(Adopted November 3, 1989)(Amended June 6, 1992)(Amended June 11, 1993)

(Amended June 10, 1994)(May 12, 1995)(Amended May 12, 1995)

(Amended May 10, 1996)(Amended May 9, 1997)(Amended May 8, 1998)

RULE 308. ON-ROAD MOTOR VEBICLE MITIGATION OPTIONS FEES

(a) Applicability

Provisions of this rulç shall apply to fees assessed for worksite registrations and

filings pursuant to Rule 2202 Oa-Road Motor Vehicle Mitigation Options. Fees

shall be paid for the submission or resubinission of Annual Registrations,

Employee Commute Reduction Programs (ECRP), Annual Analyses, submission

of strategy amendments, •Average Vehicle Ridership (AVR) Certification, and

Software Certification.

(b) Definitions

(1) AMENDMENTS are changes to Rule 2202 registrations, ECRP strategies

which materially affect the implementation of the program or the addition

or deletion of a worksite to multi-site and geographic programs.

(2) EVALUATION is the Disffict’s evaluation of a program resulting in

• approval or disapproval ofthat program.

(3) PROGRAM is any data andlor report required by Rule 2202 On-Road

Motor Vehicle Mitigation Options to be submitted to the District

(4) RESUBMITTAL is any revised program or revised annual analysis

submitted to the District to coffect a disapproved program.

(5) SUBMITTAL is any program provided to the District in accordance with

• Rule 2202 On-Road Motor Vehicle Mitigation Options.

(c) Program Fees

(1) Rule 2202 Registration Fees

All persons submitting a Rule 2202 registration to implement any

compliance option in the rule, except for an ECRP or an AQEP, shall pay

annually, the following fees at the time ofregistration.

(A) Single Site Registrations

Single site programs are subject to a $348.20 per worksite annual

registration fee.

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Rule 308 (Cont.) (Amended May 8, 1998)

(B) Multiple Site Registrations

Multiple site programs are subject to a fifteen percent (15%)

discount or $295.90 per worksite annual registration fee.

(C) Resubmittals and Amendments

Resubmitted and amended registrations shall be subject to an annual

registration fee of $295.90 per worksite.

(2) Employee Commute Reduction Program (ECRP) Fees

All persons electing to submit an ECRP shall pay the following fees at the

time of submittal.

(A) Single Site Submittals

Per Worksite Triennial Program Annual Analysis

500 or more employees $1131.60 $428.60

200 to 499 employees $844.40 $321.40

100 to 199 employees $546.50 $214.30

(B) Multisite and Geographic Program Submittals

Triennial program fees for multiple site and geographic program

submittals are subject to a fifteen percent (15%) discount as

follows:

Per Worksite Triennial Program

500 or more employees $961.90

200 to 499 employees $717.70

100 to 199 employees $464.50

(C) Resubmittals

Per Worksite Triennial Program Annual Analysis

500 ormore employees $565.70 $214.30

200 to 499 employees• $422.10 $160.60

100 to 199 employees $273.10 $107.10

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Rule 308 (Cont.) (Amended May 8, 1998)

(D) Electronic Media Submittals

Persons submitting an ECRP using District-certified electronic

media shall pay the appropriate fee established in paragraphs

(c)(2)(A) and (B), less $107.10 per submittal.

(B) Sites achieving (AVR) Targets

Any employer who achieves their Average Vehicle Ridership

(AVR) target and chooses to file an approved AVR demonstration,

pursuant to Rnle. 2202 ECRP guidelines, in lieu of a triennial

program, shall pay the appropriate annual analysis fee rather than

the triennial program fee.

(F) Program Strategy Amendments

A person submitting an amendment to program strategies consisting

of the deletion or the replacement of any existing program

strategies shall pay a fee of $107.10 for each submittal per

worksite. This fee shall not apply when the amendment consists

solely of additional or enhanced strategies to the program or when

the strategy amendment is submitted at the same time as part of the

• triennial program or annual analysis submittal. Furthermore, any

employer adding or deleting a worksite to a multi-site or

geographic program shall pay a fee of $107.10 per worksite being

added or deleted, unless the worksite being deleted is no longer

subject to Rule 2202.

(G) Extension Requests

Any person requesting a due date extension shall pay a fee of

$52.90 per worksite.

(H) AVR Certification Fees

Any person requesting District certification of AVR verification

methods, pursuant to Rule 2202 ECRP guidelines, shall pay a fee of

$267.80. No additional fee will be due after a first disapproval and

resubmittal. A second fee of $267.80 shall be paid with a second

resubmittal after a second disapproval.

(3) Late Submittal and Resubmittal Fees

A fifty percent (50%) increase in the applicable registration, triennial ECRP

or annual analysis fee established in subparagraph (c)(1), (c)(2)(A) or

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Rule 308 (Cont.) (Amended May 8, 1998)

(c)(2)(B) shall be paid as a late fee where an applicable fee is not received

in full on or before the due date for the registration, program or analysis.

(d) Determination ofApplicability ofLate Fees

The fee payment will be considered to be received by the District if it is

postmarked by the United States Postal Service on or before the program/annual

analysis due date and received in full. Ifthe program/annual analysis due date falls

on a Saturday, Sunday, or a state holiday, the fee payment may be postmarked on

the business day following the Saturday, Sunday, or the state holiday with the

same effect as ifit had been postmarked on the program/annual analysis due date.

No further program applications for a particular worksite will be accepted or

approved until such time as all overdue fees have been fully paid.

(e) Government Agencies

Federal, state, or local government agencies or public districts shall pay all fees.

(~) Software Certification Fees

• The District may certify independent computer software capable of reproducing

trip reduction program forms, thereby allowing employers to file triennial and

annual analysis programs using electronic media.

(1) Fees for certificationwill be assessed to cover the costs of processing the

certification application and for the testing and validation of the software’s

reliability and ability to meet District’s software specifications and program

requirements.

(2) Fees shall be paid at the time that the software is submitted for certification

as follows:

(A) Initial CertificationFee $535.70

(B) Recertification Fee $267.80

(g) The District will certify ECRP training programs pursuant to Rule 2202 ECRP

guidelines. Fees for certification will be assessed to cover the costs of processing

the certification application,.reviewing the proposed curriculum, and assessing the

training provider’s qualifications.

(1) Fees shall be paid at the time that the qualifications and/or the curriculum is

submitted for certification as follows:

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Rule 308 (Cont.) (Amended May 8, 1998)

Provider Firm Certification Recertification

(A) Instructor $267.80 $133.80

(B) Curriculum $535.70 $267.80

(h) Request for Time Extension ofPayment Due

Whenever this rule requires fees to be paid by a certain date to avoid expiration,

cancellation, or the imposition of an increased fee for late payment, the Executive

Officer may, for good cause, grant an extension of time, not to exceed one

huncfred eighty (180) days, within which the fee payment shall be made. Any

request for an extension of time hereunder shall be made in writing and

accompanied by a statement ofreasons why the extension should be granted.

(i) An employer who has declared bankruptcy, for the official business or

governmental operations of its organization or company, through a judicial court

filing and confirmation process, may request the Executive Officer to grant a

temporary waiver from complying with the requirements of Rule 2202 and Rule

308. Upon demonstration of the filing and confirmation of bankruptcy, the

Executive Officer will grant an exemption for the duration of bankruptcy, not to

exceed two (2) years from the date ofthe waiver.

(j) Adjustment ofFees

The Executive Officer may, upon finding an administrative error by District staff

regarding the calculation, imposition, noticing, invoicing, and/or collection of any

fee set forth within this rule, rescind, reduce, increase, or modify such fee. Any

request for such relief from an administrative error shall be received by the District

in writing prior to the expiration date of notification of the amount due,

accompanied by a statement of why such relief should be granted. Claims for

refund of any fee required by this rule shall be submitted in writing within one (1)

year after the fee was paid.

(k) Service Charge for Returned Check

Any person who submits a check to the District on insufficient funds or on

instructions to stop payment on the check, absent an overcharge or other legal

entitlement to withhold payment, shall be subject to a $25.50 service charge.

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