a mechanism for subtracting any regulatory overlaps with the standardized baselines established to meet the "real" criterion described earlier.

3. Quantifiable Reductions
Although transportation control measures (TCM) involve some degree of variance and uncertainty, creditable actions can be quantified through use of assumptions that are based either on case studies or on transportation supply and demand theories. Each assumption that is used to assign effectiveness or efficiency should be matched with either a case study, or on some measurable parameter. Basic "intuition," especially for indirect actions such as general education, "goodwill," or other "good faith efforts," is not sufficient. Quantifiability is the main criterion used to determine the extent of any credit discounting. Those actions which are more easily quantified, with strong assumptions, would have limited discounting applied, while the more "intuitive" actions would need to be discounted to a much greater extent.

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Packet Pg. 560 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
10 June 2014Proposed Amended August 2023

4. Enforceable
In addition, each proposed program should include a recordkeeping mechanism for compliance verification, as outlined in Chapter IV. The enforceability component requires that all records, sufficient to demonstrate compliance, be maintained by participating companies and be made available to the South Coast AQMD upon request.

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Packet Pg. 561 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
11 June 2014Proposed Amended August 2023
III. TRIP REDUCTION STRATEGIES
Rule 2202 offers employers the opportunity to obtain VTECs from the implementation of the following optional trip reduction strategies. These VTECs, obtained through peak-commute trip reductions, other work-related trip reduction, VMT offsets or off-peak commute trip reductions, can be applied towards meeting an employer’s ERT.

A. PEAK COMMUTE TRIP REDUCTIONS
Rule 2202 provides the option to obtain credit for reducing employee commute trips.

Specifically, employers can reduce trips to work that occur for the purpose of reporting to work during the morning peak congestion period (or "Peak Window") by creating incentives for ridesharing and other alternative transportation modes. VTECs shall be calculated using the formula in Figure III-1.

𝑉𝑇𝐸𝐶 = [
Creditable Commute
Vehicle Reductions (CCVR)
] × [
Emission Factor (EF)
lbs⁄year ]
Where:

CCVR = The daily average of total commute vehicle reductions that are real, enforceable, surplus, and quantifiable.

EF = Annual Emission Factor (lbs/year/daily commute vehicle) Figure III-1. Vehicle Trip Emission Credit Generation for Work-Related Trip Reduction Programs
In calculating VTEC, employers may utilize data obtained by an alternative methodology approved in writing by the Executive Officer or designee.

B. OTHER WORK-RELATED TRIP REDUCTIONS
Employers may receive additional VTECs from employee commute reductions from peak and non-peak commutes or from non-commute vehicle usage. VTECs from Other Work-Related Trip Reductions can be calculated using the formula in Figure III-2. The conversion factor is used to convert vehicle trip reductions to commute vehicles reductions and accounts for the return trip home, and includes an additional adjustment to account for other vehicle usage reduction during and outside the peak window.

Other sources of VTEC may also be calculated, on a voluntary basis, from non-regulated worksites, non-employee such as independent contractors, or employees of other entities at the worksite that participate in the employer's trip reduction program. Additional VTEC may also be determined from reduced staffing that would reduce commute trips not as a result of any rideshare program. Reduced staffing may occur from events such as school recesses/breaks, inventory, or temporary facility closures.

The use of VTEC is subject to approval by the Executive Officer.

10.B.c
Packet Pg. 562 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
12 June 2014Proposed Amended August 2023
VTEC = [
Creditable Trip Reductions (CTR)
CF ] × [
Emission Factor (EF)
lbs⁄year ]
Where:

CTR = The daily average of total one-way trip reductions that are real, enforceable, surplus and quantifiable. A round trip is considered to be two one-way trips.

CF = 2.0 for A.M. Peak Window

2.3 for Other Trips
EF = Annual Emission Factor (lbs/year/daily commute vehicle) Figure III-2. Vehicle Trip Emissions Credit Generation for Peak-Commute and Other Work Relate Trip Reduction Programs
C. VEHICLE MILES TRAVELED (VMT) PROGRAMS
Vehicle Miles Traveled (VMT) is an alternative metric that can be used to calculate emissions from employee commute trips and establish VMT reduction programs pursuant to Rule 2202.

Subject to approval of the Executive Officer or designee, eEmployers may elect to implement VMT reduction programs and receive VTECs toward their ERT. Reduction of annual employee commute VMT that may result from employment center relocation, video-conference centers, telecommuting centers or other alternative programs approved by the Executive Officer or designee. The Executive Officer shall not approve any VTEC program for VMT reduction unless it includes baseline VMT estimates and demonstrates that VMT reductions result in real, enforceable, quantifiable, and surplus emission reductions.

D. PARKING CASH-OUT PROGRAM
Employers may elect to implement a Parking Cash-Out Program to reduce employee commutes and receive VTEC toward meeting their ERT. Parking Cash-Out is a program where 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. VTEC calculation formula for this program is the same as the one used for Other Work-Related Trip Reductions.

E. EMPLOYEE COMMUTE REDUCTION PROGRAMS
Details of this exemption voluntary compliance option are provided elsewhere in a companion guidance document titled “Employee Commute Reduction Program Guidelines.”

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Packet Pg. 563 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
13 June 2014Proposed Amended August 2023
IV. PROGRAM ADMINISTRATION
A. REGISTRATION
Employers participating in the Rule 2202 On-Road Motor Vehicle Mitigation Options emissions reduction program are required to notify the South Coast AQMD which option or options are selected through registration. Employer registration serves the purpose of both notifying the South Coast AQMD of the intent to implement options provided in the program, and also serves to identify the goals of the chosen options, including any demonstrations required. Registration shall be renewed annually.

Employers with 250 or more employees upon becoming subject to Rule 2202 shall notify the South Coast AQMD in writing within 30 days. Once the employer has notified the South Coast AQMD, within 90 days, the employer must submit a Rule 2202 registration with appropriate filing fees.

An employer's registration and the conditions under which it was approved shall remain in effect until the next approval date. Employers will not be held liable for any emission reduction shortfalls incurred due to changes in emission factors or the guidelines during those years in which the factors are updated after the registration is approved or pre-approved. Employers shall have up to 180 days from the date of receipt of their registration pre-approval letter to surrender the required emission credits to meet the worksite emission reduction target. However, the use of this provision does not change the compliance period.

B. REGISTRATION FORM
Employers must identify which options will be used to attain their ERT. The registration form must include information which identifies the company and the worksites affected by the emissions reduction program, including the number of employees reporting to the worksite during the morning peak congestion period and the total employee count at the worksite.following information:
i. The name of the highest ranking official, the name of the contact person, company address, and telephone number for each worksite;
ii. Effective September 1, 2024January 1, 2025, the business type/classification; a. Worksites will designate the primary nature of work conducted at the worksite by selecting one option from the list provided by South Coast AQMD:

Business Type/Classification NAICS codes
Utilities 22
Construction 23
Manufacturing 31-33
Wholesale Trade 42
Retail Trade 44-45
Transportation and Warehousing 48-49
Information 51

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Packet Pg. 564 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
14 June 2014Proposed Amended August 2023
Finance and Insurance 52
Real Estate and Rental and Leasing 53
Professional, Scientific, and Technical Services 54
Management of Companies and Enterprises 55
Administrative and Support and Waste Management and Remediation Services 56
Educational Services 61
Health Care and Social Assistance 62
Arts, Entertainment, and Recreation 71
Accommodation and Food Services 72
Public Administration/Government 92
Other (please specify):
iii. The on-road vehicle mitigation option(s) that will be used; iv. The total number of employees that report to work in the peak window; v. The total number of employees assigned to the worksite; vi. Effective September 1, 2024January 1, 2025, the total VMT by employees assigned to the worksite;
a. If an AVR survey is conducted, the total VMT will be reported on the AVR survey summary form,
b. If an AVR survey is not conducted, the worksite will report employee home zip codes based on Human Resources (HR)/payroll records in a format provided by South Coast AQMD. Zip codes shall be reported using anonymized employee data such that specific employee names or other identifying information is not included.
i.vii. Effective September 1, 2024January 1, 2025, information on telecommuting practices including, but not limited to:
a. The total number of employees who are eligible to telecommute, the maximum number of days per week they are allowed to telecommute, the number of employees who are currently telecommuting, the average number of days per week that your employees telecommute, if any telecommute incentives are offered, and if the employees teleworking schedules are permanent, temporary or a return to office date has been set. An employer may choose to submit this information for different categories of employees at their worksite if telecommuting practices vary among the categories.
b. A formalized telecommuting policy does not need to be developed for Rule 2202 compliance reporting purposes.
viii. Calculations for VOC, NOx, and CO emission reductions or the vehicle trip emission credit options, as applicable.

C. VTEC CALCULATIONS
Employers claiming VTECs from the implementation of the optional Vehicle Trip Reduction strategy shall include as a part of their registration all VTEC calculations. All supporting

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Packet Pg. 565 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
15 June 2014Proposed Amended August 2023
documents shall be maintained on the worksite for three years. Emission factors (i.e., pounds of pollutant per vehicle-year) to be used in the calculations are provided in this document.

D. AIR QUALITY INVESTMENT PROGRAM
South Coast AQMD'’s Executive Officer will determine the amount of emission reductions for air quality investment programs when proposals are submitted for approval. Individual employers seeking this safe harbor alternative are not responsible for demonstrating emissions reduction equivalency; they are only responsible for keeping records of employment, and of "“in-lieu fee"” submittal.

E. RECORDKEEPING
The enforceability component of the On-Road Motor Vehicle Mitigation Options program requires that all records, sufficient to demonstrate compliance, be maintained by participating companies for a period of no less than three years and made available to the South Coast AQMD upon request in order to determine compliance. Specifically, participating companies should maintain, at a minimum, a copy of the following records at all worksites:
• Registration form,
• VTEC data and calculations, and
• List of program strategies or elements used for implementation.

F. COMPLIANCE
Compliance with an alternative emission reduction program will be determined through an employer review process conducted by the South Coast AQMD. Compliance requirements for the “Employee Commute Reduction Program” exemption are included in the ECRP Guidelines.

Examples of violations of Rule 2202 would include: failure to maintain records; fabrication of records; or failure to obtain the amount of VTECs or emissions reductions identified as part of the company'’s registration submittal. In addition, failure to submit air quality investment "“inlieu"” fees would be constituted as a violation of Rule 2202 for employers selecting this option.

G. SPECIAL PROCEDURES

1. Extensions
Any employer may request an extension to the registration due date under the following circumstances:
• If an employer needs more time to submit a registration to meet the requirements of Rule 2202, additional time may be requested from the South Coast AQMD. The request must be in writing, state the reason for the extension request, the length of time needed, and include the appropriate filing fee.
• All extension requests and fees must be received by the South Coast AQMD, no later than 15 calendar days prior to the program due date;

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Packet Pg. 566 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
16 June 2014Proposed Amended August 2023
• Requests are considered on a case-by-case basis and are granted for reasons that are beyond the control of the employer;
• An employer may request an extension to the registration due date after the registration has been disapproved for the first time. The request must be received within 15 days of the receipt of the registration disapproval. The South Coast AQMD will inform the employer in writing within 15 calendar days of receipt of request, whether the extension has been granted;
• An employer may, upon receipt of a written objection to the terms of the proposed registration by an employee, employee representative or employee organization; request a single extension of 30 days. A copy of the written objection should be attached to the request. One such request shall be granted by the South Coast AQMD; no subsequent extension may be granted for this purpose; and
• Any change in the permanent due date that results in additional time to submit a registration will be considered an extension of time and shall be subject to an extension filing fee.

2. Change of Ownership
In the case of ownership mergers, or change of ownership, the new owner must notify South Coast AQMD of this change within 30 days of the new ownership. The new owner must comply with all provisions of Rule 2202 and Guidelines within 90 days of the change of ownership. The new owner(s) may choose to submit a letter, instead of a new registration, which states they will continue to implement the registration or program last approved by the South Coast AQMD.

3. Relocation
Any employer relocating to a new worksite must notify the South Coast AQMD within 30 days of the relocation. Relocations fall into two categories and are explained below:
• Employers relocating within two miles of the previous worksite address may elect to continue to implement the most recently approved registration. Or, the company may elect to submit a new registration or program. The employer must inform South Coast AQMD of the preference in the notification of relocation letter. • Employers relocating more than two miles from the previous worksite are required to submit a new registration. The employer must submit the new registration or program within 90 days of the relocation.

4. Registration Disapproval Appeals
The South Coast AQMD has 90 days to review the resubmitted registration. If the employer believes that the program meets the requirements of Rule 2202 and the Guidelines, and that the registration was improperly disapproved, the employer may appeal the disapproval to the South Coast AQMD Hearing Board. A petition for appeal of disapproval must be made within 30 calendar days after the employer receives the notice of disapproval.

10.B.c
Packet Pg. 567 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
17 June 2014Proposed Amended August 2023

5. Delay Registration Review Requests
If an employer, employee, employee representative or employee organization requests a delay in action of registration review, the request must be in writing to the South Coast AQMD within 10 days of registration submittal and cannot delay the period of time to exceed the 90th day after submittal.

6. Police, Sheriff, and Federal Field Agents
Police, Sheriff, and Federal Field Agents shall be included in the employee count for rule applicability but are not required to be included in the number of employees in the peak window and may be excluded from ridership surveys. Surveying only part of this group is not acceptable.

Federal Field Agents are employees who are employed by any federal agency whose main responsibility is national security and performs field enforcement and/or investigative functions.

Examples of Federal Field Agents include, but are not limited to, field employees of Federal Bureau of Investigation (FBI), Customs and Border Protection or US Coast Guard.

7. Telecommute Employees on the AVR Survey
Telecommuting occurs when an employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a trip to the worksite or reduces the commute travel distance by more than 50%. Telecommute employees are included in the employee count for rule applicability and are required to be included in the number of employees within the peak window.

Telecommute employees include employees who telecommute on a full time or hybrid schedule.

Additionally, telecommuting employees include remote employees who are assigned to the regulated worksite, however, primarily live and work at locations outside of the South Coast AQMD, and physically commute to the regulated worksite less than five days a year.

Employers are required to report information on telecommute practices on a compliance form as part of their annual registration submittal. This information will include the information outlined in Section (IV)(B)(vii) above. The reported information must be validated using Human Resources (HR)/Payroll records including a HR/Payroll representative/ETC signature with the annual submittal to validate telecommute activity.

For those employers reporting telecommuting employees for compliance purposes, the following procedures for each compliance option apply:

AQIP – If a worksite selects the AQIP option, they may deduct the average number of daily telecommuters from their average peak window employee count based on HR/Payroll records.

The average number of daily telecommuters will be calculated using the total number of weekly telecommute trips divided by the number of work days in the week. The worksite will be required to pay the appropriate AQIP fee per average number of daily employees that physically arrive at the worksite based on HR/Payroll records.

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Packet Pg. 568 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
18 June 2014Proposed Amended August 2023
ERS using default AVR – If a worksite selects the ERS option, they may deduct the average number of daily telecommuters from their average peak window employee count based on HR/Payroll records. The average number of daily telecommuters will be calculated using the total number of weekly telecommute trips divided by the number of work days in the week. The worksite will use the number of average daily employees that physically arrive at the worksite in the calculation to determine the amount of emission credits required.

ERS with AVR survey or ECRP – If a worksite is conducting an AVR survey, they may report total daily telecommute trips on the AVR summary form. Total daily telecommute employee trips may be reported even if not all telecommute employees respond to the AVR survey if the telecommute employees can be validated based on HR/Payroll records. For an employee on a hybrid schedule that does not respond to the AVR survey, the ETC will mark the commute mode as “no response” for the days that the employee physically reported to the worksite and telecommute for the days that they did not physically report to the office. This ensures that the worksite will receive full credit for the total number of commute trips reduced by telecommuting.

Worksites may only use the number of telecommuters in their annual plan submittal as described above if the telecommute employee number can be validated.

8. Furloughed Employees on the AVR Survey
Furloughed employees are employees that are under a temporary, unpaid leave of absence or reduction in hours.

Furloughed employees shall be included in the employee count for rule applicability but are not required to be included in the number of employees in the peak window and may be excluded from the AVR survey.

7.9.Change of Status
An employer who has submitted an ERS and becomes exempt from the rule requirements during the compliance year after having received a provisional compliance letter may seek to have the worksite ERT prorated based on the actual operating days for the compliance year, prior to surrendering the required emission credits.

1. Employers seeking to prorate the worksite ERT must submit a plan amendment pursuant to Rule 2202 (i)(4) prior to the surrender of any emission credits.

2. The plan amendment for a prorated ERT must be submitted at least 15 calendar days prior to the credit submittal deadline of 180 days as stated in the provisional approval of the worksite’s compliance plan.

3. Plan amendments for a prorated ERT may be submitted after the 15 calendar day period and prior to the 180 day deadline only if the plan amendment is accompanied by a request to extend the 180 day deadline.

4. The worksite ERT proration shall be based on the number of operating days divided by 260 days per year.

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Packet Pg. 569 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
19 June 2014Proposed Amended August 2023

5. Employers who have submitted the required emission credits are not eligible to prorate the worksite ERT and will not have any emission credits returned that have been surrendered.

10. Employee Transportation Coordinator (ETC) Training
Effective January 1, 2025, Employers must designate an employee to serve as an Employee Transportation Coordinator (ETC) for each worksite with 250 or more employees or per MultiSite program that conducts an AVR survey. This person must successfully complete an South Coast AQMD ETC certification course.

This training provides the individual with the necessary information to conduct the survey process, prepare and implement the program, market the program and track the program results.

Employers submitting a multi-site program may designate an ETC at one worksite and designate On-Site Coordinators for all other worksites. The On-Site Coordinator is a person designated and instructed by the employer to have knowledge of the employer’s ECRP and marketing methods.

The On-Site Coordinator is accountable for program implementation rather than plan development. The ETC or the On-site Coordinator must be at the worksite and available during normal business hours when the majority of employees are at the worksite.

In the event of an absence of a trained ETC, Consultant ETC, or On-site Coordinator, exceeding eight consecutive weeks, a replacement must be designated and trained. The South Coast AQMD must be notified of this change in writing by the employer within 12 weeks after the beginning of the absence.
a. Consultant Employee Transportation Coordinator
An employer may use a Consultant ETC in lieu of an ETC, provided the Consultant ETC meets the definition of an ETC and the same minimum certification requirements as the ETC. A Transportation Management Association/Transportation Management Organization (TMA/TMO) may be considered a Consultant ETC provided its staff, acting in this capacity, meets the same certification requirements as the ETC. As an alternative to having a Consultant ETC available during normal business hours, the employer shall designate an On-Site Coordinator for each worksite.

H. EMISSION CREDIT TRANSFERS
Emission credits transferred into the Rule 2202 program shall not be transferred out of these programs unless otherwise specified in section II.C.2. of these guidelines. Transfer of emission credits into the program shall be subject to the applicable Regulation III transfer fee. This fee is not required if the buyer/transferee is a Rule 2202 regulated worksite and the emission credits are intended to be used for Rule 2202 compliance within the credit submittal cycle. The credit submittal cycle is within the 180 days from the date of receipt of a registration pre-approval letter for which employers must surrender the required emission credits.

Transfers outside of the credit submittal cycle of the buyer/transferee, between employers, nonRule 2202 South Coast AQMD emission credit accounts, or Rule 2202 broker accounts shall be

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Packet Pg. 570 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
20 June 2014Proposed Amended August 2023
subject to a transfer fee. One transaction request shall count as one transfer for fee purposes. The transfer fee is intended to cover administrative costs in processing the request and to ensure the account balance is properly tracked. No additional cost is assessed when credits are transferred during the credit submittal cycle, because the annual registration fee has already accounted for such activities.

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Packet Pg. 571 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
21 June 2014Proposed Amended August 2023
V. AVERAGE VEHICLE RIDERSHIP SURVEY
A. CALCULATING AVR

1. Employee categories
Employees that do not begin work at least one day during the 6:00 a.m. - 10:00 a.m. peak commute window are not included in the peak AVR calculation. Employees that are classified in the “Other Days Off” category are included in the AVR calculation if they begin work in the window at least one day during the survey week. The net effect of “Other Days Off” on the AVR calculation will be neutral. Employees in this category include, but are not limited to, the following:
• employees on vacation, sick, or furlough;
• employees on per-diem or on-call that do not meet the definition of field personnel; • employees on jury duty, military duty;
• employees who begin work outside the window provided they begin in the window at least one other day during the week;
• employees not scheduled to work that day;
• employees that are home dispatched;
• employees on maternity leave;
• employees on bereavement leave; and/or,
• employees on medical /disability leave.

The following employee categories, as defined in the Glossary, are not considered for rule applicability or in calculating AVR:
• temporary employees;
• seasonal employees;
• volunteers;
• field personnel;
• field construction workers; and/or,
• independent contractors.

2. Police, Sheriff, and Federal Field Agents
Police, Sheriff, and Federal Field Agents, as defined in the Glossary, are included for rule applicability but are not required to be included in the 6:00 a.m. - 10:00 a.m. peak window survey or included in the AVR calculation. It is the discretion of the employer whether to include them in the window count. Surveying only part of this group is not acceptable. Those worksites electing to exclude such employees from the AVR survey and calculation must provide the basic ridesharing support strategies including, but not limited to, ride matching and transit information for all employees as well as preferential parking and guaranteed return trips for employees who are ridesharing. Employees who perform non-field work or non- investigative functions are required to be included in the peak window survey and included in the AVR calculation.

Examples of Federal Field Agents include, but are not limited to, field employees of the Federal Bureau of Investigation (FBI), Customs and Border Protection or US Coast Guard.

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Packet Pg. 572 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
22 June 2014Proposed Amended August 2023

3. Telecommute Employees
If a worksite is conducting an AVR survey, they may report total daily telecommute trips on the AVR summary form. Total daily telecommute employee trips may be reported even if not all telecommute employees respond to the AVR survey if the telecommute employees can be validated based on HR/Payroll records. For an employee on a hybrid schedule, the ETC will mark the commute mode as “no response” for the days that the employee physically reported to the office and telecommute for the days that they did not physically report to the office. This ensures that the worksite will receive full credit for the total number of commute trips reduced by telecommuting.

Worksites may only use the number of telecommuters in their annual plan submittal as described above if the telecommute employee number can be validated.

4. Furloughed Employees
Furloughed employees are employees that are under a temporary, unpaid leave of absence or reduction in hours.

5. AVR Adjustments
a. Carpools are counted as 2-6 people traveling together for 51% of the total trip distance.

The credit is given by dividing the total weekly number of occupants in the vehicle by the maximum occupancy in the vehicle.
b. Vanpools are counted as 7-15 people traveling together for 51% of the total trip distance.

The credit is given by dividing the total weekly number of occupants in the vehicle by the maximum occupancy in the vehicle.
c. Employees walking, bicycling, telecommuting, using public transit, using a zero emissions vehicle (ZEV) or other vehicles as approved by the Executive Officer or designee, or on their day off under a compressed work week, should be counted as employees arriving at the worksite with no vehicle.
i. Carpool occupants of a ZEV may be counted as arriving at the worksite with no vehicle by marking the zero emission option on the AVR survey. ii. Employees arriving to work in a plug-in hybrid electric vehicle (PHEV) can be considered to be using a ZEV provided that the entire home-to-work trip is made exclusively under electric power without use of the gasoline engine or cogeneration system.
iii. None of the employee ZEVs can be included in the AVR calculation if the employer has implemented a ZEV charging program that will result in the generation of emission reduction credits pursuant to Rule 2202 (f)(6) or other approved South Coast AQMD emission credit programs.
d. Compressed Work Week (CWW) credit will only be granted when all days worked and all CWW days off fall within the established AVR survey period. Employers may

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Packet Pg. 573 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
23 June 2014Proposed Amended August 2023
develop alternatives to the recognized compressed work week schedules of 3/36, 4/40, and 9/80 upon written approval by the South Coast AQMD. The proposed alternative must ensure that the resulting trip reductions are real, surplus, quantifiable, and enforceable. The types of CWW day(s) off must be clearly indicated on the AVR survey as follows:
i. 3/36 - 3 days work, 12 hours per day, 2 days off during the survey week; ii. 4/40 - 4 days work, 10 hours per day, 1 day off during the survey week; or iii. 9/80 - 9 days work, 80 hours per two weeks, 1 day off in a 2 week period during the survey.

If a person on a 3/36 scheduled work week works a 4th day during the surveyed work week, an employer may only take credit for one (1) CWW day off since an additional commute trip occurred during the survey period.
e. Non-commuting AVR credit is allowed for employees who remain at the worksite (if in the South Coast AQMD’s jurisdiction), or entirely out of the South Coast AQMD’s jurisdiction, for at least a full 24-hour period, to complete work assignments, and who generate no vehicle trips during the AVR window associated with arriving at the worksite. Non-commuting AVR credit is calculated as arriving at the worksite with no vehicle. Examples of employees who may be considered to be in this category are firemen, airline pilots, or flight attendants.
f. AVR credit for all employees leaving the worksite, during the window, may be calculated and averaged with employees arriving at the worksite during the window to obtain an aggregate AVR. However, if off-peak credits are used in the AVR calculation this credit cannot be used.
g. Off-Peak Credits - Employers may receive additional credits from employee trip reductions that occur outside of the peak window. An AVR survey or an alternative approved data collection method is required to obtain this data. This AVR survey cannot be older than 6 months at the time of program submittal. This credit may be calculated as follows:

AVR =
E
V − [CCVR ÷ 2.3]
Where:

E = Total number of weekly window employees in the peak window.

V = Total number of weekly window vehicle trips in the peak window.

CCVR = Creditable commute vehicle reductions that occur outside of the peak window.

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Packet Pg. 574 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
24 June 2014Proposed Amended August 2023
closures, as approved by South Coast AQMD. A separate AVR survey is required to obtain this data. This AVR survey cannot be older than 12 months old at the time of program submittal. This credit is not allowed for staff reductions resulting from actions such as layoffs, relocations, transfers, facility closures or temporary closures that are part of regularly schedule facility vacations. This credit may be calculated as follows:

AVR =
E × T
[Vn × Tn] + [Vr × Tr × 1.15]
Where:

E = Total number of weekly window employees during the regular operating schedule
T= Total number of annual operating workdays for the worksite, which is the sum of Tn and Tr. For example, the default value is 260 days for employers with a 5 day work schedule, and a default value of 365 days for a 7 day work schedule.

Vn= Total number of weekly window vehicle trips during the regular operating schedule.

Tn= Total number of regularly scheduled operating days for the worksite.

Vr= Total number of weekly window vehicle trips that occur during the reduced staffing schedule.

Tr= Total number of reduced staffing schedule days.

1.15= Discount factor.
j. Employees that begin work during the window and do not respond to the survey must be calculated as one employee per vehicle arriving at the worksite. k. Drive alones count as one person per vehicle arriving at the worksite. l. Reporting errors resulting from missing or incorrect information must be calculated as one employee per vehicle arriving at the worksite. Reporting errors that do not indicate the time when the employee begins work must be assumed to occur in the peak window.

6. Electric Vehicle (EV) or Other Alternative-Fueled Vehicles EV and other alternative vehicles, including hydrogen fuel cell vehicles, play an important role in reducing greenhouse gas and criteria pollutant emissions from employee commutes in comparison to conventional vehicles trips.

Employers that use EV’s or other alternative vehicles in reference to the AVR survey and survey responses or for ECRP strategies can refer to the descriptions below. The following vehicle categories qualify as “zero emission vehicles” when conducting and AVR survey. The South Coast AQMD retains the authority to alter or update any approved electric vehicles or alternative vehicles for use in any Rule 2202 AVR survey or ECRP strategies. a. Zero emission vehicle (ZEV) is a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.

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Packet Pg. 575 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
25 June 2014Proposed Amended August 2023
b. Fuel Cell Electric Vehicle (FCEV) is a vehicle that uses a hydrogen powered fuel cell instead of an engine to generate electricity for the batters and electric motor. These vehicles generally utilize the same components as a battery electric vehicle, but with the addition of a hydrogen fuel cell and hydrogen storage tank.

Employees arriving to work in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero emission vehicle provided that the entire trip to work is made exclusively under electric power. This applies to plug-in vehicles with all electric range that can travel exclusively under electric power without use of the gasoline engine or cogeneration system.

Employees using electric bicycles for the commute trip to the worksite should be accounted for in the bicycle mode on the AVR survey form. Employees using electric scooters for the commute trip to the worksite should be accounted for in the Zero Emission Vehicle (ZEV) mode on the AVR survey form. Employees utilizing electric bicycles and scooters for commute trips to the worksite will be counted as employees arriving at the worksite with no vehicle for purposes of the AVR calculation.

B. AVR DATA COLLECTION METHODS
Each employer must collect AVR data by one of the following applicable methods:

1. AVR Survey
Employers must conduct an AVR survey approved by the South Coast AQMD. The survey should be taken over five consecutive workdays, Monday through Friday, and identify the transportation modes that employees used to travel to the worksite and begin work during the 6:00 a.m. - 10:00 a.m. window, each day during the survey week. The AVR survey data must be available and traceable to an individual employee. This may be through employee identification numbers, employee signature, or a pre-approved electronic identifier specific to each employee.

The surveys shall be distributed at the end of or following the planned survey week so that the survey responses will represent actual commute activity. An South Coast AQMD approved employee survey form can be found in the ECRP forms.
a. AVR Survey Parameters
The AVR survey data cannot be more than six months old at the time of program submittal. The six month period begins on the final day of the survey period. The response rate to the survey must be at least 60 percent of those employees who begin work during the window. The remaining non-responses over 60 percent to 100 percent shall be treated as single occupant vehicle commuters, however, if an employer achieves a 90 percent response rate or higher, the remaining non-response percentage can be reported in the “Other Days Off” category. The net effect on the AVR calculation will be neutral. The AVR survey must be conducted during a typical work week. The weeks to be specifically excluded from the AVR survey week are the weeks including the following dates:

New Year’s Day January 1
Martin Luther King Jr. Birthday January (Third Monday)

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Packet Pg. 576 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
26 June 2014Proposed Amended August 2023
Presidents Day February (Third Monday)
Memorial Day May (Last Monday)
Juneteenth June 19
Independence Day July 4
Labor Day September (First Monday)
California Rideshare Week October (First Week)
Veteran's Day November 11
Thanksgiving Day November (Fourth Thursday)
Christmas Day December 25
AVR surveys shall not be conducted during these weeks even if the employer does not observe these holidays or is open for business. Nor shall employers conduct an AVR survey during a week in which they observe a holiday not listed above.

The days these holidays are observed may vary from year to year; therefore, it will be the responsibility of the employer to obtain these specific holiday dates to ensure exclusion of these weeks from their AVR survey week.
b. Window Period for AVR Calculation
The employer must calculate the AVR based on the 6:00 a.m. - 10:00 a.m., Monday through Friday window except for businesses operating seven days a week. The AVR window for businesses operating seven days a week is 6:00 a.m. - 10:00 a.m. and the AVR reporting period is the five consecutive days, of the seven operating days, when the majority of the employees are scheduled to begin work. Businesses operating seven days a week may survey over a seven- day period so that for purposes of AVR reporting, they will account for individual employees over that portion of their five- day work week that falls within the five consecutive days.

The employer may use an alternative window or week upon writing the South Coast AQMD and receiving written approval. The alternative window must be a consecutive four- hour period between 4:00 a.m. and 11:00 a.m. and a consecutive five- day period of the seven- day week when the majority of their employees are scheduled to report to the worksite in the peak window.

Consequently, the reporting period must be the same five consecutive days for all employees included in the AVR calculation.
c. AVR Calculation
The AVR calculation is based on data obtained from an approved South Coast AQMD survey method, random sampling, or recordkeeping, and shall include all employees who begin work in the 6:00 a.m. - 10:00 a.m. window.

The AVR is calculated by dividing the number of employees who report to the worksite, by the number of vehicles that arrive at the worksite, during the five- day window period. The AVR figure should be rounded off to the second decimal place. For example: 1.4576 becomes 1.46 AVR.

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Packet Pg. 577 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
27 June 2014Proposed Amended August 2023

2. Random Sampling
Employers with a minimum of 400 employees reporting to the worksite during the peak window, have the option of determining AVR by a random sample method. The random sample method and sample size must receive written approval from the South Coast AQMD prior to administration of the survey. The random sample method shall comply with all of the following criteria:
a. Members of the sample must be selected on a probability basis (random selection) that assures that each population member is given an equal chance of selection; b. All employees reporting in the window for calculating AVR must be considered as the relevant population from which the sample is drawn;
c. The sample must measure all potential commute modes for employees arriving at the worksite during the window and shall account for all employees not arriving at the worksite during the window due to compressed workweek day off, vacation, sick leave, furlough day, or other (e.g., maternity leave, bereavement leave, etc.); d. Any employees designated for the random sample that do not respond to the survey are counted as solo drivers;
e. At least 60 percent survey response rate must be achieved; f. Data from the last three compliance years shall be kept at the worksite and available for inspection;
g. Any data submitted via electronic media must be compatible with South Coast AQMD’s software;
h. The random sample survey must be taken not more than six months prior to submittal of the Annual Program, with the six- month period beginning on the last day of the survey week; and,
The random sample method must be re-certified 60 calendar days prior to the program due date, only when the employer proposes to modify its approved certification method or upon amendments to Rule 2202 or guidelines that changes AVR data collection, calculations or methodologies.

3. Alternate AVR Data Collection
Employers have the option of selecting an alternative AVR data collection method for calculating the worksite AVR. Alternative AVR data collection methods must be certified by the South Coast AQMD prior to use, in accordance with the ECRP guidelines and the following criteria:
a. Employers, vendors, consultants, or other entities requesting certification for alternative AVR data collection methods must request certification at least 60 calendar days prior to the annual ECRP due date;
b. Data must be gathered from all employees who begin work during the window; c. The response rate to the data collection method must be at least 60 percent of those employees who begin work during the peak window. The remaining non-responses over 60 percent to 89 percent shall be treated as single occupant vehicle commuters. However,

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Packet Pg. 578 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
28 June 2014Proposed Amended August 2023
if an employer achieves a 90 percent response rate or higher, the remaining non-response percentage can be reported in the “Other Days Off” category in the AVR calculation; d. The data collected must reflect the daily commuting activity of employees and their modes of travel that occur during each month or quarter of the program cycle; e. Quarterly or monthly AVR must be calculated separately, and must be aggregated to determine the yearly AVR calculation;
f. Data from the last three compliance years shall be kept at the worksite and be made available upon request;
g. The following data must be available, and traceable to individual employee records:
travel mode for each day data is collected; any data that is specified in section II.C. AVR Data Collection Methods; and, employee ID number or other individual identification; h. Any data submitted via electronic media must be compatible with the South Coast AQMD’s software;
i. The data used for the AVR calculations cannot be more than six months old, with the six month period beginning on the last day of the survey week; and, j. The alternative AVR data collection method shall be re-certified 60 calendar days prior to each program due date, when the employer proposes to modify its approved method or upon amendments to Rule 2202 or guidelines that changes AVR data collection, calculations or methodologies.

4. Vehicle Miles Traveled (VMT) Reporting
Vehicle Miles Traveled (VMT) is the number of miles traveled one-way by an employee during their commute trip to the worksite. VMT for an employee is determined based on the distance (in miles) from the employee’s home to the worksite. Total VMT is the total number of miles traveled by all employees based on their commute distance to the worksite and is required to be reported on the annual compliance submittal.

Worksites will collect VMT data through the AVR survey. All survey participants will report miles traveled one-way from home to the worksite. The number of miles traveled will be reported once per survey taker and will apply to all five days of the survey period. For each individual employee, the number of miles from home to worksite will be used to calculate the miles traveled per commute mode. Individual employee survey VMT information will be combined and summarized on the AVR survey summary.

Employers will report VMT data per commute mode by summing the miles traveled of daily employee trips for each commute mode type. Employers will submit the AVR summary with VMT data. Total VMT will not impact AVR or the measured success of the program.

C. AGGREGATING AVR FOR MULTI-SITE EMPLOYERS (OPTIONAL)
Employers that submit a multi-site plan may choose to aggregate the AVR data for all of the regulated worksites in that ECRP. For worksites that belong to the multi-site employer, the aggregate AVR is the total number of window employees divided by the total number of vehicle

10.B.c
Packet Pg. 579 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
29 June 2014Proposed Amended August 2023
trips for all the worksites in the multi-site plan. All worksites that are to be included in the aggregate AVR calculation must be within the same AVR Performance Zone.

Aggregate AVR can be obtained in three steps. First, the number of peak window employees used in calculating each worksite AVR must be added. This sum will yield the total number of window employees for all worksites. Second, the number of vehicle trips used in calculating each worksite AVR must be added. This total will yield the total number of vehicle trips for all worksites. Finally, the total number of employees must be divided by the total number of vehicle trips to obtain the combined AVR for all worksites. This calculation will then yield the aggregate AVR for the multi-site employer.

Example:

AVR =
Window employees for site 1 + window employees for site 2 … Vehicle trips for site 1 + vehicle trips for site 2 …
Employers submitting multi-site programs may also voluntarily include worksites with fewer than 250 worksite employees in the aggregated AVR and/or employees of other businesses located at the worksite not subject to the Rule. In order to do so, all provisions of the AVR Data Collection section must be met, and the employer must demonstrate that an AVR baseline calculation has been established. Employers at non-regulated worksites are not required to implement other ECRP elements, such as having an on-site ETC or offering employer incentives and good faith effort determination elements. Employers voluntarily including worksites that have less than 250 worksite employees, must provide a letter of declaration signed by an official authorized to contract on behalf of and/or legally bind the employer which declares the following:
a. The employer is voluntarily agreeing to subject itself to the authority and requirements of Rule 2202 for the worksites which currently have fewer than 250 employees, and that they are doing so freely and wholly voluntarily without any duress on behalf of the South Coast AQMD;
b. The employer waives its right to challenge the applicability of Rule 2202 to any and all included sites within the South Coast AQMD should enforcement action be taken against the employer; and,
The employer is receiving a benefit from agreeing in that they are being allowed to claim vehicle trip credit toward their aggregate AVR.

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Packet Pg. 580 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
30 June 2014Proposed Amended August 2023
V.VI. EMISSION FACTORS
(R2202, subdivisions (e), (g) and (mn))
Emission Reduction Target (ERT) is the annual VOC, NOx, and CO emissions required to be reduced by each worksite based on the number of employees reporting to work during the peak window and the appropriate Performance Zone in accordance with Rule 2202. The ERT for each pollutant, for each worksite may be calculated by using the appropriate emission factors based on CARB approved on-road mobile source emission factors (EMFAC) model.

The emission factors will be revised upon U.S. EPA's final approval for use of the California Air Resources Board (CARB) approved EMFAC model in accordance with subdivision (m) of the Rule. The Executive Office or designee will publish, on the South Coast AQMD web site, the updated emission factors within 30 days of U.S. EPA approval.

The emission factors may be modified to worksite specific emission factors reflecting vehicle age and trip length characteristics of the employee vehicle fleet.

In calculating VTECs for Commute Trip Reductions, employers may also utilize data obtained by one of the following methods:
a. Default data based on the weighted average of the average vehicle ridership survey data of the previous three years;
b. Data obtained by conducting an average vehicle ridership survey in accordance with Rule 2202 - Employee Commute Reduction Program Guidelines;
c. Data based on the default average vehicle ridership of 1.10; or d. Data obtained by an alternative methodology, which may include documentation of the CCVR claimed, approved by the Executive Officer or designee.

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Packet Pg. 581 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
31 June 2014Proposed Amended August 2023
VI.VII. GLOSSARY

1. ANNUAL REGISTRATION means an annual form submitted by an employer to the South Coast AQMD per paragraph (j)(1) of the Rule.

2. AREA SOURCE CREDITS (ASCs) are emission credits, issued pursuant to Regulation XXV - Intercredit Trading.

3. AVR DATA COLLECTION METHOD is a method for gathering employee commute mode data needed to calculate an employer's average vehicle ridership.

4. BROKER ACCOUNT is an account held by the South Coast AQMD, opened by any person or other entity within the Rule 2202 program that may be used to bank emission credits from emission reduction strategies as described in section II.

Emission Reduction Strategies, prior to transfer or assignment for use in satisfying an employer’s Emission Reduction Target.

4.5. BUSINESS TYPE/CLASSIFICATION is the activity type that classifies the primary nature of work conducted at the worksite.

5.6. COMPRESSED WORK WEEK (CWW) applies to employees who as an alternative to completing basic work requirement in five eight-hour workdays in one week, or 10 eight-hour workdays in two weeks, are scheduled in a manner which reduces vehicle trips to the worksite. The recognized compressed work week schedules for this Rule are, but not limited to, 36 hours in three days (3/36), 40 hours in four days (4/40), or 80 hours in nine days (9/80).

6.7. DISABLED EMPLOYEE means an individual with a physical impairment which prevents the employee from traveling to the worksite by means other than a singleoccupant vehicle.

7.8. EMISSION REDUCTION CREDITS (ERCs) are credits as defined in subdivision (l) of Rule 1302 Definitions and includes the permanent credit issued under Rule 1309(f)(1).

8.9. EMPLOYEE COMMUTE REDUCTION PROGRAM.means an annual program under the Employee Commute Reduction Program option, submitted to the SCAQMD, in accordance with the companion guidelines.

10. EMPLOYEE is any person employed by a person(s), firm, business, educational institution, non-profit agency, or corporation, government or other entity. The term excludes seasonal employees; temporary employees; volunteers; field personnel; field construction workers; and independent contractors.

11. EMPLOYEE COMMUTE REDUCTION PROGRAM is a compliance option that allows employers the ability to choose and implement various rideshare strategies included in the ECRP Guidelines at the worksite.

9.12.EMPLOYEE TRANSPORTATION COORDINATOR (ETC) is an individual who has completed a South Coast AQMD certified training course and has been appointed to develop, market, administer, and monitor the worksite’s chosen Rule 2202 compliance option.

10.13. FEDERAL FIELD AGENT means any employee who is employed by any federal entity whose main responsibility is National Security and performs field enforcement

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Packet Pg. 582 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
32 June 2014Proposed Amended August 2023
and/or investigative functions. This does not include employees in non-field or noninvestigative functions.

11.14. FIELD CONSTRUCTION WORKER means an employee who reports directly to work at a construction site.

15. FIELD PERSONNEL means employees who spend 20% or less of their work time, per week, at the worksite and who do not report to the worksite during the peak period for pick-up and dispatch of an employer-provided vehicle.

12.16. FURLOUGH means a temporary, unpaid leave of absence or reduction in hours.

Furloughed employees should be assigned as furloughed and continue to be employed by the worksite.

13.17. HOLIDAYS are those days designated as National and State Holidays that shall not be included in the survey period.

14.18. INDEPENDENT CONTRACTOR means an individual who enters into a direct written contract or agreement with an employer to perform certain services and is not on the employer's payroll.

15.19. INTER-POLLUTANT CREDITING means the use of emission reduction credits of one type of pollutant that may be used in lieu of another type of pollutant.

16.20. LOW-INCOME EMPLOYEE means an individual whose salary is equal to, or less than, the current individual income level set in the California Code of Regulations, Title 25, Section 6932, as lower income for the county in which the employer is based. Higher income employees may be considered to be "low-income" if the employees demonstrate that the program strategy would create a substantial economic burden.

17.21. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) are emission reduction credits issued pursuant to Regulation XVI - Mobile Source Offset Programs.

22. MOTOR VEHICLE means a self-propelled vehicle, consistent with California Vehicle Code 415.

18.23. PART-TIME EMPLOYEE means any employee who reports to a worksite on a part-time basis fewer than 32 hours per week, but more than four hours per week.

These employees shall be included in the employee count for purposes of Rule applicability; and for emission reduction calculations of the employer provided the employees report to the worksite during the Peak Commute Window.

19.24. PEAK COMMUTE WINDOW is the period of time, Monday through Friday between the hours of 6:00 a.m. and 10:00 a.m.

20.25. PERFORMANCE ZONE for each worksite is determined by its geographic location within the geographic boundaries as described in Attachment I of Rule 2202.

26. POLICE/SHERIFF means any employee who is certified as a law enforcement officer and is employed by any state, county or city entity. Such employees are only police officers and sheriffs who perform field enforcement and/or any investigative functions. This would not include employees in non-field or noninvestigative functions.

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Packet Pg. 583 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
33 June 2014Proposed Amended August 2023

21.27. REMOTE EMPLOYEES are telecommuting employees who are assigned to a regulated worksite, however, primarily live and work at locations outside of the South Coast AQMD, and physically commute to the regulated worksite less than five days a year

28. SCHOOL means any public or private School, including juvenile detention facilities with classrooms, used for the education of more than 12 children at the School in kindergarten through grade 12. School also means an Early Learning and Developmental Program by the U.S. Department of Education or any state or local early learning and development programs such as preschools, Early Head Start, Head Start, First Five, and Child Development Centers. A School does not include any private School in which education is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of School property

22.29. SEASONAL EMPLOYEE means a person who is employed for less than a continuous 90-day period or an agricultural employee who is employed for up to a continuous 16-week period.

23.30. SHORT TERM EMISSION REDUCTION CREDITS (STERCs) are credits as defined in subdivision (am) of Rule 1302 - Definitions.

24.31. STUDENT WORKERS are students who are enrolled and gainfully employed (on the payroll) by an educational institution. Student workers who work more than four hours per week are counted for Rule applicability and if they report to work during the 6:00 a.m. - 10:00 a.m. window are counted for emission reduction calculations.

25.32. TELECOMMUTING means 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 more than 50%. occurs when an employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a commute trip to the worksite or reduces the commute travel distance by more than 50%.

26.33. TEMPORARY EMPLOYEE means any person employed by an employment service or agency that reports to a worksite other than the employment agency's worksite, under a contractual arrangement with a temporary employer. Temporary employees are only counted as employees of the temporary agency for purposes of Rule applicability.

34. TRANSPORTATION MANAGEMENT ASSOCIATION OR TRANSPORTATION MANAGEMENT ORGANIZATION (TMA/TMO) means a private/non-profit association that has a financial dues structure joined together in a legal agreement for the purpose of achieving mobility and air quality goals and objectives within a designated area.

27.35. VEHICLE MILES TRAVELED (VMT) means the number of miles traveled oneway by a motor vehicle for a worksite commute trip.

28.36. VOLUNTEER means any person(s) at a worksite who, of their own free will, provides goods or services, without any financial gain.

29.37. WORKSITE EMPLOYEE THRESHOLD means 250 employees employed at a single worksite for the prior consecutive six-month period calculated as a monthly

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Packet Pg. 584 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Rule 2202 Implementation Guidelines
34 June 2014Proposed Amended August 2023
average and 33 or more employees scheduled to report to work during the Peak Commute Window any one day during the prior consecutive 90 days

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Packet Pg. 585 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT H
RULE 2202 – ON-ROAD MOTOR VEHICLE MITIGATION OPTIONS

EMPLOYEE COMMUTE REDUCTION PROGRAM GUIDELINES
February 5, 2016Proposed August 4, 2023s
Deputy Executive Officer
Planning, Rule Development, and Area SourcesImplementation Philip Fine, Ph.D.Sarah L. Rees, Ph.D.

Assistant Deputy Executive Officer
Planning, Rule Development, and Area SourcesImplementation Jill WhynotIan MacMillan
Planning and Rules Manager
Planning, Rule Development, and Area SourcesImplementation Carol A. GomezVicki White
AUTHORS: ERNEST LOPEZ – AIR QUALITY SPECIALIST
ANTONIO THOMAS – SENIOR TRANSPORTATION SPECIALIST
NATALIE GONZALEZ – ASSISTANT AIR QUALITY SPECIALIST
CHELSEE OROZCO – ASSISTANT AIR QUALITY SPECIALIST
TECHNICALL ASSISTANCE: ANTONIO THOMAS – SENIOR TRANSPORTATION SPECIALIST LANE GARCIA – TRANSPORTATION PLAN REVIEWER
JEFFREY INABINET – SENIOR STAFF SPECIALIST
REVIEWED BY: WILLIAM WONG – PRINCIPAL DEPUTY DISTRICT COUNSEL LAUREN NEVITT – SENIOR DEPUTY DISTRICT COUNSEL
JOHN JONES – SENIOR DEPUTY DISTRICT COUNSEL

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Packet Pg. 586 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

GOVERNING BOARD
Chairman: WILLIAM A. BURKE, Ed.D.

Speaker of the Assembly Appointee
Vice Chairman: BEN BENOIT
Councilmember,Wildomar
Cities of Riverside County
Members: MICHAEL D. ANTONOVICH
Supervisor, Fifth District
County of Los Angeles
JOHN J. BENOIT
Supervisor, Fourth District
County of Riverside

JOE BUSCAINO
Councilmember, 15th District
City of Los Angeles
MICHAEL A. CACCIOTTI
Councilmember, South Pasadena
Cities of Los Angeles County/Eastern Region
JOSEPH K. LYOU, Ph.D.

Governor's Appointee
LARRY McCALLON
Mayor, Highland
Cities of San Bernardino County

JUDITH MITCHELL
Councilmember, Rolling Hills Estates
Cities of Los Angeles County/Western Region

SHAWN NELSON
Supervisor, Fourth District
County of Orange
Dr. CLARK E. PARKER, SR.

Senate Rules Committee Appointee

DWIGHT ROBINSON
Councilmember, Lake Forest
Cities of Orange County

JANICE RUTHERFORD
Supervisor, Second District
County of San Bernardino
Executive Officer: BARRY R. WALLERSTEIN, D.Env.

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Packet Pg. 587 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

GOVERNING BOARD
Chair: VANESSA DELGADO
Senator (Ret.)
Senate Rules Committee Appointee
Vice Chair: MICHAEL A. CACCIOTTI
Council Member, South Pasadena
Cities of Los Angeles County/Eastern Region
Members:

ANDREW DO
Supervisor, First District
County of Orange

CURT HAGMAN
Supervisor, Fourth District
County of San Bernardino

GIDEON KRACOV
Governor’s Appointee

PATRICIA LOCK DAWSON
Mayor, Riverside
Cities of Riverside County Representative

LARRY MCCALLON
Mayor, Highland
Cities of San Bernardino County
HOLLY J. MITCHELL
Supervisor, Second District
County of Los Angeles

VERONICA PADILLA-CAMPOS
Speaker of the Assembly Appointee
V. MANUEL PEREZ
Supervisor, Fourth District
County of Riverside

NITHYA RAMAN
Council Member, Fourth District
City of Los Angeles Representative

CARLOS RODRIGUEZ
Council Member, Yorba Linda
Cities of Orange County
JOSÉ LUIS SOLACHE
Council Member, Lynwood
Cities of Los Angeles County/Western Region
Executive Officer:

WAYNE NASTRI

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Packet Pg. 588 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

PREFACE
Implementation of an Employee Commute Reduction Program (ECRP) is strictly optional under Rule 2202 On-Road Motor Vehicle Mitigation Options (Rule 2202). This program is designed to reduce emissions from motor vehicles as a strategy to meet ambient air quality standards mandated by the Federal Clean Air Act. As an indirect mobile source emission control strategy it Rule 2202 is intended to reduce vehicle miles traveled and increase the aAverage vVehicle rRidership (AVR) of work- related trips at subject regulated worksites.

Rule 2202 and the guidelines for the ECRP are consistent with the Health and Safety Code §40717 which establishes compliance requirements for California transportation performance standards.

This document has been prepared to assist employers in understanding the development and implementation requirements of the ECRP at their worksites. The ECRP focuses on reducing work related vehicle trips and vehicle miles traveled to a worksite with the purpose of achieving and maintaining the employers’ designated AVR targets.

South Coast AQMD staff is available to answer questions and to provide assistance to employers who are developing and implementing programsan ECRP. It is recommended that Tthe entire guidance document should be read in order to fully understand the program requirements. Direct any questions concerning these guidelines to the Transportation Programs Hotline at (909) 396- 3271 or [email protected].

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Packet Pg. 589 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

TABLE OF CONTENTS
I. PROGRAM OVERVIEW………………………………………………………………1
A. Introduction……………………………………………………………………….1
B. Applicability………………………………………………...…………………….1

1. Program Notification………………………………...………………….1
C. Types of Employee Commute Reduction Programs………………………………1 Figure 1. Rule 308 – Notification Flow Chart…………………………………….2 D. Program Submittal Schedule………………………………………………………3
E. Program Types………………………………………………………………….....3

1. Single Site Program……………………………………………………..3

2. Multi-Site Program……………………….…..………………………..43

3. High AVR Program………………………………..…………………..54

4. AVR Improvement Program…………….………..……………………54
Examples of Qualifying and Non-Qualifying Submittals….……..……65 Table 1. AVR Improvement Program Submittal Examples……..…….65 F. Program Administration……………………….……..…………………………..75

1. Program Submittal and Compliance…………………..……………….75

2. Program Implementation……………..………………………………..76
G. Record Retention Requirements…………………..…….……………………….76 H. Compliance……………………..……….……………………………………….86
II. PROGRAM IMPLEMENTATION…………………..……….………………………97
A. Program Review………………………………………………………………….97
B. Calculating AVR……..……….………………………………………………….98

1. Employee Categories……………………………..……………………98

2. Police, Sheriff, and Federal Field Agents…………………………….108

3. Telecommute Employees…………………………….……….………..10

2.4.Furloughed Employees…………………………………….………..…11

3.5.AVR Adjustments…………………………………………………….119
C. AVR Data Collection Methods………………………..……………………..…131

1. AVR Survey…………………..………………………………………131
a. AVR Survey Parameters……………..……………………...….141
b. Window Period for AVR Calculation…………..…….……..….142
c. AVR Calculation………………..………………………………152

2. Random Sampling…………………..………………………………...152

3. Alternate AVR Data Collection………………..…………………..…163
D. Aggregating AVR for Multi-Site Employers (Optional)……………..………...174 E. Annual AVR Performance Requirement…………..………………,………..…175 E.F. Vehicle Miles Traveled (VMT) Reporting………………………………18 F.G. Good Faith Effort Determination Elements………………...………..…195 Figure 2. Rule 2202 Requirements – Compliance Flow Chart…….………….2116 III. ADMINISTRATION OF THE ECRP…………………….…………………..……2217 A. Employee Transportation Coordinator…………….………………………….2217 B. Consultant Employee Transportation Coordinator……………………………2218

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Packet Pg. 590 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management C. Centralized Rideshare Service Center………………………………………...2218 IV. SPECIAL PROCEDURES………………………………………………………..…2419
A. Extensions………………………………………………………………..……2419
B. Program Amendments……………………………………………………..….2419
C. Change of Ownership………………………………..………….…………..….250
D. Relocation……………………………………..…………………………..……250
E. Declared Bankruptcy………………………………..………….…………..…..250
F. Declared State of Emergency…………………………..…………..…….……..261 G. Program Disapproval Appeals…………………………..………………..…….261 H. Delay Program Review Request…………………..……………….………..….261 V. EMPLOYEE COMMUTE REDUCTION STRATEGIES……………..…………..271 A. Commute Reduction Strategies……………..…………………………………..271 B. Parking Cash-Out Program………………………………………….………...3226
B.C. Electric Vehicles (EV) or Other- Alternative- Fueled Vehicles…………32 VI. GLOSSARY………………………………………………………………………….3427
VII. ATTACHMENT I…………………………………………..……...………………….391

10.B.c
Packet Pg. 591 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 1 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 I. PROGRAM OVERVIEW
A. Introduction
Rule 2202 is designed to reduce mobile source emissions from employee commutes. The Rule provides employers with a menu of emission reduction strategies that can be implemented to meet the designated emission reduction target (ERT) for their worksite. As an alternative to meeting an ERT, Rule 2202 also allows employers the option to implement an Employee Commute Reduction Program (ECRP) that meets the rule exemption requirements. The implementation of an ECRP is expected to lead to achievement and maintenance of the employer’s designated average vehicle ridership (AVR) target, determined by the worksite’s AVR Performance Zone pursuant to Rule 2202 (l)(3), through the reduction of work related vehicle trips.

B. Applicability
This program can be implemented by any employer that employs 250 or more employees at a worksite, on a full or part-time basis, calculated as a monthly average over the prior six consecutive months. Each monthly employee population for the prior consecutive six months is added and then divided by six to determine whether the employer’s average employee population figure is 250 or more.

1. Program Notification
Employers with 250 or more employees upon becoming subject to Rule 2202 shall notify the South Coast AQMD in writing within 30 days and include the following information:
a. Employer's name;
b. Worksite and mailing address of the business;
c. Name, title, phone number, and email address of the highest ranking official at the worksite;
d. Name, title, phone number, and email address for a contact person at the worksite; and, e. Number of employees at the worksite.; and,
e.f. Business type/ classification
Once the employer has notified the South Coast AQMD, within 90 calendar days from that notification, the employer must submit an initial ECRP, if that compliance option is chosen.

Any employer that is subject to Rule 2202 but fails to notify the South Coast AQMD within 30 calendar days of becoming subject to the rule will be subject to the Failure to Notify Surcharge as set forth in Rule 308 – On-Road Motor Vehicle Mitigation Options Fees and may be subject to civil or criminal enforcement action (see Figure 1).

C. Types Of Employee Commute Reduction Programs
On the program due date, or within 90 calendar days of becoming subject to the Rule, an employer choosing to comply through this option must submit one of the following ECRP annual programs:
a. A single-site employer must submit a single site ECRP. b. A multi-site employer may submit either a Multi-Site ECRP, separate single site programs, or a combination of multi-site and single site programs.

10.B.c
Packet Pg. 592 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 2 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 Rule 308 – Notification Requirements
Figure 1. Rule 308 – Notification Flow Chart
90 days to submit
Annual Registration
Failure to Notify
Employer does not notify
within 30 days
Submit registration/plan on
time with filing fee Rule
308(c) or Rule 311(b)
South Coast AQMD
notifies Employer
Employer notifies
South Coast AQMD
In Compliance
Addition of Late Fee
(Potential Notice of Violation)
Failure to Notify Surcharge
Rule 308(m)
There are different surcharges levied for South
Coast AQMD notification and Employer
Notification. See Rule 308(m) for the current
surcharge rates.

Employer reach
minimum rule threshold
≥250 Employees for a consecutive six-month period
calculated as a monthly average
Rule 2202 (b)
Employer notifies South Coast AQMD
within 30 days
Yes No
Yes No
Extensions may be granted
on case-by-case basis
Rule 308(c) or Rule 311(b)

10.B.c
Packet Pg. 593 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 3 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 D. Program Submittal Schedule
Employers must submit an annual ECRP by the established due date. The ECRP reports the AVR status for the current year and, when not achieving the target AVR, an implementation plan that will achieve or make progress toward the AVR target for the worksite. Worksites included in a Multi-Site program submittal must all have the same annual due date and be located within the same AVR Performance Zone. Annual due dates shall remain permanent unless modified by the Executive Officer or designee or a written request to change the due date is submitted by the employer and approved in writing by the South Coast AQMD.

E. Program Types
An ECRP that reports the results of an AVR data collection method and calculation, and/or a plan that the employer will implement to meet the AVR target, must be submitted to the South Coast AQMD by the program due date. ECRPs must be submitted in the format approved by South Coast AQMD and include the following elements:

1. Single Site Program
a. A management commitment endorsed by the highest-ranking official at the worksite or the person responsible for allocating the resources necessary to implement the program.

This endorsement shall include a commitment to fully implement the program and that all data in the program is accurate to the best of the employer's knowledge. The endorsement, commitment, and signature line can be found in the ECRP compliance forms;
b. The nName of the Employee Transportation Coordinator (ETC), On-site Coordinator, and/or Consultant ETC;
c. The nName of the worksite contact person, if different from the ETC; d. Effective September 1, 2024January 1, 2025, business type/classification:
• Worksite must designate the primary nature of work conducted at the worksite by selecting one option from the list provided by South Coast AQMD. The business type/classification options are:

Business Type/Classification NAICS codes
Utilities 22
Construction 23
Manufacturing 31-33
Wholesale Trade 42
Retail Trade 44-45
Transportation and Warehousing 48-49
Information 51
Finance and Insurance 52
Real Estate and Rental and Leasing 53
Professional, Scientific, and Technical Services 54
Management of Companies and Enterprises 55

10.B.c
Packet Pg. 594 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 4 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 Administrative and Support and Waste Management and Remediation Services 56
Educational Services 61
Health Care and Social Assistance 62
Arts, Entertainment, and Recreation 71
Accommodation and Food Services 72
Public Administration/Government 92
Other (please specify):
d.e.The number of employees that begin work during a typical work week within the peak commute window;
f. Effective September 1, 2024January 1, 2025, information on telecommuting practices including, but not limited to:
• The total number of employees who are eligible to telecommute, the maximum number of days per week they are allowed to telecommute, the number of employees who are currently telecommuting, the average number of days per week that employees telecommute, if any telecommute incentives are offered, and if the employees teleworking schedules are permanent, temporary or a return to office date has been set. An employer may choose to submit this information for different categories of employees at their worksite if telecommuting practices vary among the categories.
• A formalized telecommuting policy does not need to be developed for Rule 2202 compliance reporting purposes.
g. The AVR calculation and AVR data collection method;
h. Effective September 1, 2024January 1, 2025, the total VMT by employees assigned to the worksite;
• If an AVR survey is conducted, the total VMT will be reported on the employee AVR summary form
e.• If an AVR survey is not conducted, the worksite will report employee home zip codes in a format provided by South Coast AQMD. Zip codes shall be reported using anonymized employee data such that specific employee names or other identifying information is not included
f.i. Specific strategies as defined in sSection II.F. Good Faith Effort Determination Elements, the employer will implement;
g.j. Emission credit offset calculations and the emission reduction credit amounts or the Air Quality Investment Program (AQIP) fee amount required to meet the worksite AVR target if the option in Rule 2202 (l)(3)(A) is selected; and, h.k.Any applicable supporting documentation.

2. Multi-Site Program
In addition to submitting the elements described above for each worksite, employers submitting Multi-Site ECRPs shall submit a matrix that identifies specific strategies offered at each

10.B.c
Packet Pg. 595 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 5 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 individual worksite. Worksites can only be added to or removed from a multi-site program during the annual submittal or a program amendment submittal. New worksites may be added to a multi-site program provided the multi-site submittal is within the 90 calendar days specified for new worksites in section I.B. Applicability; otherwise new worksites shall remain as a single site program until the appropriate time to become part of the multi-site program.

Employers submitting Multi-Site ECRPs should consider the following:
a. The option of aggregating AVR for worksite submittals located within the same AVR Performance Zone, as described in section II.D. Aggregating AVR for Multi-site Employers;
b. In lieu of attaining the designated AVR at each employer worksite, surplus vehicle reductions from sites in the multi-site plan that exceed their designated AVR may be credited towards an employer’s worksite that has not met the target AVR for those worksites located within the same AVR Performance Zone; c. Implementation of a Centralized Rideshare Service Center (CRSC) in lieu of having a trained ETC at each worksite in the multi-site plan;
d. Designation of On-Site Coordinators for each worksite; and/or, e. The option of voluntarily including worksites with fewer than 250 worksite employees in the aggregated AVR and/or employees of other businesses located at the worksite not subject to the Rule.

3. High AVR Program
Any worksite submitting a High AVR Program, one that meets or exceeds the target AVR, is eligible for the reduced annual filing fees established in Rule 308 (c)(1)(A) and (c)(1)(B). To qualify, the following conditions must be met:
a. The annual employee survey must be conducted and the resulting AVR calculation must meet or exceed the target AVR;
b. It cannot be a first-time submittal resulting from a change of ownership as described in section IV.C. Change of Ownership unless the new owners submit a commitment letter which states they will continue to implement the previous owner’s ECRP; c. The target AVR must be met only through the implementation of an ECRP and cannot be met using emission credits or AQIP fees; and,
d. The employer submits an ECRP in the format approved by South Coast AQMD and includes the elements describe in section I.E. Program Types and Features, excluding the Good Faith Effort Determination Elements.

4. AVR Improvement Program
Any worksite submitting an ECRP that has an improvement of 0.05 or greater in the worksite AVR compared to the previous compliance year submittal, or demonstrates a minimum AVR increase of 0.01 per year when compared to the previous two compliance years is eligible for a 20% reduction of the annual filing fees established in Rule 308 (c)(2) and a reduced program submittal as described in paragraph f. below. To qualify, the following conditions must be met:

10.B.c
Packet Pg. 596 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 6 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 a. The annual employee survey must be conducted and the resulting AVR calculation must have an AVR increase of 0.05 or greater when compared to the previous compliance year submittal or has an AVR increase of 0.01 per year when compared to the previous two compliance years;
b. The worksite must have an approved ECRP for the compliance years that are used for the AVR comparison as described above;
c. The program cannot be a first-time submittal resulting from a change of ownership as described in section IV.C. Change of Ownership unless the new owners submit a commitment letter which states they will continue to implement the previous owners ECRP;
d. For multi-site programs, the aggregate AVR may be used to qualify for this reduction provided that a multi-site program with an aggregated AVR that is improved in comparison to the previous compliance year or previous two years; e. The AVR improvement must be only through the implementation of an ECRP and cannot be met by using emission credits or AQIP fees;
f. The employer submits an ECRP in the format approved by South Coast AQMD and includes the elements described in section I.E. Program Types and Features, excluding the Good Faith Effort Determination Elements; and,
g. The employer shall continue to implement the approved program strategies until the next program submittal that requires inclusion of strategies or submittal of a program amendment.

Examples of Qualifying and Non-Qualifying Submittals
If Employer A is submitting its ECRP in 2015 and has an AVR improvement of 0.01 every year when compared to the previous two years then it could submit an AVR Improvement Program.

Employer B has an improvement of 0 .01 when compared to the previous year, but there was a decline in AVR when compared to the submittal two years ago, it would not be eligible. If employer C has an increase of 0.05 over the previous year submittal it would be eligible. When an employer has a different program submittal option, they cannot use any prior year for the AVR Improvement, as shown by Employer D. The AVR Improvement Program examples are summarized in Table 1 below.

Table 1. AVR Improvement Program Submittal Examples
Submittal Year
AVR 2012 2013 2014 2015 AVRImprovement
Employer A 1.30 1.31 1.32 1.33 Yes
Employer B 1.30 1.31 1.30 1.31 No
Employer C 1.30 1.30 1.30 1.35 Yes
Employer D 1.29 1.30 AQIP
submit 1.35 No

10.B.c
Packet Pg. 597 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 7 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 F. Program Administration

1. Program Submittal and Compliance
All employers who choose to implement an ECRP shall submit an annual program plan that will lead to the achievement and maintenance of the annual AVR target. Employers unable to increase their AVR or meet the annual AVR target must submit one of the options listed in section II.E. Annual AVR Performance Requirement.

2. Program Implementation
Employers shall implement their ECRP within 30 days of receipt of their written program approval. An alternative program implementation date may be used if included in the Program submittal that has been approved or if otherwise stated in the written program approval. Any ECRP previously approved by the South Coast AQMD will remain in effect until:
a. A new program is approved;
b. An approved alternative is used to comply with Rule 2202; c. The employer receives notification from South Coast AQMD that they are no longer subject to the Rule; or
d. Rule 2202 is rescinded.

G. Record Retention Requirements
Employers must maintain records using the following criteria:
a. The employer must keep detailed records of the documents which verify the AVR calculation for a minimum of three compliance years.
b. Records which verify that all strategies in the ECRP have been marketed and offered shall be kept at the worksite for a minimum of three compliance years. Examples of records include but are not limited to: AVR calculation data; employee surveys; marketing materials; meeting agendas; proof of incentive purchases and distributions; and/or, plug-in hybrid electric vehicle (PHEV) type and home to work trip distances for the zero emission AVR credit.
c. Employers who have a qualifying AVR Improvement Program shall keep all records at the worksite, records as specified in paragraph b above, of the most recently approved ECRP which describes the good faith effort determination elements. This may require maintaining records longer than the minimum three compliance years as specified in paragraphs a and b above.
d. Employers who implement their programs using a Centralized Rideshare Service Center (CRSC) as described in section III.C., shall maintain records and documents at the CRSC, unless, upon written approval by the Executive Officer or designee, other record retention arrangements have been made.
e. Records may be maintained electronically provided that the materials can be viewed by commonly available software.

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Packet Pg. 598 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 8 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 H. Compliance
Failure to comply with any provisions of this Rule or this ECRP Guideline document is a violation of Rule 2202 and is subject to the penalties outlined in the Health and Safety Code §42400 et seq. Examples of violations include, but are not limited to:
a. Failure to maintain records as described in section G. Record Retention Requirements; b. Falsification of records;
c. Failure to submit an annual program;
d. Failure to submit proper fees in accordance with the provisions of Rule 308 - On-Road Motor Vehicle Mitigation Options Fees, Rule 311 - Air Quality Investment Program (AQIP) Fees, and Rule 313 - Authority to Adjust Fees and Due Dates; e. Failure to submit a management commitment verifying implementation of the program as approved by the South Coast AQMD, and/or;
f. Failure to implement components of an approved annual program.

The South Coast AQMD will not impose any ECRP requirements that are not a part of Rule 2202, the ECRP Guidelines, Rule 308, Rule 311, or Rule 313, and will only request information to determine compliance with these rules.

If a final determination that an element of an approved ECRP violates any provision of law is issued by any agency or court with jurisdiction to make such determination, then the employer shall, within 45 calendar days, submit a proposed program revision to the South Coast AQMD which shall be designed to achieve an AVR equivalent to the previously approved program.

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Packet Pg. 599 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 9 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 II. PROGRAM IMPLEMENTATION
A. Program Review
The South Coast AQMD staff will review ECRPs using the following criteria:
a. ECRPs will be approved provided the program complies with all requirements of Rule 2202, the ECRP Guidelines, Rule 308 - On-Road Motor Vehicle Mitigation Options Fees, Rule 311 - Air Quality Investment Program (AQIP) Fees, and Rule 313 - Authority to Adjust Fees and Due Dates;
b. Employer continues to demonstrate a good faith effort towards achieving the target AVR or has made appropriate changes/additions to the strategies when AVRs have declined or remained consistently low. Program submittals which fail to show an overall improvement in AVR from the previously submitted ECRP and do not provide revisions or additions to the strategy section are not considered to be a good faith effort on the part of the employer and may not be approved as submitted;
c. Within 90 calendar days of receipt of the program submittal, the South Coast AQMD will in writing, approve, preliminarily disapprove the program, or request up to 30 additional days to review the program, indicating to the employer the reasons for requiring additional review time;
d. If a program is not approved or disapproved within 90 calendar days, or if the South Coast AQMD has not requested additional review time, the program shall be deemed approved;
e. After the employer submits an ECRP, the South Coast AQMD will contact the employer to provide an opportunity to discuss any program inadequacies; and, f. If these inadequacies are not addressed, the South Coast AQMD will preliminarily disapprove the ECRP and provide in writing the reasons for the preliminary disapproval;

1. Any ECRP preliminarily disapproval by the South Coast AQMD must be revised by the employer and resubmitted within 30 calendar days of receipt of the notice of the preliminary disapproval;

2. The South Coast AQMD has 90 calendar days to approve or issue a final disapproval of the resubmitted ECRP;

3. If a notice of final disapproval is given, the employer will be in violation of Rule 2202 until a revised ECRP is submitted and approved by the South Coast AQMD or a successful appeal is taken, in accordance with Rule 216 – Appeals, to the Hearing Board.

B. Calculating AVR

1. Employee Categories
Employees that do not begin work at least one day during the 6:00 a.m. - 10:00 a.m. peak commute window are not included in the peak AVR calculation. Employees that are classified in the “Other Days Off” category are included in the AVR calculation if they begin work in the

10.B.c
Packet Pg. 600 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 10 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 window at least one day during the survey week. The net effect of “Other Days Off” on the AVR calculation will be neutral. Employees in this category include, but are not limited to, the following:
• employees on vacation, sick, or furlough;
• employees on per-diem or on-call that do not meet the definition of field personnel; • employees on jury duty, military duty;
• employees who begin work outside the window provided they begin in the window at least one other day during the week;
• employees not scheduled to work that day;
• employees that are home dispatched;
• employees on maternity leave;
• employees on bereavement leave; and/or,
• employees on medical /disability leave.

The following employee categories, as defined in the Glossary, are not considered for rule applicability or in calculating AVR:
• temporary employees;
• seasonal employees; • volunteers;
• field personnel;
• field construction workers; and/or,
• independent contractors.

Examples of Federal Field Agents include, but are not limited to, field employees of the Federal Bureau of Investigation (FBI), Customs and Border Protection or US Coast Guard.

3. Telecommute Employees
Telecommuting occurs when an employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a trip to the worksite or reduces the commute travel distance by more than 50%. Telecommute employees are included in the employee count for rule applicability and are required to be included in the number of employees within the peak window.

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Packet Pg. 601 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 11 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 Telecommute employees include employees who telecommute on a full time or hybrid schedule.

If a worksite is conducting an AVR survey, they may report total daily telecommute trips on the AVR summary form. Total daily telecommute employee trips may be reported even if not all telecommute employees respond to the AVR survey if the telecommute employees can be validated based on HR/Payroll records. For an employee on a hybrid schedule that does not respond to the AVR survey, the ETC will mark the commute mode as “no response” for the days that the employee physically reported to the worksite and telecommute for the days that they did not physically report to the office. This ensures that the worksite will receive full credit for the total number of commute trips reduced by telecommuting.

Worksites may only use the number of telecommuters in their annual plan submittal as described above if the telecommute employee number can be validated.

4. Furloughed Employees
Furloughed employees are employees that are under a temporary, unpaid leave of absence or reduction in hours.

3.5. AVR Adjustments
a. Carpools are counted as 2-6 people traveling together for 51% of the total trip distance.

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Packet Pg. 602 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 12 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 ii. Employees arriving to work in a plug-in hybrid electric vehicle (PHEV) can be considered to be using a ZEV provided that the entire home-to-work trip is made exclusively under electric power without use of the gasoline engine or cogeneration system.
iii. None of the employee ZEVs can be included in the AVR calculation if the employer has implemented a ZEV charging program that will result in the generation of emission reduction credits pursuant to Rule 2202 (f)(6) or other approved South Coast AQMD emission credit programs.
d. Compressed Work Week (CWW) credit will only be granted when all days worked and all CWW days off fall within the established AVR survey period. Employers may develop alternatives to the recognized compressed work week schedules of 3/36, 4/40, and 9/80 upon written approval by the South Coast AQMD. The proposed alternative must ensure that the resulting trip reductions are real, surplus, quantifiable, and enforceable. The types of CWW day(s) off must be clearly indicated on the AVR survey as follows:
i. 3/36 - 3 days work, 12 hours per day, 2 days off during the survey week; ii. 4/40 - 4 days work, 10 hours per day, 1 day off during the survey week; or iii. 9/80 - 9 days work, 80 hours per two weeks, 1 day off in a 2 week period during the survey.

If a person on a 3/36 scheduled work week works a 4 th day during the establishedsurveyed work week, an employer may only take credit for one (1) CWW day off since an additional commute trip occurred during the survey period. e. Non-commuting AVR credit is allowed for employees who remain at the worksite (if in the South Coast AQMD’s jurisdiction), or entirely out of the South Coast AQMD’s jurisdiction, for at least a full 24-hour period, to complete work assignments, and who generate no vehicle trips during the AVR window associated with arriving at the worksite. Non-commuting AVR credit is calculated as arriving at the worksite with no vehicle. Examples of employees who may be considered to be in this category are firemen, airline pilots, or flight attendants.
f. AVR credit for all employees leaving the worksite, during the window, may be calculated and averaged with employees arriving at the worksite during the window to obtain an aggregate AVR. However, if off-peak credits are used in the AVR calculation this credit cannot be used.
g. Off-Peak Credits - Employers may receive additional credits from employee trip reductions that occur outside of the peak window. An AVR survey or an alternative approved data collection method is required to obtain this data. This AVR survey cannot be older than 6 months at the time of program submittal. This credit may be calculated as follows:

AVR =
E
V − [CCVR ÷ 2.3]
Where:

E = Total number of weekly window employees in the peak window.

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Packet Pg. 603 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 13 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 V = Total number of weekly window vehicle trips in the peak window.

CCVR = Creditable commute vehicle reductions that occur outside of the peak window.

2.3 = Discount factor.
h. Non-Regulated Worksite Credits - Employers may voluntarily include worksites with less than 250 employees as described in section II.D. Aggregating AVR for Multi-site Employers and/or employees of other businesses located at the worksite not subject to the Rule.
i. Reduced Staffing - Employers may receive additional trip reduction credits, that have been discounted, from reduced staffing that occurs during events that are longer than five consecutive work days, such as school recesses/breaks, inventory, or temporary facility closures, as approved by South Coast AQMD. A separate AVR survey is required to obtain this data. This AVR survey cannot be older than 12 months old at the time of program submittal. This credit is not allowed for staff reductions resulting from actions such as layoffs, relocations, transfers, facility closures or temporary closures that are part of regularly schedule facility vacations. This credit may be calculated as follows:

AVR =
E × T
[Vn × Tn] + [Vr × Tr × 1.15]
Where:

Vn= Total number of weekly window vehicle trips during the regular operating schedule.

Tn= Total number of regularly scheduled operating days for the worksite.

Vr= Total number of weekly window vehicle trips that occur during the reduced staffing schedule.

Tr= Total number of reduced staffing schedule days.

C. AVR Data Collection Methods
Each employer must collect AVR data by one of the following applicable methods:

1. AVR Survey

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Packet Pg. 604 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 14 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 Employers must conduct an AVR survey approved by the South Coast AQMD. The survey should be taken over five consecutive workdays, Monday through Friday, and identify the transportation modes that employees used to travel to the worksite and begin work during the 6:00 a.m. - 10:00 a.m. window, each day during the survey week. The AVR survey data must be available and traceable to an individual employee. This may be through employee identification numbers, employee signature, or a pre-approved electronic identifier specific to each employee.

New Year’s Day January 1
Martin Luther King Jr. Birthday January (Third Monday)
Presidents Day February (Third Monday)
Memorial Day May (Last Monday)
Juneteenth June 19
Independence Day July 4
Labor Day September (First Monday)
California Rideshare Week October (First Week)
Veteran's Day November 11
Thanksgiving Day November (Fourth Thursday)
Christmas Day December 25
AVR surveys shall not be conducted during these weeks even if the employer does not observe these holidays or is open for business. Nor shall employers conduct an AVR survey during a week in which they observe a holiday not listed above.

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Packet Pg. 605 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 15 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 businesses operating seven days a week is 6:00 a.m. - 10:00 a.m. and the AVR reporting period is the five consecutive days, of the seven operating days, when the majority of the employees are scheduled to begin work. Businesses operating seven days a week may survey over a seven- day period so that for purposes of AVR reporting, they will account for individual employees over that portion of their five- day work week that falls within the five consecutive days.

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Packet Pg. 606 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 16 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 g. Any data submitted via electronic media must be compatible with South Coast AQMD’s software;
h. The random sample survey must be taken not more than six months prior to submittal of the Annual Program, with the six- month period beginning on the last day of the survey week; and,
i. The random sample method must be re-certified 60 calendar days prior to the program due date, only when the employer proposes to modify its approved certification method or upon amendments to Rule 2202 or guidelines that changes AVR data collection, calculations or methodologies.

3. Alternative AVR Data Collection
Employers have the option of selecting an alternative AVR data collection method for calculating the worksite AVR. Alternative AVR data collection methods must be certified by the South Coast AQMD prior to use, in accordance with the ECRP guidelines and the following criteria:
a. Employers, vendors, consultants, or other entities requesting certification for alternative AVR data collection methods must request certification at least 60 calendar days prior to the annual ECRP due date;
b. Data must be gathered from all employees who begin work during the window; c. The response rate to the data collection method must be at least 60 percent of those employees who begin work during the peak window. The remaining non-responses over 60 percent to 89 percent shall be treated as single occupant vehicle commuters. However, if an employer achieves a 90 percent response rate or higher, the remaining non-response percentage can be reported in the “Other Days Off” category in the AVR calculation; d. The data collected must reflect the daily commuting activity of employees and their modes of travel that occur during each month or quarter of the program cycle; e. Quarterly or monthly AVR must be calculated separately, and must be aggregated to determine the yearly AVR calculation;
f. Data from the last three compliance years shall be kept at the worksite and be made available upon request;
g. The following data must be available, and traceable to individual employee records:
travel mode for each day data is collected; any data that is specified in section II.C. AVR Data Collection Methods; and, employee ID number or other individual identification; h. Any data submitted via electronic media must be compatible with the South Coast AQMD’s software;
i. The data used for the AVR calculations cannot be more than six months old, with the six month period beginning on the last day of the survey week; and, j. The alternative AVR data collection method shall be re-certified 60 calendar days prior to each program due date, when the employer proposes to modify its approved method or upon amendments to Rule 2202 or guidelines that changes AVR data collection, calculations or methodologies.

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Packet Pg. 607 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 17 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 D. Aggregating AVR for Multi-site Employers (Optional)
Employers that submit a multi-site plan may choose to aggregate the AVR data for all of the regulated worksites in that ECRP. For worksites that belong to the multi-site employer, the aggregate AVR is the total number of window employees divided by the total number of vehicle trips for all the worksites in the multi-site plan. All worksites that are to be included in the aggregate AVR calculation must be within the same AVR Performance Zone.

Example:

AVR =
Window employees for site 1 + window employees for site 2 … Vehicle trips for site 1 + vehicle trips for site 2 …
Employers submitting multi-site programs may also voluntarily include worksites with fewer than 250 worksite employees in the aggregated AVR and/or employees of other businesses located at the worksite not subject to the Rule. In order to do so, all provisions of the AVR Data Collection section must be met, and the employer must demonstrate that an AVR baseline calculation has been established. Employers at non-regulated worksites are not required to implement other ECRP elements, such as having an on-site ETC or offering employer incentives and good faith effort determination elements. Employers voluntarily including worksites that have less than 250 worksite employees, must provide a letter of declaration signed by an official authorized to contract on behalf of and/or legally bind the employer which declares the following:
a. The employer is voluntarily agreeing to subject itself to the authority and requirements of Rule 2202 for the worksites which currently have fewer than 250 employees, and that they are doing so freely and wholly voluntarily without any duress on behalf of the South Coast AQMD;
b. The employer waives its right to challenge the applicability of Rule 2202 to any and all included sites within the South Coast AQMD should enforcement action be taken against the employer; and,
c. The employer is receiving a benefit from agreeing in that they are being allowed to claim vehicle trip credit toward their aggregate AVR.

E. Annual AVR Performance Requirement
Employers shall submit an ECRP and demonstrate that they have met the annual average vehicle ridership target for the AVR Performance Zone in which the worksite is located. Employers

10.B.c
Packet Pg. 608 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 18 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 unable to meet the annual AVR target and are not submitting a High AVR or AVR Improvement plan must submit:
a. An ECRP Offset annual plan where the difference between the worksite AVR and the target AVR Performance Zone is offset through participation in the Air Quality Investment Program (AQIP) or implementation of Emission Reduction Strategies (ERS) in accordance with the provisions of Rule 2202; or
b. An ECRP annual plan that includes the requirements described in section II.F. Good Faith Effort Determination Elements subject to the following conditions:
i. Unless otherwise stated, the good faith determination elements must be implemented such that they are reasonably likely to improve a worksite AVR by at least 0.01 annually. Employers must continue to demonstrate a good faith effort toward achieving the AVR target.
ii. If a worksite AVR decreases, remains the same, or does not improve from the previously submitted ECRP, the selection of strategies must be modified, the number of strategies increased, or an ECRP offset, AQIP, or ERS be implemented.
iii. Employers shall implement all currently approved good faith effort plan strategies until a new ECRP is approved.
iv. Employers may choose to implement programs or strategies offered by third party service providers (e.g., County Transportation Commissions, TMA/TMO, contracted services). If any plan strategy offered by a third party service provider is discontinued, the employer shall continue to implement the discontinued strategy or amend the plan.
v. Deletion or substitution of any plan strategies is not allowed unless approved by the Executive Officer or designee in writing.

A flow chart that identifies the good faith effort determination elements and the various rule options that employers may use to comply with the Rule requirements is shown in Figure 2.

F. Vehicle Miles Traveled (VMT) Reporting
Vehicle Miles Traveled (VMT) is the number of miles traveled one-way by an employee during their commute trip to the worksite. VMT for an employee is determined based on the distance (in miles) from the employee’s home to the worksite. Total VMT is the total number of miles traveled by all employees based on their commute distance to the worksite and is required to be reported on the annual compliance submittal.

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Packet Pg. 609 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 19 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 Employers will report VMT data per commute mode by summing the miles traveled of daily employee trips for each commute mode type. Employers will submit the AVR summary with VMT data. Total VMT will not impact AVR or the measured success of the program.

F.G. Good Faith Effort Determination Elements
Employers submitting an ECRP who have not attained their target AVR, and are not submitting a High AVR or AVR Improvement Program plan, shall demonstrate that the elements for the required strategies in each of the three (3) listed categories are implemented. Descriptions of each element can be found in section V. Employee Commute Reduction Strategies.

1. Marketing Strategies. Must include at least five (5) of the following strategies:
a. Attendance at a marketing class,
b. Direct communication by the highest ranking official, c. Employer newsletter, flyer, announcements, memos or letters d. Employer rideshare events, New hire orientation,
e. Rideshare bulletin boards, Rideshare website,
f. Rideshare meetings or focus group(s), or
g. Other marketing strategies that have been approved by the South Coast AQMD.

2. Basic Support Strategies. Must include at least five (5) of the following strategies:
a. Car Sharing Services,
a.b.Commuter Choice Programs,
b.c.Flex time schedules,
d. Guaranteed return trip,
c.e.Mobility Hub Services,
d.f. Personalized commute assistance,
e.g.Preferential parking for ridesharers,
f.h.Ride matching services,
i. Transit information center, or
j. Transportation Management Association (TMA)/Transportation Management Organization (TMO) Services,
k. Voluntary Worksite Transfer,
g.l. Zero Emissions Vehicle (ZEV) charging and fueling infrastructure, or h.m. Other basic support strategies that have been approved by the South Coast AQMD.

3. Direct Strategies. Must include at least five (5) of the following strategies:
a. Auto Services
b.a.Bicycle/scooter program,
c.b.Compressed work week schedules,
d.c.Direct financial awards,
e.d.Discounted or free meals,
f.e. Employee clean vehicle purchase program,
g.f. Gift certificates,
h.g.Off-peak rideshare program,

10.B.c
Packet Pg. 610 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 20 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 i.h. Parking charge or subsidy program,
j.i. Parking cash-out/parking management (voluntary)
k.j. Points program,
l.k. Prize drawings,
m.l. Startup incentive,
n.m. Telecommuting,
o.n.Time off with pay,
p.o.Transit subsidy,
q.p.Vanpool program, or
r.q. Other direct strategies that have been approved by the South Coast AQMD.

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Packet Pg. 611 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 21 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 Rule 2202 Requirements
Figure 2. Rule 2202 Requirements – Compliance Flow Chart Mandatory AVR Requirement
Zone 1

1.75 AVR
Emission Reduction Strategy (ERS) or Air Quality Investment Program (AQIP) (Achieve emission reduction target)
OR
ECRP Exemption
Zone 2

1.5 AVR
Zone 3

1.3 AVR
Worksite met or
exceeded AVR Target
High AVR Program
• AVR data and calculations
ECRP Offset
• AVR data and calculations
• ERS or AQIP for offset
ECRP Annual Submittal
• AVR data and calculations
• Good Faith Effort Determination Elements
o Marketing Strategies
o Basic Support Strategies
o Direct Strategies
Qualified AVR
Improvement*
AVR Improvement Program
• AVR data and calculations
YES NO
NO
YES
OR
*Qualified AVR Improvement
• AVR improvement of 0.05 compared to
most recent submittal
• AVR improvement of 0.01 over the most
recent 3 consecutive submittals

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Packet Pg. 612 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 22 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 III. ADMINISTRATION OF THE ECRP
A. Employee Transportation Coordinators
Employers must designate an employee to serve as an Employee Transportation Coordinator (ETC) for each worksite with 250 or more employees or per Multi-Site program that conducts an AVR survey, effective January 1, 2025. This person must successfully complete an South Coast AQMD ETC certification course.

This training provides the individual with the necessary information to conduct the survey process, prepare and implement the program, market the program and track the program results.

B. Consultant Employee Transportation Coordinator
An employer may use a Consultant ETC in lieu of an ETC, provided the Consultant ETC meets the definition of an ETC and the same minimum certification requirements as the ETC. A Transportation Management Association/Transportation Management Organization (TMA/TMO) may be considered a Consultant ETC provided its staff, acting in this capacity, meets the same certification requirements as the ETC. As an alternative to having a Consultant ETC available during normal business hours, the employer shall designate an On-Site Coordinator for each worksite.

C. Centralized Rideshare Service Center
The Centralized Rideshare Service Center (CRSC) may be used by employers submitting a Multi-Site ECRP to provide equivalent services in lieu of having a certified ETC at each worksite. Employers must have written approval from the South Coast AQMD prior to implementing a CRSC. The request for approval must include information describing the CRSC in detail and show how it will provide equivalent ETC services to the specific worksite(s).

The request for implementing a CRSC must have the following elements:
a. Identification of the CRSC location;
b. Description of the process of employee access to rideshare information and services, including an explanation of how it will provide services equivalent to having an ETC at each worksite;

10.B.c
Packet Pg. 613 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 23 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 c. Description of how each worksite will market, implement and maintain records in a manner equivalent to having an ETC or On-Site Coordinator at the worksite; d. Explanations of the ETC availability and accessibility to employees affected by the program; and,
e. Assurance that copies of all relevant supporting program materials is maintained at the CRSC, unless, upon written approval, other record retention arrangements have been made. Program materials include, but are not limited to, all marketing materials, flyers, brochures, pamphlets, schedules, and copies of the most recently approved Multi-Site ECRPs.

South Coast AQMD staff will review each request on a case by case basis to determine whether the CRSC meets the following criteria:
a. Identifies the CRSC facility location and demonstrates availability and accessibility to the ETC by all employees;
b. Demonstrates that the Multi-Site ECRP is adequately marketed and implemented at all included worksites; and,
c. Ensures that all other sites in the Multi-site program submittal have identified a worksite contact person who:
i. Has knowledge of the employer’s Multi-Site ECRP;
ii. Has knowledge of the employer’s marketing methods; and, iii. Is available to meet with South Coast AQMD compliance staff.

10.B.c
Packet Pg. 614 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 24 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 IV. SPECIAL PROCEDURES
A. Extensions
If an employer needs more time to submit a program to meet the requirements of these Guidelines and Rule 2202, additional time may be requested from the South Coast AQMD. An employer may request an extension to the program due date under the following:
a. The request must be in writing, state the reason for the extension request, the length of time needed, and include the appropriate filing fee, as specified in Rule 308 (n) and Rule 313 (f)(4);
b. All extension requests and fees must be received by the South Coast AQMD, no later than 15 calendar days prior to the program due date;
c. Requests are considered on a case-by-case basis and shall include reasonable justification for the extension request, such as, but not limited to, organizational restructuring, or the unforeseen long-term absence of an ETC;
d. An employer may request an extension to the program due date after the program has been disapproved for the first time. The request must be received within 15 calendar days of the receipt of the plan disapproval. The South Coast AQMD will inform the employer in writing within 15 calendar days of receipt of request, whether the extension has been granted;
e. An employer may, upon receipt of a written objection to the terms of the proposed program by an employee, employee representative or employee organization; request a single extension of 30 calendar days. A copy of the written objection should be attached to the request. One such request shall be granted by the South Coast AQMD; no subsequent extension may be granted for this purpose; and, f. Any change in the permanent due date that results in additional time to submit a plan will be considered an extension of time and shall be subject to the extension filing fee, as specified in Rule 308 (n) and Rule 313 (f)(4).

B. Program Amendments
An approved ECRP may be amended between program submittal dates by submitting a proposed program amendment in writing to the South Coast AQMD along with the applicable fee. Any change to the implementation of an approved program requires written South Coast AQMD approval. The program amendment must include the following:
a. Letter of explanation of proposed amendment signed by the highest ranking official; b. A copy of each affected strategy page from the last approved plan; c. A copy of each of the proposed replacement strategy pages; and, d. Applicable amendment fee as specified in Rule 308.

Employers proposing changes in strategies are encouraged to consider comparable ones that will continue making progress towards attaining the target AVR. Section V. Employee Commute Reduction Strategies, identifies a number of strategies that can be selected to substitute for those being changed. Any previously approved ECRP shall remain in effect until the amendment is

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Packet Pg. 615 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 25 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 approved by South Coast AQMD in writing. South Coast AQMD will either approve or disapprove the amendment within 90 calendar days of receipt.

Amendment requests may be approved if the employer demonstrates to the satisfaction of the Executive Officer or designee that the new strategy will result in an AVR which is equal to or better than the strategy it is replacing.

The amendment fees shall not apply when the amendment consists solely of the addition of strategies to the program or improvements to the existing strategies of an approved program.

Improvements to existing strategies may include, but are not limited to, increased meeting frequency or increases to subsidy amounts.

C. Change of Ownership
In the case of ownership mergers or change of ownership, the new owner must notify the South Coast AQMD of this change within 30 calendar days of the new ownership. The new employer, within 90 calendar days must submit a new ECRP or other compliance option to the South Coast AQMD which adheres to all provisions of Rule 2202 and Guidelines, or submit a letter which states they will continue to implement the program approved by the South Coast AQMD for the prior owner(s)
D. Relocation
Any employer relocating to a new worksite must notify the South Coast AQMD within 30 calendar days of the relocation. Relocations fall into two categories:
a. Employers relocating within two miles of the previous worksite address may elect to continue to implement the most recently approved ECRP or the employer may elect to submit a new ECRP. The employer must inform South Coast AQMD of the preference in the notification of relocation letter.
b. Employers relocating more than two miles from the previous worksite must submit a new ECRP within 90 calendar days of the relocation.

Worksite relocations that occur over time are subject to applicability requirements as described in section I.B. Applicability and Rule 2202 (b).

E. Declared Bankruptcy
An employer who has declared bankruptcy for the official business or governmental operations of its organization or employer through a judicial court filing and confirmation process may request the South Coast AQMD grant a temporary waiver from complying with the requirements of this Rule. Upon demonstration of the filing and confirmation of bankruptcy, the South Coast AQMD will grant an exemption for the duration of bankruptcy, not to exceed two years from the date of the waiver.

Employers shall submit an ERCP within 90 days of the bankruptcy waiver expiration unless they have submitted a written request for an exemption from the rule requirements pursuant to Rule 2202 (l)(1).

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Packet Pg. 616 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 26 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 F. Declared State of Emergency
During a period of significant impairment of transportation systems associated with an event resulting in a local, state or federally declared state of emergency, the South Coast AQMD may approve programs or program amendments including strategies which decrease trips associated with any location in the South Coast AQMD, including locations other than a worksite included in the program. Such strategies may be included in any program and may be a substitution for measures contained in an approved program. In the event of substitution, the employer shall demonstrate that any decrease in AVR at a worksite subject to the program will be offset by trips reduced elsewhere in the South Coast AQMD.

G. Program Disapproval Appeals
The South Coast AQMD has 90 calendar days to review the resubmitted Annual Program submittal. If the employer believes that the program meets the requirements of Rule 2202 and the Guidelines, and that the program was improperly disapproved, the employer may appeal the disapproval to the South Coast AQMD Hearing Board in accordance with Rule 216 - Appeals. A petition for appeal of disapproval must be made within 30 calendar days after the employer receives the notice of disapproval.

H. Delay Program Review Request
If an employer, employee, employee representative or employee organization requests a delay in action of program review, the request must be in writing to the South Coast AQMD within 30 calendar days of program submittal and cannot delay the period of time to exceed the 90th day after submittal.

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Packet Pg. 617 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 27 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 V. EMPLOYEE COMMUTE REDUCTION STRATEGIES
A. Commute Reduction Strategies
Below are the descriptions of the Good Faith Effort Determination Elements that employers can choose to implement. These strategies can be developed and implemented to meet the individual needs of employers in achieving the designated AVR target. Direct financial strategies are not required for program approval.

1. Auto Services - The employer provides auto services for employees participating in the commute reduction program. The employer must provide the type of service (e.g., oil changes, car washes, fuel, oil change, tune-up, repair certificate, etc), monetary value, frequency, eligibility, and minimum requirements to participate in the program.

2.1.Bicycle/Scooter Program - The employer provides eligible employees, who commute by bicycle/scooter, unique incentives and tools only available to bicycliststhese employees and not offered elsewhere in the plan. Examples of incentives that can be included in a program are:
• Bicycle/scooter matching/meetings;
• Shoes, clothing, helmets, etc.;
• Lockers, racks, etc.;
• Bicycle/scooter repair services;
• Tools or repair kits;
• Discounts at local bicycle/scooter shops; or
• Other bicycle/scooter related services.

The employer may also receive credit for implementing a Bicycle Program if the worksite participates in Bike-to-Work Month, or installs an electric bike/scooter sharing hub on worksite property.

2. Car Sharing Services – The employer implements a Car Sharing Service to enable rideshare participants to utilize vehicles (e.g. pool vehicles) from the worksite if necessary, because they used an alternative commute mode to arrive to the worksite.

3. Commuter Choice Programs - The employer provides a Commuter Choice tax benefits program, based on Section 132(f) of the federal tax code. This program allows employees to set aside pre-tax income for qualified commute modes. Section 132(f) covers transit, vanpool and bicycle benefits as well as qualified parking.

4. Compressed Work Week - A Compressed Work Week (CWW) schedule applies to employees who, as an alternative to completing the basic work requirements in five eighthour workdays in one week, or ten eight-hour days in two weeks, are scheduled in a manner which reduces trips to the worksite. Employers must indicate if the CWW is offered to all employees, or eligible employees and the total number of employees participating in each type of CWW schedule. It is recommended, but not required, that employers implementing this strategy have a formal written policy on CWW schedules.

5. Direct Communication - Direct communication by the employer’s highest ranking official at the worksite, to introduce and/or promote alternative commute modes, outline

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Packet Pg. 618 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 28 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 incentives and encourage participation in a rideshare program. This must occur, at a minimum, on an annual basis and may occur as electronic or written communication.

6. Direct Financial Awards - The employer, or other funding sources, provides eligible employees with cash subsidies for participation in the organization’s commute reduction program. The employer must provide the monetary value of the award, frequency, eligibility, and minimum requirements to participate in the program.

7. Discounted/Free Meals - The employer provides eligible employees with free or discounted meals for their participation in the commute reduction program. The employer must provide the monetary value of the award, frequency, eligibility, and minimum requirements to participate in the program.

8. Employee Clean Vehicle Purchase/Lease Program - Encourage and offer incentives for employees who purchase or lease partial zero emission vehicles (PZEV), advance technology PZEV (AT-PZEV), or zero emission vehicles (ZEV) (e.g., credit union loan rate discounts, financial incentives).

9. Employee Newsletter, Flyer, Announcements, Memos or Letters - A communication tool to introduce and/or promote alternative commute modes, outline incentives and encourage participation in a rideshare program that is updated and distributed, at a minimum, on a quarterly basis. If provided electronically, an update or notice must be sent to all employees of the communication’s availability.

10. Employee Rideshare Events - Employer sponsored events which promote rideshare opportunities that occur, at minimum, annually.

11. Flex Time - The employer permits employees to adjust their work hours in order to accommodate public transit schedules or rideshare arrangements. Ideally, employers would have a formal written policy on Flex Time. Do not select this strategy unless flex time is linked to your rideshare program.

12. Gift Certificates - The employer or other funding source provides eligible employees with gift certificates for participation in the commute reduction program. The employer must provide the certificate’s monetary value, frequency, eligibility, and minimum requirements to participate in the program.

13. Guaranteed Return Trip - The employer provides eligible employees with a return trip to the point of commute origin, when a need for the return trip arises. This need may be a personal emergency, an unplanned situation, or business-related activities (such as overtime). The employer needs to indicate if this service would be provided by employer vehicle, rental car, taxi, another employee, TMA/TMO, or other entities.

14. Marketing Class - The ETC attends a marketing class within 12 months prior to plan submittal. Proof of attendance must be included along with the submittal. The marketing class may include, but is not limited to:
• Development of a communication/marketing plan;
• Development of marketing materials;
• Development of presentation materials;
• Use of existing programs (e.g., Rideshare Week, rideshare fairs, etc.); and, • Fundamentals of marketing (including promotion techniques and consumer behavior).

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Packet Pg. 619 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 29 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023

15. Mobility Hub Services - The employer establishes a rideshare service (e.g. shuttle, van, electric bike/scooter station, last mile service, etc.) from the Mobility Hub to the worksite to provide services that encourage employee use of alternative commute modes. The Mobility Hub shall be a publicly accessible hub where employees have access to shared means of transport.

15.16. New Hire Orientation – The employer provides newly hired employees an overview of alternative commute options and employer incentives to promote and encourage participation in a rideshare program.

16.17. Off Peak Rideshare Program - The employer may voluntarily expand their commute reduction program to include employees who commute outside of the peak window.

17.18. Other Strategy(ies) - The employer can provide many types of strategies designed to encourage solo commuters to participate in the employee commute reduction program under each strategy heading. These strategies can include, but are not limited to, educational programs, use of clean fuel vehicles for commuting, employer vehicles for ridesharing, carsharing, mobility hub services, rideshare clubs, on-site amenities, electric vehicle infrastructure, voluntary worksite transfers, or the use of TMA/TMO services.

Employers who list more than one strategy may receive credit for each individual strategy.

18.19. Parking Charge/Subsidy - A parking fee is charged to employees who drive alone to the worksite and/or in exchange, employers may provide a subsidy to employees that can be used for the cost of alternative transportation modes. The employer must provide the monetary value of the charge/subsidy, frequency, eligibility, and minimum requirements to participate in the program. Employers who implement a Parking Charge/Subsidy strategy cannot claim credit as a Parking Cash-out program unless both are independent strategies.

19.20. Parking Cash-Out/Parking Management Strategies – The employer may voluntarily choose to offer a cash allowance to an employee, at a minimum equivalent to the parking value that the employer would otherwise pay to provide the employee with a parking space as described in the provisions of the Health and Safety Code §43845.

Employers may select this strategy as a Good Faith Determination Element provided they are not legally obligated to implement this requirement.

20.21. Personalized Commute Assistance - The employer provides personalized assistance such as transit itineraries, carpool matching and personal follow-up to employees. Examples of ways an employer can provide this service to employees are:
• Organize carpool/vanpool formation meeting(s);
• Assist in identifying park and ride lots;
• Assist in identifying bicycle and pedestrian routes;
• Assist in providing personalized transit routes and schedule information; or • Provide personalized follow-up assistance to maintain participation in the commute reduction program.

21.22. Points Program - Employees earn points for each day of participation in the employer’s commute reduction program. Points are redeemed for such rewards as time

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Packet Pg. 620 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 30 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 off, gift certificates, cash or merchandise. The employer must provide the monetary value of the points, frequency, eligibility, and minimum requirements to participate in the program.

22.23. Preferential Parking for Ridesharers - The employer provides eligible employees with preferential parking spaces to park their vehicles. These spaces must be clearly posted or marked in a manner that identifies them for carpool or vanpool use only. The employer shall provide, at a minimum, the following information:
• Number of preferential parking spaces,
• Minimum number of persons per vehicle required to be eligible, • Minimum number of days or percentage of ridesharing required to be eligible, and • Method of vehicle identification (e.g., tags, stickers, or license plate number).

23.24. Prize Drawings - The employer provides eligible employees, at a minimum, quarterly, with a chance to win prizes for participation in the commute reduction program. The employer must provide the monetary value of the prizes, frequency, eligibility, and minimum requirements to participate in the program.

24.25. Rideshare Bulletin Board - A physical display with materials that encourage and promote rideshare participation, publicizes incentives and, provides information about the employer’s rideshare program. The bulletin board should be in a location that would be most likely viewed by the majority of employees and must contain different information than the Transit Information Center. It may be necessary to have more than one bulletin board depending on the size of the worksite or employee population.

25.26. Rideshare Matching Services – The employer provides, at a minimum, annually, rideshare matching services, zip code lists, or assistance in finding commute alternatives for all employees. The employer must indicate how and when employees are matched (e.g., during new hire orientation, as part of the employer's annual AVR survey, or on demand). The employer must also indicate how the service is provided to employees, such as:
• Employer based system;
• Regional commute management agency;
• TMA/TMO system;
• Zip code lists/maps; and/or
• Outside service (e.g., consulting services).

26.27. Rideshare Meetings / Focus Groups - Meetings conducted with employees, at a minimum, semi-annually, to solicit input on commute behavior, incentives to rideshare, and to discuss ways to overcome the constraints to participating in alternative commute modes. These meetings may also be used to introduce employees who live in similar areas to foster the development of carpools and vanpools.

27.28. Rideshare Website – An employer’s website that is designed to act as a repository for information on the rideshare plan, that is updated, at a minimum, quarterly and is readily accessible to all employees. Employers may also implement other social marketing applications that are administered by the employer for the purposes of

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Packet Pg. 621 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 31 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 encouraging site specific employee trip reductions. At a minimum, quarterly notices must be given to the employees about the availability of the web site.

29. Startup Incentives - Incentives designed to reward solo commuters for joining a carpool, vanpool, or other alternative commute modes, and are generally provided over a short period of time. The employer must provide the monetary value of the incentives, frequency, eligibility, duration, and minimum requirements to participate in the program.

28.30. Transportation Management Association (TMA)/Transportation Management Organization (TMO) Services – The employer utilizes services offered by a TMA/TMO to manage employee transportation needs and to provide accessibility to alternative commute modes.

29.31. Telecommuting - Telecommuting occurs when an Employee works from home, off site, at a satellite office, or at a Telecommuting center which reduces the commute travel distance by more than 50%. means working at home, off-site, or at a telecommuting center for a full workday that eliminates the trip to work or reduces travel distance to the worksite by more than 51%. Ideally, employers would have a formal written policy on telecommuting, however, one does not need to be developed for Rule 2202 compliance. Employers must state if telecommuting is offered to all employees or eligible employees/units, the total number of employees participating in the program, the number of days per week employee’s work at home or at a satellite work center, if a formal written policy exists, and if any training/orientation sessions are held in support of the program.

30.32. Time Off With Pay - The employer provides eligible employees additional time off with pay for participation in the commute reduction program. The employer must provide the monetary value of the incentive, the amount of earned time off, frequency, eligibility, and minimum requirements to participate in the program.

31.33. Transit Information Center - The employer provides a transit information center that makes available general transit information and/or the on-site sale of public transit passes, tickets or tokens to the worksite employees. At a minimum, the information must be updated quarterly.

32.34. Transit Subsidy - Employers pay for all or part of the cost of commuting by local mass transit, commuter rail, train, or other public transit. The employer must provide the monetary value of the transit subsidy, frequency, eligibility, and minimum requirements to participate in the program.

33.35. Vanpool Program - The employer provides eligible employees with a vanpool program designed to encourage the use of existing vanpools or the development of new vanpools. The employers must provide:
• Total number of vans participating in the program;
• If the vans are employer owned or leased vans;
• If the vans are third-party owned or leased vans;
• If the vans are employee owned or leased vans;
• Amount and type of subsidies provided for insurance;
• Amount and type of subsidies for fuel and/or maintenance;

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Packet Pg. 622 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 32 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 • If empty seats are subsidized, and value and length of time this subsidy is offered; and,
• Any other benefit unique to vanpoolers that is not duplicated elsewhere in the ECRP submittal.

36. Voluntary Worksite Transfers – The employer allows eligible employees to transfer worksites to the worksite location that is located closer to the employee’s home. •37. Zero Emissions Vehicle Charging and Fueling Infrastructure – The employer installs charging or hydrogen fueling stations at the worksite. If implemented, the worksite will report the number of charging/fueling stations, the total number of charging/fueling ports, and other related information such as daily fueling capacity.

When including EV infrastructure, it must meet the criteria noted on the South Coast AQMD’s Electric Vehicle Charging Station (EVCS) Protocol. EVCS means a device or station that provides power to charge the batteries of a dedicated battery electric vehicle B. Parking Cash-out Program
Employers who are subject to the parking cash-out provisions of the Health and Safety Code §43845 are required to offer a cash allowance to employees in lieu of a parking space when the employer would otherwise pay to provide the employee with a parking space. Parking cashout applies to worksites where the employer leases employee parking, the parking lease is not included or bundled in the building lease, and the employer is able to reduce the number of parking spaces without penalty.

All employers subject to Health and Safety Code §43845 have a legal obligation to comply with state law regardless of whether an employer incorporates parking cash-out as one of the strategies in Rule 2202.

Employers not legally required to implement the parking cash-out provision, may voluntarily choose to offer a parking cash-out allowance to their employees and claim credit as a Good Faith Effort Determination Element.

C. Electric Vehicles (EV) or Other Alternative-Fueled Vehicles EV and other alternative vehicles, including hydrogen fuel cell vehicles, play an important role in reducing greenhouse gas and criteria pollutant emissions from employee commutes in comparison to conventional vehicles trips.

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Packet Pg. 623 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 33 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 a.b.Fuel Cell Electric Vehicle (FCEV) is a vehicle that uses a hydrogen powered fuel cell instead of an engine to generate electricity for the batters and electric motor. These vehicles generally utilize the same components as a battery electric vehicle, but with the addition of a hydrogen fuel cell and hydrogen storage tank.

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Packet Pg. 624 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 34 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 VI. GLOSSARY

1. AGGREGATE AVR means the weighted average AVR of an employer that has several different worksites within the same AVR Performance Zone that are included within one Employee Commute Reduction Program.

2. AVERAGE VEHICLE RIDERSHIP (AVR) is the current number of employees that begin work during the window for calculating AVR divided by the number of vehicles arriving at the worksite during the same window.

3. AVR CALCULATION means the numerical method used to determine the worksite's AVR, calculated to two decimal places, in accordance with these guidelines.

4. AVR DATA COLLECTION METHOD is a method for gathering employee commute mode data needed to calculate an employer's AVR.

5. AVR PERFORMANCE ZONE is a geographic area that determines the average vehicle ridership performance requirement or target for a worksite pursuant to the map in Attachment I of this guideline. The AVR Performance Zones are as follows:

Zone 1: 1.75 AVR
Zone 2: 1.5 AVR
Zone 3: 1.3 AVR

6. AVR WINDOW is the period of time, Monday through Friday between the hours of 6:00 a.m. and 10:00 a.m. used to calculate AVR in accordance with these guidelines. AVR Window, as applied to businesses operating seven days a week, is the period of time, Sunday through Saturday between the hours of 6:00 a.m. and 10:00 a.m., used to calculate AVR in accordance with these guidelines.

6.7.BUSINESS TYPE/CLASSIFICATION is the activity type that classifies the primary nature of work conducted at the worksite.

7.8.CARPOOL is a vehicle occupied by two to six people traveling together between their residences and their worksites or destinations for 51% 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 51% of the total trip distance.

8.9.CENTRALIZED RIDESHARE SERVICE CENTER (CRSC) may be used by employers submitting Multi-site programs that will provide equivalent services in lieu of having a trained ETC and implementation records at each worksite.

9.10. COMPLIANCE YEAR is the time period beginning when an ECRP is approved until a new ECRP is approved. Program amendments and extensions do not affect the compliance year.

10.11. COMPRESSED WORK WEEK (CWW) is an alternative schedule used to complete basic work requirements in a manner which reduces vehicle trips to the worksite. The recognized compressed work week schedules for this Rule are, but not limited to, 36 hours in three days (3/36), 40 hours in four days (4/40), or 80 hours in nine days (9/80).

11.12. CONSULTANT ETC means a person that meets the definition of and serves as an ETC at a worksite other than the Consultant’s employer.

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Packet Pg. 625 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 35 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023

12.13. DIRECT FINANCIAL AWARD means an employee commute reduction strategy in which the employer awards cash subsidies to an employee for specified rideshare behavior.

13.14. DISABLED EMPLOYEE means an individual with a physical impairment that prevents the employee from traveling to the worksite by means other than a singleoccupant vehicle.

14.15. EMPLOYEE means any person employed full or part-time by a person(s), firm, business, educational institution, non-profit agency or corporation, government or other entity. This term excludes the following: seasonal employees, temporary employees, volunteers, field personnel, field construction workers, and independent contractors.

15.16. EMPLOYEE COMMUTE REDUCTION PROGRAM (ECRP) is a compliance option that allows employers the ability to choose and implement various rideshare strategies included in the ECRP Guidelines at the worksite.means an Annual Program, under the Employee Commute Reduction Program option, submitted to the SCAQMD, in accordance with these guidelines.

16.17. EMPLOYEE TRANSPORTATION COORDINATOR (ETC) is an individual who has completed a South Coast AQMD certified training course and has been appointed to develop, market, administer, and monitor the worksite’s chosen Rule 2202 compliance option.is an employee who has completed an SCAQMD certified training course and has been appointed to develop, market, administer, and monitor the Employee Commute Reduction Program at a single worksite. The ETC must be at the worksite during normal business hours when the majority of employees are at the worksite.

17.18. FEDERAL FIELD AGENT means any employee who is employed by any federal entity whose main responsibility is National Security and performs field enforcement and/or investigative functions. This does not include employees in non-field or noninvestigative functions.

18.19. FIELD CONSTRUCTION WORKER means an employee who reports directly to work at a construction site.

20. FIELD PERSONNEL means employees who spend 20 percent or less of their work time, per week, at the worksite and who do not report to the worksite during the peak period for pick-up and dispatch of an employer-provided vehicle.

21. FUEL CELL ELECTRIC VEHICLE (FCEV) means a vehicle that uses a hydrogen powered fuel cell instead of an engine to generate electricity for the batteries and electric motor. These vehicles generally utilize the same components as a battery electric vehicle, but with the addition of a hydrogen fuel cell and hydrogen storage tank.

19.22. FURLOUGH means a temporary, unpaid leave of absence or reduction in hours.

Furloughed employees should be assigned as furlough and continue to be employed by the site.

20.23. HOLIDAYS are those days designated as National or State Holidays that shall not be included in the AVR survey period.

21.24. INDEPENDENT CONTRACTOR means an individual who enters into a direct written contract or agreement with an employer to perform certain services and is not on the employer's payroll.

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Packet Pg. 626 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 36 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023

22.25. LOW-INCOME EMPLOYEE means an individual whose salary is equal to, or less than, the current individual income level set in the California Code of Regulations, Title 25, Section 6932, as lower income for the county in which the employer is based.

Higher income employees may be considered to be "low-income" if the employees demonstrate that the program strategy would create a substantial economic burden.

26. MOTOR VEHICLE means a self-propelled vehicle, consistent with California Vehicle Code 415.

23.27. MULTI-SITE EMPLOYER means any person(s), firm, business, educational institution, non-profit agency or corporation, government agency or other entity which has more than one worksite located within the South Coast AQMD where 250 or more employees report to each worksite.

24.28. MULTI-SITE PROGRAM means an Employee Commute Reduction Program submitted to the South Coast AQMD to comply with these guidelines that encompasses more than one worksite within a single AVR Performance Zone that belongs to a multisite employer.

25.29. NONCOMMUTING AVR CREDIT applies to employees who arrive at the worksite during the window for calculating AVR, and remains at the worksite or out of the South Coast AQMD’s jurisdiction for a full 24 hour period or more to complete work assignments.

26.30. OFF PEAK COMMUTE TRIP is a commute trip that occurs outside the peak commute window of 6:00 a.m. - 10:00 a.m., Monday through Friday.

27.31. ON-SITE COORDINATOR is a person who has been designated by the employer as such and has knowledge of the employer’s ECRP and marketing methods. The On-Site Coordinator is limited to program implementation rather than program development.

28.32. PARKING CASH-OUT is a program where an employer offers to provide a cash allowance to an employee, at a minimum equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space pursuant to the provisions of the Health and Safety Code §43845.

29.33. PART-TIME EMPLOYEE means any employee who reports to a worksite fewer than 32 hours per week, but more than four hours per week. These employees shall be included in the employee count for purposes of Rule applicability and for AVR calculations of the employer, provided the employees begin work during the window for calculating AVR.

34. POLICE/SHERIFF means an employee who is certified as a law enforcement officer and is employed by any state, county or city entity. Such employees are police officers and sheriffs, who perform field enforcement and/or investigative functions. This would not include employees in non-field or non-investigative functions.

30.35. REMOTE EMPLOYEES are employees who are assigned to a regulated worksite located within the South Coast AQMD, however, primarily live and work at locations outside of the South Coast AQMD, and physically commute to the regulated worksite less than five days a year.

36. SCHOOL means any public or private School, including juvenile detention facilities with classrooms, used for the education of more than 12 children at the School in kindergarten

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Packet Pg. 627 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 37 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 through grade 12. School also means an Early Learning and Developmental Program by the U.S. Department of Education or any state or local early learning and development programs such as preschools, Early Head Start, Head Start, First Five, and Child Development Centers. A School does not include any private School in which education is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of School property

31.37. SEASONAL EMPLOYEE means a person who is employed for less than a continuous 90- day period or an agricultural employee who is employed for up to a continuous 16-week period.

32.38. STRATEGY means an Employee Commute Reduction Program element developed, offered and/or implemented by employers for the purpose of encouraging employees to use alternative modes of transportation other than single occupant vehicles when reporting to work during the window.

33.39. STUDENT WORKER means a person who is enrolled and gainfully employed (on the payroll) by an educational institution. Student workers who work more than four hours per week are counted for rule applicability and if they begin work during the 6:00 a.m. - 10:00 a.m. window are counted for AVR calculation.

34.40. TELECOMMUTING means working at home, off-site, at a satellite office or at a telecommuting center, for a full workday that eliminates the trip to work or reduces travel distance by more than 51 percent. occurs when an employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a commute trip to the worksite or reduces the commute travel distance by more than 50%.

35.41. TEMPORARY EMPLOYEE means any person employed by an employment service or agency that reports to a worksite other than the employment agency's worksite, under a contractual arrangement with a temporary employer. Temporary employees are only counted as employees of the temporary agency for purposes of Rule applicability and calculating AVR.

36.42. TRANSIT is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not shared by strangers without private arrangement. Transit include buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit or mass transit.

37.43. TRANSPORTATION MANAGEMENT ASSOCIATION OR
TRANSPORTATION MANAGEMENT ORGANIZATION (TMA/TMO) means a nonprofit association that has a financial dues structure joined together in a legal agreement for the purpose of achieving mobility and air quality goals and objectives within a designated area.

38.44. VANPOOL is a vehicle occupied by seven to 15 people traveling together between their residences and their worksites or destinations for 51% 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 51% of the total trip distance.

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Packet Pg. 628 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 38 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023

39.45. VEHICLE TRIP is determined by the means of transportation used for the greatest distance of an employee's home-to-work commute trip for employees who begin work during the peak period. Each vehicle trip to the worksite shall be calculated as follows:

Single-occupant vehicle = 1
Carpool = 1 divided by number of people in carpool
Vanpool = 1 divided by number of people in vanpool
Motorcycle, moped, motorized scooter, motor bike = 1 divided by number of people on bike
Public transit = 0
Bus pool = 0
Bicycle = 0
Walking and other non-motorized transportation modes = 0 Non-commuting = 0
Telecommuting = 0 on days employee is telecommuting for the entire day Compressed Workweek = 0 on employee's compressed day(s) off Zero-emission vehicles = 0

40.46. VOLUNTEER means any person(s) at a worksite who, of their own free will, provides goods or services, without financial gain.

41.47. WORKSITE means a structure, building, portion of a building, or grouping of buildings that are in actual physical contact or are separated solely by a private or public roadway or other private or public right-of-way, and that are occupied by the same employer. Employers may opt to treat more than one structure, building or grouping of buildings as a single worksite, even if they do not have the above characteristics, if they are located within a 2 mile radius and are in the same AVR Performance Zone.

48. WORKSITE EMPLOYEE THRESHOLD means 250 employees employed at a single worksite for the prior consecutive six month period calculated as a monthly average, and 33 or more employees scheduled to report to work during the window any one day during the prior consecutive 90 days.

49. VEHICLE MILES TRAVELED means the number of miles traveled one-way by a motor vehicle for a worksite commute trip.

42.50. ZERO EMISSION VEHICLE (ZEV) means a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or conditions.

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Packet Pg. 629 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management 39 Rule 2202
Employee Commute Reduction Program Guidelines February 2016Proposed Amended August 2023 VII. ATTACHMENT I

AVR PERFORMANCE ZONES
• A worksite’s AVR Performance Zone
depends on its location.
• District's Source/Receptor Areas are
shown in Attachment 3 of Rule 701 -
Air Pollution Emergency
Contingency Actions.
• Zone 1 is the Central City Area of
Downtown Los Angeles within the
South Coast AQMD’s
Source/Receptor Area 1.
• Zone 2 corresponds to the South
Coast AQMD’s Source/Receptor
Areas 2 through 12, 16 through 23,
and 32 through 35, excluding the
Zone 1 - Central City Area.
• Zone 3 corresponds to the South
Coast AQMD’s Source/Receptor
Areas 13, 15, 24 through 31, and 36
through 38.

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Packet Pg. 630 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT I
Final Staff Report
Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options August 2023
Deputy Executive Officer
Planning, Rule Development, and Area Sources
Sarah L. Rees, Ph.D.

Assistant Deputy Executive Officer
Planning, Rule Development, and Area Sources
Ian MacMillan
Planning and Rules Manager
Planning, Rule Development, and Implementation
Vicki White
AUTHOR: Natalie Gonzalez Assistant Air Quality Specialist CONTRIBUTORS: Chelsee Orozco Assistant Air Quality Specialist Barbara Radlein Program Supervisor Acting Planning
and Rules Manager
Elaine Shen Planning and Rules Manager
Xian-Liang Tian Program Supervisor
REVIEWED BY: Jeffrey Inabinet Senior Staff Specialist
John Jones Senior Deputy District Counsel

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Packet Pg. 631 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

ANDREW DO
Supervisor, First District
County of Orange

CURT HAGMAN
Supervisor, Fourth District
County of San Bernardino

GIDEON KRACOV
Governor’s Appointee

PATRICIA LOCK DAWSON
Mayor, Riverside
Cities of Riverside County Representative

LARRY MCCALLON
Mayor, Highland
Cities of San Bernardino County
HOLLY J. MITCHELL
Supervisor, Second District
County of Los Angeles

VERONICA PADILLA-CAMPOS
Speaker of the Assembly Appointee
V. MANUEL PEREZ
Supervisor, Fourth District
County of Riverside

NITHYA RAMAN
Council Member, Fourth District
City of Los Angeles Representative

CARLOS RODRIGUEZ
Council Member, Yorba Linda
Cities of Orange County
JOSÉ LUIS SOLACHE
Council Member, Lynwood
Cities of Los Angeles County/Western Region
EXECUTIVE OFFICER: WAYNE NASTRI

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Packet Pg. 632 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

TABLE OF CONTENTS
EXECUTIVE SUMMARY…………………………...………………………………………EX-1
CHAPTER 1 - BACKGROUND

1.1 INTRODUCTION………………….……………………………………..…….1-1

1.2 REGULATORY HISTORY………………………………………………….…1-1

1.3 AIR QUALITY NEED………………………………………………………….1-3

1.4 PROPOSAL BACKGROUND…………………………………………………1-4

1.5 AFFECTED INDUSTRIES………………………………………….………….1-7

1.6 PUBLIC PROCESS…………………………………………………….…….…1-7
CHAPTER 2 - SUMMARY OF PROPOSAL

2.1 INTRODUCTION……………………………………………………………....2-1

2.2 PROPOSED AMENDED RULE 2202…………………………………………2-1
CHAPTER 3 - IMPACT ASSESSMENT

3.1 INTRODUCTION……………………………………………………………....3-1

3.2 IMPACTS OF PAR 2202……………………………………………………….3-1

3.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT……………………..…3-2

3.4 SOCIOECONOMIC IMPACT ASSESSMENT………………………………..3-2

3.5 DRAFT FINDINGS UNDER HEALTH AND SAFETY CODE 40727………3-4

3.6 COMPARATIVE ANALYSIS……………………………………………...….3-5
APPENDIX A – RESPONSES TO PUBLIC COMMENT…………………………………....A-1

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Packet Pg. 633 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management PAR 2202
Final Staff Report EX-1 August 2023

EXECUTIVE SUMMARY
Rule 2202 – On-Road Motor Vehicle Mitigation Options (Rule 2202) is designed to reduce emissions from motor vehicles. Specifically, larger employers in the region with 250 or more employees are required to mitigate emissions from employee commute trips into the worksite.

Rule 2202 is intended to reduce emissions of Volatile Organic Compounds (VOCs), Oxides of Nitrogen (NOx), and Carbon Monoxide (CO). Rule 2202 provides employers with a menu of options to implement one or more emission reduction strategies to meet an annual Emission Reduction Target (ERT) for their worksite.

Proposed Amended Rule 2202 (PAR 2202) is consistent with mobile source control measure MOB-14 in the South Coast Air Quality Management District’s (South Coast AQMD’s) 2022 Air Quality Management Plan (AQMP), which proposes to reduce emissions by evaluating potential amendments to Rule 2202. In response to the Coronavirus (COVID-19) pandemic, many of the regulated employers incorporated widespread telecommuting practices resulting in reduced employee commute trips. PAR 2202 will require worksites to collect and report additional data on employee commute activity which will be analyzed to inform a potential future rule amendment.

Effective September 1, 2024January 1, 2025, worksites will be required to provide details on telecommute activity, Vehicle Miles Traveled (VMT), and business type/classification.

Additionally, PAR 2202 includes revisions to the Rule 2202 Implementation Guidelines and Employee Commute Reduction Program (ECRP). Both guideline documents will provide instructions and guidance to collect and report the additional information on telecommute activity, VMT, and business type/classification. The guideline documents and rule amendment will also include a requirement for all sites that conduct an Average Vehicle Ridership (AVR) survey to have a certified Employee Transportation Coordinator (ETC) on site. AVR survey instructions will be included in the Implementation Guidelines as well as the ECRP Guidelines. The ECRP guidelines will include updates to the strategy options and strategy reporting. Definitions will be updated or added across all Rule 2202 related documents for consistency and clarity.

PAR 2202 is anticipated to apply to approximately 1,186 worksites with over 600,000 employees that commute to work within the peak window of 6:00 A.M. to 10:00 A.M.

PAR 2202 was developed through a public process. Staff held working group meetings on February 23, 2023, March 22, 2023, May 3, 2023, and May 31, 2023. In addition, a public workshop was held on June 20, 2023.

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Packet Pg. 634 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management CHAPTER 1: BACKGROUND

INTRODUCTION

REGULATORY HISTORY

AIR QUALITY NEED

PROPOSAL BACKGROUND

AFFECTED INDUSTRIES

PUBLIC PROCESS

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Packet Pg. 635 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-1 August 2023
CHAPTER 1 – BACKGROUND

1.1 INTRODUCTION
Rule 2202 – On-Road Motor Vehicle Mitigation Options (Rule 2202) provides employers with a menu of options to reduce mobile source emissions generated from employee commutes. Rule 2202 applies to worksites located within the district that employ 250 or more employees on a full or part-time basis. Regulated worksites are required to register annually with the South Coast AQMD to implement an emission reduction program based on a menu of compliance options in the rule. Staff proposes amending Rule 2202 to include additional data collection for all regulated worksites, including information on telecommuting activity, Vehicle Miles Traveled (VMT), and business type/classification for the worksite. The reporting of this additional information will provide the necessary data to analyze employee commute activity to inform future rule amendments. Staff also propose to update strategies, amend or add new definitions, and make minor administrative changes to the rule language for clarity and consistency.

1.2 REGULATORY HISTORY
On December 8, 1995, the South Coast AQMD Governing Board adopted Rule 2202 in response to state legislation that prohibited the mandatory submittal of trip reduction plans, as was required in the now repealed Rules 1501 and 1501.1. The rule includes a menu of flexible and cost-effective emission reduction options from which they can choose to implement and meet the emission reduction target for their worksite. Rule 2202 continues to allow affected employers the option of implementing a traditional trip reduction program as a means to comply with the rule.

Rule 2202 replaced Rules 1501 – Work Trip Reduction Plans and 1501.1 – Alternatives to Work Trip Reduction Plans and has been amended several times. In 1987, Regulation XV was adopted which required trip reduction plans for employers with 100 or more employees. Rule 1501 was amended in 1993 and Rule 1501.1 was adopted in 1995, to comply with federal and state requirements for extreme non-attainment areas. In 1995, Rule 2202 was adopted to respond to state legislation prohibiting mandatory trip reduction plans. Rule 2202 provided worksites of 100 or more employees a menu of emission reduction options to meet an emission reduction target for their worksite. Compliance strategies included mobile source credits from old-vehicle scrapping, clean on-road and off-road equipment, the use of remote sensing to identify and repair gross polluting vehicles, and emission reduction credits from stationary sources. Worksites could also earn credits for the use of alternative fuel vehicles, reduction of vehicle miles traveled, and other trip reduction strategies.

In March 1996, Rule 2202 was amended to exempt school districts from complying due to financial hardship. The passage of SB836, effective June 1998, directed South Coast AQMD to raise the employee threshold level from 100 to 250 employees, while SB432 permanently exempted worksites with fewer than 250 employees from complying with the rule. In November 1996, the sunset provision of Rule 2202 was modified to have the rule phase out by June 2001.

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Packet Pg. 636 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-2 August 2023
In October 1998, Rule 2202 was again modified to include its original sunset provision, (i.e., the rule would be rescinded at an unspecified future time when an equivalent level of emissions reductions is produced). In January 2002, several administrative changes to Rule 2202 were passed that included the elimination of alternative fuel vehicle credits except for zero emission vehicles, deletion of the remote sensing strategy option due to the implementation of the Inspection and Maintenance Program (Smog Check II), and the addition of a police/sheriff employee category.

Although state law required changing the employee threshold from 100 to 250 employees, a previous version of Section 182(d)(1)(B)1of the 1990 Clean Air Act (CAA) required that nonattainment regions implement a program that would require employers of 100 or more employees to reduce work related trips and miles traveled by employees commuting to work to a level 25% above the region's baseline average vehicle ridership (AVR). At that time the AVR targets were established for regions within the SCAQMD that were determined to be the most effective in achieving the federally mandated goals. Subsequent amendments to the CAA removed work related trip mandates and allowed emission equivalency as an option for compliance. The Rule 2202 AVR target meets the 25% requirement above the region's 1992 baseline and accounts for additional trip reductions that should have resulted from all employers with 100 or more employees. Additionally, substitution of alternative measures that will meet the equivalent emission reductions were also allowed by the CAA.

In June 2014, Rule 2202 was amended to address the use of emission reduction credits (ERCs). At the end of 2013, approximately 200 lbs/day of NOx ERCs were transferred into the Rule 2202 program. This caused a concern regarding future stationary source credit availability. Therefore, in January 2014, the Governing Board approved a temporary moratorium on NOx ERCs in Rule 2202 to allow time for staff to review the status of the stationary source emission banks and potential impacts of additional transfers into the Rule 2202 program. Staff reviewed the historical use of ERCs for stationary sources, as well as the availability of credits and other emission programs within Rule 2202 to determine the ability to meet future compliance targets. Staff concluded that there continues to be a concern regarding the future availability of ERCs for use by stationary sources. To address this Rule 2202 was amended so that ERCs could no longer be transferred into the Rule 2202 program. ERCs that resided within the Rule 2202 program at the time of the amendment would be allowed to remain, however these ERCs would be subject to an annual discount. An annual discounting of ERCs would encourage the use of other emission reductions that more closely align with the intent of the Rule 2202 program. 1 The current version of CAA 182(d)(1)(B) does not require a reduction of work-related trips and miles travelled, but instead allows states to implement these kinds of programs within their own discretion.

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Packet Pg. 637 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-3 August 2023

1.3 AIR QUALITY NEED
In 2015, the U.S. Environmental Protection Agency (U.S. EPA) tightened the ozone standard, leaving the South Coast Air Basin in “extreme” nonattainment for that standard. The South Coast Air Basin also fails to attain the 1979, 1997, and 2008 ozone standards. Nitrogen oxides (NOx), which are created during the process of burning fuel, is the primary pollutant that must be controlled to reduce ozone. Approximately 85% of daily NOx emissions come from mobile sources, with passenger vehicles being one of the top ten emitters of NOx. Mobile source emission reductions are needed to meet future ozone standards set by the U.S. EPA.

The 2022 Air Quality Management Plan (AQMP) (Appendix IV-A, Control Measure MOB-14) proposed amending Rule 2202 to further reduce emissions associated with work trips, with telecommuting cited as a key mechanism to achieve additional emission reductions. During the COVID-19 pandemic in 2020 and 2021, many Rule 2202 regulated employers (where applicable) incorporated telecommuting practices, which have shown to be a very effective way of eliminating emissions caused by employee commute trips into the worksite. Many employers reported extremely high Average Vehicle Ridership (AVR) scores, primarily due to the increased amount of telecommuting, over the 2020/2021 reporting period. While Rule 2202 does currently provide credit for telecommuting, the 2022 AQMP proposed future rule amendments to Rule 2202 include a larger focus on telecommuting strategies and provide additional incentives for regulated employers to adopt telecommuting policies or other strategies to reduce emissions.

Mobile source emissions are impacted by factors such as mode of travel, type of vehicle, distance of trip, fuel type and congestion. More recently, Vehicle Miles Traveled (VMT) has emerged as an important metric in evaluating vehicle emissions. For example, in July 2020 under California Senate Bill 743 (SB 743), the California Environmental Quality Act (CEQA) began requiring analyzing VMT to determine potential traffic-related impacts from projects. SB 743 made VMT a key metric in assessing emissions generated by on-road mobile sources, with lower VMT being associated with lower greenhouse gas emissions and lower traffic-related air pollution. The California Air Resources Board’s (CARB) State Implementation Plan cites VMT reduction as a necessary control measure to attain federal and state air quality standards. The Southern California Association of Governments’ (SCAG) 2022-2045 Regional Transportation Plan (RTP) uses VMT as a key metric to evaluate plan performance results and seeks to reduce VMT per capita.

Additionally, the RTP found that the average distance traveled for work trips is over three times longer than the average distance traveled for non-work trips.

Staff recognizes that in order to amend Rule 2202 in a way that best reduces emissions additional data is needed to inform that process. Staff is therefore proposing to amend Rule 2202 in a twophase approach. The first phase of the amendment (PAR 2202) is focused on data collection and reporting from regulated worksites. Collected data will be analyzed to inform the second phase of rule amendment.

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Packet Pg. 638 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-4 August 2023

1.4 PROPOSAL BACKGROUND
PAR 2202 is proposing to require regulated worksites to report additional information, including telecommuting activity, VMT data, and the type of business that is conducted at the worksite. This data collection will inform future potential Rule 2202 amendments. Additionally, staff proposes to update strategies, clarify and/or add new definitions, and make general administration revisions to Rule 2202 related guidance documents.

Telecommute Reporting
In response to the COVID-19 pandemic in 2020, South Coast AQMD instituted temporary protocols to ease compliance and address rapid changes in workforce habits. During the pandemic, many regulated employers incorporated widespread telecommuting practices. Staff instituted a temporary protocol allowing regulated worksites to use Human Resources (HR) or payroll records to account for telecommute trips. This allowed worksites to adjust the number of daily employees arriving at the worksite without conducting an AVR survey, and additionally allowed worksites that did conduct an AVR survey to account for all telecommute trips regardless of survey response rate.

In 2019, prior to the pandemic, worksites that implemented telecommuting reported an average of

19.7 telecommuters a day. In 2020, worksites that implemented telecommuting reported an average of 185.1 telecommuters a day, which is an increase of more than nine times. This reduction in vehicle trips resulted in the average AVR score across regulated worksites to rise from 1.34 in 2019 to 3.01 in 2020. This change in employee commute mode had a significant impact on employee vehicle trip emissions.

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Packet Pg. 639 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-5 August 2023
PAR 2202 is proposing to permanently allow the use of HR and/or payroll records to account for telecommute employee trips. This will streamline reporting of telecommute trips and ensure that worksites benefit from the reduction of work commute trips through telecommuting. All regulated worksites will be required to report additional information regarding telecommute practices on the annual compliance paperwork. Additionally, the ECRP compliance option includes telecommuting as a direct strategy. PAR 2202 will amend the required information on the telecommuting section of the ECRP compliance paperwork to collect more information on telecommute activity. This will allow Rule 2202 staff to analyze telecommute trends to better assess worksite employee commutes and will inform future Rule 2202 amendments.

Vehicle Miles Traveled (VMT)
Rule 2202 staff met with CARB staff and SCAG staff to discuss the importance of VMT in their programs and are proposing to incorporate VMT data collection into Rule 2202 to further analyze emissions generated by employee commute trips.

PAR 2202 is proposing to require all regulated worksites to report VMT data as a part of their annual compliance. PAR 2202 requires worksites to collect VMT data either through surveying employees or by providing employee zip codes that are available through HR and/or payroll records. For worksites that must conduct an AVR survey, PAR 2202 proposes to require that survey participants indicate their distance (in miles) from home to the worksite on the survey form.

The AVR survey form already includes this VMT data field, however it is not a required field on the survey. PAR 2202 would require the VMT data field be completed by survey participants. The worksite will use the employee reported VMT data to total VMT per mode type and will report this data on the AVR survey form. Worksites that do not conduct a survey will be required to report employee zip codes and worksite zip code, which will be used to calculate VMT. The employee zip code data will be anonymous such that specific employee names or other identifying information is not included. The collected VMT data will be used for data analysis and will inform future Rule 2202 amendments. The employee trip length data will be anonymous and does not require employee home addresses to be reported.

Business Type/Classification
Staff has received feedback from stakeholders that employee commute options may differ across industry type, specifically as it pertains to telecommuting capabilities. These stakeholders expressed concern that certain industry types will be at a disadvantage under future rule compliance if they are unable to convert their workforce to telecommute. As a result, staff is proposing that regulated worksites report the business type/classification as part of their annual registrations. The collection of business type/classification information will aid future data analysis and will be used to inform future Rule 2202 amendments. The categories were chosen based on NAICS code information. The business type/classification categories are:

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Packet Pg. 640 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-6 August 2023
Industries NAICS codes
Utilities 22
Construction 23
Manufacturing 31-33
Wholesale Trade 42
Retail Trade 44-45
Transportation and Warehousing 48-49
Information 51
Finance and Insurance 52
Real Estate and Rental and Leasing 53
Professional, Scientific, and Technical Services 54
Management of Companies and Enterprises 55
Administrative and Support and Waste Management and Remediation Services 56
Educational Services 61
Health Care and Social Assistance 62
Arts, Entertainment, and Recreation 71
Accommodation and Food Services 72
Public Administration/Government 92
Other (please specify):

Updates to Rule 2202 Guidance Documents
In addition to revisions to the Rule 2202 language, staff is proposing revisions to the Rule 2202 Implementation Guidelines and Employee Commute Reduction Program (ECRP) Guidelines to provide details on the new data collection requirements, but also to update strategies and make minor administrative changes to assist the regulated community with compliance and reporting.

Both documents will be updated to address telecommuting reporting requirements, VMT data collection and VMT reporting requirement. Detailed information on how to comply with the new reporting requirements can be found in both guidance documents. Definitions will be edited or added for consistency and clarity. The Rule 2202 Implementation Guidelines will also include the proposed requirement for regulated worksites that choose the Emission Reduction Strategies (ERS) compliance option. Under ERS compliance, worksites have the option of using a default AVR in their emission credit calculation or they may conduct an AVR survey. Staff is proposing that ERS worksites that choose to conduct an AVR survey be required to have a certified Employee Transportation Coordinator (ETC). Having a certified ETC on-site will reduce errors on ERS plan submittals. Details on how to conduct an AVR survey have been included in the Implementation Guidelines. Additionally, both documents will have paragraphs providing clarification on what vehicle types are counted as a Zero Emission Vehicle on the AVR survey.

The ECRP Guidelines will include updates to the various strategy options and strategy reporting.

PAR 2202 compliance documents will require additional information on-site selected marketing

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Packet Pg. 641 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 1 Background
PAR 2202
Final Staff Report 1-7 August 2023
strategies to allow Rule 2202 staff to better compare implementation across compliance years.

Several strategies previously listed as “other” under Basic/Support Strategies will be listed as independent strategies. These strategies include Electric Vehicle Infrastructure, Transportation Management Association (TMA)/Transportation Management Organization (TMO) Services, Car Sharing Services, Mobility Hub Services, and Voluntary Worksite Transfers. Several direct strategies will require additional information to be reported to allow staff to better track implementation. The Bicycle Program strategy has been expanded to include the use of scooter services by the worksite. Additionally, the Auto Services strategy will be removed from the direct strategies to encourage strategy focus on promoting zero-emission commute modes.

1.5 AFFECTED INDUSTRIES
PAR 2202 applies to all employers located within the district with 250 or more employees. Staff has currently identified about 1,186 worksites with over 600,000 employees arriving to the worksite within the peak window of 6:00 A.M to 10:00 A.M. The proposed rule amendment will not expand the applicability of the rule to additional worksites.

1.6 PUBLIC PROCESS
The development of PAR 2202 includes a public process. Four working groups were held on February 23, 2023, March 22, 2023, May 3, 2023, and May 31, 2023. Each working group was attended by representatives from affected industries, community stakeholders, and members of the general public. The purpose of the working groups was to discuss details of PAR 2202 and to answer questions from the public or listen to comments. A Public Workshop was held on June 20, 2023. The purpose of the Public Workshop was to present the proposed amended rule language and changes to the guideline documents in order to receive public comments.

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Packet Pg. 642 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management CHAPTER 2: SUMMARY OF PROPOSAL

INTRODUCTION
PROPOSED AMENDED RULE 2202

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Packet Pg. 643 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 2 Summary of Proposal
PAR 2202
Final Staff Report 2-1 August 2023
CHAPTER 2 SUMMARY OF PROPOSAL

2.1 INTRODUCTION
Staff is proposing Rule 2202 be amended to require worksites to report VMT data, telecommute activity, and business type/classification for the worksite. The proposed reporting requirements will apply to all regulated worksites. The information collected under the new reporting requirements will be analyzed and used to inform future Rule 2202 amendments. Additionally, clarifying language and definitions will be added. The following section provides a discussion of changes to rule language under PAR 2202.

2.2 PROPOSED AMENDED RULE 2202
Subdivision (d) – Definitions PAR 2202 will incorporate definitions of the terms listed below that were not previously defined within the rule. These definitions are intended to clarify a compliance option and terms for reporting requirements.
• BUSINESS TYPE/CLASSIFICATION is the activity type that classifies the primary nature of work conducted at the worksite.
• EMPLOYEE COMMUTE REDUCTION PROGRAM (ECRP) is a compliance option that allows Employers the ability to choose and implement various rideshare strategies included in the ECRP Guidelines at the Worksite.
• EMPLOYEE TRANSPORTATION COODINATOR (ETC) is an individual who has completed a South Coast AQMD certified training course and has been appointed to develop, market, administer, and monitor the Worksite’s chosen Rule 2202 compliance option.
• MOTOR VEHICLE means a self-propelled vehicle, consistent with California Vehicle Code 415.
• SCHOOL means any public or private School, including juvenile detention facilities with classrooms, used for the education of more than 12 children at the School in kindergarten through grade 12. School also means an Early Learning and Developmental Program by the U.S. Department of Education or any state or local early learning and development programs such as preschools, Early Head Start, Head Start, First Five, and Child Development Centers. A School does not include any private School in which education is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of School property.

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Packet Pg. 644 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 2 Summary of Proposal
PAR 2202
Final Staff Report 2-2 August 2023
• TELECOMMUTING occurs when an Employee works from home, off site, a satellite office, or a Telecommuting center which eliminates a commute trip to the worksite or reduces the commute travel distance by more than 50%.
• VEHICLE MILES TRAVELED (VMT) means the number of miles traveled one-way by a Motor Vehicle for a worksite commute trip.

Subdivision (f) – On-Road Motor Vehicle Options
Subdivision (f) describes the various compliance options available to worksites under Rule 2202.

Current rule language does not list Employee Commute Reduction Program (ECRP) in the subdivision, and instead includes it in the subdivision (l)- Exemptions. PAR 2202 will move ECRP to paragraph (f)(7) with other compliance options.

Language will be changed in paragraph (f)(1) – (f)(4) to read, “Any employer may elect…” instead of, “Any person may elect…”. This language change will clarify that the employer shall choose a compliance option to implement at their worksite, rather than a singular person.

Subdivision (i) – Program Administration
Subdivision (i) details the annual registration requirements and administration of the rule. PAR 2202 subdivision (i) will require regulated worksites to annually report the business type/classification for the worksite, VMT data, and telecommute activity. These additional reporting requirements will be effective September 1, 2024January 1, 2025.

Paragraph (i)(1) list registration requirements and will be amended to list one of the new registration requirements proposed under PAR 2202. Worksites are required to include the name of the highest-ranking company official, company address, and worksite telephone number under subparagraph (i)(1)(A). Additionally, the amendment will require the worksite to report the business type/classification under subparagraph (i)(1)(A).

Subparagraph (i)(1)(F) details the VMT reporting requirement. The worksite’s chosen compliance method will determine the format of VMT reporting. The applicable reporting methodology is specified in the Rule 2202 Implementation Guidelines or Employee Commute Reduction Guidelines. VMT will be collected from all regulated worksites for future data analysis that will inform future rulemaking.

Subparagraph (i)(1)(G) lists the requirement for regulated worksites to report information on telecommuting practices. During the COVID-19 pandemic, staff observed a high rise in the numbers of telecommuters across a large number of regulated worksites. Since 2020, telecommute practices have changed from year to year. Collecting data on worksite telecommute practices will aid in data analysis and inform future rule regulation.

Paragraph (i)(4) establishes that the approved Rule 2202 annual registration shall remain in effect until the annual renewal date. The annual renewal date is the same date as the annual registration due date. The renewal date was originally described in paragraph (l)(4) but has been moved to (i)(4) and condensed to removed repetitive information.

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Packet Pg. 645 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 2 Summary of Proposal
PAR 2202
Final Staff Report 2-3 August 2023
Paragraph (i)(5) will require all worksites that conduct an AVR survey to designate an employee to serve as the Employee Transportation Coordinator (ETC). The designated employee must successfully complete a South Coast ETC training and certification course. Previously, only ECRP sites were required to have a designated ETC as explained in the ECRP Guidelines. The new requirement for all sites that conduct an AVR survey to have an ETC is detailed in the Rule 2202 Implementation Guidelines. The purpose of the certified ETC requirement is to reduce the amount of errors on submitted AVR surveys. The addition of paragraph (i)(4) will move the subsequent paragraphs down, the original paragraph (i)(4) through paragraph (i)(13) will become paragraph (i)(5) through paragraph (i)(14).

Subdivision (l) – Exemptions
Paragraph (l)(3) Employee Commute Reduction Program is moved to subdivision (f).

Paragraph (l)(4) has been deleted and the information has been moved to subdivision (i).

Subdivision (n) – Guidelines
PAR 2202 will add subdivision (n) to the rule language. This subdivision will grant the Executive Officer permission to periodically update the Rule 2202 Implementation Guidelines and the Employee Commute Reduction Program Guidelines.

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Packet Pg. 646 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management CHAPTER 3: IMPACT ASSESSMENT

INTRODUCTION
IMPACTS OF PAR 2202

CALIFORNIA ENVIRONMENTAL QUALITY ACT

SOCIOECONOMIC IMPACT ASSESSMENT

DRAFT FINDINGS UNDER HEALTH AND SAFETY CODE
SECTION 40727

COMPARATIVE ANALYSIS

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Packet Pg. 647 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-1 August 2023
CHAPTER 3 IMPACT ASSESSMENT

3.1 INTRODUCTION
Impact assessments must be conducted during rule development to assess the environmental and socioeconomic implications of PAR 2202. Health and Safety Code requirements for costeffectiveness analysis and incremental cost-effectiveness analysis were also evaluated during rule development of PAR 2202. Draft findings and comparative analyses were prepared pursuant to Health and Safety Code Sections 40727 and 40727.2, respectively. Staff will prepare a California Environmental Quality Act (CEQA) analysis at least 30 days prior to the South Coast AQMD Governing Board Hearing on PAR 2202, which is tentatively scheduled for August 4, 2023.

3.2 IMPACTS OF PAR 2202
Rule 2202 provides employers with a menu of options to reduce motor vehicle emissions generated from employee commutes. Under existing procedures, regulated worksites are required to register annually with the South Coast AQMD to implement an emission reduction program based on a menu of compliance options in the rule. PAR 2202 includes additional data collection requirements for all regulated worksites, including information on telecommuting activity, VMT, and business type/classification for the worksite. The reporting of this additional information will provide staff with the necessary data to analyze employee commute activity to inform future rule amendments.

PAR 2202 also includes updates to strategies, additional or amended definitions, and minor administrative changes to the rule language for clarity and consistency. The proposed amendments do not remove any of the current requirements or provisions of Rule 2202.

Emission Reductions
Since PAR 2202 only includes additional data collection and reporting requirements for regulated worksites, there will not be additional emission reductions from worksites subject to PAR 2202.

Additional Compliance Costs
Please see the Socioeconomic Impact Assessment section below for a discussion on additional compliance costs.

Additional Savings
The proposed amendments would require all regulated worksites to report additional information, including telecommuting activity, VMT data, and the type of business that is conducted at the worksite on an annual basis. Because of the additional minimal amount of time required to collect and report the additional information, no potential cost savings have been identified as a result of PAR 2202.

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Packet Pg. 648 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-2 August 2023

3.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15002(k) and 15061, the proposed project (PAR 2202) is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15306. Further, there is no substantial evidence indicating that any of the exceptions to the categorical exemption set forth in CEQA Guidelines Section 15300.2 apply to the proposed project. A Notice of Exemption will be prepared pursuant to CEQA Guidelines Section 15062, and if the proposed project is approved, the Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside, and San Bernardino counties, and with the State Clearinghouse of the Governor’s Office of Planning and Research.

3.4 SOCIOECONOMIC IMPACT ASSESSMENT
PAR 2202 requires additional data collection for all regulated worksites, including information on telecommuting activity, VMT, and business type/classification for the worksite. The reporting of this additional information will provide the necessary data to analyze employee commute activity to inform future rule amendments.

Affected Facilities
PAR 2202 applies to all employers located within the district with 250 or more employees. Staff has currently identified about 1,186 worksites with over 600,000 employees arriving to the worksite within the peak window of 6:00 A.M to 10:00 A.M. Out of the 1,186 worksites, 716 are in Los Angeles, 243 are in Orange, 120 are in Riverside, and 107 are in the San Bernardino County.

More that 60 percent of the affected facilities belong to the sectors of retail trade North American Industrial Classification Systems (NAICS 44-45), public administration (NAICS 92), health care and social assistance (NAICS 62), and manufacturing (NAICS 31-33).

Small Business Impacts
The South Coast AQMD defines a "small business" in Rule 102 for purposes of fees as one which employs 10 or fewer persons and which earns less than $500,000 in gross annual receipts. The South Coast AQMD also defines “small business” for the purpose of qualifying for access to services from the South Coast AQMD’s Small Business Assistance Office (SBAO) as a business with an annual receipt of $5 million or less, or with 100 or fewer employees. In addition to the South Coast AQMD's definitions of a small business, the federal Small Business Administration (SBA) and the federal 1990 Clean Air Act Amendments (1990 CAAA) also provide definitions of a small business. The 1990 CAAA classifies a business as a "small business stationary source" if it: (1) employs 100 or fewer employees, (2) does not emit more than 10 tons per year of either VOC or NOx, and (3) is a small business as defined by SBA. The SBA definitions of small businesses vary by six-digit NAICS codes. In general terms, a small business must have no more than 500 employees for most manufacturing and mining industries.2 2 https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.

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Packet Pg. 649 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-3 August 2023
Staff used the 2022 Dun and Bradstreet data to conduct the small business analysis. The number of employees and revenues are available for 1,031 out of 1,186 affected facilities. Since all the affected facilities subject to the PAR 2202 have at least 250 employees, staff further eliminated 310 facilities with less than 250 employees in the data, resulting in a universe of 721 facilities for the small business analysis. The results show that none of them meet the South Coast AQMD’s Rule 102 definition of a small business. The number of small businesses is eight according to the SBAO definition. In addition, based on SBA’s definition of a small business, 72 out of the 721 facilities would be classified as small businesses. Under the 1990 CAAA definition, no facilities will meet the criteria to be considered as small businesses.

Compliance Costs
As discussed in the “Additional Compliance Costs “of the staff report, PAR 2202 would require all regulated worksites to report additional information, including telecommuting activity, VMT data, and the type of business that is conducted at the worksite on an annual basis. It is conservatively estimated that affected worksites would be able to complete these additional requirements with a minimal amount of labor and time (approx. 10 hours per year).

The extra hours per year would be spent collecting VMT data, reporting telecommute activity, and completing the ETC certification course. The total additional cost was conservatively estimated using the highest hourly wage rate ($38.56) from the typical category of employee responsible for gathering Rule 2202 annual submittal information. With a total of 1,187 regulated worksites in the current Rule 2202 universe, the total additional annual cost estimated from PAR 2202 is estimated to be $457,707.2 (or $385.6 per worksite). Table 1 also presents the additional compliance costs of the PAR 2202 by NAICS codes/industry types. The annual compliance costs are not significant compared to the economy size of South Coast Air Basin area, implying that the PAR 2202 is expected to have minimal impacts on the regional economy.

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Packet Pg. 650 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-4 August 2023
Table 1: Distribution of affected facilities and compliance costs across different industries Industries NAICS
codes
Num of
affected
facilities
Compliance
costs (US
dollars)
Utilities 22 20 $7,712
Construction 23 5 $1,928
Manufacturing 31-33 150 $57,840
Wholesale Trade 42 38 $14,653
Retail Trade 44-45 215 $82,904
Transportation and Warehousing 48-49 96 $37,018
Information 51 40 $15,424
Finance and Insurance 52 59 $22,750
Real Estate and Rental and Leasing 53 13 $5,013
Professional, Scientific, and Technical Services 54 41 $15,810 Management of Companies and Enterprises 55 1 $386
Administrative and Support and Waste
Management and Remediation Services 56 18 $6,941
Educational Services 61 87 $33,547
Health Care and Social Assistance 62 158 $60,925
Arts, Entertainment, and Recreation 71 14 $5,398
Accommodation and Food Services 72 34 $13,110
Other Services (except Public Administration) 81 17 $6,555 Public Administration 92 180 $69,408
Total 1186 $457,322

3.5 DRAFT FINDINGS UNDER HEALTH AND SAFETY CODE 40727
Requirements to Make Findings
Health and Safety Code Section 40727 requires that prior to adopting, amending or repealing a rule or regulation, the South Coast AQMD Governing Board shall make findings of necessity, authority, clarity, consistency, non-duplication, and reference based on relevant information presented at the public hearing and in the staff report.

Necessity
The South Coast AQMD Governing Board finds and determines that PAR 2202; On-Road Motor Vehicle Mitigation Options, is necessary to enhance recordkeeping and reporting, and to provide additional transportation and emissions-related data to the South Coast AQMD.

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Packet Pg. 651 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-5 August 2023
Authority
The South Coast AQMD Governing Board obtains its authority to adopt, amend or repeal rules and regulations from Health and Safety Code Sections 40000, 40001, and 40440 et seq.

Clarity
The South Coast AQMD Governing Board finds and determines that PAR 2202 is written and displayed so that the meaning can be easily understood by persons directly affected by it.

Consistency
The South Coast AQMD Governing Board finds and determines that PAR 2202 is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or federal or state regulations.

Non-Duplication
The South Coast AQMD Governing Board has determined that PAR 2202 does not impose the same requirement as any existing state or federal regulation, and the proposed amendments are necessary and proper to execute the powers and duties granted to, and imposed upon, the South Coast AQMD.

Reference
In adopting PAR 2202, the South Coast AQMD Governing Board references the following statutes which South Coast AQMD hereby implements, interprets, or makes specific: Health and Safety Code Sections 40000, 40001, 40440, and 40716 et seq.

3.6 COMPARATIVE ANALYSIS
Under Health and Safety Code Section 40727.2, the South Coast AQMD is required to perform a comparative written analysis when adopting, amending, or repealing a rule or regulation. The comparative analysis is relative to existing federal requirements, existing or proposed South Coast AQMD rules and air pollution control requirements and guidelines which are applicable to the same source. Because PAR 2202 does impose new reporting and recordkeeping requirements, a comparative analysis is presented below in Table 3-1.

The regulations reviewed for the comparative analysis apply to automobile manufacturers or transit fleet owners. PAR 2202 is different because it regulates larger worksites to reduce emissions from employee commute trips. Therefore, PAR 2202 is not expected to conflict with any other existing regulations.

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Packet Pg. 652 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-6 August 2023
Table 3-1 - Comparative Analysis
Topic PAR 2202 Advanced Clean
Cars Regulations
(CARB)
Clean Miles
Standard
(CARB)
Innovative
Clean
Transit
Regulation
(CARB)
Regulations
for Smog,
Soot, and
other Air
Pollution
from
Passenger
Cars and
trucks (U.S.

EPA)
Regulations
for GHG
Emissions
from
Passenger
Cars and
Trucks
(U.S. EPA)
General
Information
Requires the
reporting of
business
type/classification
for worksites
Only applies to
automakers/
manufacturers
Only applies
to
Transportati
on Network
Companies
(TNCs),
such as Uber
or Lyft
Only
applies to
public
transit
agencies
Only applies
to
automakers/
manufacture
rs
Only applies to
automakers/
manufacturers
Vehicle Miles
Traveled
(VMT)
Worksite VMT
data to be reported
using either AVR
survey or
employee zip
codes

N/A N/A N/A N/A N/A
Telecommuting Worksite
telecommute
policy details to
be reported on
additional
compliance
document,
including
information such
as number of
eligible
telecommuters,
number of
telecommute days
per week
(average), if
telecommute
schedules are
permanent and
number of remote
workers

N/A N/A N/A N/A N/A
Employee
Transportation
Coordinator
Require all sites
that conduct an
AVR survey to
have a certified
ETC

N/A N/A N/A N/A N/A

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Packet Pg. 653 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Chapter 3 Impact Assessment
PAR 2202
Final Staff Report 3-7 August 2023
Links www.aqmd.gov/h
ome/rulescompliance/rules/
scaqmd-rulebook/proposedrules/rule-2202
ww2.arb.ca.gov/o
urwork/programs/ad
vanced-cleancarsprogram/advanced
-clean-cars-ii
/ww2.arb.ca.
gov/ourwork/progra
ms/cleanmilesstandard
https://ww2
.arb.ca.gov/
resources/f
actsheets/inno
vativecleantransit-ictregulationfact-sheet
https://www.
epa.gov/regu
lationsemissionsvehiclesandengines/regu
lationssmog-sootand-otherairpollutionpassenger
https://www.e
pa.gov/regulati
ons-emissionsvehicles-andengines/regulat
ionsgreenhousegas-emissionspassengercarsand#regulation s

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Packet Pg. 654 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management APPENDIX A: RESPONSES TO COMMENT

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Packet Pg. 655 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-1 August 2023

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Packet Pg. 656 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-2 August 2023

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Packet Pg. 657 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-3 August 2023
Responses to Comment Letter #1 received by ITS
Comment 1-1: Comment noted.

Comment 1-2: Comment noted.

Comment 1-3: The proposal will not increase the plan review time from 90 to 120 days, therefore the time for employers to implement their plan and improve their annual performance will not be affected.

Comment 1-4: Please see response to comment 1-3.

Comment 1-5: The proposal will not change the internal plan approval letter process. PAR 2202 is a resource intensive process that has led to a delay in the issuance of yearly plan approval letters. However, it is expected that normal turnaround time for the approval letter process will resume again shortly.

Comment 1-6: PAR 2202 will add clarification to the definitions on the employee survey form for both the telecommuting and non-commuting categories. This is expected to help clarify these terms for employees and help alleviate correction issues for employers before finalizing AVR data.

Comment 1-7: PAR 2202 will update the telecommuting definition to include “work from home” and provide a definition for remote employees to help clarify the meaning of these terms for employees. This information will also be clarified on the employee survey form.

Comment 1-8: A brief definition for the non-commuting mode will also be added to the employee survey form to help avoid incorrect usage of the mode by employees.

Comment 1-9: The definitions for telecommuting and non-commuting modes will be revised/updated in all PAR 2202 associated documents and a brief definition will be added for both modes to the employee survey form.

Comment 1-10: Comment noted.

Comment 1-11: PAR 2202 relies on existing methods to collect VMT data, either through surveying employees or by providing employee zip codes that are available through HR and/or payroll records. For worksites that must conduct an AVR survey, PAR 2202 proposes to require that survey participants indicate their distance (in miles) from home to the worksite on the survey form. Most survey forms already include this VMT data field, however it is not a required field on the survey. PAR 2202 would require the VMT data field be completed by survey participants. Worksites that do

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Packet Pg. 658 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-4 August 2023
not conduct a survey will be required to report employee zip codes and worksite zip code, which will be used to calculate VMT.

The South Coast AQMD is very interested in learning more about the SoCal Regional software that is utilized by LA Metro, OCTA, SBCTA, and RCTC to conduct various VMT-related analyses, and to see if this could potentially aid in the analysis of VMT data collected as part of PAR 2202.

Comment 1-12: Worksites that do not conduct a survey will be required to report employee zip codes and worksite zip code, which will be used to calculate VMT.

Comment 1-13: Comment noted.

Comment 1-14: PAR 2202 is currently scheduled for a Public Hearing before the South Coast AQMD Governing Board on August 4, 2023 (subject to change). The additional reporting requirements of PAR 2202 would not be effective until September 1, 2024January 1, 2025. This will eliminate the issue of worksites needing to fulfill the new requirements who have already begun the survey process, as well as provide sufficient time for employers to plan future survey activities.

Comment 1-15: Teleworking employees identified through HR/payroll records count as a “zero” vehicle trips for the purposes of calculating AVR. Employers that do not conduct a survey will be required to submit employee home zip codes which will be used to calculate VMT. VMT reductions from telecommuting activity would then be calculated for those employees utilizing the telecommuting mode based on the HR/payroll records.

Comment 1-16: The South Coast AQMD provided employers with temporary flexibility due to the pandemic and to aid in the ease of compliance for Rule 2202 requirements. One of the temporary protocols put in place was the ability to use HR/payroll records to document telecommuters in place of the employee survey. This protocol aided employers who employed remote working practices and resulted in increased response rates. PAR 2202 will allow the continued use of these records to report telecommuters and will continue to incentivize teleworking policies across all Rule 2202 applicable sites.

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Packet Pg. 659 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-5 August 2023

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Packet Pg. 660 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-6 August 2023

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Packet Pg. 661 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-7 August 2023

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Packet Pg. 662 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-8 August 2023

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Packet Pg. 663 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-9 August 2023

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Packet Pg. 664 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-10 August 2023
Responses to Comment Letter #2 received by ITS
Comment 2-1: South Coast AQMD appreciates the opportunity to learn about the TripSpark RidePro software capabilities and how it is currently being used by employers subject to Rule 2202. PAR 2202 will rely on existing methods in Rule 2202 to include the new VMT data collection and reporting requirements. For those employers that conduct an AVR survey, staff propose to add a new field to the AVR survey form requiring each employee to specify their VMT during a one-way trip to the worksite. The employee’s reported VMT will be used to calculate the employee’s VMT per commute mode for the survey week. For days that the employee does not commute to the worksite during the survey week, the VMT will be zero. The employer will then provide the total VMT per commute mode by all employees on the AVR summary form (using a typical work week of 5 days). Please note the AVR calculation will not be affected by the VMT information reported on the survey. Please note Rule 2202 currently allows employers the option of selecting an alternative AVR data collection method for calculating the worksite AVR, which must be certified by the South Coast AQMD prior to use, in accordance with the ECRP guidelines. PAR 2202 staff looks forward to further assessing the TripSpark RidePro software and discussing certification and/or software programming changes.

Comment 2-2: South Coast AQMD staff understand the concerns raised and the impact on software programming. To allow additional time for any programming changes, South Coast AQMD extended the effective date of the new reporting requirements to September 1, 2024January 1, 2025. PAR 2202 staff looks forward to further assessing the TripSpark RidePro software and discussing certification and/or software programming changes. PAR 2202 is proposing that VMT data be collected by adding a one-way mileage field to the AVR survey. An employee’s one-way mileage will be used to calculate their VMT by commute mode for the survey week, considering the days the employee does not commute into the worksite. For days that the employee does not commute to the worksite, the VMT will be zero.

Under PAR 2202, there will be no change to the way an employer conducts a 7-day survey. The process for conducting and reporting a 7-day survey will remain the same, with the additional VMT data reporting.

South Coast AQMD staff will begin work on the compliance forms to include the additional data collection requirements upon Board approval.

PAR 2202 is currently scheduled for Board consideration on August 4, 2023. The new data collection and reporting requirements are proposed to take effect on September 1, 2024January 1, 2025. South Coast AQMD believe this is

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Packet Pg. 665 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-11 August 2023
ample time to prepare for implementation of the new data collection and reporting requirements.

Comment 2-3: Remote employees are defined in the Draft Implementation Guidelines and ECRP Guidelines. Remote employees are defined as employees who live and primarily work at locations located outside of the South Coast AQMD, and physically commute to the regulated worksite less than five days a year.

Remote employees are considered as telecommuting employees and included in the telecommute employee count, and the VMT for remote employees will be zero on the days they are telecommuting.

Comment 2-4: Comment noted.

Comment 2-5: Comment noted.

Comment 2-6: For those employers that do not conduct an AVR survey, PAR 2202 will allow the use of HR/payroll records to document telecommuters. The HR/payroll records must be signed by a representative in HR/payroll certifying the validity of the information provided. For worksites that do conduct an AVR survey, the worksite may take credit for full-time telecommuters without surveying those employees. However, the worksite must survey employees on a hybrid schedule to capture the commute mode on the days that the employee physically commuted to the worksite.

Comment 2-7: See response above. Worksites are not required to submit HR/payroll records as a part of their annual registration, however these records are required to be kept at the worksite for a minimum of three compliance years.

All worksites will need to provide general information on their telecommute practices on a separate new compliance form which will include a signature from a representative in HR/payroll to certify the validity of the information provided.

Comment 2-8: See response above.

Comment 2-9: Worksites may only use HR/payroll records to complete their annual registration if the HR department or payroll department knows the exact number of daily telecommuters. The HR/payroll records must be signed by a representative in HR/payroll certifying the validity of the information provided. If the information cannot be validated, the information may not be used for compliance.

Comment 2-10: See response to 2-1.

Comment 2-11: PAR 2202 allows worksites to report employee telecommute activity on the AVR survey form, even if not all telecommuters respond to the employee survey provided the worksite can validate the employee’s

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Packet Pg. 666 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-12 August 2023
telecommuting activity using HR/payroll records. See response to comment 2-6. Worksites may take credit for employee telecommute days for employees on a hybrid schedule, but only for the days the employee did not physically commute to the worksite. If an employee on a hybrid schedule does not respond to the AVR survey, the ETC may account for the employee telecommute days based on HR/payroll records and will mark the days that the employee did physically commute to the office as a no response.

Employers will not report five days of telecommute activity for employees that are telecommuting via a hybrid schedule.

Comment 2-12: Worksites do not need to survey full-time telecommuters and may include the full-time telecommuters in the survey response rate. The worksite must validate this telecommuting activity using HR/payroll records to verify the number of employees who are using the telecommute mode for every day of the survey period. However, employees on a hybrid schedule do need to be surveyed to capture the commute mode on the days that the employee physically commuted to the worksite. The worksite may not manually input telecommute data to alter the survey response rate.

Comment 2-13: South Coast AQMD staff will continue to provide ETC training at least monthly and be available to all employers subject to the rule. Additionally, staff will be releasing detailed instructions on complying with the new reporting requirements that will be available on the Rule 2202 website.

Comment 2-14: A worksite is not required to follow the procedures for telecommuting employees. The extra steps used to account for the various types of telecommuting employees are optional and allow the worksite to take credit for telecommute trips if they wish to do so. The general information required on telecommuting practices at the worksite will be required for all worksites submitting an annual registration under PAR 2202, regardless of chosen compliance option.

Comment 2-15: Comment noted.

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Packet Pg. 667 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-13 August 2023

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Packet Pg. 668 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-14 August 2023

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Packet Pg. 669 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-15 August 2023

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Packet Pg. 670 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-16 August 2023

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Packet Pg. 671 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-17 August 2023
Responses to Comments/Questions Received
during the Public Workshop- #3
Comment 3-1: A link to the presentation slides was posted live in the Q&A. The presentations slides can be found on the South Coast AQMD website at:
http://www.aqmd.gov/docs/default-source/transportation/par-2202/finalpar-2202-pw.pdf.

Comment 3-2: South Coast AQMD staff present during the Public Workshop are Ian MacMillan, Vicki White, Jeffrey Inabinet, Natalie Gonzalez, and Chelsee Orozco.

Comment 3-3: Worksites that conduct an AVR survey are required to designate an ETC. If the worksite is a part of a multi-site, then the employer submitting a multisite program may designate an ETC at one worksite and designate On-Site Coordinators for all other worksites.

Comment 3-4: ETC training will not be made free, as staffing resources need to be recovered. A bundle training option will not be offered, as worksites are only required to have one trained ETC. On-Site Coordinators may be utilized at worksites filing a multi-site registration to implement the rideshare program where an ETC is not present.

Comment 3-5: Staff will assess the ability to provide a zip code list for the South Coast AQMD jurisdiction to assist worksites in differentiating remote employees.

Comment 3-6/3-7: Temporary employees are not counted for rule applicability or in calculating AVR. The temporary employee protocols will not be changing as part of PAR 2202.

Comment 3-8: Employees using electric scooters for the commute trip to the worksite should be accounted for in the Zero Emission Vehicle (ZEV) mode on the AVR survey form.

Comment 3-9: Comment noted.

Comment 3-10: All PAR 2202 related documents are open for review and comment until a final determination is made by the Governing Board on August 4, 2023.

Comment 3-11: Please see response to Comment 3-1.

Comment 3-12: Rule 2202 staff will release the telecommute compliance page if PAR 2202 is adopted by the Governing Board on August 4, 2023.

Comment 3-13: Please see response to Comment 3-1.

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Packet Pg. 672 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-18 August 2023
Comment 3-14: PAR 2202 is considered the first phase of amending Rule 2202 and will require regulated worksites to provide employee zip codes to calculate VMT from employee commute trips to worksites. The VMT data collected will be used to inform a potential future second amendment (Phase 2) to Rule 2202.

Comment 3-15: Comment noted.

Comment 3-16: PAR 2202 will require all survey participants to report one-way miles traveled from home (using home zip code) to the worksite. No employee home addresses will be required to be reported. The zip codes that will be provided are generalized information and will not require any specific employee information due to privacy concerns.

Comment 3-17: Employers must keep Human Resources/Payroll records at the worksite for a minimum of three compliance years to validate telecommute activity data.

Specific documents may vary between worksites, but they must show proof of reported telecommute activity.

Comment 3-18: A worksite may enlist the assistance of a TMA to help the worksite complete their annual compliance paperwork. The TMA ETC may sign as the ETC for the worksite if they have been appointed to develop, market, administer, and monitor the worksite’s chosen compliance option.

Comment 3-19: Comment noted during workshop.

Comment 3-20: Clarifying definitions will be added to the AVR survey form to clarify commute modes that may appear unclear to an employee (eg. Noncommuting) employees when selecting their commute mode.

Comment 3-21: Employees arriving to the worksite in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero-emission vehicle provided that the entire trip to work is made exclusively under electric power. This applies to plug-in vehicles with all electric range that can travel exclusively under electric power without use of the gasoline engine or cogeneration system.

Comment 3-22: Multi-site submittals will have the ability to designate a business type/classification for each individual site within the multi-site plan.

Comment 3-23: Employers will not need to resubmit their ECRP registration if they are submitting a High AVR ECRP Program. The site will be required to submit the AVR survey summary form with the proposed VMT data beginning September 1, 2024January 1, 2025, pending approval of PAR 2202.

Comment 3-24: Worksite VMT reporting methodology will be dependent on the worksite’s chosen compliance option. If the worksite does not conduct an

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Packet Pg. 673 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-19 August 2023
AVR survey, they will report anonymized employee zip code information.

If the worksite does conduct an AVR survey, the worksite will collect employee one-way mileage from the home to the worksite on the AVR survey form. The VMT data will also be reported per mode type as a part of the AVR survey summary form.

Comment 3-25: Comment noted.

Comment 3-26: South Coast AQMD requires that all worksites maintain Rule 2202 records for three compliance years at the worksite and to be available for review in case of an inspection.

Comment 3-27: Please see response to Comment 3-21.

Comment 3-28: The proposal will not change the internal plan approval letter process. PAR 2202 has required South Coast AQMD staff to prioritize rulemaking efforts which that has led to a delay in the issuance of yearly plan approval letters.

However, it is expected that normal turnaround time for the approval letter process will resume again shortly.

Comment 3-29: Hybrid vehicles meet the definition of a zero-emission vehicle, for current purpose of the AVR survey, provided that the entire trip to the worksite is made exclusively under electric power. Please see response to Comment 3-

21. In the future, staff may consider creating a separate hybrid vehicle category.

Comment 3-30: PAR 2202 is currently scheduled for Board consideration on August 4, 2023. If adopted, proposed requirement will go into effect September 1, 2024January 1, 2025.

Comment 3-31: Specific worksite telecommute documentation may vary between worksites depending on the worksite’s method of tracking employee telecommuting activity. The worksite records must show proof of reported telecommute activity in the event of an inspection.

Comment 3-32: Comment noted.

Comment 3-33: If a worksite is conducting an AVR survey and a group of employees refuse to complete the survey, they would be accounted for in the No Survey Response category. Zip codes do not need to be reported for employees who do not respond to the survey. Zip code date is only required to be reported by worksites that do not conduct an AVR survey in order to estimate employee VMT.

Comment 3-34: Comment noted.

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Packet Pg. 674 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-20 August 2023
Comment 3-35: The current process is for approval letters to be mailed to the site contact at the worksite. South Coast AQMD staff is currently working on systems to make the Rule 2202 program submittal process automated and will explore options of making the plan approval process more efficient.

Comment 3-36: South Coast AQMD staff will begin work on the compliance forms to include the additional data collection requirements upon Board approval.

PAR 2202 is currently scheduled for Board consideration on August 4, 2023. If adopted, the new data collection and reporting requirements are proposed to take effect on September 1, 2024January 1, 2025. South Coast AQMD believe this is ample time to prepare for implementation of the new data collection and reporting requirements.

Comment 3-37: Future of amendments to Rule 2202 will be largely influenced by the data collected through the new reporting requirements of PAR 2202. This additional data will be analyzed by staff and will inform future proposed amendments to the rule.

Comment 3-38: The audio recording of the Public Workshop can be made available upon request.

Comment 3-39: The additional data proposed to be collected from PAR 2202 will be analyzed by staff and will inform the direction of future decision-making efforts. The second phase of rule amendments are scheduled to begin in 2024-2025.

Comment 3-40: Filing fees for the 2023/2024 compliance year have been posted to the Rule 2202 website. The Filing Fee Summary can be found here:
http://www.aqmd.gov/docs/default-source/transportation/rule-2202-filingfees-summary-july-01-2023.pdf.

Comment 3-41: The AVR survey will not use zip codes to fulfill the VMT reporting requirement. The AVR survey will ask employees to report their one-way miles distance to work and will use this data to calculate VMT by commute mode on the AVR summary.

Comment 3-42: PAR 2202 will continue the Covid-19 protocols for telecommute trip reporting and furloughed employee count. Covid-19 protocols that waived extension fees and late fees will be rescinded.

Comment 3-43: PAR 2202 is currently scheduled for Board consideration on August 4, 2023. If adopted, the new data collection and reporting requirements are proposed to take effect on September 1, 2024January 1, 2025.

Comment 3-44: PAR 2202 will not be removing the Mobility Hub Service strategy option.

This option was previously included in the “other” category but will now

10.B.c
Packet Pg. 675 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-21 August 2023
be a standalone strategy. A shuttle service from a train station to the worksite counts as a Mobility Hub Service.

Comment 3-45: The worksite inspection process will not change due to PAR 2202 and worksite inspections/audits may not be scheduled.

Comment 3-46: Zip codes will be used to report VMT by worksites that do not conduct an AVR survey, while worksites that do conduct an AVR survey will collect one-way mileage on the AVR survey. The AVR survey will allow the VMT to be summarized by commute mode type, which cannot be collected through zip codes alone. Staff is confident that employees will have the ability to determine the mileage they travel to the worksite, and that this information combined with commute mode will be highly informative in developing future amendments to Rule 2202.

Comment 3-47: Staff is proposing a September 1, 2024January 1, 2025 implementation date for the additional reporting required by PAR 2202. Therefore, worksites will not be required to provide the additional reporting requirements for one year if PAR 2202 is adopted by the Governing Board on August 4, 2023.

Staff is confident that this one-year grace period will provide enough time for worksites to prepare to comply with the new reporting requirements.

Comment 3-48: Comment noted.

Comment 3-49: Comment noted.

Comment 3-50: Please see response to Comment 3-16.

Comment 3-51: Please contact staff for clarification regarding what field personnel or field construction workers are exempt from surveying requirements at your specific worksite.

Comment 3-52: This is the last scheduled public workshop meeting.

Comment 3-53: Comment noted.

Comment 3-54: Comment noted.

Comment 3-55: Comment noted.

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Packet Pg. 676 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-22 August 2023

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Packet Pg. 677 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-23 August 2023

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Packet Pg. 678 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-24 August 2023

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Packet Pg. 679 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-25 August 2023

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Packet Pg. 680 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-26 August 2023
Responses to Comment Letter #4
received by the City of Santa Monica
Comment 4-1: Comment noted. Staff agree with the commenter that there is a need to update Rule 2202 to be responsive of current trends and to collect additional data to ensure that the regulation continues to serve the intended purpose of reducing emissions associated with employee commute trips and to better inform future rulemaking activities. PAR 2202 will require new data collection and reporting to inform future amendments to the rule.

Comment 4-2: Staff agree with the commenter that collecting data from all commutes instead of only the AM peak window trips would allow the South Coast AQMD and the City to better evaluate commute trip elimination and transit pattern/time shifting. However, with the current allocation of resources to the Rule 2202 program, the collection of data from outside of the AM peak window is not feasible at this time.

Comment 4-3: The South Coast AQMD provided employers with temporary flexibility due to the pandemic and to aid in the ease of compliance for Rule 2202 requirements. One of the temporary protocols put in place was the ability to use HR/payroll records to document telecommuters in place of the employee survey. This protocol aided employers who employed remote working practices and resulted in increased survey response rates. PAR 2202 will allow the continued use of these records to report telecommuters and will continue to, in accordance with the 2022 Air Quality Management Plan, incentivize teleworking policies across all Rule 2202 applicable sites.

The HR/payroll records utilized must be signed by a representative in HR/payroll certifying the validity of the information provided. Staff look forward to working with the City of Santa Monica to update the existing Memorandum of Understanding (MOU) between the South Coast AQMD and the City and incorporating any needed changes if PAR 2202 is adopted.

Comment 4-4: A new definition for “remote employees” has been added in the Draft Implementation Guidelines and ECRP Guidelines. Remote employees are defined as employees who live and primarily work at locations located outside of the South Coast AQMD, and physically commute to the regulated worksite less than five days a year. Remote employees are considered as telecommuting employees and included in the telecommute employee count, however, the VMT for remote employees will be zero on the days they are telecommuting.

Comment 4-5: As mentioned in response to Comment 4-2, the current allocation of resources to the Rule 2202 program does not allow for staff to enforce the State Parking Cash Out Law. Parking Cash Out is a state regulation with enforcement authority by the California Air Resources Board (CARB).

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Packet Pg. 681 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-27 August 2023
Comment 4-6: Staff are not proposing to change the use of AVR as a metric for Rule 2202 at this time. Staff are only proposing to collect VMT data to analyze the potential for including VMT as a metric in the rule in the future. Staff will consider all factors before proposing to use VMT as a metric in the rule.

VMT is being utilized as a key metric by other lead agencies. Both the Scoping Plan and State Implementation Plan (SIP) from CARB include VMT reductions as a key measure needed to achieve air quality and greenhouse gas reduction goals. SCAG also uses VMT as key metric to determine if their RTP is working. Staff clarified this proposal will not make any changes to the current AVR approach in Rule 2202.

Comment 4-7: Comment noted. Staff agrees that it is an important time to evaluate existing performance zones to factor in new high quality transit areas and travel patterns. Staff also agrees that it is important to evaluate future compliance options for zero emission passenger vehicles and supporting infrastructure, so long as they are not favored over non-automotive options such as walking, biking and transit.

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Packet Pg. 682 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-28 August 2023

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Packet Pg. 683 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-29 August 2023

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Packet Pg. 684 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-30 August 2023

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Packet Pg. 685 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-31 August 2023

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Packet Pg. 686 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-32 August 2023

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Packet Pg. 687 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff ReportA-33 August 2023

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Packet Pg. 688 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Appendix A Responses to Comment
PAR 2202
Final Staff Report A-34 August 2023
Responses to Comment Letter #5 received by ITS
5-1 The South Coast AQMD understands that potential minor system changes may need to occur to the Regional TripSpark RidePro software to accommodate the additional VMT data request of PAR 2202. However, page 2 of the comment letter states that “Regional TripSpark RidePro software currently calculates VMT based on geocoded survey data and would not require the addition of a one-way mileage field to the AVR survey.” Therefore, it is unclear if any modification to the software is necessary to provide the additional data requests of PAR 2202. The South Coast AQMD understands that many ETCs at regulated worksites rely on this regional software utilized by the CTCs to generate their AVR reports for annual registration submittals. We will continue to work with ITS to make the transition of providing the additional data required by PAR 2202 as efficient and seamless as possible.

PAR 2202 is currently scheduled for Board consideration on August 4, 2023. The effective date for the new data collection and reporting requirements have been extended from July 1, 2024 to September 1, 2024January 1, 2025. South Coast AQMD believe this is adequate time to prepare for implementation of the new data collection and reporting requirements.

The remainder of the comment letter contains information that was previously submitted by ITS (Comment Letter #2). Please see the responses to Comment Letter #2.

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Packet Pg. 689 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

ATTACHMENT J
SUBJECT: NOTICE OF EXEMPTION FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
PROJECT TITLE: PROPOSED AMENDED RULE 2202 – ON-ROAD MOTOR

VEHICLE MITIGATION OPTIONS
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the South Coast Air Quality Management District (South Coast AQMD), as Lead Agency, has prepared a Notice of Exemption pursuant to CEQA Guidelines Section 15062 – Notice of Exemption for the project identified above.

If the proposed project is approved, the Notice of Exemption will be filed for posting with the county clerks of Los Angeles, Orange, Riverside, and San Bernardino Counties. The Notice of Exemption will also be electronically filed with the State Clearinghouse of the Governor’s Office of Planning and Research for posting on their CEQAnet Web Portal which may be accessed via the following weblink: https://ceqanet.opr.ca.gov/search/recent. In addition, the Notice of Exemption will be electronically posted on the South Coast AQMD’s webpage which can be accessed via the following weblink: http://www.aqmd.gov/nav/about/public-notices/ceqanotices/notices-of-exemption/noe---year-2023.

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Packet Pg. 690 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management

NOTICE OF EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
To: County Clerks for the Counties of Los
Angeles, Orange, Riverside and San
Bernardino; and Governor's Office of
Planning and Research – State Clearinghouse
From: South Coast Air Quality Management
District
21865 Copley Drive
Diamond Bar, CA 91765
Project Title: Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options Project Location: The proposed project is located within the South Coast Air Quality Management District’s (South Coast AQMD) jurisdiction, which includes the four-county South Coast Air Basin (all of Orange County and the non-desert portions of Los Angeles, Riverside, and San Bernardino counties), and the Riverside County portion of the Salton Sea Air Basin and the non-Palo Verde, Riverside County portion of the Mojave Desert Air Basin.

Description of Nature, Purpose, and Beneficiaries of Project: Existing Rule 2202 requires large employers to choose from a menu of options to reduce emissions from employee commutes. The adopted 2202 Air Quality Management Plan includes Mobile Source Control Measure MOB-14: Rule 2202 – OnRoad Motor Vehicle Mitigation Options which seeks to identify additional potential emission reductions.

Proposed Amended Rule (PAR) 2202 includes a first phase of rule development that would impose new data collection and reporting requirements on all covered worksites, update implementation guidelines, and make other minor administrative changes. Data collected from this proposed amendment would inform a potential future phase of rulemaking (that would undergo its own public process and CEQA analysis). PAR 2202 applies to all employers located within South Coast AQMD’s jurisdiction with 250 or more employees, which is approximately 1,186 worksites with over 600,000 employees arriving to the worksite within the peak window of 6:00 a.m. to 10:00 a.m. Specifically, PAR 2202 includes the following proposed changes:
1) incorporates additional data collection requirements for all regulated worksites, including information on telecommuting activity, Vehicle Miles Traveled (VMT), and business type/classification for the worksite; 2) revises the Rule 2202 Implementation Guidelines and Employee Commute Reduction Program Guidelines; 3) adds provisions to permanently allow the use of Human Resources and/or payroll records to account for telecommute trips to streamline reporting; 4) updates rideshare strategies; 5) incorporates new and amended definitions; and 6) makes minor administrative changes for clarity and consistency. PAR 2202 is not expected to achieve additional emission reductions from worksites subject to the rule.

Public Agency Approving Project:

South Coast Air Quality Management District
Agency Carrying Out Project:

South Coast Air Quality Management District
Exempt Status:

CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption CEQA Guidelines Section 15306 – Information Collection
Reasons why project is exempt: South Coast AQMD, as Lead Agency, has reviewed the proposed project (PAR 2202) pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a project is exempt from CEQA. Because PAR 2202 contains additional data collection requirements to analyze employee commute activity to inform future rule amendments, minor revisions and clarifications and will not require physical modifications, it can be seen with certainty that implementing the proposed project would not cause a significant adverse effect on the environment. Therefore, the proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption. Further, the proposed amendments contain action items involving the collection or exchange of information or data obtained from stakeholders, which are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 – Information Collection.

Finally, there is no substantial evidence indicating that any of the exceptions to the categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply to the proposed project.

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Packet Pg. 691 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management NOTICE OF EXEMPTION FROM CEQA (concluded)
Date When Project Will Be Considered for Approval (subject to change):

South Coast AQMD Governing Board Public Hearing: August 4, 2023 CEQA Contact Person:

Jivar Afshar
Phone Number:
(909) 396-2040
Email:
[email protected]
Fax:
(909) 396-3982
PAR 2202 Contact Person:

Natalie Gonzalez
Phone Number:
(909) 396-3653
Email:
[email protected]
Fax:
(909) 396-3982
Date Received for Filing: Signature:

(
( (Signed and Dated Upon Board Approval)
Barbara Radlein
Acting Planning and Rules Manager, CEQA
Planning, Rule Development, and
Implementation

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Packet Pg. 692 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Amend Transportation Demand Management Proposed Amended Rule 2202
On-Road Motor Vehicle
Mitigation Options
Board Meeting
August 4, 2023

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Packet Pg. 693 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Rule 2202 Background
Rule 2202 provides employers with a menu of options to reduce mobile source emissions from employee commute trips
 Compliance options
• Air Quality Investment Program (AQIP)
• Emission Reduction Strategies (ERS)
• Employee Commute Reduction Program (ECRP)
Rule 2202 Applicability
 Employers with 250+ employees must register annually
 Includes ~1,300 worksites with over 650,000 peak-window employees 2022 AQMP includes control measure MOB-14 to amend
Rule 2202
2 AQIP
8%
ERS
47%
ECRP
45%
Worksites’
Compliance Choices

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Packet Pg. 694 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Phase 1
August 2023
Phase 2
2025-2026
(rulemaking to begin in 2024)
 Consider using VMT as primary metric within rule
 Reassess performance zones and targets to factor in
new high quality transit areas and travel patterns
 Evaluate compliance options for zero emission
passenger vehicles and supporting infrastructure
 Evaluate continued use of credit options for compliance  Modify rideshare program requirements and reporting
 Require limited new data
collection and reporting to
inform Phase 2 rulemaking
 Administrative rule cleanup and
streamlining
Two-Phase Process for
Proposed Amended Rule (PAR) 2202
3 10.B.c
Packet Pg. 695 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to PAR 2202 Overall Concept • Collect new data to inform Phase 2 rulemaking (reporting requirements to start January 1, 2025)
 New data reporting required from all worksites • Telecommuting practices • Vehicle Miles Traveled (VMT) – zip codes or survey data • Worksite categorization (business/industry type) • Administrative cleanup/streamlining for rule
implementation  Guidance document revisions  Specific ECRP strategies updated  Update AVR survey form and compliance documents 4 10.B.c
Packet Pg. 696 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Proposed VMT Reporting Requirement
 Key metric in Rule 2202 is Average Vehicle Ridership (AVR)  When estimating passenger vehicles emissions, other agencies focus on VMT as the key metric
 CEQA, CARB, and SCAG all use VMT
 How will VMT be reported:

1. Employers conducting an AVR survey (about 45% of worksites):
 Report distance from home to the worksite on the AVR survey form  Some worksites do this already
 Widely used 3rd party compliance software already estimates VMT

2. Similar to telecommute reporting, employers not conducting a survey may use payroll/HR records:
 Anonymized employee home zip codes will be used to calculate approximate VMT 5 10.B.c
Packet Pg. 697 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Proposed Telecommuter Reporting Requirement
 Telecommuting has been widely used after onset of the COVID-19 pandemic
 Amount of telecommuting is changing through time
 All worksites would be required to report additional information, using an additional page of the compliance packet:
 Number of employees telecommuting
 Worksite telecommuting policy and number of employees eligible to telecommute
 Type of worksite (e.g., school, factory, office, etc.)  Payroll/HR records may continue to be used for telecommuting reporting in lieu of employee survey to streamline reporting 0 50
100
150
200
250
2019 2020 2021 2022
Rule 2202
Average Daily Telecommuters
0 1
2 3
4 2019 2020 2021 2022
Rule 2202
Average Vehicle Ridership
# of Telecommuters Employees per Vehicle
6 10.B.c
Packet Pg. 698 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Rule 2202 Guidance Document Revisions
 Implementation Guidelines and ECRP Guidelines
 Two existing guidance documents provide supplemental
information for compliance with rule requirements
 Proposed revisions:
 Reporting requirements for telecommuting and VMT
 Updated/added definitions
 Training requirement for sites that conduct a survey
 Rideshare strategy updates
 Additional administrative clarifications
7 10.B.c
Packet Pg. 699 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Stakeholder Input
Most issues resolved in Working Group Meetings, Public Workshop, and final rule package Staff is aware of two potential remaining issues:
8 Issue Staff Response
Concerns about 2nd phase of rulemaking
(e.g., potential inclusion of VMT targets,
modifying use of credits, etc.)
 Staff recognizes these concerns and proposed rule gathers more information before beginning 2nd phase of rulemaking
 2nd phase of rulemaking will allow for robust stakeholder participation Concerns about implementation of
proposed amendments
 Data reporting extended to start on January 1, 2025
 Rule definitions and guidelines updated to provide clarity and facilitate reporting
 Staff will continue to work with stakeholders as forms and software are updated
 Executive Officer can update guidelines periodically, if needed

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Packet Pg. 700 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to Staff Recommendation
Adopt resolution:
Determining that PAR 2202 is exempt from CEQA
Amending Rule 2202
9 10.B.c
Packet Pg. 701 Attachment: AQMD Rule 2202 Proposed Amendment Staff Report (5845 : First Reading to ITEM 8-D
COUNCIL MEETING: August 13, 1991 Santa Monica, California TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Approve the Proposed Transportation Management Plan (TMP) Ordinance.

INTRODUCTION
This report recommends that the City Council approve the proposed Transportation Management Plan (TMP) Ordinance, which includes changes that were made to address issues raised by Council, the Chamber of Commerce and the South Coast Air Quality Management District (AQMD).

BACKGROUND
At the June 4, 1991 City Council meeting, after the public testimony, Council asked staff to revise the TMP Ordinance based upon comments by Council, Chamber of Commerce, and AQMD.

This report outlines the changes to the Ordinance based upon those comments.

SUMMARY OF CHANGES
The following summarizes the revisions made to the Ordinance since the June 4, 1991 meeting:
o Language has been added which states that employers of 100 or more employees shall not be responsible for
complying with the TMP until the City of Santa Monica
and AQMD reach an agreement providing an exemption from Regulation XV requirements.
o Employers are responsible to submit a Worksite
Transportation Plan, and annual updates, even if they
do not receive a notice from the City.
o Transportation Management Associations (TMA's) are no longer required to submit a Worksite Transportation
Plan in order to receive the 25% fee reduction.

Instead, an employer will receive the fee reduction if
they are a member of a TMA certified by the City based
upon criteria outlined in the Ordinance. A TMA may
still submit a Worksite Transportation Plan on behalf
of its members upon execution of CC&R's or other
appropriate mechanisms.
o The Employer Annual Impact Fee will be established by a

10.B.d
Packet Pg. 702 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First resolution of the City Council, which will allow the
fee to be amended on an as needed basis.
o The fee reductions available to employers have been
clarified, with a total possible fee reduction of 85%
available to employers who demonstrate attainment of a

1.5 AVR for three consecutive years and who are a
member of a TMA certified by the City.
o Language has been added which clarifies the minimum
requirements of a Worksite Transportation Plan.

Staff has met with representatives from the South Coast Air Quality Management District and the Chamber of Commerce to address their previous concerns. The proposed Ordinance resolves the concerns of the SCAQMD staff, and responds to the Chamber's concerns over the formation of Transportation Management Associations.

Discussions have been occurring with SCAQMD to develop an acceptable Memorandum of Understanding between the City and SCAQMD. Once this MOU is approved by both agencies, the City will retain implementation authority over employers with 100 or more employees. It is anticipated that a MOU will be complete by the time the proposed Ordinance is in effect.

BUDGET/FINANCIAL IMPACT
The following outlines the anticipated expenditures and revenues for implementation of the Transportation Management Ordinance.

Due to the potential shortfall of revenues after the fourth year (due to the proposed incentive fee reductions), staff is recommending that the Ordinance limit the maximum reduction of fees to 85% of the total fees required. This will help ensure the program generates sufficient revenues to operate the program.

The following outlines the currently proposed budget:

Proposed Budget
1 TMP Manager $70,000*
2 Transp. Coord. 91,000*
1 Clerical 33,000*
Consultants 20,000
Supplies 35,000
Total: $249,000
* This figure includes benefits
Projected Revenues
1st Year $ 75,000
2nd Year 172,079
3rd Year 315,468
4th Year 291,742

10.B.d
Packet Pg. 703 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First The fees collected by the City will not be sufficient to cover the anticipated expenditures for the first two years. Therefore, funds from the Colorado Place and Watergarden traffic mitigation fees will be required to off-set the deficit. Sufficient funds are projected to be available for that purpose.

The adopted budget indicates that $144,916 in traffic mitigation fee revenue will be utilized in FY 1991-92 to support the current level of TMP related work. Changes to both the expenditure and revenue sides of the budget would be needed to reflect full implementation of the TMP Ordinance as proposed herein. Those changes can be presented to the Council for consideration as part of the FY 1990-91 year-end budget review process which will occur in September.

RECOMMENDATION
It is recommended that the City Council introduce the proposed Ordinance for first reading, and direct staff to return to the City Council at year-end review with the budget changes needed for implementation.

Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Principal Planner
Paul Casey, Transportation Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments: Revised Ordinance
ORDINANCE NUMBER ____
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE

IX OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE NEW AND

EXISTING NON-RESIDENTIAL DEVELOPMENT PROJECTS TO ADOPT

WORKSITE TRANSPORTATION PLANS AND TO PAY TRANSPORTATION

IMPACT FEES TO REDUCE TRAFFIC CONGESTION AND

IMPROVE AIR QUALITY IN THE CITY

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2B is added to Article IX of the Santa Monica Municipal Code to read as follows:

CHAPTER 2B - TRANSPORTATION MANAGEMENT
SECTION 9220. Findings. The City Council
finds and declares:
(a) Expected growth in population and
employment opportunities in the City will be
accompanied by concomitant increases in traffic

10.B.d
Packet Pg. 704 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First congestion.
(b) Transportation and traffic studies
project that future traffic levels on surface
streets will be severe unless measures are taken to
reduce commute hour traffic levels.
(c) Air quality studies indicate that ozone
and carbon monoxide concentrations exceed state and
federal standards some days in the City.
(d) Traffic along some major routes in the
City has or is expected to reach Level of Service
"F" during peak hours, indicating conditions where
excessive delays develop repeatedly due to vehicles
arriving at rates greater than capacity and where
emergency vehicle travel is impeded.
(e) New development and major additions to
existing development by the year 2010 will have an
adverse impact on the existing transportation
systems by adding approximately 17,000 trips to the
existing demand of over 20,000 p.m.-peak hour trips
from non-residential land uses.
(f) The City's General Plan calls for
formation of a plan to implement the transportation
management policies of the Circulation Element, an
uncongested traffic circulation system, energy
conservation, and maintenance of noise and air
quality levels within established standards.
(g) The transportation system is impacted
Citywide by the traffic and parking requirements of
development.
(h) Transportation Systems Management,
Transportation Demand Management, and Transportation
Facility Development strategies can improve service
and operations to increase mobility and the general
efficiency of the system. These strategies
encompass traffic operations, ridesharing, and
bicycle improvements as well as transit planning and
management of the system. These strategies enhance
vehicle flow or shift demand on an existing
transportation facility and can be effective to
mitigate negative effects of transportation, such as
air quality, energy use, and noise levels.
(i) Reduction of congestion and the time of
commute trips will improve the quality of life in
the City and improve quality and level of access for
residents and employees and patrons of local
businesses.
(j) Coordination of Transportation Systems
Management, Transportation Demand Management, and

10.B.d
Packet Pg. 705 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Transportation Facility Development strategies with
other cities and counties in the region and through
regional agencies will assist in meeting the goals
of this Chapter.

SECTION 9221. Purpose and Objectives. The
purpose and objectives of this Chapter are to
establish a transportation management plan that
will:
(a) Allow for any growth permitted by the
land use plans of the City while minimizing
peak-hour automobile commute trips from new and
existing places of employment.
(b) Reduce traffic impacts within the
community and region through a reduction in the
number of vehicular trips and total vehicle miles
traveled.
(c) Reduce the vehicular air pollutant
emissions, energy usage, and ambient noise levels
through a reduction in the number of vehicular
trips, total vehicle miles traveled, and traffic
congestion.
(d) Ensure City compliance with South Coast
Air Quality Management District Regulation XV, and
require employers both to meet Regulation XV air
quality targets and to achieve City traffic
objectives.
(e) Achieve a commuter Average Vehicle
Ridership of 1.50 within one (1) year for employers
of 100 employees or more.
(f) Achieve City-wide commuter Average
Vehicle Ridership of 1.50 within three (3) years for
all employers of ten or more employees.
(g) Strive to maintain levels of service on
streets and intersections during peak-hours at or
below capacity for as long a period of time as
feasible.
(h) Strive to prevent levels of service on
streets and intersections that have not reached
Level of Service "E" during peak-hours from reaching
that level.
(i) Strive to improve levels of service on
streets and intersections that have already reached
Level of Service "E" during peak-hours.
(j) Minimize the percentage of employees
traveling to and from work at the same time and
during peak hour periods in single occupant

10.B.d
Packet Pg. 706 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First vehicles.
(k) Assist in attainment of the requirements
of the Federal Clean Air Act.
(l) Implement several air quality control
measures required of local governments by the 1989
Air Quality Management Plan adopted by the Southern
California Air Quality Management District and
subsequent updates.
(m) Promote and increase work-related transit
use, ridesharing, walking and bicycling to minimize
parking needs and to protect critical intersections
from severe overload.
(n) Decrease the government cost of
transportation and parking facility construction and
improvements.
(o) Maximize the use of commute modes other
than the single-occupancy vehicle through
Transportation Systems Management, Transportation
Demand Management, and Transportation Facilities
Development.

SECTION 9222. Definitions. The following
words or phrases shall have the following meanings
when used in this Chapter:

Average Vehicle Ridership (AVR). The total
number of employees who report to the worksite or
another job-related activity during the peak periods
Monday through Friday divided by the number of
vehicles driven by these employees over that
five-day period. The AVR calculation requires that
a five consecutive weekday average be used. The
averaging period cannot contain a holiday and shall
represent a normal situation so that a projection of
the average vehicle ridership during the year is
obtained.

An example of calculating morning AVR using a
weekly averaging period for an employer with 300
employees all reporting to work weekdays between
6:00 a.m. and 10:00 a.m. inclusive is:

Employees reporting to work:

Monday 300
Tuesday 300
Wednesday 300
Thursday 300
Friday 300
Total 1500

10.B.d
Packet Pg. 707 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Number of vehicles driven to the worksite by
these employees:

Monday 270
Tuesday 250
Wednesday 280
Thursday 265
Friday 262
Total 1327
AVR is arrived at by dividing the number of
employees reporting to work between the hours of
6:00 a.m. and 10:00 a.m. during the week (1500) by
the number of vehicles driven to the worksite
between the same hours during the week (1327):
1500 = 1.13 AVR
1327
A similar calculation is required for obtaining the
afternoon peak period AVR for commute trips between
3:00 p.m. and 7:00 p.m. This calculation does not
include credits for telecommuting, clean fuel
vehicles, or compressed work weeks.

Buspool/Shuttle Bus. A vehicle carrying
sixteen (16) or more passengers commuting on a
regular basis to and from work with a fixed route,
according to a fixed schedule.

California Department of Transportation
(Caltrans). The state agency responsible for the
maintenance and development of California's
transportation systems.

Carpool. A motor vehicle occupied by two (2)
or more employees traveling together to and from
work.

Commute Trip. A home-to-work or work-to-home
trip.

Developer. Any person responsible for
development of a non-residential development project
which will result in ten (10) or more peak period
trips.

Employee. Any person employed by a firm,
person, business, educational institution,
non-profit agency or corporation, government agency
or other entity who reports to work at a single
worksite for six months or more.

Employer. Any public or private employer,
including the City of Santa Monica, having a
permanent place of business in the City and

10.B.d
Packet Pg. 708 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First employing 10 or more employees.

Level of Service ("LOS"). A term to describe
prevailing and projected traffic conditions on a
roadway and is expressed by delay and the ratio of
volume/capacity (V/C). Six levels of service are
designated "A" through "F." "A" describes a free
flowing condition and "F" describes forced traffic
flow conditions with severe capacity deficiencies
and delays. This definition is based on the Highway
Capacity Manual, Transportation Research Board SR
209 (1985).

Mitigation Measures. Those actions (e.g.,
Transportation Systems Management, Transportation
Demand Management, and Transportation Facility
Development) which are taken to reduce traffic
impacts.

Monitoring. The techniques used to assess
progress towards complying with the transportation
management plan.

Multi-Tenant Worksite. A structure, or group
of structures, on one worksite where more than one
employer conducts a business.

Peak Period. In the morning, the peak period
includes the hours from 6:00 a.m. to 10:00 a.m. In
the evening, the peak period includes the hours from
3:00 p.m. to 7:00 p.m.

Peak Period Trip. An employee's commute trip
that begins or ends at the worksite within the peak
period.

Pedestrian Oriented Use. A use which is
intended to encourage walk-in customers and which
generally does not limit the number of customers by
requiring appointments or otherwise excluding the
general public. Such uses may include, but not be
limited to, neighborhood commercial uses, retail
uses, cultural uses, restaurants, cafes, and banks.

Preferential Parking. Parking spaces
designated or assigned for carpool and vanpool
vehicles carrying commute passengers on a regular
basis and are provided at a reduced cost and/or in a
location more convenient to a place of employment
than parking spaces provided for single occupant
vehicles.

Ridesharing. Any mode of transportation other
than a single occupancy vehicle which transports one
or more persons to a worksite.

Satellite Work Center. A worksite other than

10.B.d
Packet Pg. 709 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First the regular worksite which results in a shorter
commute distance for the employee and from which the
employee performs regular work functions.

Telecommuting. A system which allows an
employee to work at home and still be in
communication with the worksite.

Transportation Demand Management ("TDM"). The
implementation of strategies which will encourage
individuals to either change their mode of travel
from a single-occupancy vehicle, reduce trip length,
eliminate the trip altogether, or commute at other
than peak periods.

Transportation Facility Development ("TFD").

Construction of major capital improvements to a
highway or transit system or installation of
operating equipment which includes new construction
of the existing system or construction of a new
system.

Transportation Management Association ("TMA").

A group formed so that employers, employees, and
developers can collectively address community
transportation-related problems. Transportation
Management Associations may be formed to implement
TDM, TSM, and/or TFD strategies in employment
clusters or at multi-tenant worksites. The primary
function of a TMA is to pool resources to implement
solutions to commuter-related congestion problems in
conjunction with the City Transportation
Coordinators. The City may identify employment
clusters or multi-tenant worksites where an employer
organization such as a TMA should be formed.

Transportation System Management ("TSM").

Strategies designed to improve traffic flow through
modifications in or coordination of the operation of
existing facilities.

Trip Reduction. The reduction in single
occupant vehicle trips by private or public sector
programs used during peak periods of commuting.

Vanpool. A van or similar motor vehicle with
a seating capacity of seven or more persons occupied
by four or more employees traveling together to
work.

Vehicle. A passenger car or truck used for
commute purposes including any motorized two wheeled
vehicle. Vehicles shall not include bicycles,
transit vehicles, buses serving multiple worksites,
or vehicles which stop only to load or unload
passengers or materials at a worksite while on route
to other worksite(s).

10.B.d
Packet Pg. 710 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Work Place or Worksite. A building, part of a
building, or grouping of buildings located within
the City which are in actual physical contact or
separated solely by a private or public roadway, and
which are owned or operated by the same employer.

Worksite Transportation Plan ("WTP"). A plan
for implementation of transportation management
strategies which is designed to reduce the impacts
of a particular worksite on traffic and air quality.

Worksite Transportation Plan Appeals Board
("WTP Appeals Board"). The administrative review
body for decisions of the City's Transportation
Management Coordinator. The WTP Appeals Board shall
consist of the Parking and Traffic Engineer, the
Director of the Land Use and Transportation
Management Department, and an at-large member
appointed by the City Council. The Parking and
Traffic Engineer and the Director of the Land Use
and Transportation Management Department may
designate an employee from his or her division or
department as his or her representative.

Worksite Transportation Plan Coordinator. An
employee, tenant, property owner, property manager,
contracted service, or representative of an employer
association, with appropriate training as approved
by the City and the South Coast Air Quality
Management District, whose function is to promote
TMP program activities. The Coordinator does not
have to be on-site at all times; however, all
worksite-related information must be kept at the
worksite. Worksite Transportation Plan Coordinators
shall be responsible for day-to-day implementation
of worksite transportation plans. Worksite
Transportation Plan Coordinators shall prepare and
make available rideshare information, notices,
questionnaires, handouts, computer matches, transit
and bicycle route maps, and shall have a permanent
mailing address, daytime telephone number and
office. Worksite Transportation Plan Coordinators
shall administer incentive programs included within
worksite transportation plans, such as rideshare
matching, vanpool brokerage, bus token or pass
distribution, parking fees, and transportation
allowances. Worksite Transportation Plan
Coordinators shall participate in City-sponsored
training workshops and information roundtables.

SECTION 9223. Applicability.

This Chapter shall apply to employers and
developers as defined above. The City shall not be
exempt from the requirements of this Chapter.

10.B.d
Packet Pg. 711 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First SECTION 9224. Transportation Impact Fee.
(a) Employer Annual Impact Fee. There shall
be an Employer Annual Impact Fee. The purpose of
the Employer Annual Impact Fee is to pay for the
costs of administration and enforcement of this
Chapter. The amount of the employer cost factor
used to calculate the fee shall be established and
from time to time amended by resolution of the City
Council.
(1) Employers shall pay an annual
transportation impact fee calculated using the
following formula: Fee = (Number of Employees) x
(Employee Cost Factor).

For purposes of calculating an employer's
annual impact fee, the definition of employee shall
include those employees who report to work during
the peak periods, including full-time, part-time,
temporary, seasonal, at-home or in-field contractors
of consultants working at a worksite for two months
or more.
(2) The City TMP Office shall begin
notifying employers of required Employer Impact Fees
in accordance with the Employer Worksite Plan
Schedule in Section 9228(a). Employer Impact Fees
shall be due and paid in full with submittal of the
Employer Worksite Plan. The City shall mail notice
of the payment required by this subsection at least
90 calendar days prior to the due date.
(3) Once the Employer Annual Impact Fee
required pursuant to this Section has been paid,
there shall be no refunds.
(4) Employers who demonstrate
attainment of a 1.5 AVR shall receive a 40%
reduction in the Employer Annual Impact Fee for the
following year. Employers who demonstrate
attainment of a 1.5 AVR for two consecutive years
shall receive a 50% reduction in the Employer Annual
Impact Fee for the following year. Employers who
demonstrate attainment of a 1.5 AVR for three
consecutive years shall receive a 60% reduction in
the Employer Annual Impact Fee for the following
year.
(5) Employers who join a TMA certified
by the City shall receive a 25% reduction in the
Employer Annual Impact Fee. Each employer in a TMA
which demonstrates attainment of a 1.5 AVR shall
receive an additional 40% reduction in the Employer
Annual Impact Fee for the following year, for a
total reduction of 65%. Each employer in a TMA
which demonstrates attainment of a 1.5 AVR for two

10.B.d
Packet Pg. 712 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First consecutive years shall receive an additional 50%
reduction in the Employer Annual Impact Fee for the
following year for a total fee reduction of 75%.

Each employer in a TMA which demonstrates attainment
of a 1.5 AVR for three consecutive years shall
receive an additional 60% reduction in the Employer
Annual Impact Fee for the following year, for a
total reduction of 85%. Fees charged by the TMA to
employers for its operation and administrative costs
shall be separate from the City's Employer Impact
Fee.
(6) Employers of 100 or more employees
submitting an approved Regulation XV Plan less than
six months old shall be exempt from the Employer
Annual Impact Fee for the first year.
(b) Developer Impact Fee. The purpose of the
developer impact fee is to defray the cost of
providing transportation facilities and services
associated with new commercial development.
(1) Developers who apply for building
permits for new or expanded development projects in
the City shall mitigate their resultant
transportation by paying a one-time transportation
impact fee. The amount of the fee and manner of
payment shall be established and from time to time
amended by resolution of the City Council.
(2) Fees shall apply to developers who
have not received certificates of occupancy as of
the effective date of this Chapter.
(3) Developers shall pay the required
fee prior to issuance of a building permit.

Developers who have already obtained building
permits must pay the required fee prior to issuance
of a certificate of occupancy.
(4) The following land uses are
encouraged by the City because of their beneficial
impacts and shall receive reductions from the
Developer Impact Fee: supermarkets and pedestrian-
oriented uses on the ground floor of a multi-story
building. Both the Impact Fee and the reduction
shall be established by resolution.
(5) Refunds of the Developer Impact Fee
shall be made upon the filing of a request for
refund within six (6) months of expiration of a
building permit upon verification that construction
of the improvements for which the permit was issued
have not commenced and no extensions of the building
permit have been granted. No interest shall be paid
on any refunded fee.

10.B.d
Packet Pg. 713 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First SECTION 9225. Deposit and Use of Fees.
(a) Employer Impact Fees collected pursuant
to Section 9224(a) shall be deposited in an account
separate from the General Fund and shall be
allocated to TMP office administration and the
development and operation of TMAs.
(b) Developer Impact Fees collected pursuant
to Section 9224(b) shall be deposited into an
account separate from the General Fund and shall be
allocated to the following uses:
(1) Transportation demand management
(TDM) improvements.
(2) Transportation system management
(TSM) improvements.
(3) Transportation facility development
(TFD).
(4) Public transit improvements.

SECTION 9226. Contents of Worksite
Transportation Plans. Employers and developers
shall prepare, implement, and monitor Worksite
Transportation Plans for transportation demand
management (TDM), transportation system management
(TSM), and transportation facility development
(TFD), which Worksite Transportation Plans shall
reduce traffic and environmental impacts of their
sites in the City. The Worksite Transportation Plan
shall be in a form approved by the City's
Transportation Management Coordinator.
(a) The Worksite Transportation Plan shall
include some or all of the following mitigation
measures:
(1) Education and Marketing: Hire and
fund an in-house Transportation Management
Coordinator; participate in a TMA if available or
required.
(2) Parking Management: Charge or
increase employee parking fees; establish
preferential carpool and vanpool parking.
(3) Ridesharing: Conduct or
participate in Rideshare Matching Program; broker
vanpools; provide carpool, vanpool, and buspool
subsidies.
(4) Transit: Provide transit tokens or
pass subsidies; dedicate land, if required or
approved by the City, for light rail right-of-way,

10.B.d
Packet Pg. 714 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First park
-n-ride lots, transit stops, or bus bays;
operate or fund shuttle bus operations; install and
maintain bus shelter(s), if required or approved by
the City.
(5) Bicycling: Provide secure bicycle
storage facilities; provide showers and lockers;
develop or fund City-approved bicycle paths.
(6) Alternative Work Schedules:

Implement 4/40 work weeks; implement 9/80 work
weeks; establish telecommuting program.
(7) Trip Length Reduction: Conduct
outreach in order to facilitate hiring to increase
proportion of employees living within three miles
radius of worksite.
(8) Other Measures Approved by the
City's Transportation Management Coordinator.
(b) The Worksite Transportation Plan shall
consist of a report that:
(1) Calculates AVR levels for morning
and afternoon peak periods.
(2) Describes the plan incentives to be
offered.
(3) Determines the number and
percentage of the project population that
participates in rideshare activities, by mode, and
estimates these statistics for the upcoming plan
year.
(4) Determines the use of Code-required
on-site parking facilities (i.e., number of spaces
for visitors, single occupant vehicles, carpools,
vanpools, etc.) and estimates use for the upcoming
year.
(5) Determines the use of off-site
parking and estimates use for the upcoming year.
(6) Determines the current number of
transit tokens/passes sold to project employees at
full or discounted prices and the estimated number
to be sold in the upcoming plan year.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute and
estimates these numbers for the upcoming year.
(8) Determines the number of employees
who bicycle or walk to work and the number of

10.B.d
Packet Pg. 715 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First bicycle racks, lockers, and shower/locker facilities
on-site and estimates these statistics for the
upcoming year.
(9) Determines the physical condition
of project-related TSM capital improvements.
(10) Determines the number of morning
and evening peak period vehicle trips to and from
site.
(11) Identifies and evaluates
objectives of the plan and provides an explanation
of why the plan is likely to achieve the AVR target
levels.
(12) Names the designated person or
trained Worksite Transportation Coordinator for each
site who is responsible for the preparation,
implementation, and monitoring of the plan.
(13) Includes an employee survey which
is not more than six months old, or other mechanism
approved by the Parking and Traffic Engineer. This
survey must be taken over five consecutive workdays
(Monday through Friday). This survey must have a
minimum response rate of 75% of employees who report
to work between 6:00 a.m. and 10:00 a.m. inclusive
Monday through Friday, and 75% of employees who
report to work or leave work between 3:00 p.m. and
7:00 p.m. inclusive Monday through Friday.
(14) Includes a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter signed by the highest ranking official
on site.
(17) Describes the general type of
business and any unique aspects, such as seasonal
fluctuations in the number of employees and/or any
business cycles.

SECTION 9227. Employer Worksite
Transportation Plans.
(a) All employers of 10 or more employees
shall be required to submit a Worksite
Transportation Plan to the City in accordance with
the procedures set forth in Section 9228.

10.B.d
Packet Pg. 716 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First (b) Employers of 10
-49 employees shall
identify measures in their Worksite Transportation
Plan to be made available to their employees which
are expected to reduce the number of single-occupant
vehicle commute trips to their worksite. At a
minimum, the following information must be made
available to each employee:
(1) Carpooling/vanpooling information,
including information about the services provided by
the regional ridesharing agency and their phone
number.
(2) Bus schedules and token/pass
purchase information.
(3) Information on air pollution and
options to driving to work alone.
(4) Bicycle route and facility
information, including regional/local bicycle maps,
locations of nearest bicycle locker storage
facilities, and bicycle safety information.
(5) Information on walking to work,
pedestrian safety and walking shoe information.
(c) Employers of 50 or more employees shall
identify measures in their Worksite Transportation
Plan which will result in a worksite AVR of at least

1.50 during a.m. and p.m. peak periods through
measures specified in Section 9226.
(d) Employers of 50 or more employees shall
designate a worksite Transportation Plan Coordinator
for the worksite in the Worksite Transportation
Plan.
(e) Employers at multiple worksites that are
located within close geographic proximity of each
other and Employers at multi-tenant worksites where
more than fifty (50) employees are employed in the
aggregate may voluntarily form a Transportation
Management Association ("TMA") and shall do so
within thirty (30) days of notification if the
City's Transportation Management Coordinator so
requires. For purposes of determining whether more
than fifty (50) employees are employed at a
multi-tenant worksite, employees who are employed by
an employer with fewer than ten employees shall not
be counted. The TMA may submit a Worksite
Transportation Plan as described in Section 9229,
which plan, upon execution of the CCRs or other
appropriate documents identified herein, shall serve
as the individual employer's Worksite Transportation
Plan.

10.B.d
Packet Pg. 717 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First (f) Upon the Parking and Traffic Engineer's
approval of a written request, an employer may
submit a single Worksite Transportation Plan
encompassing all worksites subject to the
requirements of this Chapter if the worksites are
within one-half mile of each other.
(g) All employer Worksite Transportation
Plans shall be consistent with any plans previously
submitted by the developer of the property at which
the worksite is located.

SECTION 9228. Procedures for Submission of
Employer Worksite Plans.
(a) The City TMP Office shall begin sending
written notice by certified mail to employers in
accordance with the following schedule:

November 1, 1991 Employers who employ
and November 1 of 100 or more employees
every year thereafter or plans submitted by
a TMA representing
100 or more employees
November 1, 1992 Employers who employ
and November 1 of 50-99 or more employees
every year thereafter or plans submitted by
a TMA reprsenting 50-99
employees
November 1, 1993 Employers who
and November 1 of employ 10-49
every year thereafter employees.

Each employer shall submit to the City's
Transportation Management Coordinator a Worksite
Transportation Plan within 90 calendar days after
the receipt of the notice. For employers of 100 or
more employees, an approved Regulation XV Plan less
than six months old may be submitted as the Worksite
Transportation Plan. In the event that the employer
reasonably needs more time to submit a Worksite
Transportation Plan, the employer may file a written
request for an extension with the City's
Transportation Management Coordinator. All requests
must be received by the City TMP Office no later
than 75 calendar days after notification by the
City. The City's Transportation Management
Coordinator shall notify the employer whether or not
the extension has been granted within 15 days of
receipt of a written request for extension. In no
event shall the submission date be extended for more
than 60 days from the initial submission date.
(b) After the employer submits the Worksite
Transportation Plan, the City's Transportation

10.B.d
Packet Pg. 718 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Management Coordinator must either approve or
disapprove the plan within 120 days. Notice of
approval or disapproval shall be given by registered
or certified mail. If the Worksite Transportation
Plan is disapproved, the reasons for disapproval
shall be given in writing to the employer. Any plan
disapproved by the City's Transportation Management
Coordinator must be revised by the employer and
resubmitted to the City's Transportation Management
Coordinator within 30 days of the notice of
disapproval.
(c) An approved employer plan may be revised
by submitting a plan revision. The revision shall
not be effective until approved by the City's
Transportation Management Coordinator.
(d) No employer of 100 or more employees
shall be responsible for complying with this Chapter
until such time as the City and SCAQMD execute an an
agreement which provides an exemption to those
employers from the requirements of filing a
Regulation XV plan with the SCAQMD. If at any time
the City fails to meet its obligations under the
executed agreement, employers of 100 or more
employees in the City shall be released from this
Chapter and shall be subject to compliance with
SCAQMD Regulation XV requirements.
(e) It is the responsibility of all employers
of 100 or more employees to submit to the City their
Worksite Transportation Plan by November 1, 1992,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(f) It is the responsibility of all employers
of 50-99 employees to submit to the City their
Worksite Transportation Plan by November 1, 1993,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(g) It is the responsibility of all employers
of 10-49 employees to submit to the City their
Worksite Transportation Plan by November 1, 1994,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(h) It is the responsibility of all employers
subject to this Ordinance to submit an updated
Worksite Transportation Plan to the City annually on
the anniversary date of the most recent Worksite
Transportation Plan approval by the City.

SECTION 9229. Transportation Management

10.B.d
Packet Pg. 719 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Associations (TMA's).
(a) Transportation Management Associations
are groups formed so that employers, employees,
developers, and building owners can collectively
address community and worksite transportation-
related problems. Transportation Management
Associations may be formed to implement TDM, TSM
and/or TFD strategies in employment clusters or at
multi-tenant worksites. The primary function of a
TMA is to pool resources to implement solutions to
commuter-related congestion problems in conjunction
with the City Transportation Coordinators.
(b) The City will certify TMA's that submit a
first year work plan which outlines the following:
(1) A mission statement which describes
the reasons for the association's existence and the
overriding goals of the TMA.
(2) Goals and objectives for the first
year which target achievement of the mission
statement. Specific activities and tasks shall be
listed to show how the members will be served by the
TMA and how the TMA will help meet the area and
regional transportation and air quality goals.
(3) A plan for a baseline survey of
commuters and employers in the area to establish
existing commuter characteristics and attitudes of
commuters toward traffic and the use of commute
alternatives. The employer survey shall obtain a
descriptive profile of existing programs and
employer attitudes toward developing new programs.
(4) The services to be provided by the
TMA to its members, including the commute
alternatives to be provided and promoted, the
advocacy and marketing activities planned, and the
role of the TMA staff in providing the services.
(5) A marketing plan which creates an
identity for the TMA and which describes how the
TMA's planned services will be marketed to member
employers and their employees.
(6) A monitoring and evaluation plan
which will be used to measure progress against goals
and objectives, including results of the TMA's
activities with each member. This plan will be used
to provide annual reporting information to the City.
(7) A budget which details how the work
of the TMA will be accomplished, including details
of public and private financing and expenditures.

10.B.d
Packet Pg. 720 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First (c) The TMA must provide an annual report to
the City to become re-certified yearly. The annual
report shall include the same elements as the first
year plan with the following exceptions:
(1) The mission statement shall be
restated based on changes in the goals and
objectives of the TMA, if any.
(2) The goals and objectives shall be
updated to reflect progress and changes in the TMA
services.
(3) The baseline survey need not be
repeated, however, the annual report shall include
follow-up monitoring and evaluation activities
related to the baseline survey.
(4) The evaluation and results shall be
discussed and used to described the next year's
planned activities.
(d) A TMA may submit a Worksite
Transportation Plan, which plan, upon execution of
CC&R's or other appropriate mechanism, shall serve
as each member's individual employer Worksite
Transportation Plan. No additional plan shall be
required of such employers, however, the TMA plan
must include the required data for each employer
covered by the plan. The TMA will be responsible
for complying with the same requirements of a single
employer of 50 or more employees. The TMA will be
responsible for collecting the employer Annual
Impact Fee from each employer and submitting the
aggregate fee to the City upon submission of the
TMA's plan.

Each employer participating in the TMA plan
shall, after review and approval by the City,
execute covenants, conditions, and restrictions
("CC&R's") or similar legal instrument setting forth
the obligations of each member of the TMA. Each
member of the TMA shall be jointly and severally
liable for any violations of this Chapter by the
TMA. Should any employer not comply with the TMA's
Worksite Transportation Plan, the TMA would have the
ability to remove the employer from the TMA, whereby
the employer would then be required to act as an
individual employer and submit its own Worksite
Transportation Plan to the City under the
requirements of Sections 9226 and 9227.

SECTION 9230. Developer Worksite
Transportation Plans. Developers of non-residential
projects which will result in ten (10) or more peak
period trips shall submit a Worksite Transportation
Plan to the City for implementation of selected

10.B.d
Packet Pg. 721 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First measures from Section 9226 at their development site
in accordance with the procedures set forth in
Section 9231.

SECTION 9231. Procedure for Submission of
Developer Plans.
(a) Developers of non-residential projects
which will generate 10 or more p.m. peak period
trips who apply for building permits for new or
expanded development projects in the City shall be
required to submit a Worksite Transportation Plan
meeting the requirements of this Chapter at the time
of application for the project's first planning
approval. The City's Transportation Management
Coordinator shall approve or disapprove the plan
within thirty (30) days of project approval by the
Planning Division or the City Council, when a
Planning Division approval is appealed. Notice of
approval or disapproval shall be given by registered
or certified mail. If the plan is disapproved, the
reasons for disapproval shall be given in writing to
the developer. Any plan disapproved by the City's
Transportation Management Coordinator must be
revised by the developer and resubmitted to the
City's Transportation Management Coordinator within
30 days of the notice of disapproval.
(b) Developer Worksite Transportation Plans
shall include those items listed in Section 9226
which relate to facility improvements that the
developers may implement. Examples of developer
plan elements include preferential parking areas,
bicycle storage lockers, showers and lockers, and
transit bays.
(c) An approved worksite transportation plan
shall be required prior to issuance of a building
permit.
(d) Developers shall not be required to
update approved transportation management plans.

However, compliance with such plans shall be
accomplished by the requirement set forth in Section
9227 that employer worksite plans be consistent with
developer plans for the worksite, unless the
Transportation Management Coordinator approves
alternative plan components.
(e) A developer may amend a Worksite
Transportation Plan subsequent to approval of such
plan by submitting a plan revision. A subsequent
owner may amend a plan in the same manner. The
amended plan shall not be effective until approved
by the City's Transportation Management Coordinator.

SECTION 9232. Transportation Mitigation

10.B.d
Packet Pg. 722 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Monitoring.
(a) Annual Report and Plan Update. Ongoing
monitoring of an approved Worksite Transportation
Plan shall be conducted by the employer using
standardized forms approved by the City in order to
monitor progress in achieving transportation
mitigation goals. An annual report shall be
submitted twelve (12) months from the date of the
initial plan approval date. The City shall notify
the employer of the submittal deadlines for the
review and update. The annual report shall focus on
ridesharing and trip-reduction incentives offered by
the employer. The review and update shall consist
of a report that:
(1) Calculates AVR levels attained
under the approved plan.
(2) Verifies that the plan incentives
have been offered.
(3) Determines the number and
percentage of the project population that
participated in rideshare activities, by mode, since
the last reporting date.
(4) Determines the use of Code-required
on-site parking facilities (i.e., number of spaces
for visitors, single occupant vehicles, carpools,
vanpools, etc.) and the progress made since the last
reporting date.
(5) Determines the use of off-site
parking to achieve rideshare and transit objectives
since the last reporting date.
(6) Determines the number of transit
tokens/passes sold to project employees at full or
discounted prices since the last reporting date.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute.
(8) Determines the number of bicyclists
and the number of bicycle racks and lockers
installed since the last reporting date.
(9) Determines the physical condition
of project-related TSM capital improvements.
(10) Determines morning and evening peak
period vehicle trips to and from site.
(11) Identifies and evaluates objectives
of the plan that did or did not work and provides an

10.B.d
Packet Pg. 723 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First explanation of why the revised plan is likely to
achieve the AVR target levels, listing additional
incentives which can reasonably be expected to
correct deficiencies.
(12) Provides the name of the
designated person or trained Worksite Transportation
Coordinator at each site responsible for the
preparation, implementation, and monitoring of the
plan.
(13) Includes an employee survey which
is not more than six months old, or other mechanism
approved by the Parking and Traffic Engineer. This
survey must be taken over five consecutive workdays
(Monday through Friday). This survey must have a
minimum response rate of 75% of employees who report
to work between 6:00 a.m. and 10:00 a.m. inclusive
Monday through Friday, and 75% of employees who
report to work or leave work between 3:00 p.m. and
7:00 p.m. inclusive Monday through Friday.
(14) Provides a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter signed by the highest ranking official
on site.
(17) Provides a description of the
general type of business and any unique aspects,
such as seasonal fluctuations in the number of
employees and/or any business cycles.
(18) Includes updates and revisions to
the Worksite Transportation Plan as the City's
Transportation Management Coordinator deems
appropriate, if the annual report indicates that the
goals of the previously approved Worksite
Transportation Plan have not been met.
(b) City Audit. The City shall perform
follow-up audits on a selective basis. Employers
shall receive at least ten (10) days notice of such
an audit. An audit may include, but shall not be
limited to, an on-site inspection and a
demonstration that an employer is performing the
ongoing monitoring required by this Section.

SECTION 9233. Enforcement.
(a) Violations of This Chapter.

10.B.d
Packet Pg. 724 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First (1) No business license shall be
renewed if an employer has not paid the fee required
by this Chapter.
(2) Failure to submit an initial plan,
annual report and plan update, or mandatory plan
revisions, or failure to implement provisions of an
approved plan, is a violation of this Chapter.
(3) Each day that a developer or
employer violates the provisions of this Chapter or
the terms and conditions of any approved worksite
transportation plan shall constitute a separate
violation.
(b) Enforcement Actions. In addition to any
other remedy provided for by law, the City may take
the following actions for violation of this Chapter
or of the terms and conditions of any approved
Worksite Transportation Plan:
(1) Require the addition of elements to
a work or development site plan submitted by an
employer or developer.
(2) Transfer authority for plan
implementation from an employer or developer to the
City.
(3) Institute proceedings to revoke any
approval of a worksite transportation plan.
(4) Revoke the business license held by
any violator, following the procedures set forth in
Section 9150.6 of the Municipal Code.
(5) Impose an enforcement fee as
provided for in Section 9232C.
(6) Request that the City Attorney take
appropriate enforcement action. Referral by the
City's Transportation Management Coordinator is not
a condition precedent to any enforcement action by
the City Attorney.
(7) For violators with 100 or more
employees, refer the matter to the South Coast Air
Quality Management District ("SCAQMD"), for
appropriate action under Article 3, Chapter 4, Part
4 of Division 26 of the Health and Safety Code.
(c) Enforcement Fees.
(1) An enforcement fee shall be paid to
the City by each person who has violated the
provisions of this Chapter or the terms and

10.B.d
Packet Pg. 725 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First conditions of any Worksite Transportation Plan. The
purpose of this fee is to recover the costs of
enforcement from any person who violates the
provisions of this Chapter or any permit or
approval.
(2) Fees shall be assessed as follows:
(a) For the first violation
during a calendar year, there shall be no fee. The
City's Transportation Management Coordinator shall,
however, cause a warning notice to be mailed to the
violator.
(b) For the second violation
during the calendar year, the fee shall be Five
Dollars ($5.00) per employee per day.
(3) The City's Transportation
Management Coordinator shall cause to be issued a
notice imposing enforcement fees under this Section.

The notice shall provide that the fee shall be due
and payable within fifteen (15) days from the date
of the notice. A penalty of ten percent (10%) per
month shall be added to any fees that have not been
paid when due.
(4) Any person upon whom fees have been
imposed pursuant to this Section may appeal the
action in accordance with the following procedure:
(a) A notice of appeal shall be
filed with the City's Transportation Management
Coordinator within ten (10) days of the date of the
notice.
(b) At the time of filing the
notice of appeal, the appellant shall deposit with
the City Treasurer money in the amount of all fees
due. If, as a result of the hearing, it is
determined that the City is not entitled to all or a
portion of the money, the City shall refund to the
person all or a portion of the money deposited.
(c) The Worksite Transportation
Plan Appeals Board ("WTP Appeals Board") shall hold
a hearing on the appeal within forty-five (45) days
of the date of filing of the appeal. The City shall
give the appellant at least five (5) days notice of
the time and place of the hearing. The WTP Appeals
Board shall render a decision within fifteen (15)
days of the date of the hearing. The purpose of the
hearing shall be limited to whether or not the
violation occurred.
(d) The WTP Appeals Board shall
uphold an appeal of an enforcement fee under this

10.B.d
Packet Pg. 726 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Section in only one of the following circumstances:

1. An error has been made
in calculating the enforcement fee.

2. The person is found not
to have been violating the provisions of this
Chapter or the terms and conditions of the Worksite
Transportation Plan.
(e) The decision of the WTP
Appeals Board shall be final except for judicial
review and there shall be no appeal to the City
Council.
(f) Any notice issued pursuant to
this Section shall set forth the appeal rights as
provided for in this subsection.
(g) Any notice of revocation
issued pursuant to this Section shall be final upon
the expiration of the appeal period if no appeal is
timely filed or upon the decision of the WTP Appeals
Board.

SECTION 9234. Administrative Appeals.
(a) Disapproval of a Worksite Transportation
Plan by the City's Transportation Management
Coordinator, including a revision of such a plan,
may be appealed to the Worksite Transportation Plan
Appeals Board.
(b) An appeal of an action by the City's
Transportation Management Coordinator shall be filed
with the City's Parking and Traffic Division within
ten (10) consecutive calendar days following the
date of action from which an appeal is taken. If no
appeal is timely filed, the action by the City's
Transportation Management Coordinator shall be
final.
(c) A hearing on an appeal shall be scheduled
within sixty (60) days of the date of filing of an
appeal. Notice of an appeal hearing shall be mailed
to the appellant not less than ten (10) consecutive
calendar days prior to the hearing scheduled before
the Worksite Transportation Appeals Board.
(d) A written decision on an appeal shall be
issued thirty (30) days from the date of hearing.
(e) An action of the City's Transportation
Management Coordinator that is appealed to the
Worksite Transportation Plan Appeals Board shall not
become effective unless and until approved by the
Worksite Transportation Appeals Board.

10.B.d
Packet Pg. 727 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First (f) A decision of the WTP Appeals Board on a
Worksite Transportation Plan shall be final except
for judicial review and there shall be no appeal to
the City Council.

SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption.

APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney

10.B.d
Packet Pg. 728 Attachment: August 13, 1991 Recommendation to Approve the Proposed Transportation Management Plan (TMP) Staff Report (5845 : First Planning Commission Report
1 Planning Commission Meeting: June 5, 2013
Originally Scheduled for May 1, 2013
Agenda Item: 8-A
To: Planning Commission
From: Jory Phillips, Deputy Director – Special Projects Subject: Zoning Ordinance Update: Transportation Demand Management Introduction
The City of Santa Monica’s Transportation Demand Management program is an important component in implementing the Land Use and Circulation Element’s policies to proactively manage congestion and to achieve no net new PM-peak hour trips by 2030. The City currently administers a wide-reaching Transportation Demand Management (TDM) program to reduce vehicle trips and address air quality. However, LUCE mandates an even broader reach with more impact.

TDM measures range from providing information about options such as carpooling, carsharing, and vanpooling; to requiring facilities to accommodate alternatives such as bicycles and transit; to providing incentives such as transit passes and parking ―cashout‖; to meeting specific targets such as Average Vehicle Ridership (AVR) or trip counts. These tools to minimize single occupancy vehicle trips can be implemented by employers or by developers/ building owners individually and can also be implemented as part of a larger area administered or augmented by a Transportation Management Organization (TMO) or Association (TMA).

This report includes background information on TDM, including an overview of the City’s existing TDM programs that implement state and local agency requirements and existing TDM thresholds. It also summarizes LUCE TDM goals and policies, briefly discusses the recommendations found in the attached consultant report, and re-poses the questions also found in the consultant report, Attachment A.

The TDM recommendations summarized below and described in the attached report include:

Revising and defining requirements for buildings (developers) and businesses (tenants or employers);
Incorporating requirements for residential and mixed-use development;

10.B.e
Packet Pg. 729 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 2 Revising thresholds for employers, revising square footage thresholds for nonresidential development, and establishing residential unit TDM thresholds; Setting higher Average Vehicle Ridership (AVR) targets based on size and location of projects.

Background
LUCE Goals, Objectives, Policies
LUCE Goal T19 seeks to limit total peak period vehicle trips with a Santa Monica origin or destination to 2009 levels. A number of LUCE policies and actions support this aggressive goal (see attachment B, the portion of the LUCE circulation chapter pertaining to TDM); several of the goals most pertinent to this effort are:

Policy T19.2: Impose appropriate Transportation Demand Management (TDM) requirements for new development;
Policy T19.9: Strengthen the Transportation Management Ordinance to further reduce trips generated by existing employees;
Policy T20.6: Foster the success of Transportation Management Organizations (TMOs) in the City’s commercial districts, and leverage transportation funds through the TMOs; and
PolicyT21.1: Regularly update the TDM requirements for new development.

Recognizing different levels of demand and automobile use, the LUCE includes Demand Management Districts (DMDs) among the tools to establish goals for vehicle use (see page 4.0-59 in Attachment B). The DMDs call for monitoring and enforcing vehicle use at different levels, based on location. For instance, downtown would have the highest goal for producing the lowest vehicle trips, as would locations in the immediate vicinity of future light rail stations and high capacity transit stops. Areas along the boulevards, which are better served by transit, would have a higher standard applied than the rest of the city, where base requirements would apply.

The City’s Current Programs:

Chapter 9.16 of the Municipal Code, Transportation Management, includes employer trip reduction regulations. These provisions were adopted in 1991 to address the City and regional goals of minimizing peak hour automobile commute trips—consequently reducing traffic and emissions—and ensuring City compliance with the South Coast Air Quality Management District (SCAQMD) Rule 2202. Currently the Transportation Management chapter accomplishes this by targeting the commute patterns during morning and afternoon peak hours. Approximately 758 employers, employing over 40,000 employees throughout the City, are covered by the chapter.

10.B.e
Packet Pg. 730 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 3 The Transportation Management regulations differ for small and large employers.

Employers with 10 to 49 employees (small employers) participate by making employees aware of different commute options and providing information specific to the worksite to encourage employees to change their commute if they are driving alone. These employers submit an annual plan that outlines the type of ridesharing information provided to employees and how that information was distributed to employees (bulletin board, company newsletter, e-mail, flyers, information on company internal webpage, etc.). There are currently 598 regulated employers in this category, employing 13,483 employees.

Large employers with 50 or more employees are required to implement an emission reduction plan. There are currently 160 regulated large employers employing 26,635 employees in the City. Large employers must meet established emission reduction goals and conduct annual surveys of employees to determine if they have achieved the established emission reduction goal. The emission reduction goal established by the SCAQMD for Santa Monica is a 1.5 Average Vehicle Ridership per employer. By California State Law, the City must provide employers with at least two options to reach their emission reduction goal.

Option 1: Mobile Source Emission Reduction Credits (MSERC). An employer may purchase MSERCs to meet their emission reduction goal. If an employer’s annual survey of employee commute trips shows that they do not meet the AVR target of 1.5, the employer may purchase MSERCs from a licensed broker to bridge the gap between the actual AVR and the Target AVR. Currently, 31 of the 160 regulated large employers participate in the MSERC program.

Option 2: Employee Trip Reduction Plan. An employer may implement a trip reduction plan designed to reduce the number of drive alone trips among their employees by offering marketing programs and incentives to encourage employees to carpool, vanpool, walk, bike, take transit, telecommute, etc. rather than driving alone. The majority of Santa Monica’s large employers, 129 of the 160 regulated large employers, choose to implement Employee Trip Reduction Plans.

Administration Fee
Under the current provisions, all employers with ten or more employees are also subject to a per-employee annual transportation fee of $16.35 per employee for small employers and $12.23 per employee for large employers. The fee currently covers the costs of administration and enforcement of the employer trip reduction ordinance. This fee is proposed for updating as a part of the FY13-15 budget adoption process.

10.B.e
Packet Pg. 731 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 4 Employer Average Vehicle Ridership
Employer Average Vehicle Ridership (AVR) is calculated by dividing the number of persons traveling to a worksite by the number of private vehicles traveling to that worksite. In Santa Monica employers are asked to calculate AVR for the morning peak period (6:00 a.m.-10:00 a.m.) and afternoon peak period (3:00 p.m.-7:00 p.m.) during a typical five-day work week. To achieve the AVR employer target of 1.5, 33 out of 100 employees would need to ridershare.
100 employees = 1.5 AVR
66 vehicles
Currently sixty percent of the City’s large employers have met their goal, achieving an AVR Target of 1.5 or better for both the morning and afternoon peak hours.

Monitoring and Enforcement
Small employers are required to submit plans to the City annually along with their transportation fees. These plans are subject to City review and audit. There are currently no survey requirements or AVR targets for small employers. Large employers must submit more detailed plans that include annual commute survey data, a description of the incentives or marketing strategies they provide, verification of MSERC purchase (if an employer chooses that option), and payment of the annual transportation fees. Plans are reviewed by City staff for accuracy and effectiveness.

Small and large employers who do not submit their plans are subject to violation fines.

Per state law, large employers implementing an Employee Trip Reduction Plan are not penalized for failure to meet their AVR Target. However, large employers are incentivized to meet and maintain their AVR Target through the provision of significant Employer Transportation Fee discounts (up to a 60% reduction in the fees per employee).

Developer Trip Reduction
Chapter 9.16 of the Municipal Code also implements the Los Angeles County Metropolitan Transportation Authority’s (Metro) Congestion Management Program (CMP) requirements. The CMP is intended to link land use decisions with transportation impacts. Metro requires the City to submit an annual CMP Local Development Report after City Council holds a public hearing and certifies that the City complies with Metro’s CMP program requirements. The City must also conduct biennial traffic counts for selected arterial intersections on Metro’s CMP Network and analyze the impacts of new development on the CMP system as part of the environmental review process.

Conformance with the CMP is required in order for the City to maintain its eligibility for state and federal funding for transportation projects and a portion of its allocated State gas tax funds authorized under Section 2105 of the State Streets and Highways Code.

10.B.e
Packet Pg. 732 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 5 A subset of the CMP focuses on TDM and requires the incorporation of ―TDM friendly‖ development standards into the project design, such as pedestrian orientation and carpool/vanpool parking, and giving future tenants the ability to more effectively implement TDM programs. The applicable development standards are triggered when a new project exceeds established gross square footage thresholds. The requirements are currently implemented through the City’s development standards and Development Agreement negotiations.

Draft Recommendations
To strengthen the TDM ordinance, the following changes are recommended:

Revising thresholds for employers, revising square footage thresholds for nonresidential development, and establishing residential unit TDM thresholds; Revising and defining requirements for buildings (developers) and businesses (tenants or employers);
Incorporating requirements for residential and mixed-use development; Setting higher Average Vehicle Ridership (AVR) targets based on size and location of projects.

The recommended changes would result in provisions that exceed those that the City is required to implement to meet the CMP and SCAQMD requirements discussed in the previous sections.

Proposed Thresholds
Staff proposes to establish the following TDM thresholds, above which base measures would apply:

All public and private employers, including the City of Santa Monica, that have a permanent place of business in the City and ten or more employees; Multi-family residential projects with 10 or more units; Mixed-use projects with 10 more residential units or 7,500 square feet or more of non-residential development;
Non-residential projects with 7,500 square feet of gross floor area or more; and Any property or business owner proposing a change in the use of non-residential property that would result in or accommodate an increase in the number of average daily trips by 10 percent or more or would increase the floor area of an existing building with at least 7,500 square feet of floor area by 10 percent or more.

10.B.e
Packet Pg. 733 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 6 Proposed Developer TDM Requirements
Measures proposed as standards in the Ordinance are based on gross floor area and are listed in the chart in Appendix A to the consultant report (Attachment A). Appendix A also shows how Transportation Demand Management Districts (DMDs) identified in the LUCE would be implemented: applicable projects in higher- or highest-goal areas would provide the measures with boxes checked in that column. Base requirements would vary depending on the size of the project.

In addition to stipulating AVR goals that vary by DMD location, the updated Ordinance would require new development to comply with specific standards for providing bicycle parking, preferential parking for car and van pools, subsidized transit, guaranteed ride home and other trip reduction measures depending on project size. The current Ordinance requires applicable new non-residential development to submit ―emission reduction plans‖ designed to achieve AVR goals. Measures can primarily be selected by individual developers and employers.

Proposed Employer TDM Requirements
Employers will continue to prepare and implement plans (called trip reduction plans rather than emission reduction plans) to comply with SCAQM requirements and will participate in standards set for buildings as part of a project approval. The requirements for employers will continue to be tied to the number of employees.

The LUCE does not specifically propose to require TDM for residential uses, but some measures can be applied to new residential development to help reduce vehicle trips.

The proposed TDM requirements for residential projects vary depending on project size and DMD location. Developers of residential projects subject to the TDM requirements would have to incorporate TDM measures in a tentative map or development plan application and be required to notify future buyers and tenants of the features provided as a condition of approval. In addition to designing projects to provide easy pedestrian and bicycle access, developers would have to accommodate features such as secure bicycle parking, reserved spaces for car sharing, kiosks or bulletin boards offering

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Packet Pg. 734 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 7 information about trip reduction programs, and, depending on project size, may also have to install bus turnouts, shelters or bus stops.

Questions for the Planning Commission

2. The proposed regulations would extend developer TDM requirements to apply to residential and mixed-use development. Is a 10-unit threshold appropriate?

3. The proposed TDM requirements would apply to changes to the use of nonresidential property that would result in or accommodate an increase in the number of average daily trips by 10 percent or more and additions that would increase the floor area of an existing building with at least 7,500 square feet of floor area by 10 percent or more. Are these thresholds appropriate triggers? Should the City also enact requirements to ensure that TDM programs continue to apply when there is a change of occupancy or use that does not require discretionary zoning approval? Attachments
A. Dyett & Bhatia TDM Report
B. LUCE TDM goals and policies

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Packet Pg. 735 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 8 ATTACHMENT A
Dyett & Bhatia TDM Report
Zoning Ordinance Update

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Packet Pg. 736 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
Transportation Demand Management:

Issues and Recommendations
Prepared for
The City of Santa Monica
By
Revised April 2013

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Packet Pg. 738 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
3 Contents
Introduction and Overview...................................................................................... 4 Discussion and Key Policy Questions..................................................................... 5 Regional Requirements................................................................................................................................ 5 LUCE Framework........................................................................................................................................ 6 Santa Monica’s Existing TDM Regulations............................................................................................. 7 PROPOSED TDM Regulations................................................................................................................ 8 Key Policy Questions................................................................................................................................... 9 Proposed Transportation Demand Management Regulations..............................11 Appendix A: Proposed Trip Reduction Measures by DMD and Project Size.......19

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Packet Pg. 739 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
4 Introduction and Overview
This paper discusses approaches to revising the provisions in Chapter 9.16, Transportation Demand Management (TDM), to implement the LUCE’s policies and proposals for managing traffic congestion and associated impacts on the environment and the quality of life in Santa Monica by sharply reducing single occupancy vehicle trips. Changes from the version the Planning Commission received in January include additional detail regarding the proposed wording of the Transportation Demand Management regulations and revisions to Appendix A to clarify applicability of proposed TDM measures. The existing requirements, which the City adopted in 1991 and substantially revised in 1996, are intended to comply with requirements of the South Coast Air Quality Management District and Los Angeles County Metropolitan Transportation Authority’s Congestion Management Program. The proposed revisions are a major component of the City’s strategy for achieving the LUCE’s goal of No Net New Evening Peak Period Vehicle Trips by 2030.

The purposes of revising TDM regulations include:

1. Implementing LUCE Goals and Policies

2. Clearly separating requirements for employers and developments

3. Developing more specific thresholds for new development requirements

4. Requiring additional TDM improvements above and beyond Metro CMP requirements for various thresholds

5. Including residential developments.

6. Clarifying provisions for monitoring, reporting, and enforcement for developments.

7. Removing references to Emission Reduction plans.

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5 Discussion and Key Policy Questions
The transportation sector is the largest source of emissions in California, contributing up to 36 percent of all statewide Greenhouse Gases (GHG) emissions. Because the distribution of land uses has a major effect on Vehicle Miles Traveled (VMT), land use decisions also affect the proportion of GHG emissions generated by the transportation sector. VMT can, therefore, be translated into tailpipe emissions per mile traveled.

Transportation emissions constitute about 40 percent of all GHG emissions in Santa Monica and, of that, about three quarters come from passenger vehicles. Even though Santa Monica’s per capita emission rates are already about half that of more auto-dependent places in Southern California (LUCE p. 4.0-4), the LUCE creates a framework to achieve further reductions in GHG emissions through a variety of measures including programs and regulations that can reduce trips by managing transportation demand.

Transportation Demand Management (TDM) is the term given to a variety of measures that encourage people to change their mode or time of travel, with requirements or incentives to utilize alternatives to the single occupant vehicle to manage congestion and reduce GHG. TDM strategies are one of the most effective ways to accommodate change in an environmentally sensitive manner. Although it is impossible to eliminate congestion entirely in Santa Monica, especially near popular destinations, the City can promote additional changes that would improve the city’s livability. The effectiveness in reducing auto trips and traffic congestion ultimately depends on the alternatives available and choices made by individuals. If people decide to drive (instead of biking, walking, or using public transit) to a site with limited parking, they will end up increasing local congestion in their search for scarce available spaces. Unlimited free or subsidized parking will also increase congestion by encouraging people to drive if it is the easiest option compared to other choices. It is crucial to have a holistic transportation strategy to reduce automobile trips particularly during peak travel times.

REGIONAL REQUIREMENTS
Two regional agencies currently require cities in Los Angeles County to impose trip reduction measures for different purposes. The South Coast Air Quality Management District focuses on GHG emission reduction and the requirements apply to employers with 250 or more employees. The Los Angeles County Metropolitan Transportation Authority’s Congestion Management Program (CMP) focuses on trip reduction requirements to address congestion. The CMP standards apply to non-residential development projects over 25,000 square feet. Santa Monica’s current Transportation Management Ordinance (SMMC Chapter 9.16) is intended to comply with both sets of requirements, which are described in more detail below.

South Coast Air Quality Management District
South Coast Air Quality Management District (SCAQMD) has adopted an air quality management plan to maintain the California Clean Air Act air quality standards. It has established regulations to reduce pollution generated by commuter travel. Rule 2202 applies to employers with 250 or more employees, and defines an Employee Commute Reduction Program (ECRP) to meet average vehicle ridership (AVR) goal of 1.3-1.75 (depending on geographic location) persons per vehicle in the AM peak period of 6:00-10:00 am. SCAQMD

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Packet Pg. 741 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
6 calculates AVR as the total number of employee trips divided by the total number of employees for a oneweek survey period. Additionally, the SCAQMD requires employers subject to Rule 2202 to provide a survey to ascertain the level of success in achieving the goals of reducing vehicle trips in order to achieve corresponding reductions in emissions. An employer subject to this Rule registers annually to implement their emission reduction program for each worksite. Santa Monica’s Transportation Ordinance, with thresholds under 250 employees and also requiring an annual survey to demonstrate compliance with its worksite reduction target, meets and exceeds the District’s requirements and identifies compliance the Rule 2202 as one of the purposes of the Ordinance.

Los Angeles County Metropolitan Transportation Authority Los Angeles County Metropolitan Transportation Authority’s (Metro) Congestion Management Program (CMP) coordinates land use and transportation policy for L.A. County. To comply with the Metro CMP, Santa Monica must report certain information on new development projects, follow the program’s guidelines for analyzing traffic impacts of new development, and implement programs and regulation to discourage peak-hour auto travel. The City must also self-certify conformance. Cities must also submit biennial traffic counts designated by Metro to be part of the CMP network. Local jurisdictions are required to conform to the CMP requirements in order to continue receiving a portion of state gas tax money and also to remain eligible for state and federal funding for transportation projects. While the primary objective of the CMP’s TDM program is to reduce regional congestion, it is also designed to complement SCAQMD’s Rule 2202, which calls on large employers to use TDM, as well as other strategies to reduce mobile source emissions.

LUCE FRAMEWORK
In addition to being responsible for meeting the requirements of regional air quality and congestion management agencies, the City must also implement its own land use and circulation policies set forth in the LUCE. The LUCE recommends a very aggressive program for TDM and sets high TDM targets, with the goal of limiting total peak period vehicle trips with a Santa Monica origin or destination to 2009 levels by the year 2030. Achieving the LUCE objectives would require the City to assume significant responsibilities for managing its transportation system through the establishment of new programs, as well as continuing implementation of current ones. These provisions would exceed those that the City is required to implement in order to meet the CMP and SCAQMD regulations discussed in the previous sections.

In addition to strengthening existing TDM requirements, the LUCE proposes new Transportation Impact Fees (TIF) to fund facility improvements and designates TDM Districts that would make it easier to craft strategies tailored to the specific needs and circumstances in different areas of the city. Together with implementation of improvements to transit, pedestrian and bicycle facilities and land use policies that focus development along high frequency transit corridors, these measures are intended to help the City achieve the LUCE’s goal of No Net New Evening Peak Period Vehicle Trips. Among the City’s most powerful regulatory techniques for implementing the LUCE’s trip reduction policies are the transportation management requirements codified in Chapter 9.16 of the Municipal Code, and the careful regulation, pricing and provision of parking.

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7 The LUCE establishes maximum allowable building heights and densities as the baseline for each of the plan's five land use categories--neighborhoods, boulevards, mixed-use centers, employment and commerce, and community and public uses. Applicants desiring to develop projects that exceed the base height and density limits are subject to a discretionary review and must provide community benefits in compliance with a new set of regulations that will be included in the new ordinance. Applicants proposing projects that exceed the Tier 1 base height and density for the applicable district will be subject to approval of a Development Review Permit or Development Agreement and have to provide benefits.

Based on the direction of the most recent Staff proposal for implementing the LUCE’s community benefits policies, applicants proposing projects at Tier 2 would be required to pay additional TIF fees, which the City would use to fund a variety of transportation facilities pursuant to the TIF ordinance. Applicants seeking approval of projects that exceed the floor area and/or height the proposed Ordinance allows at Tier 2 would require a Development Agreement. Appendix A identifies a variety of trip reduction measures, some of which are anticipated to be base requirements, and others that may typically only be provided through the Development Agreement negotiation process. These measures include mechanisms and programs such as bicycle facilities, dedicated shuttles, car-sharing, transit passes, parking “cash-out,” and shared parking.

The LUCE also calls for new Demand Management Districts (DMDs), which would be established in transitoriented mixed-use areas such as the Downtown, Bergamot Transit Village, and Memorial Park Activity Center Overlay. (See LUCE pp. 4.0-58 to 4.0-62) The Districts are broken down into Highest Goal, Higher Goal, District-Wide Goal, and Major Transit Stop Zones. TDM strategies are then described for three sample land use types: Office, Commercial, Employment; Residential; and Schools. Strategies tailored to meet the specific characteristics of different areas could include Transportation Management Organizations or Associations (TMOs and TMAs), parking pricing, universal transit passes, tailored transit, carpool and vanpool programs, personalized travel assistance, and parking management. In order to limit total peak vehicle trips, there should be a combination of appropriate TDM requirements for new development, and incentives that encourage existing employers or multi-unit residences (for example by Home Owners Associations and property managers) to reduce vehicle trips.

SANTA MONICA’S EXISTING TDM REGULATIONS
The current TDM ordinance, which the City adopted in 1991 to implement State-mandated requirements for implementing the Los Angeles County Congestion Management Plan and last revised in 1996, includes requirements applicable to employers and to non-residential developers. Chapter 9.16 was intended to meet SCAQMD and CMP requirements but, as stated in the Findings (Section 9.16.010) it was also designed to implement policies of the City’s General Plan.

The requirements for employers distinguish among those with ten to 49 employees (Level 1), 50 to 249 employees (Level 2), and 250 or more employees (Level 3). Level 3 employers are also subject to the requirements of SCAQMD Rule 2202 for adoption of an Employee Commute Reduction Program (ECRP) to meet average vehicle ridership (AVR) goals. Level 1 employers must file a Worksite Transportation Plan that provides employees with information about alternative commute options. All employers of 50 or more employees must submit an Emission Reduction Plan. The ordinance includes several optional approaches for meeting the detailed requirements and all employers pay an annual fee for administration and enforcement.

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Packet Pg. 743 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
8 In addition to requirements applicable to employers, the ordinance includes a separate set of regulations for developers of nonresidential projects expected to generate ten or more peak period trips who must submit emission reduction plans for City approval before receiving a building permit. Additional requirements apply to projects of 25,000 square feet or more and those with 100,000 square feet or more.

PROPOSED TDM REGULATIONS
Proposed Thresholds
To achieve the LUCE objectives for reducing per capita trips and to ensure that by 2030, new development under the LUCE does not generate a net increase in PM peak period vehicle trips, Staff is recommending the following thresholds, above which TDM measures would apply:
 All public and private employers, including the City of Santa Monica, that have a permanent place of business in the City and ten or more employees;
 Multi-family residential projects with 10 or more units;  Mixed-use projects with 10 more residential units or 7,500 square feet or more of non-residential development;
 Non-residential projects with 7,500 square feet of gross floor area or more; and  Any property or business owner proposing a change in the use of non-residential property that would result in or accommodate an increase in the number of average daily trips by 10 percent or more or would increase the floor area of an existing building with at least 7,500 square feet of floor area by 10 percent or more.

Proposed Developer TDM Requirements
In contrast to the existing Ordinance, which only applies to nonresidential projects, the proposed Ordinance would extend the requirements to residential projects and mixed-use development. Appendix A sets forth a list of measures that the proposed Ordinance would establish as standards applicable to Tier 1 and Tier 2 projects based on gross floor area and the potential for reducing vehicle trips. This approach is intended to implement the LUCE’s identification of Transportation Demand Management Districts (DMDs) that reflect factors such as proximity to transit and current vehicle trip rates (LUCE pp. 4.0-58-59). In addition to stipulating AVR goals that vary by DMD location, the proposed Ordinance would require new development to comply with specific standards for providing bicycle parking, preferential parking for car and van pools, subsidized transit, guaranteed rides home, and other trip reduction measures depending on project size. The current Ordinance identifies three thresholds for new non-residential development--those that will generate ten or more PM peak period trips, projects that include 25,000 square feet or more, and those with 100,000 square feet or more—all of which must submit “emission reduction plans” designed to achieve AVR goals.

The selection of measures is, however, for the most part left up to individual developers and the employers who occupy their projects in the future. The proposed Ordinance would also replace the ten PM peak trip threshold with a floor area measure (7,500 square feet of more) to simplify implementation.

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Packet Pg. 744 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
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9 Proposed Employer TDM Requirements
The proposed Ordinance would continue to require employers to prepare and implement plans (called trip reduction plans rather than emission reduction plans). Employers will also have to comply with the specific standards described above that the proposed Ordinance establishes for projects based on floor area and DMD location. Instead of the floor area threshold applicable to new construction, the requirements for employers would continue to be tied to the number of employees.

The City should also consider moving some of the detailed provisions regarding the content and procedure requirements out of the ordinance and into a set of administrative rules. These would be referenced in the ordinance and can be modified more quickly and easily over time than if codified.

Proposed Residential TDM Requirements
LUCE Goal T21 states that the City should use all available tools to make the most effective possible use of the transportation system. The policies to achieve this goal include updating TDM requirements for new development, triggering TDM requirements for new development consistent with LUCE performance standards, and incentivizing new multi-family and nonresidential development to include design elements that will enable price control for parking. (LUCE p. 4.0-64). The LUCE does not specifically propose to expand the applicability of the TDM requirements, but some cities are beginning to apply trip reduction requirements to residential and mixed-use development. While these are often incorporated in an incentive program, as design standards or under a development agreement, others are imposing requirements for submitting and implementing TDM plans as part of the zoning approval process especially for new development located close to transit. Like the provisions for non-residential development, the proposed TDM requirements for residential projects would vary depending on project size and DMD location. Developers of residential projects subject to the TDM requirements would have to incorporate TDM measures in a tentative map or development permit application and be required to notify future buyers and tenants of the features provided as a condition of approval. In addition to designing projects to provide easy pedestrian and bicycle access, developers would have to accommodate features such as secure bicycle parking, reserved spaces for car sharing, kiosks or bulletin boards offering information about trip reduction programs, and, depending on project size, may also have to install bus turnouts, shelters or bus stops.

KEY POLICY QUESTIONS

1. Instead of a threshold based on the projected number of trips per hour, the proposed ordinance would apply TDM requirements to non-residential projects that include 7,500 square feet or more of floor area. Is 7,500 square feet an appropriate threshold for non-residential projects? Pasadena, Glendale, and several northern California cities have different thresholds. For example:
 Pasadena: Tier 1 -equivalent requirements apply to projects from 25,000 to 75,000 square feet. Projects larger than 75,000 square feet are required to prepare a TDM Program Plan  Glendale: Tier 1 –equivalent requirements apply at 25,000 square feet or 25+ employees, Tier 2-equivalent at 50,000 square feet, Tier 3 equivalent at 100,000 square feet  San Carlos: 10,000 square feet+ or greater

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Packet Pg. 745 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
10  South San Francisco (SSF): all nonresidential development expected to generate 100+ average daily trips

2. The proposed regulations would extend developer TDM requirements to apply to residential and mixed-use development. Is a 10-unit threshold appropriate?
Pasadena’s ordinance, for example, applies to residential development with more than 100 units and mixed-use development with more than 50 units if the nonresidential floor area exceeds 50,000 square feet. Sunnyvale, in Santa Clara County, requires all multi-family development within a third of a mile of a light rail station, Caltrain Station, or high activity commute to work bus stop to propose and implement TDM measures. Contra Costa County requires trip reduction plans for residential and mixed-use projects that require a public hearing and include at least 13 dwelling units. It is reasonable to assume that more cities will begin requiring trip reduction or TDM plans for residential and mixed-use development as they implement the Sustainable Communities Strategies being adopted by the Southern California Association of Governments and other regional agencies under Senate Bill 375.

3. The proposed TDM requirements would apply to changes to the use of non-residential property that would result in or accommodate an increase in the number of average daily trips by 10 percent or more and additions that would increase the floor area of an existing building with at least 7,500 square feet of floor area by 10 percent or more. Are these thresholds appropriate triggers? Should the City also enact requirements to ensure that TDM programs continue to apply when there is a change of occupancy or use that does not require discretionary zoning approval? Staff has proposed to extend the program to include additions to existing nonresidential buildings and changes of use. Examples from other jurisdictions include:
 South San Francisco requires approval of a new TDM plan if there is a change in an approved project that would result in the addition of 10 percent of the building area or a 10 percent increase in the number of average daily trips.
 San Carlos: Additions to nonresidential buildings that are 10,000 square feet or more in size that expand existing gross floor area by 10 percent or more and changes of use or operational characteristics in a building that is 10,000 square feet or more in size that results in an average daily trip increase of more than 10 percent above current use.

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11 Proposed Transportation Demand Management Regulations Purpose
The intent of this introductory section is to consolidate and update provisions in Sections 9.16.010 and 9.16.020 of the existing Ordinance to make specific reference to LUCE goals and policies.

The purpose of this Chapter is to implement the goals and policies of the City’s General Plan to manage change through programs to create and maintain a more sustainable Santa Monica that will thrive without compromising the community’s unique character or the ability of future generations to meet their own needs and enjoy and benefit from living and working in a special place. More specifically, these provisions are intended to proactively manage congestion, reduce automobile dependence and enhance transportation choices by requiring trip reduction plans for all types of trips—work ,shopping, leisure, school, and appointments—that will:

A. Ensure City compliance with the applicable requirements of the South Coast Air Quality Management District Rule 2202 and implement air quality control measures required of local governments by the District’s 1991 Air Quality Management Plan and subsequent updates and the Los Angeles County Metropolitan Transportation Authority’s Congestion Management Program (CMP);
B. Accommodate land use changes allowed under the General Plan’s Land Use and Circulation Element (“LUCE”) while reducing peak-hour automobile trips from new and existing destinations to achieve the LUCE’s goal of no net increase in PM peak hour vehicle trips by 2030; C. Reduce traffic impacts within the community and region through a reduction in the number of per capita vehicle miles traveled.

D. Reduce vehicular air pollutant emissions, energy usage and ambient noise levels through a reduction in per capita vehicle miles traveled and management of traffic congestion.

E. Minimize the percentage of employees traveling in single-occupant vehicles to and from work, especially during peak-hour periods.

F. Promote and increase work-related transit use, ridesharing, walking and bicycling to minimize parking needs, manage congestion, and protect the quality of life in Santa Monica’s neighborhoods and districts;
G. Improve the mobility and general efficiency of circulation and transportation systems by increasing reliance on public transit, ridesharing, cycling and focusing development in areas close to transit and employment;
H. Improve the quality and level of access for residents, employees, customers, and visitors by improving transportation choices and managing congestion; I. Decrease the City’s need for additional parking facility construction.

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12 J. Coordinating transportation systems management, transportation demand management and transportation facility development strategies with other cities and counties in the region and through regional agencies.

Definitions
The intent of this section is to carry forward and, as necessary, revise the definitions of key terms such as Peak Period, Worksite, Transportation Management Organization (called Transportation Management Association in the existing Ordinance), and Average Vehicle Ridership (AVR) that are unique to this Chapter. Terms will be defined according to the AQMD and County CMP requirements. The rules for calculating AVR will be established in the respective sections applicable to developers and employers.

Applicability
The intent of the Applicability section is to maintain the current thresholds for employer TDM, extend the scope of the developer TDM program to residential and mixed-use projects, and lower the developer TDM program floor area and trip generation thresholds for non-residential projects. The provisions describing the contents of TDM Plans will establish content requirements that vary based on the number of employees and/or size of the development project.

A. Any public or private employer, including the City of Santa Monica, that has a permanent place of business in the City and ten or more employees;
B. Any multi-family residential project with 20 or more units that has not yet received final approval; C. Any mixed-use development project with 20 more residential units or 7,500 sq. ft. or more of nonresidential development that has not yet received final approval; D. Any non-residential development project with 7,500 square feet of gross floor area or more that has not yet received final approval; and
E. Any application that has not yet received final approval, which would change the use of nonresidential property and would result in or accommodate an increase in the number of average daily trips by 10 percent or more or would result in an increase of 10 percent or more in the floor area of an existing building of 7,500 square feet of floor area or more.

Transportation Demand Management Administration Fees
This section’s purpose is to establish the fees the City imposes on employers of ten or more employees to defray the cost of administering and enforcing the Chapter’s requirements and the cost of TDM outreach programs in the City. The section will also incorporate provisions regarding the deposit and use of the fees that this Chapter establishes incorporating and revising the provisions in Section 9.16.060 of the current Ordinance as appropriate. A separate chapter authorizes the imposition of transportation impact fees based on a nexus study as required by the State’s Mitigation Fee Act (California Gov. Code Section 66000 et seq.) as adopted by Council in March 2013.

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13 Employer Trip Reduction Plan Requirements
The intent of this section is to consolidate and revise Sections 9.16.070 through 9.16.090 to establish the requirements for the worksite transportation plans (WTPs) and employee trip reduction plans (ETRPs), if the City decides to retain that nomenclature. Revisions will include incorporation of revised and additional mandatory and optional provisions based on the LUCE and best practices employed by other jurisdictions to achieve their trip reduction goals. Appendix A lists measures that would be applicable to employers based on their proximity to transit. As an alternative to retaining the detailed requirements for plan contents and implementation (e.g. old vehicle scrapping, remote sensing, emission reduction factors, etc.) that are part of the existing Ordinance, the proposed Ordinance is proposed to reduce the detail in the proposed Ordinance and specify that detailed requirements will be included in regulations that shall be established by the Planning and Community Development Director.

This would make it easier for City staff to update the requirements to comply with changes in federal and State law and accommodate changes in technology. The proposed Ordinance would continue to distinguish smaller employers with 10 to 49 employees from employers with 50 or more employees who are subject to additional regulations including provisions of the State Health and Safety Code.

Employers of ten or more employees would be required to designate an on-site employee responsible for implementation of the requirements of this section and prepare and implement a worksite plan that includes, at a minimum:
 A management commitment letter signed by the highest ranking official at the site.  Installation of a kiosk or bulletin board with information about trip reduction programs;  List of public transit services within one-fourth mile of the worksite.  List of bicycle paths, lanes, routes, and amenities within one-half mile of the worksite.  List of other transportation services, such as carshare vehicles and bikeshare stations within one-fourth mile of the worksite.
 Information about a variety of programs and other means available to employees as an alternative to trips by passenger car including, but not limited to, carpooling/vanpooling, transit passes, guaranteed ride home, etc.

In addition to implementing the State-mandated parking cash-out program that provides a cash allowance to an employee equivalent to the subsidy that the employer would otherwise pay to provide the employee with a parking space, larger employers would be required to institute measures such as those listed in Appendix A that are based on the business location.

A. Average vehicle ridership (AVR) for employer programs shall be calculated by dividing the number of employees who report to or leave the worksite by the number of vehicles being driven for the work commute by said employees during the peak periods.

1. Employees walking, bicycling, riding public transit, or other shuttle services for at least 75% of their commute shall be counted as employees arriving or leaving the worksite without a vehicle.

2. Employees telecommuting on their day off under a recognized compressed workweek schedule shall also be counted as employees arriving at or leaving the worksite without vehicles.

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14 3. Motorcycles shall be counted as vehicles.

4. Zero-emission vehicles will be counted as a vehicle in the calculation of AVR.

5. Employers must survey during the PM peak period window in order to monitor implementation of the LUCE policy goal of No Net New PM peak period trips.

B. Employers of ten to forty-nine employees may submit annually an Employee Trip Reduction Plan or join a Transportation Management Organization (TMO) if they wish to be eligible for reductions in their Employer Annual Transportation Fees. As with large employers (50 or more employees), small employers would be eligible for a performance discount if they achieved and maintained the AVR target for their district.

C. Failure to significantly achieve or show progress towards achieving an employer AVR target shall be considered a violation of the ordinance and would be subject to additional fees.

D. Fees shall be established by resolution of the City Council and shall be adjusted annually to reflect changes in the Consumer Price Index (CPI).

Developer Transportation Demand Management Program Plan Requirements Sections 9.16.110 and 9.16.120 of the current Ordinance apply to developers of nonresidential projects that will generate ten or more peak-period trips upon completion. The proposed revisions would expand the requirements to cover residential and mixeduse projects and floor area additions if the Ordinance is revised to cover these projects. If the Ordinance is revised to apply TDM requirements to changes of use that will generate additional trips, those provisions could also be included in this section. Revisions will include incorporation of revised and additional mandatory and optional provisions based on the LUCE and best practices employed by other jurisdictions to achieve their trip reduction goals.

A. Applicants of projects subject to the requirements of this Chapter shall submit a Transportation Demand Management (TDM) Program Plan that conforms to the requirements of this Chapter and any applicable regulations established by the Director of Planning and Community Development.

TDM Program Plans shall be reviewed and approved by the Director prior to the issuance of a building permit and thereafter shall be reviewed and approved annually. TDM Program Plans shall include, but are not limited to, the following:

1. Project description;

2. Site conditions that affect vehicle trips;

3. TDM Program Plan measures; (Attachment A)

4. Evaluation criteria for reviewing TDM Program Plans; and

5. Duties, responsibilities and qualifications of a TDM Coordinator; and,

6. Statement of commitment to implement, monitor, and report annually on TDM program operation and annual budget including:

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15 a. Commitment to conduct annual surveys in conformance with Metro's guidelines to determine vehicle trip behavior, including collection of data on employee means of travel, arrival time, and interest in information on ridesharing opportunities. b. Commitment to monitor the TDM Program activities; and c. Commitment to report on the TDM Program annually in a manner required by the City (e.g., TDM Status Report).

B. Average vehicle ridership requirements.

1. Nonresidential development projects and the nonresidential portion of mixed-use development projects shall strive to achieve a minimum average vehicle ridership (AVR) between 6 p.m. and 9 p.m.

2. All projects shall strive to meet the AVR target established by the Demand Management District starting one year from the effective date of this ordinance.

3. All projects that are located within a "Transit Oriented Development" area as defined in the Ordinance shall be designed to achieve a 1.75 AVR starting three years from the effective date of this ordinance.

C. Property owners subject to trip reduction requirements shall record with the County Recorder’s Office an agreement that makes the TDM Program Plan a condition of property ownership. The agreement shall include provisions to:

1. Guarantee adherence to the TDM objectives and perpetual operation of the TDM Program Plan program for all legal parcels within the site regardless of property ownership;

2. Inform all subsequent property owners of requirements of the TDM Program Plan.

3. Inform the City of Santa Monica Planning and Community Development Department of any change in property ownership.

4. Identify consequences of non-compliant performance.

D. Property owners are responsible for ensuring that lease documents and any other agreements for occupancy of non-residential spaces in the development include provisions to inform and commit non-residential occupants to applicable measures of the approved TDM Program Plan including:

1. Allowing employees/residents to participate in campaigns that promote use of carpools, vanpools, transit, walking, bicycling, car-share, bike-share and other trip reduction efforts

2. Posting transportation information in employee/resident common areas

3. Participating in the annual employee travel survey (for non-residential projects only)

4. Informing employees/residents of the availability of car/vanpool parking spaces.

10.B.e
Packet Pg. 751 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
16 Required Findings
Chapter 9.16 of the existing Ordinance specifies requirements for TDM plans but does not list determinations that the Director must make in order to find that a TDM program plan complies with the applicable requirements of the Chapter. This new section would establish findings that the Director must make in order to approve a TDM Program Plan. The need for making findings will become more important if a wider range of employers and development projects are subject to the requirements of the TDM ordinance.

Monitoring and Enforcement
The section specifies the procedures for audits, violations, and penalties. Staff has proposed requirements for an annual status report documenting the TDM measures undertaken by a property owner and their results to implement LUCE proposals for thorough monitoring and reporting requirements. This would allow the City to determine if the property owner has implemented and maintained the TDM Program plan, and whether the property has made progress toward achieving the applicable AVR target. A three- to five-year review report, with historical comparisons, would serve a similar function while also evaluating the overall effectiveness and allow the City keep track of which projects and measures work best. Pasadena has adopted similar requirements for property owners and their TDM coordinators to write a statement of commitment to conduct surveys in conformance with the AQMD. New provisions for TDM status reports could be included in this section or in the one that details requirements for submission of trip reduction TDM Program plans. The proposed Ordinance would also establish or reference any applicable administrative penalties.

A. Developers and employers subject to the requirements of this chapter shall submit a TDM Program Plan Status Report for review by the Director beginning with the first annual reporting date assigned by the City and every year thereafter. The City shall provide the property owner with written notification indicating whether the TDM Program Plan Status Report is approved or is deemed unacceptable within six months of its receipt. Alternatively, the City may notify the owner in writing of an extension of this deadline of no more than 30 days.

B. Staff shall review Annual TDM Program Plan Status Reports to determine if property owners and employers have implemented and or maintained TDM measures specified in the TDM Program Plan and have achieved the average vehicle ridership reduction (AVR) performance objective as measured by responses from the annual commuter survey.

1. City staff may request auditable documentation to determine compliance.

2. If required TDM measures have not been provided or maintained, City staff will provide written notice to the responsible party.

3. If the performance objective has not been achieved, City staff will determine if substantial progress has been made toward meeting the performance objective Performance Objective and whether the owner has made a “good faith effort” to implement the TDM program.

4. If the AVR requirement has not been met and a property owner has not made progress toward the requirement, the City shall work collaboratively with the owner to identify

10.B.e
Packet Pg. 752 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
17 modifications to the TDM Program Plan and shall direct the owner to revise its program within 60 days to incorporate the modifications.
a. In response to the recommended modifications, the owner shall submit a revised TDM Program Plan, including the requested modifications, proposals for implementing measures that have not been instituted or maintained, and/or equivalent measures within 60 days of receiving written notice to revise its program. b. The City shall review the revisions and notify the owner of acceptance or rejection of the revised program.
c. If a revised program is not accepted. the City will send written notice to that effect to the owner within 60 days
C. The Annual TDM Program Plan Status Report shall include relevant data/reports to document compliance with the requirements of this Chapter.

D. In addition to reviewing the Annual TDM Program Plan Status Report, the City shall monitor compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following:

1. Printed documentation of site features (e.g., location of carpool parking spaces) on site and/or parking plans;

2. Photographs of TDM Program Plan facilities (e.g., carpool parking spaces);

3. Field-site inspections by City staff;

4. Other building site reports/surveys that the City of Santa Monica may deem appropriate;

5. Documentation of marketing efforts, incentive programs and participation in said programs.

E. The City shall issue a written notice of non-compliance to owners of properties that are out of compliance with the Ordinance (trip reduction requirements). The notice shall indicate the cause for non-compliance and identify actions necessary to attain compliance. Property owners shall be given ## days to provide documentation of compliance. A notice of non-compliance may be issued to an owner who fails to meet requirements including, but not limited to:

1. Submission of TDM Program Plan

2. Implementation of measures contained in approved TDM Program Plan(s)Programs

3. Submission of Annual TDM Program Plan Status Report(s)Reports

4. Not making a 'good faith effort' to attain the performance objective F. Failure to attain compliance may result in one or more of the following actions:

1. Requiring the addition of elements to the property owner's TDM Program Plan;

2. Instituting proceedings to revoke any approval of a TDM Program Plan;

3. Withholding issuance of building permits, certificates of use and occupancy, and or other City issued permits or licenses;

10.B.e
Packet Pg. 753 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
18 4. Issuance of a stop work order;

5. Any other remedy available at law or in equity.

6. Monetary penalty.

Appeals
This section will carry forward the provisions in Section 9.16.140 of the existing Ordinance, which establish procedures enabling the City’s Emission Reduction Plan Appeals Board to hear appeals of decisions by the Transportation Demand Program Manager. Decisions by the ERP Appeals Board are final, except for judicial review, and may not be appealed to the City Council. The appeals provisions will be revised and augmented as necessary to clarify requirements for both employers and development projects because the existing Emission Reduction Plan Appeals Board only applies to Employers.

Transportation Management Organizations
Transportation Managements Organizations (Transportation Management Associations in the existing Ordinance) are groups formed to address access and mobility issues on behalf of residents, employers, employees, developers, building owners, and visitors with the primary function of pooling resources to implement solutions to access and mobility concerns and the efficient use of transportation and parking resources. TMOs provide small employers and individuals with access to Trip Reduction services comparable to those offered by larger companies, which could be particularly important if the thresholds are lowered so requirements apply to a wider range of property owners and projects. Section 9.16.100 of the existing Ordinance would be revised and expanded to reflect the range of projects to which the updated requirements of the Chapter will apply. The proposed Ordinance would use the term “Transportation Management Organization” to be consistent with the LUCE and avoid confusion. Similar to administrative requirements for TDM plans, the City may wish to adopt TMO rules by reference.

10.B.e
Packet Pg. 754 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
19 Appendix A: Proposed Trip Reduction Measures by DMD
and Project Size
Required baseline () and other recommended No Net New Trips (NNNT) measures by Demand Management District (DMD) and project size are intended to achieve the established project Average Vehicle Ridership (AVR). This list is not exhaustive and applicants would be encouraged to work with the City to select from the recommended measures and identify additional measures as appropriate to their location and tenant mix. Measures that will be identified as basic requirements would be specified in the Ordinance or in administrative rules the Planning and Community Development Director issues that specify contents of required TDM Program Plans. These standards would be applicable to all Tier 1 and 2 projects based on the project size and the DMD in which it is located. The requirements applicable to Tier 3 projects will be negotiated on a project-by-project basis as part of the process for approving a Development Agreement. The City has the discretion to require implementation of any of the requirements specified in the Municipal Code or any of the additional measures identified as Tier 3 Community Benefits for Tier 3 projects subject to a Development Agreement. The higher AVRs listed in the table header would be applicable to the Downtown and Bergamot districts based on the applicable Specific Plans. Also, all elements required of larger developments in the highest goal Demand Management District are recommended for consideration by smaller developments and those in the lower Demand Management Districts:

Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
Location
Locate New Development Near Transit
List the existing and planned transit facilities and
their levels of service within a ½ mile and ¼ mile
radius of the project boundaries.

Residential,
Non-Residential   
TDM – Physical Facilities
Connections/Access Points
Provide pedestrian, bicycle, and transit connections
and/or new roads/pathways that provide access
points between site and adjacent uses for large
developments.

Residential,
Non-Residential   

10.B.e
Packet Pg. 755 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
20 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
Short-Term Bicycle Parking
Racks, etc. for customer/visitor use that meet or
exceed the standards in the Bike Action Plan.

Residential,
Non-Residential,
Employer
  
Long-Term Bicycle Parking
Secure, enclosed, per zoning code with location and
design to be approved by City.

Residential,
Non-Residential,
Employer
  
Additional Bicycle Parking
Provision of long and/or short-term bike parking
beyond code requirements.

Residential,
Non-Residential,
Employer
On-Site Bike-Sharing Pod(s)
On-site bike sharing vehicles available for public
use.

Residential,
Non-Residential,
Employer
Preferential Parking for Carpools/Vanpools
Reserve preferred parking spaces for carpool or
vanpool vehicles.

Non-Residential,
Employer  
Passenger Drop-off/Loading Area
Van accessible passenger drop-off/loading area or
per code, whichever is greater.

Residential,
Non-Residential   
Showers
Showers for employees who actively commute. For
development in Downtown, see IZO for
requirements.

Non-Residential,
Employer 
Employee Changing Room Lockers Non-Residential,
Employer
 
Parking Design Features
Facilities designed to accommodate shared parking
and parking charges (24/7 access, gates, etc.)
Residential,
Non-Residential
  
TDM Signage
Program providing directions to and clearly
identifying TDM features such as bus stops, bike
parking, carpool parking, etc.

Residential,
Non-Residential,
Employer   
On-site Trip Reduction Services
On-site provision of services that reduce the demand
for additional vehicle travel such as childcare
facilities, cafes, convenience stores, health/fitness
clubs, bike repair, concierge services, etc.

Residential,
Non-Residential,
Employer 

10.B.e
Packet Pg. 756 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
21 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
TDM - Employee Trip Reduction
On-Site Certified TDM Coordinator/ Contact
Owner may engage a third-party to provide this
function. The name and contact information will be
provided to the City and updated as needed. The
coordinator will be available for and participate in
meetings, workshops and rideshare events
conducted by the City or other organization
approved by the City. The TDM Coordinator must be
certified through the City’s certification process.

Non-Residential,
Employer
  
Commuter Information Board/Kiosk
Provision of a commuter information board/kiosk in a
permanent and central location(s) including regularly
updated information on transit services,
carpool/vanpool services, biking and walking routes
and facilities; ridesharing promotional materials; and
TDM measures and support facilities on-site and
within a 1-mile radius.

Non-Residential,
Employer   
Marketing & Promotional Support for Non-SOV
Travel
Includes new employee commute packages;
personal trip planning assistance; distribution of
rideshare information to all tenants/employees on at
least an annual basis; a regular commute newsletter,
contests, prizes and recognition; daily commute
tracking tools which reward non-SOV travel;
rideshare fairs, events and participation in regional
activities such as Rideshare week and Bike to work
Week/Day/Month. For developers, marketing plan
and promotional materials need to be provided prior
to C of O.

Residential,
Non-Residential,
Employer
  
New Employee Orientation
Include transportation information and personal trip
planning through new employee orientation.

Employer
  
Local Living & Non-SOV Incentives
Provision of financial incentives (i.e. monthly
subsidy, closing costs) for employees that live within
Non-Residential,
Employer 

10.B.e
Packet Pg. 757 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
22 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
a 1 mile radius of their worksite
Bike Commuting Training
Provision of bike training classes (education and
hands-on training) to encourage employee bike
commuting to be offered on-site or through a 3rd
party provider.

Employer
Transit Passes
Provide transit passes at full or partial subsidy
(minimum subsidy value of 50% of ongoing Metro EZ
Pass, interagency monthly pass or comparable
transit pass) to employees. Passes shall be provided
on-site and the requirement may be passed through
to tenants in leases.

Residential,
Non-Residential,
Employer

  (100%)
BBB Universal/Any Line Any Time Passes
Agree to provide transit passes to all employees
through participation in BBB Any Line Any Time or
similar “Eco-Pass” program.

Non-Residential,
Employer  
Ridematching
Proactively assist employees in identifying
ridesharing opportunities, both within the
development and with adjacent developments.

Assistance may be provided through a third party
such as Metro, a TMO, GoLoco.org, Zimride,
NuRide, RideAmigos.com, or other similar providers.

Residential,
Non-Residential,
Employer
  
Subsidized Vanpooling
Metro program provides vanpooling subsidies
Employer   
Guaranteed Ride Home
Provision of Guaranteed Ride Home/Guaranteed
Return trip services to those who use non-SOV
travel. Service may be provided third party such as
Metro or TMO.

Employer
  
On-Site Car Sharing/Fleet Vehicle(s)
On-site car share/fleet vehicle available for use
during the workday for employees or tenants.

Residential,
Non-Residential,
Employer
Flexible Work Hours
Compressed workweeks, flexible work hours, and/or
staggered work hours to reduce peak vehicle trips.

Employer   

10.B.e
Packet Pg. 758 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
23 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
Telework Policies
Policies to permit and encourage employees to work
from home or off-site.

Employer   
Pre-tax Payroll Deduction for Non-SOV Commute
Costs
Provide pre-tax payroll deduction for non-SOV
commute costs such as purchase of transit and
vanpool benefits, Commuter Choice Benefit, etc.

Employer
  
Bikes@Work
Bicycles available on-site for employee business and
personal use.

Employer
 
Car-Sharing Programs
Provide car-sharing full or partial subsidy for
employees.

Non-Residential,
Employer
Bike-Sharing Programs
Provide bike-sharing full or partial subsidy for
employees.

Non-Residential,
Employer
Bike Center
Provide bike center full or partial subsidy for
employees.

Non-Residential,
Employer
TDM - Customer and Visitor Trip Reduction
Customer Incentive Program
Provide discounts and incentives for non-SOV
customers
Non-Residential,
Employer
 (for on-site
retail)
Rideshare Direction Preference
When providing customers and visitors with
directions, list rideshare information and directions
(i.e. transit stops, bike parking) first followed by auto directions and information.

Non-Residential,
Employer   
Special Event / Destination Rideshare Services
Provision of TDM services for special events or
common destinations (i.e. airport) that reduces the
demand for car rentals, SOV travel, and auto parking
including shared ride and shuttle services.

Non-Residential
Visitor Rideshare Memberships
Provide rideshare services (i.e. transit, car-share,
bike-share, bike center) at full or partial subsidy for Non-Residential

10.B.e
Packet Pg. 759 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
24 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
visitors (such as hotel guests.)
BikesAway
Bicycles available on-site for checkout and use by
visitors.

Non-Residential
TDM – Residential Trip Reduction (if on-site
residential)
Travel Information Board/Kiosk
Provision of a travel board/kiosk in a permanent and
central location(s) including regularly updated
information on transit services, carpool/vanpool
services, car and bike sharing services (both public
and private), biking and walking routes and facilities; ridesharing promotional materials; and TDM
measures and support facilities on-site and within a
1-mile radius.

Residential
  
Transit Passes
Provide transit passes at full or partial subsidy
(minimum subsidy value of 50% of ongoing Metro EZ
Pass, interagency monthly pass or comparable
transit pass) to residents. Passes shall be provided
on-site.

Residential

Local Living and Non-SOV Incentives
Provision of financial incentives (i.e. monthly rental
subsidy, closing costs) for residents that work within
a 1-mile radius of their residence.

Residential

Car-Sharing Programs
Provide car-sharing full or partial subsidy for
residents.

Residential

Bike-Sharing Programs
Provide bike-sharing full or partial subsidy for
residents.

Residential

Bikes@Home
Bicycles available on-site for checkout and use by
residents.

Residential
Bike Center
Provide bike center full or partial subsidy for
residents.

Residential

10.B.e
Packet Pg. 760 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
25 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
TDM - Parking Programs
Unbundled & Market Rate Parking
Leases shall identify parking costs as an unbundled,
separate line-item at market rates no less than the
current monthly cost of a Metro EZ Pass or
equivalent.

Residential,
Non-Residential,
Employer
  
Parking Lease Adjustments
Tenants may adjust the amount of parking
purchased on monthly basis.

Residential,
Non-Residential,
Employer

Transportation Benefits & Parking Cash Out
Transportation benefits for employees who choose
not to drive (e.g., Commuter Choice Program), or
parking cash-out at market value (calculated based
on daily rates).

Non-Residential,
Employer 
Courtesy/Occasional Use Parking
Provision of courtesy/occasional use parking for
employees who primarily use Non-SOV travel but
must drive to work on occasion.

Employer  
Bike Valet
If valet parking is offered, parking attendant accepts
bicycles to valet park at no charge.

Residential,
Non-Residential,
Employer
  
Car Share Parking Space(s)
Car share parking space(s) provided at no cost for
car-sharing vehicles.

Residential,
Non-Residential,
Employer

Management
Coordinate Strategies by Area
Transportation Management Organization (TMO)
formation and/or participation required of all tenants.

Residential,
Non-Residential,
Employer
 
Shared Parking Agreements
Agree to participate in shared parking districts or
agreements when established in area.

Residential,
Non-Residential,
Employer

Complete Neighborhoods
Locate All Needs of Daily Life Within Walking
Distance
Residential,
Non-Residential,
  

10.B.e
Packet Pg. 761 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Santa Monica Zoning Ordinance Update
26 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
List the existing and planned daily needs within one
mile of the project boundaries such as child care
facilities, convenience stores, concierge services,
etc.

Employer
Community Benefits
Land/Facility Donation
Donation of land or facility space to the City for
facilitating improved mobility and access including
bicycle and pedestrian connections, bike sharing
“pods”, bicycle centers, etc.

Residential,
Non-Residential
“Adopt a School”
Provide funding and ongoing support for nearby
school Safe Routes programs including capital
improvements to pedestrian and bike access, online
matching service for carpool to school, walking and
biking “trains,” and promotion of WalkIt/BikeIt day
and similar events (produce flyers, etc.).

Residential,
Non-Residential,
Employer
Commuter Store
Public commuter store with rideshare information
and on-site transit pass sales.

Residential,
Non-Residential
Shared Parking
Provide shared parking for neighborhood residents,
events, adjacent uses, etc.

Residential,
Non-Residential   
SM Resident Universal Pass Purchase
Purchase of BBB Universal Passes for Santa Monica
Residents.

Residential,
Non-Residential,
Employer
Fees
Commit Funds to Mitigate Trips and Improve
Choices for Existing Santa Monicans
Commitment of funding for programming and capital
improvement projects citywide such as improved
bicycle and pedestrian connections, Expo light rail
station enhancements, pubic car sharing, pubic bike
sharing, public bike centers, TMO formation or
operations, bus stop improvements and
maintenance, the provision of new or expanded
Residential,
Non-Residential,
Employer

10.B.e
Packet Pg. 762 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation Transportation Demand Management
April 24, 2013
27 Recommended Strategies Applicable to
Citywide
DMD: 1.5 AVR
Tier 1 and 2;
7,500 to 25,000
sq ft;
Higher Goal
DMD: 1.6-

1.75 AVR;
Tier 1 and 2
over 25,000
sq ft
Major
Transit
Stop/
Highest
Goal DMD:

1.75-2.0
AVR;
Tier 3
transit/shuttle services, universal transit pass
funding, bike training courses, etc.

Measurement
Build a Better Future by Measuring Success:

AVR surveying, calculation and achievement; impact
of project on total travel time, quality of
transportation services, climate protection, housing
affordability, public health, and local sales tax
returns:

Residential,
Non-Residential,
Employer   
Parking Occupancy Evaluation Residential,
Non-Residential,
Employer
  

10.B.e
Packet Pg. 763 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation 9 ATTACHMENT B

LUCE TDM GOALS & POLICIES
Zoning Ordinance Update

10.B.e
Packet Pg. 764 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First Reading to Amend Transportation c i r c u l a t i o n

4.0 - 58 | S A N T A M O N I C A L U C E

TRANSPORTATION DEMAND

MANAGEMENT
The Role of Transportation Demand
Management (TDM)
Achieving Santa Monica’s congestion
management goals and improving the quality
of service of each mode of transportation
requires careful management of the entire
transportation system. While the previous
sections focused upon providing facilities
and programs for each mode, this section
provides guidance on effective management
of the system as a whole. It looks at the
transportation system not as an engineer
would, but as an economist, putting proper
incentives in place to optimize use of scarce
transportation resources. This demand
management approach to transportation
emphasizes:
Making the most efficient use of
transportation capacity by emphasizing modes
that use the least space per person: walking,
bicycling and transit
Revealing the actual and hidden costs of
transportation so travelers can make informed
decisions and reduce their impacts on
congestion and the environment.
Improving alternative transportation choices
so that Santa Monicans need not use their cars
for every trip they make
Making the most cost-effective investments,
considering the triple bottom line of economy,
environment, and equity—and recognizing that
sometimes it is cheaper to pay people not to
drive than it is to build the road and parking
infrastructure necessary to accommodate their
vehicles
Relying more on pricing, as opposed to
congestion, for allocating street and parking
resources
Investing revenues in higher quality and
more affordable access options.

The Transportation Demand
Management Map
This section begins with an acknowledgment
that Santa Monica’s various districts, boulevards
and neighborhoods each have different travel
characteristics—places with higher-frequency
transit and abundant local services generate
fewer vehicle trips than single-use districts
with limited transit. Accordingly, the Demand
Management Districts map on the opposite
page divides the City into key areas, each of
which has different mode split targets and
demand management strategies.

Demand Management Districts
Highest Goal
The Downtown, Civic Center, Beach and
Oceanfront and Santa Monica College areas
already produce the lowest vehicle trip rates in
the city, but offer potential for further reducing
their vehicle trips. These areas have the highest
goal for vehicle trip reduction.

Higher Goal
The Transit Village, Mixed-Use Activity Center
areas, employment centers and elementary and
middle schools all offer significant potential
for further vehicle trip reduction, although not
quite as much as the Downtown. These have a
higher goal for demand management.

District Wide Goal
The remaining commercial districts in the
City will have goals tailored to their specific
characteristics.

Major Transit Stop Zones
Special attention will be paid to the areas
around major transit stops since the quality of
pedestrian and bicycle access to these stops
influence the ability of the surrounding districts
to achieve their goals.

Transportation Demand
Management Strategies
The best TDM tools vary by land use
and location, and the best TDM program
requirements allow ample program flexibility
in achieving clear, quantifiable goals. The
following provides a short list of some of the
most effective TDM tools for three sample land
use types.

10.B.e
Packet Pg. 765 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First c h a p t e r 4 . 0
S A N T A M O N I C A L U C E | 4.0 - 59
Santa Monica
High School
Santa
Monica
College
Santa Monica
Big Blue
Bus Yards
San Vicente
Median Park
San Vicente
Median Park
San Vicente
Median Park
San Vicente
Median Park
Palisades Park
Palisades Park
Ocean Park
PocketPark
Lincoln
Middle
Franklin
Elementary
Crescent
Bay Park
Barnard Way
Linear Park
Barnard Way
Linear Park
Public
Safety
Facility
City Hall
Woodlawn
Cemetery
Will Rogers
Elementary
Virginia
Ave Park
Stewart
Park
St. John's
Hospital
South
Beach
Park
School
District
Offices
Schader Park
Santa Monica
Hospital
SMC
Madison
Campus
SMASH
Roosevelt
Elementary
Pier
Lot#8
Lot
#7
Lot
#12
Park
Drive
Park
Park
Ozone
Park
Olympic
High School
Ocean
View
Park
Ocean
Park
Library
Montana
Library
Memorial
Park
McKinley
Elementary
Marine
Park
Main
Library
Los
Amigos
Park
Ken
Edwards
Cent er
Joslyn
Park
John Muir
Elementary
JohnAdams
Middle
Hotchkiss
Park
Grant
Elementary
Fairview
Library
Edison
Elementary
Douglas Park
PacificSt
Park (Dog
Park)
County
Court
House
Clover Park
Civic
Center
City
Yards
Reed Park
California
Heritage
Museum
Beach
Park #1
Beach Maintenance
Ashl and
Park
Animal
Shelter
Airport
Euclid
Park/Hacienda
DelMar
Beach
Park #4
Chess Park
Airport
Park
Brentwood
(City of Los Angeles)
Venice
(City of Los Angeles)
SMC
Arts
Campus
Santa Monica
Swim Center
Annenberg
Community
Beach House
Goose
Egg
Park
P P
P
P P
P P P
P
P
P
P
P
P
P
P P
P
P P
P
P P

P P P P P P
P P

LINCOLN BLVD LINCOLN BLVD WILSHIRE BLVD SANTA MONICA BLVD WILSHIRE BLVD SANTA MONICA BLVD

PICO BLVD

OCEAN PARK BLVD

OCEAN PARK BLVD
14TH ST
26TH ST
11TH ST
14TH ST
17TH ST
26TH ST
23RD ST

PRINCETON ST

HARVARD ST

STANFORD ST

CENTINELA AVE
20TH ST
11TH ST
3RD ST
5TH ST
14TH ST EVA NA IG H IC M 20TH ST

CLOVERFIELD BLVD
11TH ST

OCEAN AVE

MONTANA AVE

OLYMPIC BLVDBROADWAY

ARIZONA AVE

CALIFORNIA AVE

WASHINGTON AVE

IDAHO AVE

ALTA AVE

MARGUERITA AVE

CARLYLE AVE

GEORGINA AVE

SAN VICENTE BLVD

COLORADO AVE

MONTANA AVE

OLYMPIC BLVD

BERKELEY ST

MAIN ST
4TH ST
6TH ST
7TH ST

PEARL ST

EXPOSITION BLVD

NEILSON WAY
16TH ST
17TH ST

OCEAN PARK BLVD

PEARL ST
17TH ST
23RD ST
28TH ST

STEWART ST

SANTA MONICA BLVD
14TH ST
17TH ST
26TH ST
20TH ST
11TH ST
5TH ST
14TH ST EVA NA IG H IC M
11TH ST

OCEAN AVE

BROADWAY

ARIZONA AVE

STEWART ST
31ST ST
7TH ST
4TH ST

LINCOLN BLVD LINCOLN BLVD WILSHIRE BLVD SANTA MONICA BLVD WILSHIRE BLVD SANTA MONICA BLVD

PICO BLVD

OCEAN PARK BLVD

OCEAN PARK BLVD
14TH ST
26TH ST
11TH ST
14TH ST
17TH ST
26TH ST
23RD ST

PRINCETON ST

HARVARD ST

YALE ST

STANFORD ST

CENTINELA AVE
20TH ST
11TH ST
3RD ST
5TH ST
14TH ST EVA NA IG H IC M 20TH ST

CLOVERFIELD BLVD
11TH ST

OCEAN AVE

MONTANA AVE

OLYMPIC BLVDBROADWAY

ARIZONA AVE

CALIFORNIA AVEWASHINGTON AVEIDAHO AVEALTA AVEMARGUERITA AVE

CARLYLE AVEGEORGINA AVE

SAN VICENTE BLVDCOLORADO AVE

MONTANA AVE

OLYMPIC BLVD

BERKELEY ST

FRANKLIN ST

MAIN ST
4TH ST
6TH ST
7TH ST

PEARL ST

EXPOSITION BLVD

NEILSON WAY
16TH ST
17TH ST

OCEAN PARK BLVD

PEARL ST
17TH ST
23RD ST
28TH ST

STEWART ST

SANTA MONICA BLVD
14TH ST
17TH ST
26TH ST
20TH ST
11TH ST
5TH ST
14TH ST EVA NA IG H IC M
11TH ST

OCEAN AVE

BROADWAY

ARIZONA AVE

STEWART ST
31ST ST
7TH ST
4TH ST
Employment centers and institutions/schools
Other commercial
Areas requiring highest level of investment in pedestrian accommodation, and where building design should be most oriented to transit.

Highest goal
Higher goal
Updated 10-15-2009
MILES
Demand Management Districts
City of Santa Monica
Land Use and Circulation Element
N
0 0.25 0.5
District wide mode split goal
Major transit stop zones
Largest concentration of employees, students and transit ridership Light Rail Station
Disclaimer:

This map of the City of Santa Monica has been provided
for illustration purposes only. Every reasonable effort has been made to ensure the accuracy of the maps provided,
however, some information may not be accurate. The City of Santa Monica ("City") provides this map on an "AS IS" basis. The City assumes no liability for damages arising from errors or omissions. THE MAPS ARE PROVIDED WITHOUT
WARRANTY OF ANY KIND, either expressed or implied,
including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this map before
validating your decision with the appropriate City office.

10.B.e
Packet Pg. 766 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First c i r c u l a t i o n

4.0 - 60 | S A N T A M O N I C A L U C E
Employers can be part of a TMO that helps fund transportation improvements that benefit a large number of Santa Monicans.

Office, Commercial and Other
Employment Uses
Location
Clustering employment near regional transit,
in walkable neighborhoods and near localserving retail can cut peak period vehicle trip generation rates by half.

Transportation Management Organizations
The LUCE emphasizes the formation of
Transportation Management Organizations
(TMOs) or other entities that can help manage
parking and encourage walking, bicycling,
transit and carpooling at a district-wide
level. The City may leverage some of its
transportation funding—including fees—
through these organizations for improvements
that benefit the larger area. This could result
in increased bus service, new pedestrian
improvements, or bicycle facilities.

Parking Pricing
The true cost of parking should be made visible
to employees either through direct, daily
parking charges or parking cash-out programs.

In parking cash-out programs, employees
who drive may park for free, but employees
who choose not to drive are given the cash
value of the parking they do not use. In this
way, transportation as a whole is treated as an
employee benefit, and all employees receive
the same benefit, regardless of how they get
to work. Parking cash-out programs should be
structured to reward employees who leave their
car at home at least one day a week. Together,
parking pricing and location have a greater
impact on employee travel behavior than all
other TDM programs combined—reducing
trips by up to 16 percent—in part because
they increase the effectiveness of all the other
programs. In retail districts, setting the price
of parking so that customers can always find
a space can reduce traffic by as much as 30
percent by eliminating circling around blocks
searching for a parking space. As detailed in
the Parking section, it is essential that paid
employee parking does not result in spillover
parking into residential neighborhoods; tools
for eliminating spillover are addressed in the
next section.

Transit Passes
When an employer purchases free transit
passes for all employees—or when an
employee ID card is also valid as a regional
transit pass—the transit ridership impact is
greater than merely providing free or discount
passes to regular transit users. Pass programs
available to all employees encourage those
who have never taken transit to try it, and this
way, they may become regular riders. To be
most effective, transit passes should cover
both Big Blue Bus as well as Metro. Such
transit pass programs could reduce employee
commute trips by 8.5 percent or more.

Tailored Transit
Many large employers provide dedicated
shuttles to regional transit hubs and places
where high concentrations of their employees

10.B.e
Packet Pg. 767 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First c h a p t e r 4 . 0
S A N T A M O N I C A L U C E | 4.0 - 61
Transit passes can help encourage employees and students to utilize services like the Big Blue Bus.

Appropriately priced and located public parking areas
contribute to the effectiveness of other TDM efforts. This photo is of a real-time message board in San Francisco.
live. Many of these shuttles offer a high-quality
work environment, including wireless internet
access. In Santa Monica, the TMOs could
organize specialized employee shuttles.

Carpool and Vanpool Programs
Given the region’s sprawling land use pattern,
carpooling and vanpooling will remain a
popular choice for long distance commuters
and along corridors that transit does not serve
well. The TMOs can help organize carpools and
vanpools, and provide subsidies.

Personalized Travel Assistance
Given the confusing array of options many
employees drive to work merely because the
alternatives are too difficult to understand.

By providing direct, tailored assistance to
employees, all TDM programs can be more
effective.

Residential
Location and Density
As with commercial development, location
has the largest influence on residential
vehicle trip generation, with homes near
transit, in walkable neighborhoods and near
local services generating far fewer trips than
homes in isolated locations—as much as 50
percent fewer during peak periods. Density
also matters, with vehicle trip generation
rates declining sharply as density increases,
particularly in walkable neighborhoods.

Local Services
Putting all the needs of daily life within Santa
Monica’s neighborhood commercial districts
is key to reducing traffic caused by residents.

Only 20 percent of trips from a typical home
are for work—the other 80 percent are for
errands, shopping, school, recreation and other
purposes. Maintaining a rich array of services
within walking distance has a large impact on
travel behavior.

Parking Management
Separating the cost of parking from the cost of
housing allows residents to decide how much
parking they will need and helps to create
affordable housing options. Separating these
costs also influences travel behavior, largely
because it encourages families with fewer cars
to move to Santa Monica by offering housing
discounted by the cost of parking. Better
management of residential on-street parking so
that residents can always find a space on their
block may also reduce traffic significantly by
eliminating the need to circle around the block
for a space.

Transit Passes
Universal transit passes could be provided to
residential developments or neighborhoods
through resident associations or assessments.

Examples of places this has been implemented
include Santa Clara, California and Boulder,
Colorado.

10.B.e
Packet Pg. 768 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First c i r c u l a t i o n

4.0 - 62 | S A N T A M O N I C A L U C E
Schools
Safe Routes to School Programs
By combining physical improvements to
increase the safety of walking and bicycling,
along with classroom training, Santa Monica
can cut vehicle trips by as much as half at its
elementary, middle and high schools.

Transit Passes
Particularly at Santa Monica High School and
Santa Monica College, turning student ID cards
into universal transit passes could significantly
reduce vehicle trips, (even more so than at
employment centers).

Parking Management
The City could work with the SMMUSD
to incorporate parking as a tool for traffic
management. Additionally, money spent
subsidizing parking is money that could
otherwise go for educational purposes.

People who use parking could pay for the
land, construction, maintenance and other
operational costs of providing parking.

Other Programs
Transit information, tailored school shuttles,
and covered, secure bicycle parking are among
the other programs Santa Monica may provide
to reduce vehicle trips at its schools.

School programs and physical improvements can cut auto trips by as much as half.

10.B.e
Packet Pg. 769 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First c h a p t e r 4 . 0
S A N T A M O N I C A L U C E | 4.0 - 63
Safe Routes to School. In the morning peak period there are pockets of severe congestion around local schools. Safe Routes to Schools programs are designed to prevent congestions by increasing walking and bicycling for students of all ages.

GOALS AND POLICIES
GOAL T19: Create an integrated
transportation and land use program that
seeks to limit total peak period vehicle trips
with a Santa Monica origin or destination to
2009 levels.

POLICIES:

T19.1 Develop land use policies that focus
development potential in locations best served
by transit.

T19.2 Impose appropriate Transportation
Demand Management (TDM) requirements for
new development.

T19.3 Create incentives for existing
employers, institutions and residential
neighborhoods to reduce their vehicle trips.

T19.4 Encourage a mix of land uses that
meet residents’ daily needs within walking
distance.

T19.5 Encourage local-serving retail uses
within walking distance of housing, particularly
in new mixed-use neighborhoods, such as
Bergamot Transit Village and Memorial Park
Activity Center.

T19.6 Develop community benefits incentives
so that new development will contribute
toward improving surrounding neighborhoods.

T19.7 Perform a nexus study and implement a
transportation impact fee to mitigate negative
transportation impacts of new development.

T19.8 Establish a system of transportation
performance measures, regularly track
performance of the system according to these
measures, report results to the public and
suggest remediation as necessary.

T19.9 Strengthen the Transportation
Management Ordinance to further reduce trips
generated by existing employees.

GOAL T20: Manage the transportation
system to prioritize flexibility, cost
effectiveness and accountability.

POLICIES:

T20.1 Develop and implement clear
transportation performance measures that
will be publicly reported on a regular basis to
help City staff, elected and appointed officials,
residents, and other stakeholders understand
the components of the transportation system
that are working well and where improvements
are needed.

T20.2 When balancing the needs of different
modes of transportation, consider person
capacity and person delay over vehicle capacity
and vehicle delay.
denotes sustainable policy

10.B.e
Packet Pg. 770 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First

4.0 - 64 | S A N T A M O N I C A L U C E
g o a l s a n d p o l i c i e s : c i r c u l a t i o n Evaluating performance measures—such as intersection
capacity—will help determine how well the transportation system is operating.

Carpools and vanpools are powerful tools to reduce congestion.

T20.3 When considering transportation
investments, emphasize lifecycle costing,
considering the operating costs and annualized
capital costs and comparing these to the
benefits to new and existing users.

T20.4 When considering transportation
investments, consider latent demand,
particularly for roadway capacity increases, and
evaluate future expandability and flexibility.

T20.5 Recognize quality and maintenance as
important priorities.

T20.6 Foster the success of Transportation
Management Organizations (TMOs) in the
City’s commercial districts, and leverage
transportation funds through the TMOs.

GOAL T21: Use all available tools to
make the most effective possible use of the
transportation system.

POLICIES:

T21.1 Regularly update the TDM requirements
for new development.

T21.2 Consider eliminating direct and
hidden subsidies of motor vehicle parking and
driving, making the true costs of parking and
driving visible to motorists.

T21.3 TDM program requirements shall be
triggered for new development consistent with
the LUCE performance standards.

T21.4 Seek to fund TDM programs through
transportation related fees such as Transportation
Management Ordinance fees and parking fees.

T21.5 Strive to implement measures to minimize
the time motorists spend searching for parking
through way-finding and pricing parking to create
availability.

T21.6 Consider parking pricing and
commuter parking limits as tools for managing
congestion.

T21.7 New multi-family and nonresidential
developments should be incentivized to construct
facility design elements that will enable price
control for parking.

T21.8 Seek methods to use parking revenue
to support travel by transit, bicycle, walking and
other modes.

T21.9 Consider modifications of existing
facilities to support changes in demand, for
example, replacing auto parking with bicycle
parking as bicycle use grows.

T21.10 Continue to strengthen the marketing
and promotion of non-auto transportation to
residents, employees and visitors.

T21.11 Continue to invest in information
technology to help improve access to all
transportation choices.

10.B.e
Packet Pg. 771 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First c h a p t e r 4 . 0
S A N T A M O N I C A L U C E | 4.0 - 65
Dedicated car-share parking spaces in convenient locations can help incentivize decreased private automobile ownership in Santa Monica.

The LUCE promotes alternatives to driving to work.

ACTIONS
Establish and regularly update mode split
targets for each Demand Management District
and the City as a whole, and develop strategies
to achieve those targets.
Facilitate the formation of Transportation
Management Organizations (TMOs), Business
Improvement Districts, or other organizations
to help manage vehicle trips at a local level.
Explore and develop feasible approaches to
unbundling the cost of parking from the cost of
housing for new multi-family projects.
Regularly update the City’s TDM program
and evaluate the following for possible
implementation:
Bike-transit centers with bicycle parking,
bike rentals, bike repair shops, lockers,
showers and transit information and
amenities (such as maps, schedules, and
sales of fare media like monthly passes)
Bikesharing Program, with public bicycle
rentals located throughout the City
Carsharing Program
TMOs to provide TDM programs and
coordinate parking management activities
for distinct sub-areas of the City
The provision by employers, institutions or
residents’ associations of Universal Transit
Passes for Big Blue Bus and Metro
Safe Access to Transit Program to provide
safer bicycle and pedestrian access to
transit stops
Vanpool and carpool ride-matching
services for TMOs and employers, including
customized, real-time, online tools
Mobility Centers located in each TMO
that create a one-stop shopping center for
residents, employees, and visitors to get
information on travel options
Methods of monitoring TDM programs to
ensure that each TMO or employer meets
specified trip reduction targets
While evaluating the car-sharing program,
consider approaches to increase car-sharing,
such as:
New development providing “right-of-firstrefusal” to parking spaces for car-sharing organizations and the City, and
Providing public on- and off-street spaces
to qualified car-share operators for little or
no charge.

10.B.e
Packet Pg. 772 Attachment: June 5, 2013 Zoning Ordinance Update: Transportation Demand Management (5845 : First

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10.B.f
Packet Pg. 773 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 782 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 783 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 785 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 786 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 787 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 788 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 791 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 792 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 797 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 798 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 799 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 800 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 804 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

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Packet Pg. 808 Attachment: April 14, 2015 Study Session on the Draft Zoning Ordinance, Proposed Land Use and Circulation Element Amendments, Draft

Santa Monica City CouncilJune 11, 2024

Santa Monica City Council
June 11, 2024