§ 8-29.5. Exemption—Under Employee Minimum Level.

Employers may qualify for an exemption from all or part of the requirements of this section as specified in this subsection.

a.

(Under Employee Minimum Level). A work site not within a center where fewer than fifty (50) of the employees normally start work during the peak period is exempt from all requirements of this section except for the registration requirement pursuant to subsection 8-29.15(c).

b.

Performance Objectives Achieved.

1.

Work sites that achieve the 1999 performance objectives specified in subsection 8-29.8 as demonstrated pursuant to subsection 8-29.13 are exempt from all other requirements of this section except for this subsection.

2.

Works sites that meet the requirements of subsection 8-29.5(b)(1) must submit to the TSM Committee, in a format approved by the TSM Committee, a listing of the measures or reasons for achieving the 1999 performance objectives.

3.

Work sites that meet the requirements of subsection 8-29.5(b) must demonstrate continued achievement of the 1999 performance objectives by conducting an employee transportation survey pursuant to subsection 8-29.13 once every three years.

4.

Work sites that do not continue to demonstrate achievement of the 1999 performance objectives pursuant to subsection 8-29.8 no longer qualify for the exemption provided by this subsection and become subject to the requirements of this section at that time.

c.

Construction Site. Construction sites are exempt from this section. For purposes of this subsection: (1) "construction" means the on-site fabrication, erection or installation of a physical structure such as a building, roadway, bridge, etc., and (2) "site" has the same meaning as work site.

d.

Multi-Jurisdictional Employers. Employers with worksites located outside of the City of Alameda's jurisdiction and within the nine (9) Bay Area counties which are regulated by the BAAQMD's Reg. 13, Rule 1 may either comply with this local section or report directly to the BAAQMD. Employers choosing this exemption from the local ordinance must inform the TSM Committee by letter of their intent to report directly to the BAAQMD and provide a completed copy of BAAQMD's Worksite Registration Form

(Ord. No. 2670 N.S. § 2)