“Air Pollution Control Officer (APCO).” The Air Pollution Control Officer of the San Luis Obispo County Air Pollution Control District (District) or the designee thereof.

“APCD Hearing Board.” Five-member board appointed by the Air Pollution Control Board of San Luis Obispo County pursuant to Division 26, Part 1, Chapter 8, Article 1, of the California Health and Safety Code with the powers and duties prescribed for Hearing Boards in Chapter 8, Division 26, of the California Health and Safety Code.

“Applicable Employee Population.” The applicable employee population is all employees who report to a worksite weekdays between six a.m. and ten a.m. and all employees who are telecommuting (i.e. working from home or a telecommuting center) or who have a scheduled day off during the week as part of a compressed work week schedule.

“Average Vehicle Ridership Calculations.” AVR for worksite(s) shall be calculated by dividing the number of employee days summed over the survey week by the number of vehicle trips summed over the survey week.

“Attracted Vehicle Trip.” Any vehicle trip, other than an employee vehicle trip, attracted to the site by the nature of that site’s business. These may include: shopping, medical, business meetings, church, etc.

“Buspool.” A vehicle occupied by sixteen or more people traveling together between their residence and their worksite or other destination. Employees who work for different employers, as well as nonemployed people, are included within this definition.

“Carpool.” A vehicle occupied by two to six people traveling together between their residence and their worksite or other destination. Employees who work for different employers, as well as nonemployed people, are included within this definition.

“Commute Alternatives.” Rideshare modes and other trip reduction options for reducing employee commute trips, including, but not limited to: carpools, vanpools, public transit, buspools, commuter shuttle, bicycling, walking, compressed work weeks, telecommuting, or other alternatives as approved by the APCO.

“Commute Trip.” The trip made by an employee from home to the work site. The commute trip may include stops between home and the worksite.

“Compressed Work Week.” A regular full-time work schedule that eliminates at least one round trip commute trip (both home-to-work and work-to-home) at least once every two weeks. Examples include, but are not limited to, working three twelve-hour days (3/36) or hour ten-hour days (4/40) within a one-week period; or eight nine-hour days and one eight-hour day (9/80) within a two-week period.

“Disabled Employee.” An employee with a physical impairment that prevents the employee from traveling to the work site by means other than a single-occupant vehicle, and who has been issued a disabled person placard or plate from the department of motor vehicles.

“Employee.” Any person employed by a person(s), firm, business, educational institution, nonprofit agency, or corporation, government, or other entity. The term excludes the following as defined elsewhere in this rule: seasonal employees; temporary employees; volunteers; field personnel; and field construction workers.

“Employee Day.” Each day of the survey week that an employee starts to work during the peak period. Notes: Employees telecommuting or who are off due to a compressed work week schedule are counted towards the total employee days. Employees on vacation, sick leave, jury duty, or other time off, and employees reporting to a different worksite or an off-site work related activity are not counted toward the total employee days.

“Employee Transportation Coordinator (ETC).” An employee, other individual, or entity, appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction Plan on a full or part time basis.

“Employer.” Employer means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity that employs persons. Several subsidiaries or units that occupy the same worksite and report to a common governing board or governing entity or that function as one corporate unit are considered to be one employer.

“Field Agricultural Worker.” An employee who reports for work to a temporary field agricultural site.

“Field Construction Worker.” An employee who reports directly to work at a construction site.

“Field Personnel.” Employees who spend twenty percent or less of their work time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer-provided vehicle.

“Independent Contractor.” An individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety continuous days, or is open-ended.

“Multi-site Employer.” Any affected employer who has more than one worksite where at least fifty or more employees report.

“Multi-tenant Worksite.” Any commercial building, industrial park, shopping center, or mixed use development whether in separate or common ownership, which contains more than one employer as determined by the APCO.

“Notice to Register.” A notice, sent by the district to all employers that have been identified as potentially subject to this rule. The notice will request information that will allow the district to determine if the employer will be required to comply with this rule.

“Peak Period.” Six a.m. to ten a.m., Monday through Friday, inclusive.

“Ridesharing.” A cooperative effort of two or more people traveling together for the purpose of eliminating a vehicle trip. Utilization of carpools, vanpools buspools, taxipools, and public transportation are all forms of ridesharing.

“Seasonal Employee.” A person who is employed for less than a continuous ninety day period.

“Telecommuting.” A system of 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 fifty per cent or more.

“Temporary Employee.” Any person employed for less than ninety days, or by an employment service that reports to a worksite other than the employment service worksite under a contractual arrangement with the temporary employer.

“Transportation Management Association (TMA).” A TMA provides commute alternates program support or management to its members. TMAs generally operate within a defined geographic area (industrial park, multi-tenant office building, central business district, shopping center, etc.). TMAs operate as not-for-profit associations and are cooperatively managed by the members, managed by a director appointed by the association members, or, at a multi-tenant worksite, may be managed by onsite building management. After receiving APCO approval, a TMA may be permitted to represent its members in the development and implementation of a trip reduction plan. Members may be allowed full or partial trip reduction credit for purchasing such services from the TMA/TMO, upon approval of the APCO. A partial list of services a TMA may offer includes:

“Transportation Management Organization (TMO).” A TMO is a for profit, private enterprise providing all of the services included in the TMA definition above. A TMO would not be confined to a single geographic area but could solicit business throughout the county and could do business with one employer or a group of employers in an area.

“Trip Reduction Plan (TRP).” A TRP is a document submitted to the APCO for review and approval which details trip reduction options and supporting strategies, the implementation schedule and budget the employer will use to achieve the reduction in single occupant vehicle trips required to meet the AVR goals established by the district.

“Vanpool.” A vehicle occupied by seven to fifteen people traveling together between their residence and their worksite or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

“Vehicle/Employee Ratio (VER).” VER is the number of vehicles used by employees who report to the work site between six a.m. and ten a.m., Monday through Friday, divided by the number of those employees averaged over the survey week, as calculated from data gathered from the AVR survey. VER is the reciprocal of AVR. The district will accept AVR calculated by this method.

“Vehicle Trip.” A vehicle trip is based on the means of transportation used for the greatest distance of an employee’s home-to work commute trip for employees who start work during the peak period. Each vehicle trip to the worksite shall be calculated as shown in Table 2:

“Volunteer.” A person who does not receive any wages for work activity at the work site.

“Worksite.” A structure, building, portion of a building, or grouping of buildings that are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and that are occupied by the same employer.

“Worksite Employee Threshold.” One hundred employees at a single worksite, on an average daily basis, for a ninety-day period provided at least fifty employees are normally scheduled to report to the worksite on a daily basis during the peak commute period.

1. Requirements for all employers of one hundred or more employees. All employers of one hundred or more employees shall comply with the following minimum administrative requirements:

All employers of one hundred or more employees with fifty or more employees reporting to the worksite within the peak period must also complete the following requirements:

2. Requirements for employers who achieve AVR targets in Table 1. Employers who achieve the applicable AVR target shown in Table 1 shall be notified by the district that they have no additional requirements, beyond maintenance of their existing program, until the next scheduled AVR survey.

3. Requirements for employers who fail to achieve AVR targets in Table 1. Employers who fail to meet the applicable AVR targets in Table 1 will be required to develop a trip reduction plan designed to achieve the AVR target for the upcoming year, and submit the plan to the district for review and approval. Trip reduction plans shall be prepared according to the following process:

1. Develop outreach programs to encourage employers of fewer than one hundred employees, and multi-tenant worksites, to participate in the annual AVR survey, and develop a commute alternatives program.

2. Provide ETC training, AVR survey processing, consultation on program development and participation in the district’s ETC network will be offered at no charge to all participants.

3. Encourage participation in the trip trading program described in Section F.

4. Work cooperatively with TMA’s and the rideshare office to provide a broader base of assistance to employers in developing and implementing an effective program.

1. Businesses can apply for, and earn, one TRC for each trip reduced beyond those required to achieve the applicable AVR goal. Each TRC will have a life span of one year from the date the APCD issues the TRC Certificate.

2. Businesses of one hundred or more employees, that purchase TRCs, can use them on a one-for-one basis to lower the number of employee commute trips they would otherwise have to reduce to achieve their applicable AVR goal for a given year.

3. TRCs issued by the district can be bought and sold on an open market by all participants in the Commute Alternatives Program, but all transactions, as described in Section F.2, must be approved by the district.

1. The local jurisdiction submits a plan to the APCO that demonstrates adequate resources to adopt, implement, monitor, and enforce an employer-based commute alternatives ordinance, and the district approves the plan.

2. The local jurisdiction adopts a commute alternatives ordinance that includes, at a minimum, all provisions contained in this rule.

3. The local jurisdiction’s commute alternatives ordinance includes provisions to submit annual progress reports to the APCO containing the following information:

1. The APCO shall determine if the requirements of a local ordinance are at least as effective as this rule in increasing AVR at the employer’s worksite, and shall notify employers in the jurisdictions in which such ordinances have been adopted.

2. In the event that the local ordinance under which the employer qualified for exemption is amended so that it is no longer as effective as this Rule in increasing AVR, or in the event that the local ordinance under which the employer qualified for the exemption is rescinded, the exemption is void. The APCO shall notify the employer that the exemption is void and the employer must submit a plan to the APCO which meets the requirements of this rule within one hundred twenty calendar days of the date of receipt of the notification of the voided exemption.

1. Timely and accurate response to the Notice to Register and Notice of Plan Preparation.

2. Appointment of an employee transportation coordinator or an APCO-approved alternate.

3. Conducting an annual, verifiable AVR Survey to monitor progress toward the applicable AVR target, and submitting the results to the APCO within the required time frame.

4. Full implementation of all trip reduction options and strategies described in the approved commute alternatives plan (if applicable).

5. Making available for audit and/or inspection by the APCO or his or her designee, upon request, evidence or supporting documentation pertaining to all trip reduction options and supporting strategies and activities implemented at a given worksite

6. Timely reporting of all required information to the APCO.

1. Information explaining the requirements and applicability of this rule to the employer and its worksite(s) within thirty days of responding to the notice to register.

2. The content of the proposed commute options, supporting strategies, and implementation schedule of the Commute Alternatives Plan, if required, at least thirty calendar days prior submitting the Plan to the APCO.

3. Identification of the Employee Transportation Coordinator (ETC) and/or the Employer Program Manager within the organization to whom comments and suggestions can be submitted and questions addressed.

4. Notification may be provided through employee bulletins, notices posted on bulletin boards, articles in any newsletter generally circulated or provided to employees, or any other reasonable means to assure that employees have adequate opportunity for input in the development of the commute alternatives options and strategies, and are informed about the full range of such options and strategies available at the worksite