§ 8-29.15. Requirement to Submit Employer Trip Reduction (ETR) Plan.

Employers and centers that do not achieve the performance objectives established in subsection 8-29.8 for the applicable year at any work site subject to this section shall prepare and submit an ETR Plan for that work site to the TSM Committee within one hundred twenty days (120) days of a determination that the performance objective was not achieved. An employer or center may submit a consolidated ETR plan that covers multiple work sites.

a.

The Employer Trip Reduction Plan shall contain the following:

1.

A description of the measures taken to comply with subsection 8-29.9 (Employee Notification);

2.

All the information required by subsection 8-29.12(b) for employers and 29.12(e) for centers. (Registration Requirement);

3.

A detailed description and inventory of measures contained in the ETR Program developed and implemented pursuant to subsection 8-29.14 including a list of specific trip reduction measures already implemented, such as those listed in subsection 8-29.1 (Definitions);

4.

A description, schedule and commitment to implement additional or enhanced measures which includes all reasonable, feasible and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives. The ETR Plan should include appropriate measures from the categories of measures listed in subsection 8-29.1 (Definitions) and other measures (if any) designed to address unique characteristics of the work site;

5.

Summary and discussion of the results of an attitudinal survey of employees or an employer/employee work group designed to ascertain employee attitudes toward various incentive and disincentive measures;

6.

A discussion of the progress achieved to date and an analysis of why the ETR Program did not achieve the performance objective including special issues, circumstances or conditions at the work site;

7.

A budget indicating all current and projected expenditures for the ETR Program;

8.

A program to provide an on-site Transportation Marketing Center (TMC) as defined in subsection 8-29.1 (Definitions);

9.

A Bicycle and Bus Incentive Program as defined in subsection 8-29.1 (Definitions);

10.

A commitment that the ETC shall attend all regularly scheduled TSM Meetings.

b.

The ETR plan shall be submitted by the highest ranking responsible official of the employer or center at the work site.

c.

The TSM Committee shall approve, and the employer or center shall implement an ETR Plan that includes all reasonable, feasible, and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity and the geographical distribution of employees relative to the work site. The TSM Committee shall disapprove any ETR Plan which does not meet the above specified criteria.

d.

Employers or Centers shall revise and resubmit to the TSM Committee any disapproved ETR Plan within ninety (90) days of the disapproval. If the revised ETR plan is disapproved, the employer has one additional sixty (60) day opportunity to revise and resubmit an ETR plan before final disapproval. Final disapproval is a violation of this section and is subject to a nonimplementation penalty (per subsection 8-29.26) which is retroactive to the date of first disapproval.

e.

Employers and centers may appeal any TSM Committee disapproval of its ETR Plan pursuant to subsection 8-29.29.

f.

Employers and centers subject to this section shall update their ETR Plan once every two (2) years after ETR plan approval until such time as the performance objective is achieved. Such ETR plan updates are to be submitted every two (2) years to the TSM Committee on or before the anniversary date of ETR plan approval.

g.

Employers and centers subject to this section shall continue to meet the requirements of subsection 8-29.13.

h.

Employers and centers shall revise and resubmit its ETR Plan within ninety (90) days of a final determination that an element of an approved ETR Plan violates any provision of law issued by an agency or court with jurisdiction to make such determination.

(Ord. No. 2670 N.S. § 2)