RULE 9410 EMPLOYER BASED TRIP REDUCTION (Adopted December 17, 2009)

1.0 Purpose

The purpose of this rule is re duce vehicle miles traveled (VM T) from private vehicles used by employees to commute to and from their worksites to reduce emissions of oxides of nitrogen (NOx), volatile organic compounds (VOC) and particulate matter (PM).

2.0 Applicability

. 2.1 The trip reduction and admi nistrative requirements of this rule apply to each employer in the San Joaquin Valley Air Basi n with at least 100 Eligible Employees

at a worksite for at least 16 consecutiv e weeks during the employer’s previous fiscal year, that is located either,

2.1.1 Within an incorporated city with a population of at least 10,000, as determined by the Demographic Res earch Unit of the Department of Finance, or

2.1.2 Within an incorporated city with a population of less than 10,000, as determined by the Demographic Res earch Unit of the Department of Finance, and more than 50 percent of their employees work at least 2,040 hours per year, or

2.1.3 Within the unincorporated area of a county, and mo re than 50 percent of their employees work at least 2,040 hours per year.

3.0 Definitions

3.1 APCO: the Air Pollution Control Officer of the San Joaquin Valley Unified Air

Pollution Control District.

3.2 Attendance at a Marketing Class/Focus Group: (ETRIP measure) Annual attendance by the Employee Transportati on Coordinator at an Employee Trip Reduction program marketing class/focus group provided by the District or its designee.

3.3 “Best Workplaces for Commuters” Recognition: (ETRIP measure) Businesses who, through application to the Best Workplaces for Commuters program, are
found to meet the National St andard of Excellence in commuter benefits can be

included in the national list of Best Workplaces for Commuters. This is a standard created by the Center for Urba n Transportation Res earch and the U.S. Environmental Protection Agency. See www.bestworkplaces.org for more

information.

SJVUAPCD 9410-1 12/17/20093.4 Bicycle Subsidy: (ETRIP measure) Employers pay for all or part of the purchase of a bicycle and/or bicycle improvement s, repair, and storage for Eligible Employees that use these services a nd regularly commute by bicycle, as determined by the employer. The empl oyer must provide information on the ETRIP regarding the monetary value of th e bicycle subsidy a nd the frequency of distribution to Eligible Employees.

3.5 Bicycle Racks: (ETRIP measure) Racks and secure bicycle parking is provided to accommodate Eligible Employees who bicycle to work. The employer must provide secure bicycle pa rking for the foreseeable need of the bicycle

commuters.

3.6 Break and/or Lunch Activities: (ETRIP measure) Employer-sanctioned or employer-promoted activities that may re duce the amount of Eligible Employees going offsite during breaks a nd/or lunches at least tw o times per month. May include activities such as games, movies, etc.

3.7 Carpool: a vehicle occupied by two (2) or mo re potential drivers, sixteen (16) years of age or older, traveling together to thei r worksites or destina tions that eliminates at least a portion of one of their commu te trips. Employers may set minimum eligibility criteria for incentiv es, including qualifying leve ls of ridership and trip

distances.

3.8 CEO Communication: (ETRIP measure) Direct communication by the employer’s CEO to introduce alternativ e commute modes, outline incentives, and encourage participation in a ridesh are program. This mu st occur, at a minimum, on an annual basis. May occur as verbal or written communication.

3.9 Commute Trip: The trip made by an empl oyee from home to th e worksite. The commute trip may include stops between home and the worksite.

3.10 Commute Verification Form: A required questionnaire, distributed by employers to all Eligible Employees, designed to assess employee modes of transportation.

3.11 Commute Verification Period: A period of at least one week, selected by the employer to represent a typical work week . The Commute Verification Period shall not contain a federal, state, or local ho liday, regardless of wh ether the holiday is observed by the employer. Employers w ith a Compressed Work Week schedule may opt to collect employee commute m ode information over a two-week pay period providing that period does not contain a federal, state, or local holiday, regardless of whether or not the holiday is observed by the employer.

SJVUAPCD 9410-2 12/17/20093.12 Comprehensive Bicycle Program: (ETRIP measure) Employer-promoted program which encourages bicycle commuting. This is intended to be a multifaceted program that include s bicycle racks, information (such as bicycle lanes and safety considerations), and a repair kit or tools (such as a tire pump). The employer should also publicize any local Bike to Work ev ents, typically held in May, to its employees.

3.13 Comprehensive Carpool Program: (ETRIP measure) Employer-promoted program designed to encourage the use of existing carpools or the development of new carpools. This is intended to be a multi-faceted pr ogram that includes internal ride matching or personali zed commute assistance, ridesharing information, and resources on how to st art a carpool. The employer should also publicize any local ridesharing events to its employees.

3.14 Comprehensive Vanpool Program: (ETRIP measure) Employer-promoted program designed to encourage the use of existing vanpools or the development of new vanpools. This is intended to be a multi-faceted program that includes information on vanpool availability, benef its of vanpooling, and any incentives offered by the employer or an outside agency.

3.15 Compressed Work Week (CWW): (ETRIP measure) A regular, full-time work

schedule which eliminates at least one round-trip commute trip (both home-towork and work-to-home) at least once every two (2) weeks for participating employees. A CWW schedule must be im plemented in a manner that reduces trips to the worksite, as an alternative to completing the basic work requirement of five eight-hour workdays in one week, or ten ei ght hour workdays in two weeks. CWW examples include, but are not limited to, working three twelve-hour days (3/36) or four ten-hour days (4/10) within a on e week period; or eight ninehour days and one eight- hour day (9/80) within a two week period.

3.16 Discount Transit Passes: (ETRIP measure) Employers pay for part of the cost of commuting by local transit, commuter rail or train for Eligible Employees

that use these services.

3.17 Discounted/Free Meals: (ETRIP measure) Employers provide participating Eligible Employees with meals free or at least fifty (50) pe rcent discounted for their participation in the trip reducti on program. The employer must offer meals to all participating Eligible Em ployees at least once per month.

3.18 Dry Cleaning: (ETRIP measure) Onsite pick up and delivery of Eligible Employees personal laundry through an outside agency.

3.19 Eligible Employee: Any employee that is not defined as an Excluded Employee.

SJVUAPCD 9410-3 12/17/20093.20 Emergency Health and Safety Employee: Any employee that is required to have an authorized emergency response vehicle, as defined by Calif ornia Vehicle Code Section 165, at home on an on-call basis, or any sworn peace officer or firefighter.

3.21 Employee Transportation Coordinator (ETC): An individual or entity appointed by an employer to develop, market, admi nister, and monitor the Employer Trip Reduction Implementation Plan (ETRIP) on a fu ll or part-time basis. An employer with multiple worksites may select worksite-specific ETCs or select one ETC to

serve for all worksites.

3.22 Employer: A person(s), firm , business, education ins titution, government agency, non-profit agency or corporation, or ot her entity which employs persons at a

worksite. Several subsidiaries or units that occupy the same worksite and report to one common governing board or governing entity or that function as one corporate unit are considered to be one employer.

3.23 Employer-Provided Bicycles: (ETRIP measure) Bicycles that are provided by the employer and made available for em ployee use during lunch and breaks.

3.24 Employer Rideshare Event: (ETRIP measure) Employer sponsored events available to all Eligible Employees wh ich promote rideshare opportunities, such

as:

3.24.1 Employee Rideshare Fair that has mu ltiple agencies or resources about alternative transportation in th e vicinity of the worksite.

3.24.2 Presentation on the alternative tran sportation opportunities and services

available to the worksite and benefits of ridesharing. This should be at least a one-hour meeting for all Elig ible Employees or the equivalent.

3.24.3 Week-long Alternative Transportation/ Rideshare event where Eligible Employees are encouraged to try alternative transportation throughout

the week.

3.25 Employer Rideshare Newsletter: (ETRIP measure) An employer-distributed

newsletter that discusses alternative tr ansportation modes, outlines incentives, and encourages participati on in a rideshare program. Must be distributed at least quarterly to all Elig ible Employees. A newsletter should be at least two pages long and be text-driven to provide Eligible Employees with detailed

information about rideshar ing and alternative trans portation. Could be an

electronic newsletter.

3.26 Employer Rideshare/Alternative Transportation Focus Group(s): (ETRIP measure) Meetings conducted at least semia nnually with a sample of Eligible

SJVUAPCD 9410-4 12/17/2009Employees to solicit input on commute be havior, incentives to rideshare, and any constraints to alternative commute modes.

3.27 Employer Rideshare/Alternativ e Transportation Meetings: (ETRIP measure) Semiannual meetings available to all Eligible Employees to help those employees identify those who live in similar areas to foster rideshare

coordination.

3.28 Employer Trip Reduction Implementation Plan (ETRIP): A group of measures implemented by an employer, designed to provide transportation information, assistance, and/or incentives to employees . The purpose of such measures is to reduce mobile source emissions by reducing the number of vehicle miles traveled

to the worksite.

3.29 Employment Agency Personnel: A person em ployed by an employment service or agency who reports to a worksite other than the employment agency’s worksite, under a contractual arrangement w ith a temporary employer.

3.30 External Employee Ride Matching Services: (ETRIP measure) The employer promotes the use of a third-party ridesh are program to help Eligible Employees identify appropriate opportun ities for ridesharing. Employers must promote these services at least annually.

3.31 Excluded Employee: Emergency health a nd safety employees; employment agency personnel; farm workers; fi eld personnel; fiel d construction workers; home garage employees; on-call employees; part- time employees; seasonal employees; volunteers; and employees who do not report to work during the peak period.

3.32 External Guaranteed Ride Home Service: (ETRIP measure) The employer utilizes a third-party service to provide E ligible Employees with a return trip to the point of commute origin , when a need for the retu rn trip arises and the employee participated in ride sharing or alternative trans portation that day. This need, as defined by the employer, may be a personal emerge ncy, an unplanned

situation or business-relate d activities (such as overtim e). The employer needs to indicate if this service would be pr ovided by, rental car, taxi, or by a Transportation Management Associ ation or Organization (TMA/TMO).

3.33 Extra time Off: (ETRIP measure) The employer provides Eligible Employees additional time off for participation in the trip reduction program. This can include, but is not limited to, allowing E ligible Employees to accrue time off for every time they use alternative transportation or ridesharing.

3.34 Farm Worker: Any person employed in the growing of crops, or the raising of

fowl or animals.

SJVUAPCD 9410-5 12/17/20093.35 Field Construction Worker: Any employee who reports directly to work at a temporary field construction site.

3.36 Field Personnel: Employees who spend 20 percent or le ss of their work time per

week at the worksite and either do not re port to the worksite for pick-up of an employer-provided vehicle or do not return to the worksite at the end of the work day.

3.37 Fitness Area and/or Classes: (ETRIP measure) Employer-provided area to exercise during breaks or lunches. Exam ples may include, but are not limited to a fitness area with exercise equipment available for employee use or a room designated for an exercise video or fitn ess instruction during lunch at least once per week. External fitness area or classe s within 1⁄4 mile of the worksite also qualifies.

3.38 Flex Time Schedule: (ETRIP measure) Eligible Employees are permitted to adjust their work hours in order to accommodate alte rnative commute schedules
or arrangements.

3.39 Health Facilities: (ETRIP measure) Services that provide first aid to Eligible Employees including, but not limited to, fi rst aid, onsite nurse, etc. External health facilities within 1⁄4 mile of the worksite also qualifies.

3.40 Healthy Air Living Partner: (ETRIP measure) An employer who registers with the San Joaquin Valley Air Pollution Cont rol District as a Healthy Air Living Partner and remains a part ner in good standing. See www.healthyairliving.com

for more information.

3.41 Home Garage Employee: An employee who is assigned an employer-owned
vehicle for commutes to and from the worksite.

3.42 Independent Contractor: Any i ndividual who enters into a direct written contract or agreement with an employer to perfor m certain services and is not on the employer’s payroll.

3.43 Internal Guaranteed Ride Home Service: (ETRIP measure) The employer directly provides Eligible Employees with a return trip to th e point of commute origin, when a need for the return trip arises a nd the employee participated in ridesharing or alternative transportation that day. This need, as defined by the employer, may be a personal emergency, an unplanne d situation or businessrelated activities (such as overtime). Th is service may be provided by employer vehicle, rental car, taxi, or another employee.

SJVUAPCD 9410-6 12/17/20093.44 Internal Ride Matching: (ETRIP measure) The employer provides rideshare matching service, zip code list or assist ance in finding commute alternatives for all interested Eligible Employees. Info rmation must be updated semiannually.

3.45 Lunch Delivery: (ETRIP measure) Employer-organized lunch delivery at least twice per month available to all Eligible Employees.

3.46 Monetary Incentive: (ETRIP measure) The employer, or other funding sources, provides Eligible Employees with cash subs idies, at least on a quarterly basis, for participation in the trip reduction program. This can include, but is not limited to, providing a monetary incentiv e to Eligible Employees who use alternative transportation a predetermine d, minimum number of times per month or pay period.

3.47 Onsite Bicycle Repair: (ETRIP measure) Services that would allow a bicycle repair person to repair a nd/or tune up employee bicy cles by appointment when Eligible Employees sign up and ag ree to pay for said services.

3.48 Onsite Child Care: (ETRIP measure) Daycare service provided to Eligible Employees. External child car e within 1⁄4 mile of the worksite also qualifies.

3.49 Onsite Food Service: (ETRIP measure) Employer provides an onsite area where Eligible Employees can consis tently purchase meals, such as a cafeteria or lunch

truck service. External food service within 1⁄4 mile of the worksite also qualifies.

3.50 Onsite Break Room and Kitchenette: (ETRIP measure) Eating area for employees

at the worksite that includes at least a sink and a microwave or conventional stove.

3.51 Onsite Transit Information Center: (ETRIP measure) Employer-provided transit information center for general transit info rmation and/or the ons ite sale of public transit passes, tickets or tokens to that worksite’s Eligible Employees. Information must be verified and update d, as necessary, at least quarterly.

3.52 On-call Employee: An employee who is re quired to be on-call for at least 50% of their work time per y ear and the time on-call is subject to the following

conditions:

3.52.1 The employee receives monetary comp ensation for the on-call or standby time; or

3.52.2 Geographic restrictions are placed on employee’s movements, and The extent by which the employee can engage in personal activities during on-call or standby periods is restricted by policy, and The employee can not trade his or her on-call responsibilities with another employee without prior approval from the employer.

SJVUAPCD 9410-7 12/17/20093.53 Part-Time Employee: Any employee who repor ts to a worksite on a part-time basis for fewer than 32 hours per week.

3.54 Peak Period: The time from 6:00 a.m. through 10:00 a.m. on Monday through Friday, inclusive.

3.55 Personalized Commute Assistance: (ETRIP measure) The employer provides personalized assistance such as transit itineraries, carpool matching and personal follow-up to Eligible Employees at l east annually. Examples of ways an employer can provide this servi ce to Eligible Employees are:

3.55.1 Organize carpool/vanpool formation meeting(s).

3.55.2 Assist in identifying bicycle and pedestrian routes.

3.55.3 Assist in identifying park and ride lots.

3.55.4 Assist in providing personalized transit routes and schedule

information.

3.55.5 Provide personalized follow-up assistan ce to maintain participation in the commute program.

3.56 Points Program: (ETRIP measure) Program where Elig ible Employees earn points for each day of participation in the trip reduction program. As defined by the employer, points are redeemed for re wards such as, but not limited to: time off, gift certificates, cash or merchandise.

3.57 Postal Service: (ETRIP measure) Stamps for sale onsite and onsite mail pick up for Eligible Employees’ personal mail. Po st office within 1⁄4 mile of worksite also qualifies.

3.58 Preferential Parking: (ETRIP measure) The employer provides preferential parking spaces for use by Eligible Em ployees when they participate in ridesharing. These spaces must be clear ly posted or marked in a manner that identifies them for carpool or vanpool use only. Of all park ing spaces available for Eligible Employees (not including sp aces reserved for management, visitors, or employer fleet), at least five (5) per cent should be perman ently designated as carpool/vanpool spaces.

3.59 Prize Drawing: (ETRIP measure) Eligible Employees are provided with a chance to win prizes, at least quarterly, for participation in the trip reduction

program.

3.60 Production Worker: An employee whose wage and working conditions at a facility are regulated under Industrial Welfare Commission Wa ge Orders 1-2001 (Manufacturing Industry), 3-2001 (Canning, Freezing, a nd Preserving Industry), or 8-2001 (Industries Handling Products Af ter Harvest) excluding those whose

SJVUAPCD 9410-8 12/17/2009job responsibilities are professional, admini strative, legal, clerical, sales, or accounting.

3.61 Ride Match Bulletin Board: (ETRIP measure) An employer-provided bulletin board available to all Elig ible Employees to voluntarily find rideshare partners. May including a map of the surrounding area and push pins.

3.62 Rideshare and Alternative Tr ansportation Bulletin Boards: (ETRIP measure) A communication tool that displays mate rials that publicizes incentives and encourages participation in a rideshare program. The bulletin board should be in

a location that would be mo st likely viewed by the ma jority of the Eligible Employees. It may be necessary to ha ve more than one bulletin board. The

board should be verified and updated, as necessary, at least quarterly.

3.63 Rideshare Agency Registration: (ETRIP measure) Provide worksite information to a regional rideshare agency and maintain or update information as appropriate and requested by the regional agency.

3.64 Rideshare Flyer: (ETRIP measure) A flyer that provides updates to Eligible Employees on alternative commute m odes and incentives offered by the employer to encourage participation in a rideshare program. The flyer would be one page and may include graphics and short summari es to highlight program basics and updates. Must be distributed at least quarterly to all Eligible Employees.

3.65 Rideshare Orientation for New Employees: (ETRIP measure) Explanation of alternative transportation modes and if applicable, employer incentives to promote and encourage participation in a rideshare program during the employer’s regular orientations for new, Eligible Employees.

3.66 Seasonal Employee: Any employee who is employed for less than 16 consecutive weeks in any fiscal year.

3.67 Shuttles: (ETRIP measure) Employers provide a s huttle for daily work commutes between employer worksites or between transportation stations and

the worksite.

3.68 SOV: Single-Occupancy Vehicle, a vehicle occupied by one person.

3.69 Staggered Work Schedule: (ETRIP measure) The employer selects different start and stop times for departme nts or individuals within the company to promote ridesharing and accommodate public transit.

3.70 Startup Incentive: (ETRIP measure) Designed to reward Eligible Employees who previously commuted via single o ccupancy vehicle by offering a one-time

SJVUAPCD 9410-9 12/17/2009or short-term incentive wh en they begin using ride sharing or alternative transportation on a regular basis.

3.71 Telecommuting Program: (ETRIP measure) A system of working at home, offsite, or at a telecommuting center fo r a full workday. Telecommuting should eliminate the trip to work or reduce the travel distan ce to the worksite by more than 80 percent. The employer should make telecommuting available to at least 10 percent of its Eligible Employ ees excluding production workers, and employees who spend 20 percent or less of their work time per week at the worksite. In making telecommuting available to at least 10 percent of applicable employees, the employer can claim ETRIP points for this measure even if the possible participants do not take advantage of the program. Each participant who

telecommutes should be allowed to tel ecommute at least one day per week.

3.72 Tier One Worksite: A worksite with one hundred (100) to two hundred and forty nine (249) Eligible Employees, for at least 16 consecutive weeks during the previous fiscal year.

3.73 Tier Two Worksite: A worksite with two hundred and fifty (250) or more Eligible Employees, for at least 16 consecutive w eeks during the previous fiscal year.

3.74 Transit Subsidy: (ETRIP measure) Employers pay for all of the cost of commuting by local transit, commuter rail or train for Eligible Employees that use these services. The employer must provide information on the ETRIP regarding the monetary value of the transit subsidy and the frequency of distribution to Eligible Employees.

3.75 Vanpool Subsidy: (ETRIP measure) Employers pay for all or part of the cost of commuting by vanpool for Eligible Employ ees that use these services. The employer must provide information on th e ETRIP regarding the monetary value of the vanpool subsidy and th e frequency of distributi on to Eligible Employees.

3.76 Vehicle Miles Traveled (VM T): The measurement of the total miles traveled by all vehicles in a specified area during a specified time.

3.77 Volunteer: Any individual at a worksite who, of their own free will, provides goods or services without r eceiving any wages, salary, or other form of financial compensation from the employer for services provided.

3.78 Worksite: A location, structure, building, portion of a buildi ng, or grouping of buildings in close proximity in and ar ound which employees work for the same employer. Close proximity means that th e individual buildings making up the group of buildings are no more than one mile from a central work location with the largest number of employees reporting, ar e served by a common circulation or

SJVUAPCD 9410-10 12/17/2009access system, and are not separated by an im passable barrier to pedestrian travel which may include a freeway, flood c ontrol channel, railroad, etc.

4.0 Exemption

An employer with fewer than 100 Eligible Empl oyees at each worksite in the San Joaquin Valley Air Basin is exempt from all provisions of this rule.

5.0 Trip Reduction Requirements

5.1 Employers shall implement an Employer Trip Reduction Implementation Plan (ETRIP) for each worksite w ith 100 or more Eligible Employees. Employers shall implement an ETRIP to meet the applicable point target s specified in Table 1. Employers subject to California Labor C ode Sections 1682 through 1684 or with Eligible Employees (not ex cluded under Section 3.31) pr otected by the Migrant and Seasonal Agricultural Worker Protection Act will be required to comply with Phase 1 and Phase 2 point targets only.

5.2 An ETRIP shall include measures from each of the strategies, gi ven in Table 2, to reach the specified point to tal for each strategy by th e implementation deadlines specified in Table 1. Note that ETRIP strategies are initia lly phased in over a period of three years. The measures chosen to meet the point values specified in

Table 1 shall be listed in the ETRIP as described in Section 6.3.

Table 1: ETRIP Point Targets

ETRIP Tier One

Worksite Tier Two

Worksite Initial Submittal

Deadline Starting Implementation

Total Points Goal 44 66 September 1,

2013 January 1, 2014

Minimum points per strategy Phase 1: Marketing Strategy 6 10 September 1, 2011 January 1, 2012 Phase 1: Program Support Strategy 6 8 September 1, 2011 January 1, 2012

Phase 2: Services and Facilities Strategy 8 10 September 1, 2012 January 1, 2013

Phase 3: Transportation, Alternative Schedule, and Incentives Strategy 14 20 September 1, 2013 January 1, 2014

Additional Points Needed (from any measure or combination of measures, or from points earned by applying ETRIP measures to Excluded Employees or exempt worksites, as described in Section 10 18 September 1, 2013 January 1, 2014

SJVUAPCD 9410-11 12/17/20095.3)

Table 2: Trip Reduction Strategies Phase 1: Marketing Strategy Measures that help increase tr ip reduction program awareness & accessibility. Point

Values

Healthy Air Living Partner 6 Employer rideshare event 5 Employer rideshare and alternativ e transportation meetings 5 Employer rideshare and alternativ e transportation focus group(s) 5

Onsite transit information center 3

Rideshare and alternative tran sportation bulletin boards 3 Attendance at a marketing class/focus group 3 Employer rideshare newsletter 3 “Best Workplaces for Commuters” Recognition 3 Rideshare flyer 1

CEO communication 1 Employer-adopted policy statement supporting employee ridesharing and alternative transportation 1

Rideshare orientation for new employees 1 Register with a local rideshare agency 1 Other measures approved by the District Varies

Phase 1: Program Support Strategy Measures that promote trip re duction program implementation Point

Values

Internal Guaranteed Ride Home Service

For Production Workers 5 For staff who are not Production Workers (i.e., office staff) 5 Internal ride matching 5

Personalized commute assistance 5

Ride match bulletin board 3 External employee ride matching services 3

External Guaranteed Ride Home Service 3 Other measures approved by the District Varies

Phase 2: Services and Facilities Strategy

Measures that increase the con venience of program participation. Point

Values Onsite food service, or with in 1⁄4 mile of worksite 7 Onsite child care, or with in 1⁄4 mile of worksite 7

Showers and/or Lockers onsite 7

Onsite break room and kitchenette 5

SJVUAPCD 9410-12 12/17/2009Electric vehicle recharging 5 Onsite bicycle repair 2

Onsite ATM 2 Onsite vending machines 2 Bicycle racks 2 Health facilities, or within 1⁄4 mile of worksite 2 Employer-provided bicycles 2 Fitness area and/or classes, or within 1⁄4 mile of worksite 2 Lunch delivery 1 Check cashing 1 Direct deposit 1

Break and/or lunch activities 1 Dry cleaning 1 Postal service, or post office w ithin 1⁄4 mile of worksite 1 Onsite picnic tables 1 Maps to local conveniences 1 Other measures approved by the District Varies

Phase 3: Transportation, Altern ative Schedules, and Incentives Strategy Measures that provide options to decrease VMT or encourage trip reduction program participation thr ough monetary based incentives. Point

Values

Compressed work week schedule (can receive credit for one of the following categories, and for only Column A or Column B) A B

At least 75% employee participation rate* 15 8

50% - 74% employee participation rate* 12 6

25% - 49% employee participation rate* 9 4

10% - 24% employee participation rate* 6 2

* For a percentage based on all Eligible Employees, use Column A points. For a percentage based on all Eligible Em ployees except Production Workers, use Column B points. Telecommuting program 9 Comprehensive Vanpool program 8 Comprehensive Carpool program 8 Comprehensive Bicycle program 7

Shuttles 5

Flex time schedules

For Production Workers 3 For staff who are not Production Workers (i.e., office staff) 3 Staggered work schedules 3

SJVUAPCD 9410-13 12/17/2009Monetary incentive 12

Extra time off 7 Vanpool subsidy 5 Transit subsidy 5 Bicycle subsidy 5 Startup incentive 3

Discount Transit Passes 3

Discounted or free meals 3 Preferential parking 1 Points program 1 Prize drawing 1 Other measures approved by the District Varies

5.3 Points for ETRIP measures applied to Excluded Employees or exempt worksites

5.3.1 An employer can earn prorated ETRIP po ints for a worksite by applying ETRIP measures to Excluded Employ ees or exempt worksites. The employer will complete an Extra Points analysis to de termine the total points for measures available to these employees.

5.3.2 Extra points are prorated for each ETRIP measure, up to the assigned point value, as specified in the following equation:

Extra Points = (EE ÷ Tier Threshold) x Points for the ETRIP measure

Where EE = the total employees and for whom an ETRIP measure is applied:

(a) who are Excluded Employees or (b) who work at exempt worksites

Tier Threshold = 100 for Tier 1 Work sites and 250 for Tier 2 Worksites

If (EE ÷ Tier Threshold) is greater than 1.0, substitute 1.0 for (EE ÷ Tier Threshold)

5.3.3 The Extra Points can be applied to a worksite’s ETRIP in the “Additional Points Needed” category onl y (see Section 5.1).

6.0 Administrative Requirements

6.1 Employer Registration

No later than July 1, 2010, or within 180 days after becoming subject to the trip reduction requirements of this rule, whichever is later, em ployers subject to the trip

SJVUAPCD 9410-14 12/17/2009reduction requirements of this rule shall submit a comp lete Employer Registration

form to the APCO.

6.1.1 As part of the complete Employer Registration form, employers shall provide the following information:

6.1.1.1 Employer’s business name and mailing address.

6.1.1.2 Separate identification of each worksite, including location

address.

6.1.1.3 The employer’s designated Employee Transportation Coordinator name(s) and telephone number(s) for each worksite.

6.1.1.4 The total number of employees reporting or assigned to each worksite, the total number of E ligible Employees, and the total number of Excluded Employees.

6.1.1.5 The trip reduction measures from Table 2 that are already in place.

6.2 Employee Notification

Employers shall facilitate the partic ipation of employees and employee organizations in the development of Employer Trip Reduction Programs by providing information to its employ ees explaining the requirements and applicability of this rule to the employer and its worksite(s) prior to or at the time of registration.

6.3 Employer Trip Reduction Implementation Plan (ETRIP)

Employers shall prepare and submit an ETRIP for each worksite to the APCO, according to the schedule in Table 1. E ach ETRIP shall be implemented according to the schedule in Table 1 or 30 days afte r APCO approval, whic hever is later. The ETRIP shall be updated as nece ssary annually thereafter as included in the Annual Report.

6.3.1 The ETRIP shall contain a checklist of the measures chosen from each trip reduction strategy and the point total for each as listed in Section 5.0, according to Table 1 and Table 2.

6.3.2 An employer may submit a single ETRIP that covers multiple worksites

when those worksites are using the same ETRIP measures. If worksites are

SJVUAPCD 9410-15 12/17/2009using differing ETRIP measures, then each worksite should have its own

ETRIP.

6.3.3 The plan shall be signed by the highest ranking responsible official of the employer at the worksite or each work site when a consolidated plan is submitted that covers multiple worksite s. The official shall certify that the information provided is correct and that the comm itments for the

selected measures will be fulfille d according to the implementation schedule in the plan.

6.3.4 Employees shall be notified, in writi ng, of the content, implementation schedule, and availability of the ETRIP at least ten (10) calendar days prior to the submittal of the ETRIP to the APCO.

6.3.5 Employers shall keep records of steps taken to implement measures chosen

to be included in the ETRIP on file for at least five years and shall make the

records available to the APCO and United States Environmental Protection Agency (EPA), upon request.

6.3.6 Employers may modify ETR IP as necessary throughout the year and submit

those revisions to the APCO within 30 days after implementation.

6.3.7 Failure to implement th e measures stated in an APCO-approved ETRIP or failure to comply with the administrative requirements constitutes a

violation of this rule.

6.3.8 The APCO shall act on ETRIPs within 45 days of submittal.

6.3.9 An employer shall revise and res ubmit to the APCO any disapproved plan within 90 days of the disa pproval. Disapproval of a resubmitted plan constitutes a final di sapproval. Failure to submit a revised plan or final disapproval of the revised plan is a violation of this rule.

6.3.10 An employer may appeal any APCO disapproval of its ETRIP pursuant to the procedures listed in Regulati on V (Procedures Before the Hearing Board).

6.3.11 An employer shall revise and resubmit its ETRIP within 90 days of a

final determination that an element of an approved ETRIP violates any provision of law issued by an agency or court with jurisdiction to make

such a determination.

6.4 Commute Verification

SJVUAPCD 9410-16 12/17/20096.4.1 For the calendar year beginning in Ja nuary 1, 2014, and at least annually thereafter, employers shall coll ect information on the modes of transportation used for each Eligib le Employee’s commutes both to and from work for every day of the Commute Verificati on Period, as defined in Section 3.0, using either the Mandato ry Commute Verification Method or a Representative Survey Met hod as described below:

6.4.1.1 Mandatory Commute Verification Method: The employer shall distribute Mandatory Commute Verification Forms to all Eligible Employees and require their completion and return by each Eligible Employee. The em ployer may utilize the example shown in Figure 1, ot her equivalent forms or electronic methods provided or approved by the APCO.

6.4.1.2 Representative Survey Method: The employer may propose an alternative data collection approach that will collect data from a representative sample of Eligible Employees.

6.4.1.2.1 The employer shall submit its sampling methodology to the District 120 days pr ior to the start of the calendar year in which the employer intends to use

the method.

6.4.1.2.2 The APCO shall notify empl oyers of its approval or disapproval of this method w ithin 60 days of receipt.

Figure 1: Mandatory Commu te Verification Form

Commute Verification Fo rm Number: _________________________________Date:_________

Day Monday Tuesday Wednesday Thursday Friday

Worked? Yes No Yes No Yes No Yes No Yes NoArrived towork byLeft workbyArrived towork byLeft workbyArrived towork byLeft workbyArrived towork byLeft workbyArrived towork byLeft workby

Single occupant vehicle, gas motorcycle, etc. Carpool – 2 people Carpool – 3+ people Vanpool (at least 6 people) Public transit, bicycle,

SJVUAPCD 9410-17 12/17/2009pedestrian, electric vehicle, telecommute,compressed schedule nonwork day

6.4.2 Employers shall keep commute verificati on records on file for at least five years and shall make the records ava ilable to the APCO and United States Environmental Protection Agency (EPA), upon request.

6.5 Annual Report

No later than March 31, 201 5, and by March 31 annually thereafter, the employer shall submit a report to the APCO c ontaining the following information:

6.5.1 The results of the Commute Verifica tion for the previous calendar year, including the number of forms distribut ed, the number of forms completed and returned, the total number of trip s to and from wo rk, and the total

number of each commute mode for th e Eligible Employees during the Commute Verification period.

6.5.2 The measures implemented as outlined in the ETRIP and, if necessary, any updates to the ETRIP.

6.6 Changes in the Workforce

6.6.1 Employers who meet the applicability le vel in Section 2.1 after the initial registration deadline of July 1, 2010:

6.6.1.1 Shall register within 180 days to provide the information specified in Section 6.1 a nd shall notify employees per

Section 6.2.

6.6.1.2 Shall conduct Commute Verifi cation in accordance with Section 6.4 starting with the calendar year beginning in January in the first full calenda r year after registration with

the APCO.

6.6.1.3 Shall submit an ETRIP in accord ance with Section 6.3 and the schedule in Table 1 beginning the first full calendar year after registration with the APCO a nd updated as a part of the Annual Report every calendar year thereafter.

6.6.1.4 Shall submit Annual Reports per Section 6.5 for the first full calendar year following th eir Employer Registration

submission.

SJVUAPCD 9410-18 12/17/20096.6.2 Employers who fall below the 100 Eligible Employee level after registering with the District for this rule shall notify the District in writing of their change in status within 90 days of their change in status. 7.0 District Support

The District shall supply Rule 9410 complia nce support materials, services, and tools according to Table 4 below. As appropriate , these will be available via the District website and by contacti ng District offices.

Table 4 Rule Compliance Support Materials to be Provided by the District District-provided Resource Corresponding Employer Requirement Deadline

District webpage and listserv

dedicated to Rule 9410 NA February 1, 2010

Employer Registration Template and online Registration option Section 6.1 May 1, 2010

Guidance and resources: Marketing and Program Support Strategies Marketing and Program Support Strategies,

Section 5.2 March 1, 2011

Training sessions, organized and facilitated by the District, Marketing and Program Support Strategies Marketing and Program Support Strategies, Section 5.2 April 1 – December 1, 2011, with public noticing and outreach at least 30 days before the first training session Electronic ETRIP submittal system Section 6.3 July 1, 2011

Guidance and resources: Services

and Facilities Services and Facilities Strategy, Section 5.2 March 1, 2012

Training sessions, organized and facilitated by the District, Services and Facilities Strategy Services and Facilities Strategy, Section 5.2 April 1 – December 1, 2012, with public noticing and outreach at least 30 days before the first training session

Guidance and resources: Transportation and Alternative Schedules Strategy and Incentives Strategy Transportation,

Alternative Schedules

and Incentives Strategy, Section 5.2 March 1, 2013

Training sessions, organized and facilitated by the District, Transportation and Alternative Schedules Strategy and Incentives Strategy Transportation,

Alternative Schedules

and Incentives Strategy, Section 5.2 First training to be held by April 1, 2013, with public noticing and outreach at least 30 days before the first training

session

Commute Verification Methods templates and online reporting options Sections 6.4 and 6. 5 September 1, 2013

SJVUAPCD 9410-19 12/17/2009Annual Report guidance, resources, and online reporting
system Section 6.5 September 1, 2014

8.0 Compliance Schedule

Employers shall comply with the requirement s of this rule accord ing to the deadlines

indicated for the above sections and summarized in Table 5 below.

Table 5: Compliance D eadline Summary Table Requirement Worksites subject to Trip Reduction Requirements

in 2010 Worksites subject to Trip Reduction Requirements after July 1, 2010 Employer Registration By July 1, 2010 (Section 6.1) Within 180 days of becoming subject to the Trip Reduction Requirements. (Section 6.6.1.1) Employer Trip Reduction Plan (ETRIP) Submit by September 1, 2011, September 2012, and September 2013; and implement by January 1, 2012, January 1, 2013,

and January 1, 2014, respectively. (See Table 1)
Submit revisions as necessary in the Annual Report starting March 31, 2015 and every calendar year thereafter (Section 6.3) Submit every calendar year by January 1 starting in the first full calendar year after registration with the APCO and implement within 120 days.

Include revisions in the Annual Report thereafter. (Section 6.6.1.3)

Commute Verification Once per year, every calendar year starting January 1, 2014

(Section 6.4) Once per year every calendar year starting with the calendar

year beginning in January in the first full calendar year after

registration with the APCO. (Section 6.6.1.2) Annual Report of previous year’s

Commute Verification

results and ETRIP Submit every March 31 starting in 2015

(Section 6.5) Submit every March 31 after the first full calendar year of

Commute Verification (Section 6.6.1.4)

SJVUAPCD 9410-20 12/17/2009