Subchapter B. EMPLOYER TRIP REDUCTION

 (a)  Employers shall develop and implement a plan to increase APO for their worksite to:

   (1)  3.00 passengers per vehicle for target area 1.

   (2)  1.75 passengers per vehicle for target area 2.

   (3)  1.58 passengers per vehicle for target area 3.

   (4)  1.50 passengers per vehicle for target area 4.

 (b)  Each employer shall designate and identify a transportation coordinator at each worksite.

 (c)  Section 126.203 (relating to calculating APO) describes the process to be followed by employers for the calculation of the APO and identifies the APO information that shall be provided to the Department on an annual basis.

 (d)  Section 126.204 (relating to developing the employer trip reduction plan) describes the process to be followed by employers for developing the employer trip reduction plan and the time frames for submission of the plan to the Department, and identifies the time frames for implementation of the plan.

 (e)  Section 126.205 (relating to Single Employer Averaging Program) establishes a process by which an employer with more than one worksite in the severe ozone nonattainment area can develop an employer trip reduction program for multiple worksites.

 (f)  Section 126.206 (relating to multiemployer programs) establishes a process by which multiple employers with worksites in close proximity within the same target area can develop an employer trip reduction program which allows trading between employers.

 (g)  Section 126.207 (relating to compliance monitoring and reporting) describes the requirements for reporting on the progress made by employers in implementing their employer trip reduction plan and, when the employer has failed to achieve the required APO, the corrective measures that will be taken to achieve the APO.

 (h)  Section 126.208 (relating to new employers) describes the time frames for development, submission and implementation of an employer trip reduction plan for employers who, because of relocation or expansion, come under the requirements of this chapter.

 (a)  Each employer shall conduct an annual evaluation of its employe population to identify each employe who reports to work during the peak travel period.

 (b)  Each employer shall conduct an annual survey of the employes identified in subsection (a) as follows:

   (1)  Employers with equal to or greater than 1,000 employes at the worksite shall either conduct a survey following the requirements of paragraph (2) or a statistically based probability survey that provides a 95% confidence level that the information gathered is an accurate representation of the affected employe population. If the number of employes responding to the survey is insufficient to establish a 95% confidence level, employes who do not respond to the survey shall be counted as arriving to work as a single occupant of a vehicle during the peak travel period.

   (2)  Employers with fewer than 1,000 employes at the worksite shall survey all employes identified in subsection (a). Employes who do not respond to the survey shall be counted as arriving to work as a single occupant of a vehicle during the peak travel period.

   (3)  The annual employer survey shall be conducted during the months of April—September. The survey shall cover 5 consecutive days, Monday—Friday inclusive, representing a typical week for the employer’s business. The survey may not include public holidays during or bordering the weekend on either side of the selected week nor include special ride share promotions.

 (c)  Each employer shall use the results of the annual survey to calculate the employer’s APO for that year. In calculating the APO:

   (1)  Except as provided in paragraph (2), vehicles driven by the only occupant and vehicles with eight or fewer adult seating positions shall be counted proportionately. For example, an employe who drives to work alone is counted as an employe reporting to work that day in one vehicle. Another employe who shares a ride with two employes would be counted as having reported to work that day in 1/3 of a vehicle. A third employe who arrives by a bus would be counted as having reported to work in zero vehicles for that day.

   (2)  A vehicle carrying employes of different companies is allocated in the vehicle counts of those companies proportionately. If, for example, a vehicle carries one employe from employer A and three employes from employer B, each employe would arrive in 1/4 of a vehicle.

   (3)  Children that are dropped off at a day care facility are counted as occupants in a vehicle. Therefore, a parent that drops off two children at a child care facility en route to the worksite will be counted as having reported to work in 1/3 of a vehicle.

   (4)  If an employe is dropped off at the worksite by a vehicle that is not continuing to another worksite, that employe is counted as having driven alone in a single vehicle.

   (5)  An employe who telecommutes and spends the entire day at home is included in the employe count for that day and assigned a zero vehicle count for that day.

   (6)  A full-time employe on a compressed work week schedule is to be included in the employe count for the compressed week days off and assigned a zero vehicle count on those days.

   (7)  An employe who walks, rides a bicycle or uses other human-powered transportation for the employe’s entire trip to the worksite is assigned a zero vehicle count for that day.

   (8)  A vehicle is included in the employer’s vehicle count if it is parked at the worksite, or drops the employe off at the worksite, or if the vehicle is parked at a location from which the employe walks to the worksite.

   (9)  Vehicles left at transit terminals, bus stops or car pool formation points more than 2 miles from the worksite are not counted in the employer’s vehicle count.

   (10)  A transitional low emission vehicle shall be counted as 9/10 of a vehicle for purposes of calculating APO.

   (11)  A low emission vehicle shall be counted as 1/2 of a vehicle for purposes of calculating APO.

   (12)  An ultra low emission vehicle shall be counted as 4/10 of a vehicle for purposes of calculating APO.

   (13)  Bus transportation serving as a bus pool may not be counted as a vehicle for purposes of calculating APO.

 (d)  The results of the annual employer survey shall be recorded on a form provided by or approved by the Department. The survey form will include:

   (1)  Employer information.

     (i)   The name, location, address and telephone number of the worksite.

     (ii)   The mailing address of the employer.

     (iii)   Applicable Standard Industrial Classification codes for the worksite.

     (iv)   The APO for the worksite.

     (v)   The name of the transportation coordinator and other persons who assist the employer in the development and implementation of the employer trip reduction plan at the worksite.

     (vi)   The name of the owner, chief executive officer or highest ranking responsible official at the worksite and an address and telephone number for that individual.

     (vii)   The location at which records described in §  126.204(d) (relating to developing the employer trip reduction plan) are kept.

   (2)  Employe information:

     (i)   The total number of employes reporting to the worksite.

     (ii)   The total number of employes reporting to the worksite during the peak travel period.

     (iii)   The number of full-time and part-time employes reporting to work during the peak travel period who:

       (A)   Drive alone in a vehicle, including a taxi with one passenger or a motorcycle or moped.

       (B)   Are dropped off by another person not going to work.

       (C)   Car pool.

       (D)   Van pool.

       (E)   Use public transportation.

       (F)   Ride a bicycle or use other human powered transportation.

       (G)   Walk.

       (H)   Work at home.

       (I)   Use other methods of reporting to work.

     (iv)   For employes who come to work in a vehicle, the number of employes who stop to drop off a child at a day care facility and the number of children dropped off at those facilities.

     (v)   For employes who report to work in a car pool or van pool, the number of other people normally in the car pool or van pool.

 (a)  Each employer shall develop and submit to the Department a plan for increasing APO at each worksite to the amount specified in §  126.202(a) (relating to general) for the target area where the worksite is located on the following schedule:

   (1)  By November 15, 1994, for employers with equal to or greater than 1,000 employes at a worksite.

   (2)  By November 15, 1995, for employers with fewer than 1,000 employes at a worksite.

 (b)  Each plan shall include the following elements:

   (1)  The annual APO survey form as required by §  126.203 (relating to calculating APO).

   (2)  A narrative description of the available commuting options for employes at or near the worksite including a description of available public transportation and parking.

   (3)  A narrative description of the trip reduction measures and incentives to be implemented at each worksite, which may include, but are not limited to, measures and incentives to:

     (i)   Provide a full or partial subsidy for employes’ use of public transit.

     (ii)   Provide a full or partial subsidy for car pool and van pool riders.

     (iii)   Allow employes to work flexible hours to promote employe ride sharing.

     (iv)   Permit employes to telecommute or work at home, or both.

     (v)   Set up a guaranteed ride home program at the worksite.

     (vi)   Establish ride share matching services for employes living in the same areas.

     (vii)   Provide employer-owned fleet vehicles for ride sharing.

     (viii)   Subsidize midday shuttles to eating and shopping areas.

     (ix)   Charge differential parking fees for employes based upon the number of employes in the vehicle.

     (x)   Provide preferential parking to car pools and van pools.

     (xi)   Charge those who drive alone for parking.

   (4)  A mechanism for ongoing monitoring and evaluation of the plan and compliance with the plan. This shall include evaluation of the annual APO survey.

   (5)  A process requiring management level employes to be responsible for development and implementation of the employer trip reduction plan.

   (6)  A process to advertise and encourage implementation of the employer trip reduction plan by employes.

   (7)  An internally enforceable process for implementing the plan according to the schedule contained in this section.

 (c)  The employer shall achieve:

   (1)  For employers with equal to or greater than 1,000 employes at a worksite:

     (i)   At least 50% of the APO increases required by §  126.202(a) during the 1995 survey period.

     (ii)   At least 80% of the APO increases required by §  126.202(a) during the 1996 survey period.

     (iii)   One hundred percent of the APO increases required by §  126.202(a) during the 1997 survey period and for each calendar year after 1997.

   (2)  For employers with fewer than 1,000 employes at a worksite:

     (i)   At least 50% of the APO increases during the 1996 survey period.

     (ii)   One hundred percent of the APO increases during the 1997 survey period and for each calendar year after 1997.

 (d)  Each employer shall keep detailed records of all documents which verify the figures used to calculate APO, as well as the documents to verify the implementation measures and reductions received through implementing the plans. Records shall be maintained for a minimum of 3 years.

 (a)  An employer with more than one worksite in a single target area may average its APO among those worksites in the target area. The average APO is calculated by dividing the number of all of the employes at all of the worksites by the number of all of the vehicles in which these employes report to the worksites.

 (b)  An employer may average between target areas only if the employer develops and implements a plan that achieves APO increases equal to the APO increases that would be required if the employer implemented separate plans for each worksite.

 (c)  The averaging program shall be implemented through a single plan which shall establish APO requirements for each site.

 (d)  There shall be a separate transportation coordinator at each worksite.

 (e)  The worksite manager and transportation coordinator shall be responsible for implementing the plan at each worksite.

 (a)  Employers with worksites which are part of a single building or a grouping of buildings located within the same target area of the severe ozone nonattainment area which are in actual physical contact or separated only by a private or public roadway or other private or public right-of-way may develop and submit a multiemployer plan to meet the requirements of this subchapter.

 (b)  Employers participating in the development of a multiemployer plan shall accumulate the employer data for establishing the APO for the multiemployer plan. The employers participating in the multiemployer plan shall, within the plan, describe and implement an internally enforceable process so that the multiemployer plan achieves increases required in the target area where the worksites are located. The plan shall describe each employer’s required APO.

 (c)  Each employer shall be responsible for implementing the multiemployer plan.

 (d)  Each employer included in the plan shall designate a separate transportation coordinator.

 (a)  Each employer in the Philadelphia CMSA shall submit the plan required by § §  126.204—126.206 (relating to developing the employer trip reduction plan; single employer averaging program; and multiemployer programs) along with a verification signed by the company president or a worksite manager that the information contained in the plans is accurate. Multiemployer plans shall contain a verification signed by the company president or a worksite manager for each employer participating in the multiemployer plan, that the information contained in the plan is accurate.

 (b)  Each year prior to 1997, each employer shall submit a report to the Department, on a form supplied by or approved by the Department, concerning the implementation of the employer trip reduction plan. The employer shall attach the current year’s annual APO survey form. The report shall be submitted to the Department within 45 days following the deadline for achieving the required APO increase specified in §  126.204(c)(1)(i) and (ii) or (2)(i). If the report indicates that the employer has failed to meet the minimum required APO rate for the reporting period, the employer shall advise the Department of the corrective measures which will be taken to assure that the employer will meet the APO required by §  126.204(c)(1)(i) and (ii) or (2)(i) by the next reporting period. The corrective measures shall be implemented as expeditiously as possible. The report shall contain a verification signed by the company president or the worksite manager that the information contained in the report is accurate. Multiemployer reports shall contain a verification signed by the company president or the worksite manager for each employer participating in the multiemployer plan that the information contained in the report is accurate.

 (c)  On or before December 31, 1997, and annually thereafter, except as provided in subsection (d), each employer shall submit a report to the Department, on a form supplied by or approved by the Department, concerning the implementation of the employer trip reduction program. The employer shall attach the current year’s annual APO survey form. The report shall contain a verification signed by the company president or a worksite manager that the information contained in the report is accurate. Multiemployer reports shall contain a verification signed by the company president or the worksite manager for each employer participating in the multiemployer plan that the information contained in the report is accurate.

 (d)  For the years following 1997, if the report required by subsection (c) demonstrates that the employer has met the requirements of this chapter, the employer shall submit the next report within 2 years, covering a 2-year period, unless the annual employer APO survey for the first year of the 2-year period indicates that the requirements of this subchapter have not been met, in which case the report required by subsection (c) shall be submitted annually.

 (e)  If the report required by this section or the annual APO survey indicates that the employer has failed to meet the required APO, the employer shall advise the Department of the corrective measures which will be taken to assure that the employer will meet the APO required by §  126.204 by the next reporting period. The corrective measures shall be implemented as expeditiously as possible.

 (f)  Employers participating in a multiemployer plan shall comply with this section by submitting a single report for each of the reports required by this section.

 (a)  An employer who, because of increases in the number of employes at a worksite or relocation of a worksite to the Philadelphia CMSA during a calendar year, is required to meet the requirements of this subchapter shall develop and implement the employer trip reduction requirements of this chapter following the schedule in this section.

 (b)  Within 1 year from the date when the number of employes at a worksite or relocation of a worksite to the Philadelphia CMSA makes the employer subject to this subchapter, the employer shall conduct an employe survey and develop and submit to the Department an employer trip reduction plan following this subchapter for increasing the APO to the amount required for the target area where the employer is located.

 (c)  The plan shall be implemented to achieve:

   (1)  Fifty percent of the APO increases within 2 years from the date established in subsection (b).

   (2)  One hundred percent of the APO increases within 3 years from the date established in subsection (b).

   This section cited in 25 Pa. Code §  126.202 (relating to general).