(Adopted December8, 1995)(Amended March 8, 1996) (Amended November8, 1996) (Amended October9, 1998)

RULE 2202

- ON-ROAD MOTORVEHICLE MITIGATION OPTIONS

(a) Purpose The purpose ofthis Rule is to provide employers with a menu of options to reduce mobile source emissions generated from employee commutes, to comply with federal and state Clean Air Act requirements, Health & Safety Code Section 40458, and Section 182(d)(1)(B) ofthe federal CleanAirAct.
(b) Applicability Effective June 19, 1998, this rule applies to any employerwho employs 250 or more employees on a full or part-thne basis at a worksite for a consecutive six-month period calculated as a monthly average, except as provided in subdivision (1) ofthis rule.
(c) Sunset Provision This rule shall be rescinded at suchtime thata replacementmeasure is implemented which produces an equivalent level ofemission reductions and such emission reductions are real, quantifiable, and surplus relative tothe most recently adopted state implementation plan.
(d) Defmitions Forthe purpose ofthis Rule, the following definitions shall apply: (1) AIR QUALITY INVESTMENT PROGRAM (AQIP) is an emission reduction option, in which monies collected by the District from employers
are used to fund mobile source emission reduction programs that have been approved bythe District’s Governing Board. (2) ALTE~ATP~ FUEL VEHICLE is any vehicle powered by natural gas (NG), methanol, propane, liquefied petroleum gas (LPG) or electricity thathas been certified and/or approved by the California Air Resources Board

(CARE) to have met the transitional low-emission vehicle (TLEV’), lowemission vehicle (LEV), ultra-low-emission vehicle ((JLEV), or zeroemission vehicle (ZEV) emissions standards. (3) EMISSION REDUCTION TARGET (ERT) is the annual VOC, NOx, and CO emissions required to be reduced based on the number ofemployees per worksite and the employee emission reduction factor, determined in accordancewiththe provisions ofsubdivision (e) ofthis rule. (4) EMPLOYEE is any person employed by a person(s), firm, business, educational institution, non-profit agency or corporation, government or other entity. The term exempts the following in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (amended October 9, 1998) seasonal employees; temporary employees; volunteers; field personnel; field construction workers; and independent contractors. (5) EMPLOYER is any person(s), firm, business, educational institution, non profit agencyorcorporation, government agency, orother entitythat employs 250 or more employees. Several subsidiaries or units that occupy the same work site and reportto one common governing board or governing entity or thatfunction as one corporate unitare consideredto be one employer. (6) MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) are real, quantifiable, emission reductions, in accordance with the California Air Resources Board’s Mobile Source Credit Guidelines, approved by the Executive Officer or designee, that can be used to comply with District Regulations, as authorized by Regulation XVI, Mobile Source Offset Programs. (7) NITROGEN OXIDES (NOx) are nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide. (8) PEAK

### COMMUTE TRIP is any employee trip from home to work occurring duringthe peakwindow. (9) PEAK WINDOW is the period oftime, Monday through Friday between the hours of 6:00 AM and 10:00 AM, and used in calculating the vehicle trip emission credit. (10) PERFORMANCE TARGET ZONE is a geographic area that determines the employee emission reductioii factor for a particular worksite pursuant to the map inAttachment I ofthis rule.

2202 -2(11) REMOTh SENSING is an emissions reduction strategy in which grosspolluting vehicles are identified by exhaust gas analyzers. Remote sensors measure absorption changes in the infrared or ultraviolet light spectrum and correlate that change to exhaust emissions levels. Emissions reductions resulting from the subsequent repair ofthe identified vehicles can be used to meet the emission reduction target according to the provisions ofparagraph (f)(l), which allows creditsthrough RegulationXVI. (12) SCHOOL DISTRICT means a public agency of the state that is a school district of every kind or class except a community college district, and shall include a County Office ofEducation. (13) VEHICLE TRIP EMISSION CREDITS (VTEC) are the emission reductions that resultfrom the reduction ofpeak commutetrips; otherwork related trips; alternative fuel vehicles; or other District approved method; expressed in pounds peryearper pollutant, and determined according to the provisions of subdivision (g) ofthis rule. (14) VOLATILE ORGANIC COMPOUND (VOC) is any volatile compound of carbon, excluding: methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined in District Rule 102. (15) WORKSITE means a structure, building, portion ofa building, or grouping of buildings that are in actual physical contact or are separated solely by a private orpublic roadwayor otherprivate orpublic right-of-way, and that are occupied by the same employer. Employers may optto treat more than one structure, building or grouping ofbuildings as a single worksite, even ifthey do not have the above characteristics, if they are located within a 2 mile radius and are in the same Perfomiance TargetZone.
(e) Requirements An employer subject to this Rule shall annually register with the District beginning within 90 days ofreceipt ofnotification to implementan emission reduction program to reduce emissions related to employee commutes and to meet a worksite specific emission reduction target (ERT) specified forthe subsequent year. The annual ERT shall be determined according to the following equation, for VOC, NOx, and 

## CO, based on employee emission reduction factors specified in paragraph (m)(1) ofthis rule.

2202 -3

## [Red~”l

=

# E[ Employees

# 1 x[Em~03~~ Emissioni

# 1—E Vehicle Trip



# [ (lbs I year) 

# J L L J L Reduction Factor ~j LEmission Credit

Where: Employees

= Average daily number of employees reporting to work in the

Peak Window for a typical Monday through Friday period excludingthoseweeks which include anational holiday.
Employee Emission Reduction Factor

= Determined by year of the registration submittal and the

worksite Performance Target Zone in paragraph (m)(l) of this nile. Vehicle Trip Emission Credits

= Determined according to subdivision (g) ofthis rule.
(f) On-Road Vehicle Mitigation Options Employers shall use credits generated pursuant to one or more of the following emission reduction optionsto meettheir Emission Reduction Target (ERT): (1) Mobile Source Emission Reduction Credits Anypersonmay implement amobile source offsetprogram in accordance withthe provisions ofRegulationXVI such as Old Vehicle Scrapping, Clean On-RoadVehicles, Clean Off-Road Mobile Equipment, and Remote Sensing. (2) Emission Reduction Credits (ERC) from Stationary Sources Anyperson may electto use Emission Reduction Credits (ERC) generated from stationarysources afterJanuary 1, 1996, in accordancewiththe provisions ofRegulation XIII. (3) AirQuality Investment Program (AQIP) Notwithstanding other provisions ofthis rule, employers may participate in the air quality investment program by submitting an airquality investment, to be placed in a restricted fund in accordance with Rule 311

— Air Quality Investment Program (AQIP) Fees. The District shall use these funds to obtain an emission reduction or air quality benefit that is equivalent to the sum ofthe ERTs for all participating employers intheAQIP.

2202-4(4) Other Emission Reduction Strategies Notwithstanding the foregoing provisions, any employer may receive credit toward its ERTforany emission reduction strategythatthe employerorother person demonstrates to the Executive Office achieves real, quantifiable, enforceable, and surplus emission reductions for a discrete period oftime. Such strategies may include, but are not limited to, the reduction ofnon-work trips, other vehicle or engine accelerated turnover programs, investments in clean fuel infrastructure, clean fuel fleet purchases or conversion as specified in Regulation XVI, the provision of new vehicle purchase subsidies or discounts, and local community or development projects that reduce trip or energy demand or that expand clean fuel or high-occupancy travel options. The Executive Officer shall not approve an alternative emission reduction program unless it is consistent with other District regulations and Governing Board policies, and shall consider guidelines established bythe CaliforniaAir Resources Board andthe Environmental ProtectionAgency.
(g) Vehicle Trip Eniission Credits (VTEC) Employers may electto implement any ofthe following strategies and obtain vehicle trip emission credits that can be applied towards their ERT. Such actions are at the sole discretion ofthe employer. (1) Peak Commute Trip Reductions Employers may receive VTEC from employee commute reductions that
occur during the peak window in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (amended October 9, 1998). VTEC obtained from peak commute trip reductions shall be determined according to the following equation:

VTEC

=

# r Creditable Commute 

# 1 ~ F Emission

Lvehicle Reductions (CCVR)

# J L Factor (EF) V/here: CCVR

= The daily average oftotal commute vehicle reductions that are

real, surplus, and quantifiable. EF

= Emission Factorin paragraph (m)(2) ofthis rule.

2202

- 5In calculating VTEC for the subsequent year, employers may utilize data from previous years obtained by one of the following methods, with the exception of (C), provided that employers maintain programs that would reasonably be expected to achieve an equivalent level of reductions during the subsequentyear: (A) Default data based on the weighted average ofthe average vehicle ridership surveydata ofthe previous three consecutiveyears, or (B) Data obtained by conducting an average vehicle ridership survey in accordance with the Rule 2202

- Commute Reduction Program Guidelines, or (C) Databased onthe defaultaveragevehicle ridership of 1.10, or (D) Data obtained by an. equivalent methodology approved by the Executive Officerordesignee. (2) OtherWork-Related Trip Reductions Employers may receive additional VTEC from employee commute reductions that occur outside of the peak window or from non-commute vehicle usage calculated as creditable trip reductions and approved by the Executive Officer or designee. VTEC obtained from other work-related trip reductions shall be determined accordingto the following equation:

VTEC

=

# r CreditableTrip Reductions(CTR)

# 1

~

# r Emission 

# [ Conversion Factor (CF) 

# J L Factor (EF) ‘Where: CTR

= The daily average of one-way trip reductions that are real,

surplus, and quantifiable. A round trip is considered to be two one-waytrips. CF

= 2.0 for PeakWindowtrips; 2.3 for othertrips. EF Emission Factorin paragraph (m)(2) ofthis rule. (3) Alternative Fuel Vehicles Employers may receive VTEC for the use of alternative fuel vehicles (original equipment manufacturer (OEM) or converted) for commute or other work-related trips, in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (amended October 9, 1998) and according to thefollowing formula:

2202

- 6VTEC

= [VT(NGs)jx[0.83jx[EFj

+ 

### [VT(Ms)jx[o.80jx[EF]

+ 

### [VT(Ps)jx{0.80Jx{EF]

+ [VT(ZEVs)] x

## { EF] Conversion Factor (CF)

Where: VT(NGs)

= Daily Average Number of Vehicle Trips from natural gas

vehicles VT(Ms)

= Daily Average Number ofVehicle Trips from flexible fuel

vehicles operated on Methanol VT(Ps)

= Daily Average Number of Vehicle Trips from Propane or

LPG vehicles VT(ZEVs)

= Daily Average Number of Vehicle Trips from ZeroEmission Vehicles EF

= Emission Factorfrom paragraph (m)(2) ofthis rule. CF

= 2.0 for PeakWindowtrips; 2.3 forothertrips. (4) Vehicle Miles Traveled (VMT) Reduction Programs Subject to approval of the Executive Officer or designee, employers may electto implementVMTreductionprograms and receive VTEC towards their ERT. Reduction of annual employee commute VMT 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 offer any VTEC for a VMT reduction program unless it includes baseline VMT estimates and demonstrates that VMT reductions result in real, quantifiable, and surplus emission reductions. (5) Parking Cash-Out Program Employers may elect to implement a Parking Cash-Out Program to reduce employee commutes and receive VTEC toward 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. Incorporation ofthe Parking Cash-Out Program as one ofthe options in Rule 2202, does

2202 -7not relieve the affected parties from complying with the provisions of the Health and Safety Code section 43845 (AR 2109-Katz).
(Ii) General Emissions Credit Provisions: The following provisions shall apply to any of the emission credit strategies identified in this rule: (1) An employer or other person seeking credit under this rule may use actual annual mileage pervehicle, or alternative estimates ofvehicle miles traveled (VMT) contained in Rule 2202

- On Road MotorVehicle Mitigation Options Implementation Guidelines (amended October9, 1998). (2) Emission credit strategies that do not provide the precise amount ofsurplus emission reductions required foreach ofthe three pollutants addressed bythis rule (VOC, NOx, and CO) may still qualify for equivalent credit if the employerprovides equivalentcredits obtained pursuantto paragraph (h)(3). 

## (~) Anyperson holding surplus emission credits, otherthan vehicle trip emission credits (VTEC), pursuant to this rule may trade some or all of the those credits to otheremployers. (4) Upon the expiration ofthis rule, any unused emission credits may be applied to other emission reduction programs pursuantto and consistent with District rules and regulations.
(i) ProgramAdministration Rule 2202 shall be administered accordingto the following: (1) Employers shall annually registerwith the Districtto implement an Emission Reduction Program for each worksite. Employers shall commence implementation ofthe approved Emission Reduction Program within 60 days of approval by the Executive Officer. The registration shall include the following information: (A) The name ofthe highest ranking company official, the name ofthe contact person, company address, telephone numbers for all participating worksites; (B) The on-road vehicle mitigation option(s) thatwill be used; (C) The total number of employees that report to work in the peak window; (D) The total numberofemployees atthatworksite; and,

2202

- 8(F) Calculations for

## VOC, NOx, and 

## CO emission reductions for any of the on-road vehicle mitigation options in subdivision (f) orthe vehicle trip emission creditoptions in subdivision (g). (2) Annual registration shall include changes in employment base and any other changes that would necessitate adjustment in emission reduction targets or program implementation. (3) Employers may request to amend their Emission Reduction Program at any time and implement the amendments with written approval ofthe Executive Officersubjecttothe criteriacontained in paragraph (i)(l). (4) Rather than registering with the District for each individual worksite, an employer may submit a single registration to implement an Emission Reduction Programthatmeetsthe aggregated ERTofseveral sites. (5) Emission credits obtained pursuant to subdivision (f) or (g) shall be surrendered to the Executive Officer within the first six months of the approval of• the registration forms. The Executive Officer may grant extensions not to exceed six months on a case by case basis upon a finding that earlier compliance would presentan unreé.sonable hardship. (6) Records which document the accuracy and validity of all information submittedto the Districtas required bythis rule shall be kept bythe employer foraminimum ofthree years and made available upon request during normal business hours. (7) On a quarterly basis the Executive Officer shall recommend to the District’s Governing Board the release ofmonies from the AQIP restricted fund. The program shall be administered and consideration ofproposals shall be subject tothefollowing: (A) Proposals shall be accepted on an ongoing basis; (B) Equal consideration shall be given to cost-effective proposals and those that achieve long-term advancement of mobile source technology; (C) The amouiit of emission reductions required to demonstrate equivalent emission reductions shall be determined on a quarterly basis; (D) The allocation of funding shall be recommended for proposals that reduce equivalent emissions within each county proportional to the contribution level of employers within each county to the greatest extentfeasible; and,

2202

- 9(E) The emissions reductions are demonstrated to be real, quantifiable, enforceable, and surplus, in accordance with the Rule 2202 On-Road Motor Vehicle Mitigation Options Implementation Guidelines (amended October9, 1998). (8) Registration forms submitted by employers shall be subject to the fee schedule set forth in Rule 308

— On-Road Motor Vehicle Mitigation Options Fees and Rule 311

—. Air Quality Investment Program (AQIP) Fees. Employers choosing to implement the Employee Commute Reduction Program under paragraph (l)(3) shall be subject to the fee schedule set forth inRule 308. (9) Any employer subject to Rule 2202 or to the exemptions ofparagraph (1)(3) ofthis rule shall comply with the requirements of Rule 701

— Air Pollution Emergency ContingencyActions.
(j) PreviouslyDelegated Programs Any employer that is in compliance with an ordinance adopted by a local. government that has a trip reduction ordinance that was approved by the District prior to the effective date of this rule, and that has an existing memorandum of agreementwith the District, shall be deemed in compliance withthis rule.
(k) Delegationto Local Governments The District may delegate authorityto implement all orpart ofRule 2202, exceptfor the provisions of paragraph (f)(3), to any local government that satisfies the following criteria: (1) The local government adopts an ordinance that is at least as stringent as Rule 2202 inthe following areas: (A) Applicability; (B) Emission reductions target; (C) Vehicle trip emission credit calculations; (D) Annual registration; and (E) Recordkeeping. (2) The local government demonstrates to the satisfaction of the Executive Officerthat: (A) It has an implementation plan providing adequate resources to adopt and enforcethe ordinance; and

2202

- 10• (B) Multiple site employers with more than one regulated worksite in the District have the option ofcomplying with the District rule instead of the local ordinance. (3) The local government has executed a Memorandum of Understanding with the Executive Officer specifying the procedures to monitor and review performance of the local government in implementing the program, and procedures for revocation of delegation ifthe Executive Officer determines thatperformance ofthe local governmentis inadequate.
(1) Exemptions (1) Employee Threshold Any employerwhose employee population attheworksite decreases to fewer than 250 employees forthe prior consecutive, six month period, calculated as a monthly average; or fewer than 33 employees are scheduled to report to work Monday through Friday between 6-10 AM forthe prior consecutive 90 days, may submit awritten requestto the Executive Officer or designee to be exempted from this rule. Employers must submitaregistration form not later than 90 days after they know or should have known that they no longer qualifyforthis exemption. (2) Declared Bankruptcy An employer who has declared bankruptcy, for the official business or governmental operations of its organization or company, through ajudicial court filing and confirmation process, may request the Executive Officer to grant atemporary waiver from complying with the requirements ofthis rule. Upon demonstration of the filing and confirmation of bankruptcy, the Executive Officerwill grant an exemption forthe duration ofbankruptcy, not to exceedtwo (2) years, from the date ofthe waiver. (3) Employee Commute Reduction Program Rather than comply with the provisions of subdivision (e) of this rule, employers may electto implement an employee commute reduction program that demonstrates conformance with the Employee Commute Reduction Program Guidelines (amended October9, 1998). (A) Performance Goal Employers must provide a program that will be reasonably likely to result in achieving their average vehicle ridership goal within three years. The goals shall be as follows: 1.75 for Performance Target

2202

- 11Zone 1; 1.5 for Performance Target Zone 2; and 1.3 for Performance TargetZone 3. (B) Supplemental Strategies Notwithstanding the above, an employer may elect to supplement its Employee Commute Reduction Program with any strategy listed in subdivisions (f) or (g) in orderto achieve theirgoal.
(4) Renewal Date (A) The currently approved Rule 2202 Employee Commute Reduction Program shall remain in effect until the triennial renewal date. (B) The currently approved Rule 2202 Registration shall remain in effect until the annual renewal date. (5) Primary and Secondary School Districts and Schools A.nypublic orprivate primaryorsecondaryschool districtorschool that busestwo (2) students foreveryone (1) peakwindowemployee atworksites subjectto the rule is exemptfrom Rule 2202, accordingto the following criteria: (A) School districts and schools shall keep records demonstratingthe maintenance ofthis fatio on-site and makethem available upon request bythe Executive Officerordesignee; and (B) On acase bycase basis, the Executive Officerordesignee may approve arequest byaschool district orschool to modifythe default student-to-employee ratio to reflect location, trip length and other school district orschool specific busing program characteristics in orderto maintain equivalencywith emission reductions which would
occur ifthe district orschool met its emission reduction goals under Rule 2202; and (C). The Executive Officermayperiodicallyupdate and publish the defaultstudent-to-employee ratio to reflectchanges to revised emission factors published bythe CaliforniaAirResources Board. School districts and schools may opt notto be exempt butto implementa Rule 2202 program and claim creditfor surplus emission reduction credits earned through astudent busing program and other Rule 2202 compliance options. (6) Primaryand Secondary School District Financial Hardship

2202

- 12Due to theirfinancial hardship, notwithstandingthe criteria ofparagraph 

### (l)(5), school districtsthathave received aNegative or Qualified Certification status from their CountyBoard ofEducation pursuantto Chapter6, Part24 of Division 3 ofthe Education Code, deemingthatbased upon current projections the school districtorcountyoffice ofeducation will not ormay not meet its financial obligations, mayrequestthe Executive Officerto grant
atemporary exemption fromthe requirements ofthe rule. The Executive Officershall grantatemporaryexemptionforthe period during which the Negative or Qualified Certification status applies.
(m) Emission Factors The following emission factors, which shall be used in calculations pursuant to this rule, are based on California Air Resources Board’s EMFAC 7F emission factor model and BURDEN iF vehicle activity model. These emission factors shall be revised upon publication by the California Air Resources Board offinal revised emissionfactors. (1) Employee Emission Reduction Factors The following employee emission reduction factors (pounds peryear per employee) shall be used in determiningthe Emission Reduction Targetwith respecttothe worksite Performance TargetZone. The Performance TargetZone is determined bythe worksite location withinthe geographic boundaries as described inAttachment I and the Rule2202

- On-Road MotorVehicle Mitigation Options Implementation Guidelines (amended October9, 1998).

Employee Emission Reduction Factors for Performance TargetZone2 Employee Emission Reduction Factors for Performance Ta et 1

64.23 58.07 51.51 45.35 42.27 39.19

2202

- 136.45 5.84 5.12 4.40 4.10 3.79

4.51 3.99 3.58 3.07 2.87 2.56 4.83

4.42 4.11 3.80 3.39 3.08

3.29 3.08 2.88 2.57 2.36 2.16 49.86

45.14 40.01 35.19 32.83 30.37

34.58 31.29 27.70 24.42 22.78 21.03

17 13 132 15 12 117 13 11 103 12 10 96 11
(3) The emission factors in paragraphs (m)(1) and (m)(2) may be modified to site specific emission factors reflecting vehicle age and trip length characteristics ofthe employee vehicle fleet, in accordance with the calculation procedures included in Rule 2202

- On-Road Vehicle Emissions Mitigation Options Implementation Guidelines. Employee Emission Reduction Factors for Performance Ta etZone 3

(2) The following default emission factors (pounds per year per daily commute vehicle) may be used in determining vehicletrip emission credits.

Emission Factors

‘~“~ ~t(VTFC)


## 9 19 14 145

9 89

2202-14ATTACBMENT I
PERFORMANCE TARGETZONES

13~

LOB B Zone2
H

~ Pacific Ocean 

## /

c~I~
6

• A worksite’s Performance Target Zone depends on its location.

• Zone 1 is the Central City Area of Downtown Los Angeles within the District’s Source/ReceptorArea 1.

• Zone 2 corresponds to the District’s Source/Receptor Areas 2 through 12, 16 

### through 23, 

### and 32 through 35, excluding the Central CityArea.

• Zone 3 corresponds to the District’s Source/Receptor Areas 13 through 15, 24 through 31, and36through38.

2202-15