AQ-2019-005-P7-REPORTTOTHEBOARDOFSUPERVISORS-NOTICEOFPUBLICHEARING-2020-11-18.PDF
Extracted text (via pymupdf)
388320 characters
Enhanced Regulatory Outreach Program Maricopa County Air Quality Department Notice of Public Hearing Ordinance P-7 (Maricopa County Trip Reduction Ordinance) Date/Time: Wednesday, November 18, 2020 at 9:30 a.m. Location: Board of Supervisors’ Auditorium 205 W. Jefferson St., Phoenix, Arizona The Maricopa County Board of Supervisors is scheduled to conduct a public hearing to solicit comments on the proposed revisions to Maricopa County Air Pollution Control Regulation Ordinances - P-7: Maricopa County Trip Reduction Ordinance. You may comment on the proposed ordinance at: www.maricopa.gov/FormCenter/Regulatory- Outreach-17/Citizen-Comments-94. AQ-2019-005-Ordinance P-7 (Maricopa County Trip Reduction Ordinance) The Maricopa County Air Quality Department (MCAQD) is proposing to revise Ordinance P-7 to update and clarify the ordinance by removing language repeated from state statute, condensing information in the Equivalent Emissions Reduction (EER) and Plan Development sections, identifying new technologies for the implementation of the Maricopa County TRP by both program staff and employers, and by incorporating six (6) existing Substantive Policy Statements into the ordinance. In addition, the ordinance will be restructured for consistency with MCAQD’s other adopted ordinances. For more information regarding this ordinance making, including a copy of the final draft ordinance, please refer to the Report to the Board of Supervisors attached to this notice and available at: www.maricopa.gov/3536/Active-Regulatory-Process. MCAQD will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. Requests for language interpretation services or for disability accommodations must be made at least 48 hours in advance by contacting: 602-506-6443. MCAQD tomará las medidas necesarias para brindar acceso a los servicios del departamento a personas que no dominan el idioma inglés y/o personas con discapacidades. Las solicitudes de servicios de interpretación de otro idioma o adaptaciones para discapacitados deben realizarse con al menos 48 horas de anticipación comunicándose con: 602-506-6443. As of the posting date of this notice, all Board of Supervisors’ meetings are being held online. Please check the Board of Supervisors’ website at least 24 hours before the date of the public hearing at https://www.maricopa.gov/324/Board-of-Supervisors-Meeting- Information to verify if the meeting is only being held online or if in-person attendance is permitted. Directions for remote access to the meeting will be available on the website at least 24 hours before the hearing. Executive Summary of the Report to the Board of Supervisors Prepared by the Maricopa County Air Quality Department Board Hearing Date: November 18, 2020 Case Number/Title: AQ-2019-005-Ordinance P-7 (Maricopa County Trip Reduction Ordinance) Agenda Item: (Pending) Supervisor Districts: All Districts The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county policies throughout this ordinance making process. Per the Enhanced Regulatory Outreach Program (EROP) Policy: “In addition to the required staff report, an executive summary of the report including an overview of stakeholder input and staff responses will be provided to the Board of Supervisors at least one week prior to any Board of Supervisors’ public hearing.” Overview of the Report to the Board of Supervisors: The MCAQD first adopted Ordinance P-7 on November 24, 1992 to reduce traffic impacts on air pollution and emissions within Maricopa County. Ordinance P-7 applies to major employers and schools with 50 or more employees or students at any single work or school site and requires them to develop, implement, and maintain a travel reduction program. Employers and schools subject to Ordinance P-7 are required to maintain a reduction of single occupant vehicle (SOV) trips and/or miles traveled to either their school or work site by 10 percent each year for a total of five years, and then five percent for three additional years, or until a 60 percent rate of SOV travel is reached. Progress is tracked through an annual commuter survey of employer/school sites. The results of the survey are used to develop an annual travel reduction plan that commits the employer/school to implementing and documenting various strategies to reduce SOV trips or miles traveled. The MCAQD is proposing to revise Ordinance P-7 (Maricopa County Trip Reduction Ordinance) to update and clarify the ordinance by removing language repeated from state statute, condensing information in the Equivalent Emissions Reduction (EER) and Plan Development sections, identifying new technologies for the implementation of the Maricopa County Travel Reduction Program (TRP) by both program staff and employers, and by incorporating six (6) existing Substantive Policy Statements (SPS) into the ordinance. In addition, the ordinance will be restructured for consistency with MCAQD’s other adopted ordinances. Proposed Changes to the Ordinance include: • Changing “trip” to “travel” when referring to the Maricopa County Travel Reduction Program throughout the document, including the title of the ordinance. • Incorporating “school” into the definition of major employer to reduce redundancy throughout the ordinance. • Removing Section 3 (Regional Trip Reduction Task Force Composition), Section 4 (Duties and Responsibilities of the Task Force), Section 5 (Staff Duties), Section 6 (Voluntary Participation), Section 9 (Variances) and Section 10 (Exemptions) from the ordinance to reduce redundancy with A.R.S. language. • Removing Appendix A and all EER credit calculation language. 1 • Adding an Applicability subsection under Section 1 (General, subsection B) and revising the applicability of the ordinance to distinguish between the requirements of a major employer within Area A and outside of Area A. • Adding 19 definitions, revising 16 definitions, and removing 40 definitions. • Adding language on plan budget expenses and industry benchmark amounts. • Clarifying language in the travel reduction measures subsection to explain when additional measures would be required for each plan. • Revising language on EER requirements to better differentiate EERs within the TRP from Emission Reduction Credits in Rule 204 (Emission Reduction Credit Generation, Certification and Use). • Adding an option for employers to use a stratified statistically significant random response rate while conducting the annual survey. • Removing all example travel reduction measures and EER measures from the ordinance. • Incorporating the following six (6) SPSs into the ordinance: - SPS-2019-003 (Point of Contact and Documentation Criteria for Employers) - SPS-2018-003 (Travel Reduction Program Regional Task Force Survey Response Rate Policy) - SPS-2018-004 (Travel Reduction Program – Research and Analysis Surveying Field Workers) - SPS-2018-002 (Travel Reduction Program – Plan Review Acceptable Incentive Items) - SPS-2018-006 (Travel Reduction Program – Electric Vehicle Charging Station Credit) - SPS-2018-005 (Travel Reduction Program – Enforcement) Overview of Stakeholder Input and Staff Responses: During the ordinance making process, the MCAQD received comments from seven (7) stakeholders regarding the proposed revisions to Ordinance P-7. Two (2) stakeholders expressed support and one (1) stakeholder expressed opposition to the proposed revisions. Four (4) stakeholders did not express support nor opposition to the proposed revisions. The MCAQD evaluated the comments and drafted responses. The stakeholder comments and the MCAQD responses to the comments are listed below. Comment #1: I support the proposed changes and hope to see a few more! 1.1: Please review definitions for what is deemed “clean”. Not all are accurate (ex: clean off road mobile equipment). 1.2: Please incorporate language that encourages employers to examine onsite offerings that reduce trips (gyms, cafes, medical, etc.). 1.3: Please edit [the section on lead transportation coordinators] to read “must have the authority to make [decisions]…” 1.4: Please refine [the section on travel reduction measure requirements] to make more clear when the 2 vs. 4 measure requirements go into effect. Response #1: Thank you for your comments. Below is a response to each comment. 1.1: Change was made to remove the word “clean” from the ordinance. In the case of off-road mobile equipment, all example EERs are being removed from the ordinance and will instead be expanded upon in the forthcoming TRP Handbook. 2 1.2: Change was made to remove section on example measures entirely. This information will be contained in the forthcoming TRP Handbook. 1.3: Upon evaluation of the recommendation, this change was made. 1.4: Change was made to add clarifying language in the Requirements section (Section 3(C); Travel Reduction Plan) as follows: “For major employers or schools who do not meet a reduction goal in the second program year, the plan shall contain at least two measures and shall contain at least four measures if a reduction goal is not met in any program year thereafter. Employers must demonstrate to TRP staff that the proposed measures have the potential to reduce SOV/SOVMT rates in order to be recommended for approval into an employer’s travel reduction plan. TRP staff can advise employers on measures appropriate to their specific site(s). After any subsequent program year in which the reduction goal is not met, the Task Force shall review the travel reduction program of any employer and may recommend additional measures.” Comment #2: We have some concerns about the TRP rules. 2.1: TRP use of EV chargers as a compliance tool. I mentioned this issue during the stakeholder meeting, but I did not articulate it well, because I had a feeling there was a conflict, but I was not certain what it was. After having done some research here is the issue as I see it. I am worried that the new TRP rules, which include an option for folks to use EV charging stations as a tool to meet the TRP requirements, may be unknowingly restricting future non-traditional offset options by including them in the TRP. Here’s the thinking: A. County rule 204 defines “Surplus” as: “A reduction in qualifying emissions not otherwise required by a federally applicable requirement and not relied upon in the State Implementation Plan.” part 221 B. ADEQ defines “Surplus” as: “Surplus” means a reduction in qualifying emissions is not otherwise required by an applicable requirement and not relied upon in the state implementation plan.” R18-2-1201 (pretty much the same). C. Our concerns is that the definitions of both ADEQ and County include “relied upon in the SIP” as part of the definition of surplus. If the SIP relies upon the TRP program, which it does, it would concern me that anything within the TRP program would no longer be surplus. Therefore, if the TRP plan utilizes EV charging stations as a way to comply with TRP does that mean that the emissions reduced by the EV chargers are no longer surplus? Even if no one utilizes the EV charging option to comply with TRP, merely having it in the TRP could be read as removing it from “surplus.” I appreciate what the TRP plan is trying to do by adding the charging station option, and I completely support the concept, except that it conflicts with future potential offset options. I don’t see a strong enough value in having it within the TRP to risk limiting our future offset opportunities. If you’d like to have a meeting with us or discuss with ADEQ, please let me know, so we can verify which is the correct way to proceed. 2.2: Also, I noticed that the TRP proposes removing of hydrogen as an alternative fuel (definition 2, Section 2). Not sure why they wanted to remove that at this junction. Hydrogen has become a significant “tool” in the decarbonization toolbox and that will help us with ozone as well. Nikola is putting in a hydrogen powered semi manufacturing facility in Casa Grande and planning on building hydrogen refueling stations throughout Arizona. In other words, please leave hydrogen in as an alternative fuel. 3 Response #2: Thank you for your comments. Below is a response to each concern provided in your comments. 2.1: The Electric Vehicle (EV) charging station credit currently exists as a substantive policy statement (SPS) and employers are already able to use this method for obtaining credit on their travel reduction plans, if they qualify. It is correct that the TRP program is relied upon in the Arizona SIP, and therefore, employers who choose to use their EV charging stations for credit on their TRP plan would not be able to use the emission reductions from their EV charging stations for other emissions reductions programs. Any use of the emission credits outside of the TRP would be subject to those regulations and typically do not allow for the use of credits in more than one program. On the other hand, an employer could choose to instead use their emission reductions from the use of EV charging stations for credits in other programs but would then be unable to also claim credit on their travel reduction plan. It is worth noting that, for the purposes of this ordinance, the EV charging station would need to power non-fleet (commuter) vehicles in order to be eligible for credit on the TRP plan. 2.2: The term Alternative Fuels has been removed from the ordinance because revisions to the ordinance have removed all references to the term. Comment #3: [Our Organization] has long been a proponent of addressing Arizona’s air quality issues. Our organization has been a willing and an engaged partner in efforts to ensure Arizona counties are in compliance with all applicable federal air quality standards wherever practical and possible, especially in Maricopa County. [Our Organization] is proud of our partnership with the Maricopa County Air Quality Department (MCAQD) in addressing air quality issues through our ongoing participation in community outreach campaigns, as well as working collaboratively on important air related legislation and regulatory issues. Our members have consistently been at the table with MCAQD and the Arizona Department of Environmental Quality working on reasonable and practicable solutions to improve Maricopa County’s air quality. However, [Our Organization] does not support unrealistic and unmanageable policy changes such as that which MCAQD proposes in its revisions to Ordinance P-7 (Maricopa County Trip Reduction Ordinance). We appreciate the purpose in which this proposed revision is intended to achieve. However, it does not give consideration to the many mitigating circumstances which will make this proposal an unattainable regulatory mandate which will negatively impact [Members of our Organization]. Specifically, [Our Organization] opposes the proposed language in 3.a and 3.b of Ordinance P-7 that states: a. Maintain a rate of SOV trips or rate of SOVMT for employees of not more than 60%, or b. Attain target reductions in SOV trips or SOVMT. The first-year target will be a 10% reduction from the baseline established for the rate of SOVMT. The second through fifth year target will be a 10% reduction from the target of the previous year; targets following the fifth year will be a five percent reduction from the target of the previous year, [Members of our Organization] have long embraced emissions-reducing activities such as telecommuting and flexible working arrangements. However, this proposed revision as drafted is not practicable. This is the situation due to the geographically diverse workforce of many of our manufacturers in the county whom encounter their unique circumstances in traveling to and from the workplace. To possibly place even more restrictions on such a workforce is neither fair nor reasonable and as mentioned will be unmanageable at best and possibly result in a reduction in qualified workforce at many of our manufacturers and industries here in Maricopa where these same companies already struggle to hire capable and qualified personnel. [Our Organization] strongly urges the Maricopa County Air Quality Department to strike the proposed changes to 3.a and 3.b of Ordinance P-7. Instead, we would encourage the department to continue to work in 4 a collaborative and cooperative fashion with job creators to design a travel reduction program strategy that is realistic and will have actual results in improved air quality. We look forward to our continued partnership with MCAQD in developing commonsense measures that will be more effective in achieving emission reductions. Response #3: Thank you for your comment. Below is a response to each concern provided in your comments. Regarding your concerns with the provisions in Section 3.B.3.a. and b., we would like to assure you that there are no new requirements to the ordinance nor any proposed changes to the implementation of those requirements by Travel Reduction Program (TRP) staff. The provisions mentioned in your comment have been part of the ordinance language since 1994 and were approved by the EPA as part of the State Implementation Plan (SIP) in 1998. The only proposed revisions to that section involve shortening several terms into acronyms (i.e.: SOV, SOVMT) and changing numbers that have been spelled out into numerical digits (i.e.: 60%, 10%). In addition, the requirements in Ordinance P-7 are meant to mirror those in A.R.S. 49-588 Section E: E. Employers shall implement all travel reduction measures they consider necessary to attain the following reduction in the proportion of employees commuting by single occupancy vehicles or commuter trip vehicle miles travel reductions per regulated work site: 1. Five per cent reduction in the proportion of employees commuting by single occupancy vehicles as determined in the annual survey in the first year, except that in area A the reduction shall be ten per cent. 2. In the second, third, fourth and fifth years, an additional five per cent reduction in the proportion of employees commuting by single occupancy vehicles as determined in the annual survey, except that in area A the reduction shall be ten per cent. If the percentage of employees commuting in single occupancy vehicles is sixty per cent or less, additional reductions are not required.” Comment #4: Please see attached scanned document for comments to draft Ordinance P-7. Email Attachment Response #4: Thank you for your comment. MCAQD has reviewed the scanned document and has made the following change in response to your comments: • To avoid confusion, all references to “school” which indicate it as a separate category from major employer have been removed. In addition, the MCAQD made further revisions based on your comments to correct typographical or clerical errors and minor grammatical changes to improve readability or clarity, as well as various other minor improvements of a purely editorial nature. Comment #5: 5.1: The difference in the definitions between Transportation Coordinator v. Lead Transportation Coordinator are not clear. Is LTC replacing Highest Ranking Official? Site TC needs a definition. 5.2: The survey statistical penalty needs to be described. 5.3: "Incentive or Swag Items" should be changed to just "Swag Items". There are many Incentives that probably shouldn't be removed based solely on performance (e.g. transit passes). How will you determine if these items are attributable to performance? 5 5.4: Peak Commute Trip Reductions. Do you mean to say on or after 4pm? Ending at 5pm wouldn't be considered the peak? Response #5: Thank you for your comments. Below is a response to each concern provided in your comments. 5.1: A change was made to remove the terms “Highest Ranking Local Official (HRLO)” and “Lead Transportation Coordinator (LTC)” from the ordinance. A definition for Site TC has been added for clarity. 5.2: A description of the statistical penalty is included in Section 3(B)(2)(c) and reads as follows: All non- respondents to the annual survey for a site below the minimum required response rate are recorded as an SOV commuter (up to the required response rate in the plan or 60% if there is no documented response rate in the employer’s approved plan) when calculating the analysis. 5.3: A change was made to replace the term “swag” with the term “promotional item”. The definition of swag has been removed and all references to it have been replaced with the term “promotional item”. Regarding your question on transit passes, this would not be considered a promotional item for the purposes of this ordinance. Providing transit passes to employees would be considered a travel reduction measure and are not subject to the provisions regarding promotional items. 5.4: All example Equivalent Emissions Reduction (EER) measures are being removed from the ordinance and will instead be expanded upon in the forthcoming TRP Handbook Comment #6: [Our Company] is proud to have innovated and invested in Arizona for 40 years. Responsible stewardship of our state's environmental resources, including the environmental impact associated with employee commute options, is important to our community's future. Reducing single occupancy vehicle trips in Maricopa County will require close collaboration between government, private industry, and the communities in which we live and work. In addition, [Our Company] and other employers in the state have made significant investments in on-site services such as cafés, gyms, medical services, banks, and more, and should receive credit for reducing the number of additional vehicle trips taken by employees. We request that these trip reduction efforts be clarified in Section 7, P7-22 and/or Section 9, P7-32, and detailed in the forthcoming TRP Handbook and reflected in a revised version of the Trip Reduction Plan Form. We welcome the opportunity to work with Maricopa County on providing additional detail and feedback on the points above. Response #6: Thank you for your comments. A change was made to remove the section on example travel reduction measures entirely. This information will be contained in the forthcoming TRP Handbook and the Travel Reduction Plan Form will be revised accordingly. Comment #7: [Our Organization] supports Ordinance P-7: Maricopa County Trip Reduction. While we understand the need to clarify and update Ordinance P-7, we are concerned with some of the proposed changes and we disagree with others. Please consider the following comments: 7.1: Appendix A and other credit calculations should be placed within the text of the Ordinance. 7.2: We strongly oppose the removal of calculations within the text and the addition of the phrase “available from TRP staff” in the following, 6 • under the new Section 5. Equivalent Emissions Reductions (EER) Measures, part a.) Credit calculations and related assumptions for the implementation of measures identified in this section are available from TRP staff. • in part a.) (3) Rates of SOV and SOVMT shall be converted to pounds of emissions in order to determine the credit amount given. Conversion calculations for EER measures are available from TRP staff. We recommend including these calculations in a new section instead of simply removing Section 13, Appendix A, and Table 3. Calculations. 7.3: We also recommend that the following not be removed from Section 5. Equivalent Emissions Reductions (EER) Measures, part a.) (4) a), b), c), and d). 7.4: We disagree with the removal of Section 5. Equivalent Emissions Reductions (EER) Measures B) as this explains how credits are obtained. Please consider these recommendations and comments when revising Ordinance P-7. We are particularly concerned that the calculations to obtain credits are still included within the text. Response #7: Thank you for your comments. Below is a response to each concern provided in your comments. 7.1: The MCAQD has evaluated your comment and determined it is best to remove all EER calculations from the ordinance. If the calculations are placed in the ordinance, employers will be restricted to the use of only those calculations in the ordinance. This will prevent the development and use of new EER measures related to new technologies which may require new calculations not present in the ordinance. The MCAQD wants to maintain flexibility in the ordinance for the development of new EER measures and removing the calculations will allow the MCAQD this flexibility. In addition, the MCAQD will provide guidance on EER measures and calculations in the forthcoming TRP handbook. 7.2: The phrase “available from TRP staff” has been removed from those two sections of the ordinance. Guidance on conversion calculations for EER credit will be included in the forthcoming TRP Handbook. 7.3: All detailed information on the calculations for EER credit are being removed from the ordinance in order to maintain flexibility in the ordinance for the development of new EER measures and allow for more frequent updating of calculations which are based on the most current EPA emissions data. Guidance on calculations to determine EER credit will be included in the forthcoming TRP Handbook. 7.4: All example EER measures are being removed from the ordinance to reduce redundancy with statute. The information on how EER measures are obtained will be available in the TRP Handbook. All of the measures listed in A.R.S 49-588 will still be available for use as EERs. These details will also be included in the TRP Handbook, where they can be more frequently updated with best practices in alternative emission reduction strategies. 7 Report to the Board of Supervisors Prepared by the Maricopa County Air Quality Department Maricopa County Travel Reduction Program (TRP) Regional Task Force Meeting Date: September 15, 2020 Board Hearing Date: November 18, 2020 Case Number/Title: AQ-2019-005-P-7 (Maricopa County Trip Reduction Ordinance) Agenda Item: (Pending) Supervisor Districts: All Districts Applicant: Staff Request: Approve revision of Maricopa County Air Pollution Control Regulation Ordinance P-7: Maricopa County Trip Reduction Ordinance. Ordinance P-7 was adopted to reduce traffic impacts on air pollution and emissions within Maricopa County. Ordinance P-7 applies to major employers and schools with 50 or more employees or students at any single work or school site and requires them to develop, implement, and maintain a travel reduction program. The MCAQD is proposing to revise Ordinance P-7 for the following reasons: • Update and clarify the ordinance by removing language repeated from state statute and condensing information in the Equivalent Emissions Reductions (EER) and Plan Development sections; • Identify new technologies for the implementation of the Maricopa County Travel Reduction Program (TRP) by both program staff and employers; • Incorporate six (6) existing Substantive Policy Statements into the ordinance; and • Restructure P-7 for consistency with MCAQD’s other adopted ordinances. Support/Opposition: During the ordinance making process, the MCAQD has received written feedback from seven (7) stakeholders regarding the proposed revisions to Ordinance P-7. Two (2) stakeholders expressed support and one (1) stakeholder expressed opposition to the proposed revisions. Four (4) stakeholders did not express support nor opposition to the proposed revisions. The MCAQD 8 evaluated the comments and drafted responses. The stakeholder comments and the MCAQD responses are included under Section 9 of the attached Draft Notice of Final Ordinance Making. Copies of the stakeholder comments are attached to this report. Staff Recommendation: Approve TRP Regional Task Force Recommendation: Approve Additional Comments: This regulatory change is following the Enhanced Regulatory Outreach Program Policy (EROP) and workflow process. The County Manager briefed the Board of Supervisors regarding this rulemaking in April 2019. Stakeholder Workshops were held on September 26, 2019, and December 4, 2019. The Notice of Proposed Ordinance Making was posted on the EROP website on July 9, 2020. A newspaper notice of the Board of Supervisors public hearing will be published in the Arizona Business Gazette on October 8, 2020 and October 15, 2020. This regulatory change will take effect immediately upon approval by the Board of Supervisors. Presented By: Philip A. McNeely, R.G., Director Prepared By: Planning and Analysis Division Attachments: Preamble required by Arizona Revised Statutes (A.R.S.) § 49- 471.07 (See the Draft Notice of Final Ordinance Making) Summary of the proposed regulatory change (See Item 4 of the Draft Notice of Final Ordinance Making) Analysis of input received during the process and how that input was responded to (See Item 9 of the Draft Notice of Final Ordinance Making) Language of proposed regulatory change or amendment (See the Draft Notice of Final Ordinance Making) Minutes from the Board of Health meeting and the TRP Regional Task Force meeting Copies of all written and electronic Stakeholder input 9 DRAFT NOTICE OF FINAL ORDINANCE MAKING MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS ORDINANCES P-7: MARICOPA COUNTY TRIP REDUCTION ORDINANCE The Maricopa County Air Quality Department (MCAQD) is proposing to amend Ordinance P-7 (Maricopa County Trip Reduction Ordinance). The Control Officer is posting this Draft Notice of Final Ordinance Making on the Maricopa County Enhanced Regulatory Outreach Program (EROP) website as part of the Report to the Maricopa County Board of Supervisors, in accordance with the Maricopa County EROP Policy. This notice includes the preamble, as prescribed in A.R.S. § 49- 471.05, and the full text of the ordinance, including the intended actions to make new sections or amend, repeal, or renumber the sections of the ordinance. This notice also includes a list of all previous notices posted on the Maricopa County EROP website addressing the proposed ordinance and the concise explanatory statement prescribed in A.R.S. § 49-471.07, subsection B. PREAMBLE 1. Statutory authority for the ordinance making: A.R.S. §§ 49-112, 49-474, 49-479 and 49-480 2. Name and address of department personnel with whom persons may communicate regarding the ordinance making: Name: Laura Jardieanu or Kimberly Butler Maricopa County Air Quality Department Planning and Analysis Division Address: 3800 N Central Avenue, Suite 1400 Phoenix, AZ 85012 Telephone: (602) 506-6010 Fax: (602) 506-6179 Email: AQPlanning@maricopa.gov Submit Comments At: http://maricopa.gov/FormCenter/Regulatory-Outreach- 17/Citizen-Comments-94 3. Ordinance making process: This ordinance making is following procedures identified in state statutes and the Maricopa County EROP Policy. Maricopa County TRP Regional Task Force Briefing: April 2, 2019 County Manager Briefing: April 16, 2019 Stakeholder Workshops: September 26, 2019 December 4, 2019 Board of Health Meeting to Initiate Regulatory Change: October 28, 2019 Return to list of attachments 10 Notice of Proposed Ordinance Making: July 9, 2020 Travel Reduction Program (TRP) Task Force Meeting to Recommend Approval to the Board of Supervisors: September 15, 2020 Board of Supervisors Formal Meeting to set the Public Hearing: October 7, 2020 Board of Supervisors Public Hearing: November 18, 2020 4. Explanation of the ordinance, including the control officer's reasons for initiating the ordinance making: Background The MCAQD first adopted Ordinance P-7 on November 24, 1992 to reduce traffic impacts on air pollution and emissions within Maricopa County. Ordinance P-7 applies to major employers and schools with 50 or more employees or students at any single work or school site and requires them to develop, implement, and maintain a travel reduction program. Employers and schools subject to Ordinance P-7 are required to maintain a reduction of single occupant vehicle (SOV) trips and/or miles traveled to either their school or work site by 10 percent each year for a total of five years, and then five percent for three additional years, or until a 60 percent rate of SOV travel is reached. Progress is tracked through an annual commuter survey of employer/school sites. The results of the survey are used to develop an annual travel reduction plan that commits the employer/school to implementing and documenting various strategies to reduce SOV trips or miles traveled. During fiscal year 2019, there were 3,094 sites in the TRP representing 1,207 companies. Commuters in the TRP prevented 7,014 tons of pollution by using an alternative mode of transportation. Two major revisions to the ordinance occurred in 1994 and 1997 as indicated below: • Revised May 26, 1994 ○ Reduced the applicability threshold of employees from 75 to 50. ○ SOV annual reduction goals increased from 5% to 10%. ○ Employers were given credit towards SOV reduction goals for using Reduced Emission Vehicles (REVs). • Revised July 23, 1997 ○ Ten (10) Equivalent Emission Reduction (EER) measures were implemented to give credit for alternative air pollution reduction strategies. ○ Applicability was revised to include schools with 50 or more employees or students. Summary The MCAQD is proposing to revise Ordinance P-7 (Maricopa County Trip Reduction Ordinance) to update and clarify the ordinance by removing language repeated from state statute, condensing information in the EER and Plan Development sections, identifying new technologies for the implementation of the Maricopa County Travel Reduction Program (TRP) by both program staff and employers, and by incorporating six (6) existing Substantive Policy Statements (SPS) into the ordinance. In addition, the ordinance will be restructured for consistency with MCAQD’s other adopted ordinances. Return to list of attachments 11 Proposed Changes to the Ordinance Proposed revisions to Ordinance P-7 include: • Changing “trip” to “travel” when referring to the Maricopa County Travel Reduction Program throughout the document, including the title of the ordinance. • Incorporating “school” into the definition of major employer to reduce redundancy throughout the ordinance. • Removing Section 3 (Regional Trip Reduction Task Force Composition), Section 4 (Duties and Responsibilities of the Task Force), Section 5 (Staff Duties), Section 6 (Voluntary Participation), Section 9 (Variances) and Section 10 (Exemptions) from the ordinance to reduce redundancy with A.R.S. language. • Removing Appendix A and all EER credit calculation language. • Adding an Applicability subsection under Section 1 (General, subsection B) and revising the applicability of the ordinance to distinguish between the requirements of a major employer within Area A and outside of Area A. • Adding 19 definitions, revising 16 definitions, and removing 40 definitions. • Proposed Section 3 (Requirements): ○ Adding language on plan budget expenses and industry benchmark amounts. ○ Clarifying language in the travel reduction measures subsection to explain when additional measures would be required for each plan. ○ Revising language on EER requirements to better differentiate EERs within the TRP from Emission Reduction Credits in Rule 204 (Emission Reduction Credit Generation, Certification and Use). ○ Incorporating SPS-2019-003 (Point of Contact and Documentation Criteria for Employers) into Section 3, Subsection A (Point of Contact for Employers). ○ Incorporating SPS-2018-003 (Travel Reduction Program Regional Task Force Survey Response Rate Policy) into Section 3, Subsection B (Annual Survey). An option for employers to use a stratified statistically significant random response rate was also added to this provision. ○ Incorporating SPS-2018-004 (Travel Reduction Program – Research and Analysis Surveying Field Workers) into Section 3, Subsection B (Annual Survey). ○ Incorporating SPS-2018-002 (Travel Reduction Program – Plan Review Acceptable Incentive Items) into Section 3, Subsection C (Travel Reduction Plan). ○ Incorporating SPS-2018-006 (Travel Reduction Program – Electric Vehicle Charging Station Credit) into Section 3, Subsection C (Travel Reduction Plan). A passenger vehicle requirement was also added to the Electric Vehicle Charging Station Credit subsection to further clarify the intent of this provision. ○ Removing all example travel reduction measures and EER measures from the ordinance. • Incorporating SPS-2018-005 (Travel Reduction Program – Enforcement) into Section 4 (Enforcement). 12 5. Studies relied on in the control officer's evaluation of or justification for the ordinance and where the public may obtain or review the studies, all data underlying the studies, any analysis of the studies and other supporting material. Not applicable. 6. An economic, small business and consumer impact statement: The following discussion addresses each of the elements required for an economic, small business and consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections A, B and C, and 41-1035: An identification of the proposed ordinance making, including all of the following: This ordinance making is proposing to revise Ordinance P-7. (a) The conduct and its frequency of occurrence that the ordinance is designed to change. This ordinance making is designed to update and clarify existing compliance requirements of the ordinance, which is based on state statute. Ordinance P-7 has not been revised since 1997. There have been many technological changes over the past 23 years that must be updated in the ordinance in order to improve clarity of the ordinance and the effectiveness of the TRP. (b) The harm resulting from the conduct the ordinance is designed to change and the likelihood it will continue to occur if the ordinance is not changed. This ordinance making is designed to update and clarify existing compliance requirements of the ordinance, which is based on state statute. (c) The estimated change in frequency of the targeted conduct expected from the ordinance change. This ordinance making is designed to update and clarify existing compliance requirements of the ordinance, which is based on state statute. A brief summary of the information included in the economic, small business and consumer impact statement. The proposed revisions to Ordinance P-7 do not impose any new compliance burdens on small businesses in Maricopa County. Name and address of agency employees who may be contacted to submit or request additional data on the information included in the economic, small business and consumer impact statement. Name: Laura Jardieanu or Kimberly Butler Maricopa County Air Quality Department Planning and Analysis Division Address: 3800 N Central Avenue, Suite 1400 Phoenix, AZ 85012 Telephone: (602) 506-6010 Fax: (602) 506-6179 13 Email: AQPlanning@maricopa.gov Submit Comments At: http://maricopa.gov/FormCenter/Regulatory-Outreach- 17/Citizen-Comments-94 An identification of the persons who will be directly affected by, bear the costs of or directly benefit from the proposed ordinance making. This ordinance making will directly affect major employers in Maricopa County. A major employer is defined in A.R.S. 49-581 as “an employer with one hundred or more employees […] except that in area A the threshold is fifty employees.” This ordinance making will benefit the residents of Maricopa County by reducing the frequency of single-occupancy commuting, thereby improving air quality and traffic congestion issues. A cost benefit analysis of the following: (a) The probable costs and benefits to the implementing agency and other agencies directly affected by the implementation and enforcement of the proposed ordinance making. This ordinance making should not impose any new costs on the MCAQD or on any other agencies affected by the proposed ordinance. (b) The probable costs and benefits to a political subdivision of this state directly affected by the implementation and enforcement of the proposed ordinance making. This ordinance making should not impose any new costs on political subdivisions of this state affected by the proposed ordinance. (c) The probable costs and benefits to businesses directly affected by the proposed ordinance making, including any anticipated effect on the revenues or payroll expenditures of employers who are subject to the proposed ordinance making. This ordinance making should not increase costs for any businesses in Maricopa County and should not have any effect on revenues or payroll expenditures for businesses affected by the proposed ordinance making. This ordinance making should benefit businesses by improving the health and wellness of employees and their families, thus improving employee productivity. A general description of the probable impact on private and public employment in businesses, agencies and political subdivisions of this state directly affected by the proposed ordinance making. This ordinance making should have no impact on private or public employment in businesses, agencies, and political subdivisions of this state. A statement of the probable impact of the proposed ordinance making on small businesses. The statement shall include: (a) An identification of the small businesses subject to the proposed ordinance making. 14 This ordinance making only affects major employers within Maricopa County. A major employer is defined in A.R.S. 49-581 as “an employer with one hundred or more employees […] except that in area A the threshold is fifty employees.” Therefore, by definition, there are no small businesses subject to the proposed ordinance. (b) The administrative and other costs required for compliance with the proposed ordinance making. There are no small businesses subject to the proposed ordinance. (c) A description of the methods that the agency may use to reduce the impact on small businesses. i. Establish less stringent compliance or reporting requirements in the ordinance for small businesses. There are no small businesses subject to the proposed ordinance. ii. Establish less stringent schedules or deadlines in the ordinance for compliance or reporting requirements for small businesses. There are no small businesses subject to the proposed ordinance. iii. Consolidate or simplify the ordinance's compliance or reporting requirements for small businesses. There are no small businesses subject to the proposed ordinance. iv. Establish performance standards for small businesses to replace design or operational standards in the ordinance. There are no small businesses subject to the proposed ordinance. v. Exempt small businesses from any or all requirements of the ordinance. There are no small businesses subject to the proposed ordinance. (d) The probable cost and benefit to private persons and consumers who are directly affected by the proposed ordinance making. This ordinance making should not result in any significant costs for private persons and consumers. A statement of the probable effect on state revenues. The ordinance making will not impose increased monetary or regulatory costs on other state agencies, political subdivisions of this state, persons, or individuals so regulated. Without costs to pass through to customers, there is no projected change in consumer purchase patterns and, thus, no impact on state revenues from sales taxes. A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed ordinance making, including the monetizing of the costs and benefits for each option and providing the rationale for not using nonselected alternatives. The proposed changes do not include any intrusive or costly methods for reducing single- occupancy commuting patterns within Maricopa County. 15 A description of any data on which an ordinance is based with a detailed explanation of how the data was obtained and why the data is acceptable data. Not applicable. 7. The proposed effective date of the ordinance: The proposed effective date of this ordinance making is November 18, 2020. 8. Such other matters as are prescribed by statute and that are applicable to the county or to any specific rule or ordinance: Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than those adopted by the Director of the Arizona Department of Environmental Quality (ADEQ) for similar sources unless it demonstrates compliance with the applicable requirements of A.R.S. §49-112. § 49-112 County regulation; standards § 49-112(A) When authorized by law, a county may adopt a rule, ordinance or regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if all of the following requirements are met: 1. The rule, ordinance or regulation is necessary to address a peculiar local condition. 2. There is credible evidence that the rule, ordinance or regulation is either; (a) Necessary to prevent a significant threat to public health or the environment that results from a peculiar local condition and is technically and economically feasible. (b) Required under a federal statute or regulation or authorized pursuant to an intergovernmental agreement with the federal government to enforce federal statutes or regulations if the county rule, ordinance or regulation is equivalent to federal statutes or regulation. 3. Any fee or tax adopted under the rule, ordinance or regulation does not exceed the reasonable costs of the county to issue and administer the permit or plan approval program. § 49-112(B) When authorized by law, a county may adopt rules, ordinances or regulations in lieu of a state program that are as stringent as a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if the county demonstrates that the cost of obtaining permits or other approvals from the county will approximately equal or be less than the fee or cost of obtaining similar permits or approvals under this title or any rule adopted pursuant to this title. If the state has not adopted a fee or tax for similar permits or approvals, the county may adopt a fee when authorized by law in the rule, ordinance or regulation that does not exceed the reasonable costs of the county to issue and administer that permit or plan approval program. The MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). The State of Arizona has a Travel Reduction Program statute (A.R.S. §§ 49-581, et seq.) which gives Maricopa County 16 the authority to maintain the TRP. This ordinance making is not making the ordinance more stringent than the state statute. 9. List of all previous notices posted to the Maricopa County EROP website addressing the proposed rule and a concise explanatory statement, as prescribed by A.R.S. § 49- 471.07, subsection B: (a) List of all previous notices posted to the Maricopa County EROP website addressing the proposed ordinance: Notice Date of Posting Briefing Notification to County Manager: May 8, 2019 Notice of Stakeholder Workshops: September 11, 2019 November 20, 2019 Notice of Board of Health Meeting to Initiate Regulatory Change: October 14, 2019 Notice of Proposed Ordinance Making: July 9, 2020 Notice of TRP Task Force Meeting September 1, 2020 (b) The following discussion addresses each of the elements required for a concise explanatory statement, as prescribed by A.R.S. § 49-471.07, subsection B: i. A description of any change between the proposed ordinance, the final ordinance or notice of final supplemental ordinance. The following changes were made after the Notice of Proposed Ordinance Making was published on July 9, 2020: 1. In response to stakeholder comments, the MCAQD removed the phrase “available from TRP staff” in Section 3(C)(5); Equivalent Emissions Reduction (EER) Credits. 2. The word “local” was added to the phrase “highest ranking official” in Section 3(C)(2)(a)(2) and now reads as “highest ranking local official”. ii. A summary of the comments and arguments for and against the notice and the county’s response to the comments and arguments. The following discussion evaluates the arguments for and against the ordinance and includes responses to comments received on the proposed ordinance or the preamble in the Notice of Proposed Ordinance Making. The MCAQD received written comments from seven (7) stakeholders. All of the comments were reviewed and evaluated by the MCAQD. Comment #1: I support the proposed changes and hope to see a few more! 1.1: Please review definitions for what is deemed “clean”. Not all are accurate (ex: clean off road mobile equipment). Return to list of attachments 17 1.2: Please incorporate language that encourages employers to examine onsite offerings that reduce trips (gyms, cafes, medical, etc.). 1.3: Please edit [the section on lead transportation coordinators] to read “must have the authority to make [decisions]…” 1.4: Please refine [the section on travel reduction measure requirements] to make more clear when the 2 vs. 4 measure requirements go into effect. Response #1: Thank you for your comments. Below is a response to each comment. 1.1: Change was made to remove the word “clean” from the ordinance. In the case of off-road mobile equipment, all example EERs are being removed from the ordinance and will instead be expanded upon in the forthcoming TRP Handbook. 1.2: Change was made to remove section on example measures entirely. This information will be contained in the forthcoming TRP Handbook. 1.3: Upon evaluation of the recommendation, this change was made. 1.4: Change was made to add clarifying language in the Requirements section (Section 3(C); Travel Reduction Plan) as follows: “For major employers or schools who do not meet a reduction goal in the second program year, the plan shall contain at least two measures and shall contain at least four measures if a reduction goal is not met in any program year thereafter. Employers must demonstrate to TRP staff that the proposed measures have the potential to reduce SOV/SOVMT rates in order to be recommended for approval into an employer’s travel reduction plan. TRP staff can advise employers on measures appropriate to their specific site(s). After any subsequent program year in which the reduction goal is not met, the Task Force shall review the travel reduction program of any employer and may recommend additional measures.” Comment #2: We have some concerns about the TRP rules. 2.1: TRP use of EV chargers as a compliance tool. I mentioned this issue during the stakeholder meeting, but I did not articulate it well, because I had a feeling there was a conflict, but I was not certain what it was. After having done some research here is the issue as I see it. I am worried that the new TRP rules, which include an option for folks to use EV charging stations as a tool to meet the TRP requirements, may be unknowingly restricting future non-traditional offset options by including them in the TRP. Here’s the thinking: A. County rule 204 defines “Surplus” as: “A reduction in qualifying emissions not otherwise required by a federally applicable requirement and not relied upon in the State Implementation Plan.” part 221 18 B. ADEQ defines “Surplus” as: “Surplus” means a reduction in qualifying emissions is not otherwise required by an applicable requirement and not relied upon in the state implementation plan.” R18-2-1201 (pretty much the same). C. Our concerns is that the definitions of both ADEQ and County include “relied upon in the SIP” as part of the definition of surplus. If the SIP relies upon the TRP program, which it does, it would concern me that anything within the TRP program would no longer be surplus. Therefore, if the TRP plan utilizes EV charging stations as a way to comply with TRP does that mean that the emissions reduced by the EV chargers are no longer surplus? Even if no one utilizes the EV charging option to comply with TRP, merely having it in the TRP could be read as removing it from “surplus.” I appreciate what the TRP plan is trying to do by adding the charging station option, and I completely support the concept, except that it conflicts with future potential offset options. I don’t see a strong enough value in having it within the TRP to risk limiting our future offset opportunities. If you’d like to have a meeting with us or discuss with ADEQ, please let me know, so we can verify which is the correct way to proceed. 2.2: Also, I noticed that the TRP proposes removing of hydrogen as an alternative fuel (definition 2, Section 2). Not sure why they wanted to remove that at this junction. Hydrogen has become a significant “tool” in the decarbonization toolbox and that will help us with ozone as well. Nikola is putting in a hydrogen powered semi manufacturing facility in Casa Grande and planning on building hydrogen refueling stations throughout Arizona. In other words, please leave hydrogen in as an alternative fuel. Response #2: Thank you for your comments. Below is a response to each concern provided in your comments. 2.1: The Electric Vehicle (EV) charging station credit currently exists as a substantive policy statement (SPS) and employers are already able to use this method for obtaining credit on their travel reduction plans, if they qualify. It is correct that the TRP program is relied upon in the Arizona SIP, and therefore, employers who choose to use their EV charging stations for credit on their TRP plan would not be able to use the emission reductions from their EV charging stations for other emissions reductions programs. Any use of the emission credits outside of the TRP would be subject to those regulations and typically do not allow for the use of credits in more than one program. On the other hand, an employer could choose to instead use their emission reductions from the use of EV charging stations for credits in other programs but would then be unable to also claim credit on their travel reduction plan. It is worth noting that, for the purposes of this ordinance, the EV charging station would need to power non-fleet (commuter) vehicles in order to be eligible for credit on the TRP plan. 19 2.2: The term Alternative Fuels has been removed from the ordinance because revisions to the ordinance have removed all references to the term. Comment #3: [Our Organization] has long been a proponent of addressing Arizona’s air quality issues. Our organization has been a willing and an engaged partner in efforts to ensure Arizona counties are in compliance with all applicable federal air quality standards wherever practical and possible, especially in Maricopa County. [Our Organization] is proud of our partnership with the Maricopa County Air Quality Department (MCAQD) in addressing air quality issues through our ongoing participation in community outreach campaigns, as well as working collaboratively on important air related legislation and regulatory issues. Our members have consistently been at the table with MCAQD and the Arizona Department of Environmental Quality working on reasonable and practicable solutions to improve Maricopa County’s air quality. However, [Our Organization] does not support unrealistic and unmanageable policy changes such as that which MCAQD proposes in its revisions to Ordinance P-7 (Maricopa County Trip Reduction Ordinance). We appreciate the purpose in which this proposed revision is intended to achieve. However, it does not give consideration to the many mitigating circumstances which will make this proposal an unattainable regulatory mandate which will negatively impact [Members of our Organization]. Specifically, [Our Organization] opposes the proposed language in 3.a and 3.b of Ordinance P-7 that states: a. Maintain a rate of SOV trips or rate of SOVMT for employees of not more than 60%, or b. Attain target reductions in SOV trips or SOVMT. The first-year target will be a 10% reduction from the baseline established for the rate of SOVMT. The second through fifth year target will be a 10% reduction from the target of the previous year; targets following the fifth year will be a five percent reduction from the target of the previous year, [Members of our Organization] have long embraced emissions-reducing activities such as telecommuting and flexible working arrangements. However, this proposed revision as drafted is not practicable. This is the situation due to the geographically diverse workforce of many of our manufacturers in the county whom encounter their unique circumstances in traveling to and from the workplace. To possibly place even more restrictions on such a workforce is neither fair nor reasonable and as mentioned will be unmanageable at best and possibly result in a reduction in qualified workforce at many of our manufacturers and industries here in Maricopa where these same companies already struggle to hire capable and qualified personnel. [Our Organization] strongly urges the Maricopa County Air Quality Department to strike the proposed changes to 3.a and 3.b of Ordinance P-7. Instead, we would encourage the department to continue to work in a collaborative and cooperative fashion with job creators to design a travel reduction program strategy that is realistic and will have actual results in improved air quality. 20 We look forward to our continued partnership with MCAQD in developing commonsense measures that will be more effective in achieving emission reductions. Response #3: Thank you for your comment. Below is a response to each concern provided in your comments. Regarding your concerns with the provisions in Section 3.B.3.a. and b., we would like to assure you that there are no new requirements to the ordinance nor any proposed changes to the implementation of those requirements by Travel Reduction Program (TRP) staff. The provisions mentioned in your comment have been part of the ordinance language since 1994 and were approved by the EPA as part of the State Implementation Plan (SIP) in 1998. The only proposed revisions to that section involve shortening several terms into acronyms (i.e.: SOV, SOVMT) and changing numbers that have been spelled out into numerical digits (i.e.: 60%, 10%). In addition, the requirements in Ordinance P-7 are meant to mirror those in A.R.S. 49-588 Section E: E. Employers shall implement all travel reduction measures they consider necessary to attain the following reduction in the proportion of employees commuting by single occupancy vehicles or commuter trip vehicle miles travel reductions per regulated work site: 1. Five per cent reduction in the proportion of employees commuting by single occupancy vehicles as determined in the annual survey in the first year, except that in area A the reduction shall be ten per cent. 2. In the second, third, fourth and fifth years, an additional five per cent reduction in the proportion of employees commuting by single occupancy vehicles as determined in the annual survey, except that in area A the reduction shall be ten per cent. If the percentage of employees commuting in single occupancy vehicles is sixty per cent or less, additional reductions are not required.” Comment #4: Please see attached scanned document for comments to draft Ordinance P-7. Email Attachment Response #4: Thank you for your comment. MCAQD has reviewed the scanned document and has made the following change in response to your comments: • To avoid confusion, all references to “school” which indicate it as a separate category from major employer have been removed. In addition, the MCAQD made further revisions based on your comments to correct typographical or clerical errors and minor grammatical changes to improve readability or clarity, as well as various other minor improvements of a purely editorial nature. Comment #5: 21 5.1: The difference in the definitions between Transportation Coordinator v. Lead Transportation Coordinator are not clear. Is LTC replacing Highest Ranking Official? Site TC needs a definition. 5.2: The survey statistical penalty needs to be described. 5.3: "Incentive or Swag Items" should be changed to just "Swag Items". There are many Incentives that probably shouldn't be removed based solely on performance (e.g. transit passes). How will you determine if these items are attributable to performance? 5.4: Peak Commute Trip Reductions. Do you mean to say on or after 4pm? Ending at 5pm wouldn't be considered the peak? Response #5: Thank you for your comments. Below is a response to each concern provided in your comments. 5.1: A change was made to remove the terms “Highest Ranking Local Official (HRLO)” and “Lead Transportation Coordinator (LTC)” from the ordinance. A definition for Site TC has been added for clarity. 5.2: A description of the statistical penalty is included in Section 3(B)(2)(c) and reads as follows: All non-respondents to the annual survey for a site below the minimum required response rate are recorded as an SOV commuter (up to the required response rate in the plan or 60% if there is no documented response rate in the employer’s approved plan) when calculating the analysis. 5.3: A change was made to replace the term “swag” with the term “promotional item”. The definition of swag has been removed and all references to it have been replaced with the term “promotional item”. Regarding your question on transit passes, this would not be considered a promotional item for the purposes of this ordinance. Providing transit passes to employees would be considered a travel reduction measure and are not subject to the provisions regarding promotional items. 5.4: All example Equivalent Emissions Reduction (EER) measures are being removed from the ordinance and will instead be expanded upon in the forthcoming TRP Handbook Comment #6: [Our Company] is proud to have innovated and invested in Arizona for 40 years. Responsible stewardship of our state's environmental resources, including the environmental impact associated with employee commute options, is important to our community's future. Reducing single occupancy vehicle trips in Maricopa County will require close collaboration between government, private industry, and the communities in which we live and work. In addition, [Our Company] and other employers in the state have made significant investments in on-site services such as cafés, gyms, medical services, banks, and more, and should receive credit for reducing the number of additional vehicle trips taken by employees. We request that these trip reduction efforts be clarified in 22 Section 7, P7-22 and/or Section 9, P7-32, and detailed in the forthcoming TRP Handbook and reflected in a revised version of the Trip Reduction Plan Form. We welcome the opportunity to work with Maricopa County on providing additional detail and feedback on the points above. Response #6: Thank you for your comments. A change was made to remove the section on example travel reduction measures entirely. This information will be contained in the forthcoming TRP Handbook and the Travel Reduction Plan Form will be revised accordingly. Comment #7: [Our Organization] supports Ordinance P-7: Maricopa County Trip Reduction. While we understand the need to clarify and update Ordinance P-7, we are concerned with some of the proposed changes and we disagree with others. Please consider the following comments: 7.1: Appendix A and other credit calculations should be placed within the text of the Ordinance. 7.2: We strongly oppose the removal of calculations within the text and the addition of the phrase “available from TRP staff” in the following, • under the new Section 5. Equivalent Emissions Reductions (EER) Measures, part a.) Credit calculations and related assumptions for the implementation of measures identified in this section are available from TRP staff. • in part a.) (3) Rates of SOV and SOVMT shall be converted to pounds of emissions in order to determine the credit amount given. Conversion calculations for EER measures are available from TRP staff. We recommend including these calculations in a new section instead of simply removing Section 13, Appendix A, and Table 3. Calculations. 7.3: We also recommend that the following not be removed from Section 5. Equivalent Emissions Reductions (EER) Measures, part a.) (4) a), b), c), and d). 7.4: We disagree with the removal of Section 5. Equivalent Emissions Reductions (EER) Measures B) as this explains how credits are obtained. Please consider these recommendations and comments when revising Ordinance P-7. We are particularly concerned that the calculations to obtain credits are still included within the text. Response #7: Thank you for your comments. Below is a response to each concern provided in your comments. 7.1: The MCAQD has evaluated your comment and determined it is best to remove all EER calculations from the ordinance. If the calculations are 23 placed in the ordinance, employers will be restricted to the use of only those calculations in the ordinance. This will prevent the development and use of new EER measures related to new technologies which may require new calculations not present in the ordinance. The MCAQD wants to maintain flexibility in the ordinance for the development of new EER measures and removing the calculations will allow the MCAQD this flexibility. In addition, the MCAQD will provide guidance on EER measures and calculations in the forthcoming TRP handbook. 7.2: The phrase “available from TRP staff” has been removed from those two sections of the ordinance. Guidance on conversion calculations for EER credit will be included in the forthcoming TRP Handbook. 7.3: All detailed information on the calculations for EER credit are being removed from the ordinance in order to maintain flexibility in the ordinance for the development of new EER measures and allow for more frequent updating of calculations which are based on the most current EPA emissions data. Guidance on calculations to determine EER credit will be included in the forthcoming TRP Handbook. 7.4: All example EER measures are being removed from the ordinance to reduce redundancy with statute. The information on how EER measures are obtained will be available in the TRP Handbook. All of the measures listed in A.R.S 49-588 will still be available for use as EERs. These details will also be included in the TRP Handbook, where they can be more frequently updated with best practices in alternative emission reduction strategies. EXACT WORDING OF THE ORDINANCE MARICOPA COUNTY TRIP REDUCTION ORDINANCE AIR POLLUTION CONTROL REGULATIONS ORDINANCE NO. P-7 TRAVEL REDUCTION PROGRAM INDEX Adopted as Amended by Board of Supervisors July 23, 1997 SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS Adjustment Factor Alternative Fuel Alternative Fuel Vehicle (Dedicated) Return to list of attachments 24 Alternative Fuel Vehicle (Dual-Fuel) Alternative Fuel Vehicle (Flexible-Fuel) A. ALTERNATIVE MODE B. ALTERNATIVE MODE USER Approvable Trip Reduction Plan C. AREA A Area Source Arizona Emissions Standards D. BOARD Carpool Certified Vehicle Clean Air Act Clean Off-Road Mobile Equipment Clean On-Road Vehicle E. COMMUTE TRIP F. COMMUTER MATCHING SERVICE Compressed Work Week G. COUNTY H. DEVICE I. DOCUMENTATION J. ELECTRIC VEHICLE (EV) K. ELECTRIC VEHICLE CHARGING STATION (EVCS) L. EMISSIONS M. EMPLOYEE N. EQUIVALENT EMISSIONS REDUCTION (EER) CREDIT O. EQUIVALENT EMISSIONS REDUCTION (EER) MEASURE Equivalent Emissions Reduction Target Federal Clean Fuel Fleet Vehicle (CFFV) Standards P. FIELD WORKER (FW) Fuel Additive Handheld Equipment High-Polluting Vehicle Q. MAIN SITE 25 R. MAJOR EMPLOYER (EMPLOYER) S. MARICOPA COUNTY TRAVEL REDUCTION PROGRAM (TRP) T. MODE U. MOTOR VEHICLE V. NOTICE OF DISAPPROVAL W. NOTICE OF VIOLATION (NOV) Off-Road Engine Off-Road Mobile Equipment X. ORDER OF ABATEMENT BY CONSENT (OAC) Y. PLAN YEAR Political Subdivision Z. PROGRAM YEAR AA. PROMOTIONAL ITEM Quantifiable BB. RATE OF SINGLE-OCCUPANCY VEHICLE MILES TRAVELED CC. RATE OF SINGLE-OCCUPANCY VEHICLE TRIPS Real Reduced Emissions Vehicle Reduced Emissions Vehicle Credit Reduced Emissions Vehicle Factor Reduced Emissions Vehicle Standards Remaining Useful Life Remote Sensing DD. REQUEST FOR DOCUMENTATION (RFD) EE. Ridesharing RIDESHARE FF. SCHOOL GG. SINGLE-OCCUPANCY VEHICLE (SOV) HH. SINGLE-OCCUPANCY VEHICLE MILES TRAVELED (SOVMT) II. SITE TRANSPORTATION COORDINATOR (SITE TC) JJ. STAFF Staggered Work Schedule KK. STRATIFIED STATISTICALLY SIGNIFICANT RANDOM RESPONSE RATE LL. STUDENT 26 Substantially Lower Emitting Vehicle Surplus MM. SURVEY NN. SURVEY DATA RESULTS Telecommuting Trade-Out OO. TRANSIT PP. TRANSPORTATION COORDINATOR (TC) QQ. Trip TRAVEL REDUCTION MEASURE (MEASURE) RR. TRAVEL REDUCTION PLAN (PLAN) SS. TRIP TRAVEL REDUCTION PROGRAM TT. TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE (TASK FORCE) Utility Engine Utility Equipment Vanpool Vehicle Occupancy Voluntary Participant UU. WORK-RELATED TRIP VV. WORK SITE (SITE) SECTION 7 SECTION 3 – REQUIREMENTS OF MAJOR EMPLOYERS AND SCHOOLS A. POINT OF CONTACT FOR EMPLOYERS B. ANNUAL SURVEY C. TRAVEL REDUCTION PLAN SECTION 12 SECTION 4 – ENFORCEMENT A. REQUEST FOR INFORMATION AND DOCUMENTS B. TASK FORCE REVIEW C. ENFORCEMENT ACTIONS SECTION 10 B. D. CIVIL PENALTIES SECTION 11 E. APPEALS SECTION 3 REGIONAL TRIP REDUCTION TASK FORCE COMPOSITION SECTION 4 DUTIES AND POWERS OF THE TASK FORCE SECTION 5 STAFF DUTIES 27 SECTION 6 VOLUNTARY PARTICIPATION SECTION 8 EQUIVALENT EMISSIONS REDUCTION MEASURES SECTION 8 A. REDUCED EMISSIONS VEHICLE CREDIT SECTION 8 B. EQUIVALENT EMISSIONS REDUCTION CREDIT SECTION 9 VARIANCES SECTION 10 EXEMPTIONS SECTION 10 A. PRODUCTION OF RECORDS AND OTHER INFORMATION SECTION 13 APPENDIX A 28 ADOPTED November 24, 1992 AMENDED July 23, 1997 Adopted 11/24/1992; Revised 05/26/1994; Revised 07/23/1997; Revised XX/XX/XXXX MARICOPA COUNTY ORDINANCE AIR POLLUTION CONTROL REGULATIONS ORDINANCE NO. P-7 MARICOPA COUNTY ORDINANCE NO. 7 TRIP TRAVEL REDUCTION PROGRAM SECTION 1 – GENERAL A. PURPOSE: Pursuant to A.R.S. § 49-581, et. Sseq., the purpose of this ordinance is to reduce traffic impacts on air pollution and emissions within the County by requiring major employers and schools to develop, implement, and maintain a Trip Reduction Program travel reduction program. B. APPLICABILITY: This ordinance applies to the following: 1. Any employer located in Area A within Maricopa County with 50 or more employees working at or reporting to a single work site. 2. Any employer located outside of Area A within Maricopa County with 100 or more employees working at or reporting to a single work site. SECTION 2 – DEFINITIONS For the purpose of this ordinance, the following definitions shall apply: In this ordinance, unless the context otherwise requires: Adjustment Factor means a factor of .5 applied to a commute trip or commute mile for the purpose of calculating equivalent emissions reduction credit for reducing peak commute trips and work-related trips. Alternative Fuel means liquefied petroleum gas, natural gas, hydrogen, solar energy, electricity, a blend of hydrogen with liquefied petroleum or natural gas and alcohol fuels that contain not less than eighty-five percent alcohol by volume. Alternative Fuel Vehicle (Dedicated) means any motor vehicle engineered and designed to operate only on alternative fuel. Alternative Fuel Vehicle (Dual-Fuel) means any motor vehicle engineered and designed to operate on either petroleum-based or alternative fuel, but not a mixture. Alternative Fuel Vehicle (Flexible-Fuel) means any motor vehicle engineered and designed to operate on a varying mixture of petroleum-based fuel and alternative fuel. 29 A. ALTERNATIVE MODE: means any Any mode of commute transportation other than the single-occupancy vehicle. B. ALTERNATIVE MODE USER: A commuter who uses an alternative mode of transportation to travel to work or school. Approvable Trip Reduction Plan means a plan meeting the requirements of Section 7. C. AREA A: The area in Maricopa County prescribed in A.R.S. § 49-541(1). Area Source means a any minor source, as defined by A.R.S. §49.401.01(15), that is not a major source, as defined by A.R.S. §49-401.01(13). Such sources may include: dry cleaners, printers, auto body shops, service stations, construction sites, architectural coatings, fireplaces, and consumer solvents. Arizona Emissions Standards means the set of motor vehicle emissions standards in Table 18, pursuant to A.R.S. §49-542. D. BOARD: means the The Maricopa County board Board of supervisors Supervisors. Carpool means two to four persons commuting in a motor vehicle to or from work or school. Certified Vehicle means any motor vehicle that has met all criteria identified in Section 8, subsection B(1)(C) 9(c) and 9(f) for an alternative fuel vehicle, or Section 8, subsection B(1)(D) for a motor vehicle with a device. Clean Air Act means the Clean Air Act of 1963, (P.L. 88-206); 42 United States Code section 7401 through 7671 as amended by the Clean Air Act amendments of 1990 (P.L. 101-549). Clean Off-Road Mobile Equipment means off -road equipment and vehicles powered by off-road or utility engines that meet the emissions standards in Appendix A. Clean On-Road Vehicle means a reduced emissions vehicle. E. COMMUTE TRIP: means a A trip taken by an employee to or from a work site located within the County, or by a student to or from a school site located within the County. F. COMMUTER MATCHING SERVICE: means a A system, whether it uses computer or manual methods, which that assists in matching employees and/or students for the purpose of sharing rides to reduce commuter travel. Compressed Work Week means any work schedule that eliminates at least one commute trip to a work site or school site in each two-week period. G. COUNTY: means Maricopa County. H. DEVICE: means any Any component or equipment that is designed to be installed in or on a motor vehicle as an addition to, as a replacement for, or through alteration or modification 30 of, any original component or device. Any fuel conversion configuration, or conversion kit is a device. I. DOCUMENTATION: Copies of promotions, receipts, registration forms/lists, reports or other information an employer must supply to support the approval/implementation of a plan or annual survey. J. ELECTRIC VEHICLE (EV): Any vehicle with an electric motor that is powered by a battery and can be recharged by connecting to a source of energy, such as a plug-in hybrid, battery electric, or hydrogen fuel cell vehicle. For the purposes of this ordinance, such a vehicle must be used to transport a person from their home to their work site in order to qualify for the EV Charging Station Credit detailed in Section 3(C)(4). K. ELECTRIC VEHICLE CHARGING STATION (EVCS): A piece of infrastructure used exclusively for the purpose of charging electric vehicles. L. EMISSIONS: means the The release of pollutants or pollutants released into the ambient air. M. EMPLOYEE: means an employee A person who works at, or reports to, a single work site within the County during any time period of a twenty-four 24-hour day, at least three days per week, during any six months of the year. N. EQUIVALENT EMISSIONS REDUCTION (EER) CREDIT: means the The credit applied to the rates of single-occupancy vehicle trips and/or miles traveled when an emissions reduction, other than a reduction in the number of single-occupancy vehicle trips or vehicle miles traveled, is achieved. O. EQUIVALENT EMISSIONS REDUCTION (EER) MEASURE: means a A procedure or process implemented to reduce emissions other than those from commute trips and commute miles. Such measured are identified in Section 8, subsection B. Equivalent Emissions Reduction Target means the target rates of single-occupancy vehicle trips and miles traveled converted to pounds of emissions so that credit may be applied when equivalent emissions reduction measures are implemented. Federal Clean Fuel Fleet Vehicle (CFFV) Standards means the standards to which low emissions vehicles are certified pursuant to 40 CFR Part 88. P. FIELD WORKER (FW): A field-based employee that regularly commutes/reports to other sites in and around Maricopa County instead of the main work site that the employee is primarily assigned to. Fuel Additive means any substance designed to be combined with gasoline for the purpose of increasing fuel efficiency and reducing emissions of motor vehicles, off-road mobile equipment, or area sources. Handheld Equipment means utility equipment that the operator is required to fully support its weight for the equipment to properly perform its design function. 31 High-Polluting Vehicle means a vehicle that fails the state of Arizona’s vehicle emissions inspection test. Q. MAIN SITE: A site designated by the Transportation Coordinator and Travel Reduction Program staff that has a combination of office and field workers, also referred to as the primary site. R. MAJOR EMPLOYER (EMPLOYER): means a A sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, school, district, or other individual or entity, public or private, who employs 50 or more employees working at, or reporting to, a single work site., subject to the applicability provisions in Section 1(B). S. MARICOPA COUNTY TRAVEL REDUCTION PROGRAM (TRP): The Travel Reduction Program mandated by A.R.S. §49-581, et seq. that is administered by Maricopa County staff. T. MODE: means the A type of conveyance transportation used for commute trips, including single-occupancy motor vehicles, rideshare vehicles, transit, bicycles, and walking. U. MOTOR VEHICLE: means any Any self-propelled vehicle including a car, van, bus, motorcycle, golf carts, and all other motorized vehicles. including golf carts. V. NOTICE OF DISAPPROVAL: Written communication made by TRP staff to the employer informing them of the Task Force’s decision on their annual survey or travel reduction plan. W. NOTICE OF VIOLATION (NOV): Written notification that outlines any deficiency in complying with the requirements of the TRP and provides a deadline to correct before the matter is sent to the Task Force for enforcement consideration. Off-Road Engine means a heavy-duty diesel engine with a diesel cycle engine greater than 175 horsepower designed to power equipment such as that used in agriculture, construction, forestry, industrial, and mining industries. Off-Road Mobile Equipment means equipment and vehicles not licensed for on-road use, that are designed to operate during transport and emit or generate emissions while in motion or at rest. Such equipment and/or vehicle is powered by a utility or off-road engine and includes equipment such as: tractors, backhoes, excavators, dozers, portable generators and compressors, lawn mowers, edgers, trimmers, blowers, vacuums, tillers, shredders, grinders, chainsaws, riding mowers, and garden tractors. X. ORDER OF ABATEMENT BY CONSENT (OAC): Agreement between an employer, Maricopa County Air Quality Department and the Task Force that includes a settlement penalty (payment) to resolve an enforcement action. Y. PLAN YEAR: The period of time from the date the original travel reduction plan was submitted until subsequent travel reduction plan submission. 32 Political Subdivision means the County or an incorporated city or town within the County. Z. PROGRAM YEAR: The period of time from survey start date to the next scheduled survey start date. AA. PROMOTIONAL ITEM: Any type of company paraphernalia or promotional items, including but not limited to, hats, shirts, coffee mugs, water bottles, pens, etc. with or without company logo on the item, given by an employer to its employees and/or students, and intended as an incentive for the employees and/or students to participate in their employer’s or school’s travel reduction program. Quantifiable means the ability to estimate in terms of amount and characteristics. BB. RATE OF SINGLE-OCCUPANCY VEHICLE MILES TRAVELED: means the The number of single-occupancy vehicle commute trip miles traveled divided by the total number of vehicle commute trip miles traveled by all modes for that work site or school site. CC. RATE OF SINGLE-OCCUPANCY VEHICLE TRIPS: means the The number of single-occupancy vehicle commute trips taken by all modes for that work site or school site. Real means actually occurring, implemented and not artificially devised. Reduced-Emissions Vehicle means a motor vehicle, including a clean on-road vehicle, that is certified by the Task Force as being substantially lower emitting in actual use than like vehicles generally purchased in the area and for trip reduction purposes, is counted as less than a single motor vehicle for commute and work-related trips. Reduced Emissions Vehicle Credit means the allowance given when a reduced emissions vehicle factor is applied to the rate of single-occupancy vehicle trips and/or single- occupancy vehicle miles traveled. Reduced Emissions Vehicle Factor means the factor applied to the rates of single-occupancy vehicle trips and miles pursuant to A.R.S. 49-581, et. seq. which will allow a reduced emissions vehicle to receive less than the full count than that of a regular single-occupancy vehicle trip or mile traveled. Reduced Emissions Vehicle Standards means the standards described in Section 8 for the purpose of applying reduced emissions vehicle factors and subsequent reduced emissions vehicle credit toward trip reduction goals. Remaining Useful Life means the estimated number of years remaining until an existing piece of equipment is removed from service. Remote Sensing means the use of an emissions monitoring device to detect, measure, and record emissions from motor vehicles. DD. REQUEST FOR DOCUMENTATION (RFD): Written communication from TRP staff to an employer that outlines any documentation that is required to determine compliance with the requirements of the TRP. 33 EE. Ridesharing RIDESHARE: means transportation Transportation of more than one person for commute purposes, in a motor vehicle, with or without the assistance of a commuter matching service. FF. SCHOOL: means for For the purpose of this ordinance, any school district, community college, trade school, university, or other educational institution having 50 or more employees or students working at, or reporting to, a single school site., subject to the applicability provisions in Section 1(B). GG. SINGLE-OCCUPANCY VEHICLE (SOV): means a A motor vehicle occupied by one employee or student for commute purposes, including motorcycles. HH. SINGLE-OCCUPANCY VEHICLE MILES TRAVELED (SOVMT): The number of miles traveled by an SOV from commute trips. II. SITE TRANSPORTATION COORDINATOR (SITE TC): A designated person employed at a particular work site by the employer that is responsible for assisting the TC with site-specific information, including but not limited to, annual survey data and travel reduction plan implementation and documentation. JJ. STAFF: means the County employees staff that are assigned to administer the travel reduction program and support the Task Force. Staggered Work Schedule means a work schedule that begins before the hour of 6:00 a.m. or after the hour of 10:00 a.m. KK. STRATIFIED STATISTICALLY SIGNIFICANT RANDOM RESPONSE RATE: A response rate established by dividing employees into relatively similar groups, and a random sample is surveyed from each group. LL. STUDENT: means a A driving-aged student person commuting to a single school site within the County at least three days per week. Substantially Lower Emitting Vehicle means any motor vehicle or group of motor vehicles demonstrating a carbon monoxide emissions level of twenty percent or more below the average carbon monoxide emissions of a like motor vehicle generally purchased in the area, as determined by the most recent EPA mobile monitoring model, and having the emissions standards identified in Table 1. Surplus means in excess of that required by law, rule, ordinance or permit. MM. SURVEY: A commuter questionnaire which is provided by the TRP and administered to employees and driving-age students by the employer. Conducted annually by the employer based on the employer’s program year. NN. SURVEY DATA RESULTS: means a A summary provided by staff, of the information from a major employer’s or school’s annual survey. Telecommuting means eliminating commute trips and/or vehicle miles traveled by allowing 34 employees to work at home, or a location close to home. Trade-Out means to permanently remove from use, or to retire, a high-polluting vehicle. OO. TRANSIT: means a A public transportation system including bus and light rail. of other public conveyance system. PP. TRANSPORTATION COORDINATOR (TC): means a person Person designated by a major employer or school to serve as the lead main person in developing and implementing a Trip Travel Reduction Program. QQ. Trip TRAVEL REDUCTION MEASURE (MEASURE): means an An incentive or disincentive, intended to reduce the rate of single-occupancy SOV commute trips, or the rate of single-occupancy vehicle miles SOVMT traveled. ; such as: a) A commuter matching service to facilitate ridesharing for commute trips; b) Providing of vans for vanpooling; c) Subsidies for carpooling or vanpooling including payment for fuel, insurance, or parking; d) Use of company vehicles for carpooling; e) Provision for preferential parking for carpool or vanpool users which may include close-in parking or covered parking facilities; f) Cooperation with other transportation providers to provide additional regular or express service buses to the work site or school site; g) Subsidized bus fares; h) Construction of special loading and unloading facilities for transit, carpool, or vanpool users; i) Cooperation with a political subdivision to construct walkways, or bicycle routes to the work site or school site; j) Provision of bicycle racks, lockers, and showers for employees who walk or bicycle to school; k) Establishment of a telecommuting program for employees; l) Establishment of a program of adjusted work hours which may include compressed work weeks or staggered work hours. Work hour adjustments should not interfere with or discourage the use of ridesharing and transit; m) Establishment of a program of parking incentives such as a rebate for employees or students who do not use the parking facility; n) Incentives to encourage employees to live closer to work or students to live closer to school; o) Provision of day care facilities; p) Emergency transportation services; q) Joining a Transportation Management Association; r) Incentives to encourage the use of certified vehicles for commute trips or work-related trips; s) Establishment of a trip reduction committee to define new strategies and assist with the implementation of measures; t) Replace gasoline powered motor vehicles with electric golf-type carts or bicycles for traveling at the work site; and u) Modify procedures to enable employees who normally commute for the sole purpose of picking up a company vehicle, to bring those vehicles home at the end of the work day to eliminate the commute trip. RR. TRAVEL REDUCTION PLAN (PLAN): means A written report describing travel reduction measures and/or equivalent emission reduction EER measures that a major employer or school intends to implement. SS. Trip TRAVEL REDUCTION PROGRAM: means A program that develops, implements and maintains a travel reduction plan by an employer or school that includes returning the employer report for the annual survey; administering and returning the annual survey; developing, submitting, promoting and implementing a travel reduction plan; and maintaining documentation/records. 35 TT. TRAVEL REDUCTION REGIONAL TASK FORCE (TASK FORCE): means the The Trip Travel Reduction Program Regional Task Force, designated by the Board as the responsible agency to implement and enforce this ordinance, and established in the Maricopa County by Title 49, Chapter 3, Article 8., Arizona Revised Statutes. A.R.S. § 49- 581, et seq. Utility Engine means an engine rated under 25 horsepower and designed to power equipment such as: lawn and garden, turf, and general landscaping. Utility Equipment means handheld or non-handheld off-road mobile equipment powered by a utility engine. Vanpool means more than four persons commuting in a motor vehicle to or from work or school. Vehicle Occupancy means the number of occupants in a motor vehicle including the driver. Voluntary Participant means an employer or school that is not included in the definition of a major employer or school and chooses to participate in the Trip Reduction Program. UU. WORK-RELATED TRIP: means any Any non-commute trip that originates and ends at a work site. VV. WORK SITE (SITE): means a A building and any group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights- or of -way and which are owned or occupied by the same major employer or school. SECTION 3 TRIP REDUCTION REGIONAL TASK FORCE COMPOSITION A) A Trip Reduction Regional Task Force is established in a County with a population of one million two hundred thousand or more persons for the purpose of this ordinance under Title 49, Section 582. The Regional Public Transportation Authority, established under Title 28, Chapter 20, and the regional planning agency for the County, shall provide assistance to the Task Force. The Task Force shall nominate a chair for the Task Force who is then officially appointed by the Board. The Board shall appoint the Trip Reduction Program director to supervise the staff and to be assistant chair of the Task Force. The director is not a voting member. B) The Board shall appoint members of the Task Force in an equitable manner. Task Force members shall be appointed to serve two-year terms, and membership shall be staggered so that no more than two-thirds of the appointed members’ terms expire on January 31, of any year. The Board shall determine the method of selection and appointment of Task Force members, as provided by law, ordinance or the guidelines established by Title 49, Chapter 3, Article 8., Arizona Revised Statutes. C) The Task Force members shall be appointed to represent interests affected by the Trip Reduction Program. Candidates for membership must be residents of the County and shall be selected from major employers and/or schools, a member or manager of a transportation management association, an owner or manager of a business park, industrial park, office building, shopping center or other concentration of commercial interests, a public interest 36 group established to address transportation or air quality issues or political subdivisions within the County. SECTION 7 SECTION 3 – REQUIREMENTS OF MAJOR EMPLOYERS AND SCHOOLS A major employer or school with 50 or more persons who are employees or students shall: A) A. POINT OF CONTACT FOR EMPLOYERS: An employer must designate a Transportation Coordinator (TC). An employer with multiple sites may also designate a Site Transportation Coordinator (Site TC). 1. Transportation Coordinator (TC) a. TCs will be responsible for: (1) Gathering and maintaining all documentation necessary to determine compliance with A.R.S. § 49-581, et seq. and this ordinance. Records must be made available to TRP staff upon request and without delay during normal business hours. (2) Having the authority to make decisions on behalf of the employer regarding the travel reduction program. (3) Completing the “Intro to TRP” training within 90 days of designation. (4) Ensuring daily access to a computer, email, and a telephone. b. The TC must be a regular employee or an external contractor of the employer hired specifically to manage the employer’s travel reduction program, preferably from the Human Resources (HR), Facilities or Transportation department. (1) For the purposes of this ordinance, temporary employees, interns and/or general contract employees will not be considered a regular employee. (2) If the employer hires an external contractor to manage the employer’s travel reduction program, they must also have a designated Site TC as described in Section 3(A)(2) (Site TC) of this ordinance. Documentation may be requested that verifies the external contractor’s designation as a TC. (3) Teleworkers and field workers that do not report to the work site at least three days per week should not be considered for a TC position. (4) An out-of-state TC must designate a Site TC as described in Section 3(A)(2) (Site TC) of this ordinance. 2. Site TC: a. Shall represent and assist the TC at their respective work site to disseminate travel reduction program information, surveys, incentives and other travel reduction program related issues. b. During an audit, shall have access to all documentation regarding TRP and be able to assist the TC when the TC is unavailable. c. Shall complete the “Intro to TRP” training within 90 days of designation. d. Must have daily access to a computer, email, and a telephone. 37 B. ANNUAL SURVEY 1. Survey Requirements: Employers shall Cconduct and submit to the Task Force, on an annual basis, a survey data for each work site as directed by the Task Force. An employer that is a high school, community college, or university shall include full-time students in determining the requirements of this ordinance. An major employer employer’s or school’s annual survey shall be reviewed by TRP staff to determine if the requirements set forth by the Task Force have been met. If any survey data is not approved by the Task Force, the major employer or school shall submit additional data as required by the Task Force within ten working days of receiving a notice of disapproval. A An major employer employer’s or school’s rate of single-occupancy vehicle (SOV) trips and rate of single-occupancy vehicle miles traveled (SOVMT) will be determined from the survey for each work site. The results of the initial survey shall form a baseline against which attainment of future targets identified in subsection b Section 3(B)(3) (Survey Results) of this section, shall be measured. 1) a. The baseline for participation in alternative modes of transportation shall be based on the proportion of employees or students commuting by single-occupancy vehicles SOVs. This proportion shall be identified as the rate of single-occupancy vehicle SOV trips. 2) b. The baseline for vehicle miles traveled shall be the number of single-occupancy vehicle SOV commute miles traveled divided by the total number of commute miles traveled by all modes to a work site. This proportion shall be identified as the rate of single-occupancy vehicle miles traveled SOVMT. 2. Survey Response Rate a. Employers must do one of the following: (1) Obtain a minimum 60% survey response rate; or (2) Obtain a minimum stratified statistically significant random response rate, which has been reviewed by TRP staff and documented in the employer’s Task Force- approved plan. b. All surveys, trainings and outreach materials must be provided to all employees and the employer will encourage 100% participation in the survey process. c. All non-respondents to the annual survey for a site below the minimum required response rate are recorded as an SOV commuter (up to the required response rate in the plan or 60% if there is no documented response rate in the employer’s approved plan) when calculating the analysis. B) 3. Survey Results: Employers shall Iimplement all trip travel reduction and/or equivalent emissions reduction EER measures approved by the Task Force to: 1) a. maintain Maintain a rate of single-occupancy vehicle SOV trips or rate of single- occupancy vehicle miles traveled SOVMT for employees of not more than sixty percent 60%, or 2) b. attain Attain target reductions in single-occupancy vehicle SOV trips or single- occupancy vehicle miles traveled SOVMT. The first-year target will be a ten percent 10% reduction from the baseline established for the rate of single-occupancy vehicle 38 miles traveled SOVMT. The second through fifth year target will be a ten percent 10% reduction from the target of the previous year; targets following the fifth year will be a five percent reduction from the target of this the previous year, or. 3) attain the equivalent emissions reduction target for the rate of single-occupancy vehicle trips or single-occupancy vehicle miles traveled. 4. Field Worker (FW) a. An employer that is requesting not to survey employees that are categorized as a FW will need to conduct their annual survey process as they normally would for all other employees at the primary work site and also provide detailed data on FWs. b. In order for an employer not to survey any FWs, the TC must provide documentation stating which position(s) they are claiming as FWs. (1) The documentation must include a completed application provided to the employer by TRP staff as well as a short description for each employee of why the employer categorizes this employee as a FW, including what the FWs job title is, how often they report into the primary work site, and a short description of the FW’s job duties. (2) The TC will be required to provide documentation requesting an exemption to survey their field workers, along with their annual employer report at the beginning of their survey cycle. Additional data may be requested to assist the plan’s reviewer when conducting audits to ensure measures can be properly implemented. C. TRAVEL REDUCTION PLAN 1. Documentation Criteria for Plan a. Employers must implement and begin documenting the travel reduction plan within 30 days from the submission date. Monitoring of plan implementation will be conducted by TRP staff within the plan year. b. Employers must keep three plan years of documentation that supports compliance with the requirements of the TRP. c. All travel reduction plan measures must be paid by the employer according to the frequency chosen on the travel reduction plan. d. Incentive disbursements must be provided to employees within 30 days. e. The TRP Supervisor has the discretion to determine the required documentation for special case issues. 2. Plan Development and Implementation Employers shall: C) a. Develop an approvable trip travel reduction plan designed to meet target reductions for all work sites and submit the plan to the Task Force within five weeks after receiving survey data results. A An major employer’s or school’s plan shall be reviewed by TRP staff to determine if the requirements of the Task Force have been met. A A major Eemployers or school shall be notified of the approval or 39 disapproval of the plan within ninety 90 days. If any plan is not approved by the Task Force, the major employer of school shall modify and resubmit the plan within ten working days of receiving a notice of disapproval. An approvable trip travel reduction plan shall include: 1) (1) The name and signature of the designated Transportation Coordinator TC. 2) A description of information programs, trip reduction measures and/or equivalent emissions reduction measures that were completed in the previous year. 5) (2) The Nname, address, telephone number, and signature of the Chief Executive Officer or the highest ranking local official responsible for implementing the plan. 3) (3) A description of program information programs, trip travel reduction measures, and/or equivalent emissions reduction EER measures that will be implemented in the current year. (4) A description of the stratified statistically significant random response rate for each site (if choosing this option instead of the default 60% requirement), including any documentation required by TRP staff to analyze each proposed rate. 4) (5) A description of a mechanism for regular distribution of alternative mode transportation information. (6) A total plan budget, in which the median expense per person and SOV/MT rates calculated for each industry type will be the benchmark used during the plan review process. A.R.S. §49-583 references the ability of the Task Force to consider unique circumstances and costs when reviewing an organization’s proposed travel reduction plan. a) (7) For major employers or schools who do not meet a reduction goal in the second program year, the plan shall contain at least two measures and shall contain at least four measures if a reduction goal is not met in any program year thereafter. Employers must demonstrate to TRP staff that the proposed measures have the potential to reduce SOV/SOVMT rates in order to be recommended for approval into an employer’s travel reduction plan. TRP staff can advise employers on measures appropriate to their specific site(s). After any subsequent program year in which the reduction goal is not met, the Task Force shall review the travel reduction program of any employer and may recommend additional measures. Measures shall be consistent with the work site, location, and/or survey data results. 1) A pay for parking program. 2) Preferential parking for carpools/vanpools. 3) A telecommuting program for employees that seeks to achieve a target reduction. 4) A compressed work week program that seeks to achieve a target reduction. 5) Subsidized vanpool. The cost to employee or student shall be comparable to other alternate modes such as transit or carpooling. 40 6) Subsidy program where 50% or more of the commute trip cost is reimbursed by the major employer of school when an alternative mode is used. 7) Guaranteed ride home program. 8) Program to recruit and reward new alternate mode users and those employees or students who move closer to the work site. 9) Prize drawings which encourage alternate mode participation. 10) On-site day care facility added after June 1, 1994. 11) Shower and locker facilities constructed or renovated after June 1, 1994, for bicyclists and walkers. b) After the second year, the Task Force shall review the Trip Reduction Program of any major employer or school who does not meet a target reduction goal and may recommend additional measures. 6) (8) Such other information as may be required by the Task Force. D) b. Implement a trip travel reduction plan approved by the Task Force. E) Provide each employee and student with information on alternative mode options, equivalent emissions reduction measures and trip reduction measures. This information shall also be provided to new employees at the time of hiring and to new students at the time of enrollment. c. Provide a minimum of two (2) continuous communication methods to each employee and student with information on alternative mode options, equivalent emissions reduction measures and travel reduction measures. d. Provide to new employees at the time of hire and to new students at the time of enrollment information on alternative mode options, equivalent emissions reduction measures and travel reduction measures. F) e. Designate a Transportation Coordinator TC responsible for implementing the major employer’s or school’s Trip Reduction Program travel reduction program and serving as the liaison to the Task Force. G) f. Provide major employer’s or school’s name, addresses for all its work sites in the County, and the name and address of a person who works for the major employer or school and can provide updated information as required by the Task Force within 60 days of opening for business or hiring, relocating, or otherwise adding employees or students so as to become subject to this Ordinance ordinance. H) g. Notify their employees and students of the duty to comply with the requirements of Arizona Revised Statute A.R.S. § 49-542. when 100 or more employees or students report to a single work site. I) h. Keep all records necessary to prove compliance with and verify implementation of an approved trip travel reduction plan. J) i. Contact the TRP staff if they A major employer or school who becomes subject to the requirements of this ordinance as a result of a corporate merger or consolidation. may request that the predecessor corporation’s program year status or approved plan 41 be adopted and incorporated into its own plan by submitting a written request, along with a plan addendum, to the Task Force. Employers must update any information that will affect their travel reduction program, including but not limited to, contacts, program year, and plan. The previous predecessor’s program year and plan will remain in effect until TRP staff is notified of change in ownership. 1) A request for adoption of a predecessor’s corporation program year status or plan shall include the following information: a) the effective date of the Articles of Merger or Consolidation, as filed with the Arizona Corporation Commission. b) Documentation or affidavit from corporation’s human resources officer or other qualified officer showing that the percentage of employees from the Predecessor Corporation retained by the merged or Consolidation corporation is at least 51%. c) description of operations of both the predecessor corporation and the merged or consolidated corporations. d) The number of employees remaining from the predecessor corporation. e) A listing of work sites in the County. 2) An employer who becomes subject to this ordinance as a result of a merger or consolidation and who does not meet the conditions for adoption of the previous major employer’s plan or its program year status must establish new baseline rates for single-occupancy vehicle trips and single-occupancy vehicle traveled. 3. Promotional Items a. Special circumstances may arise for employers proposing promotional items every plan year. It will be up to the TRP auditor’s discretion whether to allow a promotional item to be a measure on an employer’s plan. Issues that an auditor may consider in deciding whether to approve usage of particular promotional items include, but are not limited to: (1) If the first year of using a promotional item does not lower SOV/SOVMT rates, these may not be allowed in the following year. (2) Case-by-case: Items can/may vary for each industry. 4. Electric Vehicle Charging Station (EVCS) Credit a. Requesting Credit for Electric Vehicle Charging Stations (1) An organization that requests credit on their travel reduction plan is required to track and log data and expenses for the EVCS’s located on the employer’s property. Credit will apply to the company’s plan, even if the EVCS is not at the main site. Stations for which organizations are requesting credit must be located in the Maricopa County area for any one of an employer’s sites that participate in the TRP. (2) Credit will only be given for EVCSs used to power non-fleet passenger vehicles. (3) Credit will be given in dollar amounts on an employer’s plan, as indicated on the travel reduction plan template. 42 (4) Credit will not be given to employers for employee-owned EVCSs that are not located on an employer’s premises. (5) Organizations that already have an EVCS on-site can have their costs ‘grandfathered’ into their current plan. As a one-time credit, past installation and set-up costs may be credited but at a reduced amount (i.e., if an EVCS was installed five years prior to the request for credit, the employer will be allowed one-fifth of the initial cost of the station and any associated costs). The EVCS must be in operating condition and currently in use to receive the ‘grandfathered’ credit. (6) Fill out the total amount of dollars spent for each EVCS and for any individual equipment that may have been bought at the initial purchase. b. Authorized EVCS Credit (1) Some items may be a one-time/initial credit or may be taken each plan year. This must be indicated on the spreadsheet provided by TRP staff. (2) Items authorized for credit/cost are as follows, but are not limited to: (a) Charging station (b) Initial installation fee for charging station(s) (c) Activation charge(s) (d) Monthly electric charges incurred for charging employees’ vehicles (e) Service warranty, also known as network service plan or extended warranty (f) Service maintenance (g) Signage cost(s) for parking spots for EVCS c. Submitting for EVCS Credit (1) The TC must submit the following information when the annual plan is submitted to the TRP office: (a) Location of EVCS(s) (b) Date when station was put into service (c) Name/type of EVCS (d) Model and serial number of charging stations (e) Warranty information – duration, cost per year (2) Fill out the total number of the dollars spent on each EVCS and associated equipment for the current plan year. This will be the monthly out-lay for each piece of equipment. d. The TRP staff will process the plan request and the TC (employer) is responsible for documentation that will be checked during the audit conducted by TRP staff. SECTION 8 5. Equivalent Emissions Reduction (EER) Measures A) a. Major eEmployers and schools may receive equivalent emissions reduction (EER) 43 credit toward meeting the requirements of Section 3 their SOV and/or SOVMT rate(s) by implementing EER measures in conjunction with, or independent of, trip travel reduction measures. Implementation of EER measures seek to achieve the equivalent emissions reduction target (EERT) for the rates of single-occupancy vehicle (SOV )trips and single-occupancy vehicle miles traveled (SOVMT). Credit will not be provided for measures that are otherwise required by law, regulation, or ordinance. Credit calculations and related assumptions for the implementation of measures identified in this section are found in Section 13, Appendix A. 1) (1) To qualify for EER credit, the following criteria shall be demonstrated and submitted at the time of application: a) (a) Emissions reductions are a surplus not related to commute trips. b) (b) Emissions reductions are quantifiable can be substantiated. c) (c) Implementation of EER measure(s) is enforceable as part of the major employer’s or school’s plan. d) (d) The credit life of the emissions reduction shall be reasonably established and commensurate with the proposed use of the credit. Credit life is the estimated amount of time over which the emissions reduction benefit is expected to be maintained. Earned credit, unless otherwise stated in this ordinance, is valid from the date of application approval with the limit that no more than one-third of the earned credit may be used within one year from the date of approval and not more than two-thirds of the earned credit used within two years from the date of approval. Earned credit is available to a an major employer or school for up to seven (7) years. (e) A completed application form that includes, but is not limited to: (i) Documentation reflecting commute trips and miles (ii) Purchase receipts for any devices, warranties or installation of devices (iii) The name of a device and its manufacturer (iv) Lease or warranty agreements 2) (2) An major employer or school may choose whether the earned credit be applied to the rate of SOV or the rate of SOVMT, unless otherwise stated in this ordinance. Credit shall not be transferable. 3) (3) Rates of SOV and SOVMT shall be converted to pounds of emissions in order to determine the credit amount given. Conversion calculations for EER measures, excluding clean on-road vehicles and reduced emissions vehicles, are found in Table 3. Calculations: a) convert the site’s rate of SOV trips to grams per year (gm/yr) by multiplying the number of SOV trips by the average emissions of 18.34 grams per mile (gm/mi); and b) convert the site’s rate of SOVMT to gm/yr by multiplying the number of SOV miles by 18.34 gm/mi; and c) determine the EERT for SOV trips by multiplying the total commute trips 44 by the target reduction for SOV trips and 18.34 gm/mi; and d) determine the EERT for SOVMT by multiplying the total commute miles by the target reduction for SOVMT and18.34 gm. mi; and e) convert gr/yr to pounds per year (lbs/yrs) by dividing by 454. (4) Earned credit shall be applied to the SOV and/or SOVMT rate(s) after application approval. (5) Written proposal must be submitted to TRP staff and evaluated by the Task Force prior to implementation. The proposal shall provide a methodology for credit calculation, a demonstration of emissions reduction, and any additional information as requested by the Task Force. (6) Credit methodology, assumption, calculations, and earned credit shall be consistent with the established criteria of this ordinance. B) A major employer or school shall receive EER credit when any of the following EER measures are implemented: 1) Use clean on-road vehicle or a reduced emissions vehicle ( REV ). A clean on-road vehicle shall be a reduced emissions vehicle. Reduced emissions vehicle factors and reduced emissions vehicle credit (credit redit ) may be applied toward a a major employer or school’s rates of single-occupancy vehicle SOV trips and miles traveled when a reduced emissions vehicle REV is used for commute trips or, work-related trips. a) Initial application for credit will be made when credit has not been previously awarded for that vehicle or group of vehicles. Continuing award of credit for years following initial application will require an application recertification to be made when the major employer or school submits the annual survey to the County. Credits are not transferable and shall not be awarded to any vehicle that exceeds eighty percent of the carbon monoxide standard established for the model year and vehicle classification of that vehicle. b) A major employer or school shall demonstrate to the Task Force that the vehicles or group of vehicles meets the standards identified on Appendix A, Table 1. The REV standards identified in Table 1 originate from the California Low Emissions Vehicle Standards, hereinafter referred to as the California LEV standards. For trip Reduction Program purposes, the carbon monoxide (CO) Standard of the California LEV standards has been reduced by twenty percent, while standards for oxides of nitrogen (NOX) and non-methane organic gases (NMOG) remain at their established levels for these standards. The California LEV standards are identified in grams per mile. c) For a major employer or school to receive certification of an alternative fuel vehicles as a reduced emissions vehicle and award of credit for that vehicle or group of vehicles, the major employer or school shall provide to the Task Force at the time of application: 1) A completed application form. 2) Evidence of the certification of that vehicle or group of vehicles to the 45 California LEV standards or Federal Clean Fuel Fleet program standards by the motor vehicle manufacturer (for initial application only) 3) Current emissions test results for that vehicle or group of vehicles from and official state of Arizona vehicle emissions inspection station. 4) Documentation reflecting commute trips and miles for that vehicle or group of vehicles. 5) A copy of vehicle registration, lease agreement or 3rd party contract for that vehicle or group of vehicles. (For initial application only). 6) Alternative fuel purchase or distribution records substantiating a sixty percent overall use of alternative fuel for that vehicle or group of vehicles (for dual-fuel and flexible-fuel vehicles only). d) For a major employer or school to receive certification of a vehicle with a device as a reduced emissions vehicle and award of credit for that vehicle or group of vehicles, the employer or school shall provide to the Task Force at the time of application: 1) A completed application form. 2) Evidence of any one of the following: 1) certification of the device to California LEV standards or federal clean fuel fleet vehicle emissions standards on that vehicle or group of vehicle by a vehicle manufacturer; or 2) certification of the device to California LEV standards or Federal Clean Fuel Fleet vehicle emissions standards by the EPA; or 3) a certificate of compliance, issued by a Bureau of Automotive Repair Referee Smog Check Station in the state of California, specifying that the program of the EPA, pursuant to 40 CFR Part 610, relating the results of the federal test procedure when the device is added to that vehicle or group of vehicles. ( For initial application only.) 3) The name of the device and its manufacturer. (For initial application only.) 4) A clear statement from the device manufacturer as to whether the use of the device will void any existing vehicle warranty and what the responsibility of the device manufacturer will be under such circumstances. The State of Arizona shall have no responsibility as to the validity of such statement. (For initial application only) 5) A clear statement from the device manufacturer as to whether the use of the device will adversely affect onboard diagnostics and what the responsibility of the device manufacturer will be under such circumstances. The State of Arizona shall have no responsibility as to the validity of such statement. (For initial application only.) 6) Device purchase receipts. (For initial application only). 7) Proof of device installation, which may include receipts or signed statements from the repair shop mechanic. (For initial application 46 only). 8) Current emissions test results for that vehicle or group of vehicles from an official State of Arizona vehicle inspection station. 9) Documentation reflecting commute trips and miles for that vehicle or group of vehicles. e) The Task Force shall certify an alternative fuel vehicle or a vehicle with a device as reduced emissions vehicle or group of vehicles, when the major employer or school demonstrates to the Task Force: 1) For an alternative fuel vehicle, the vehicle manufacturer has certified that vehicle or group of vehicles to California LEV standards or Federal Clean Fuel Fleet Vehicle emissions standards. 2) The vehicle or group of vehicles is substantially lower emitting. 3) A vehicle emissions inspection test was completed as require by Arizona Revised Statute 49-542 for that vehicle or group or vehicles. 4) The major employer or school is not receiving emissions credits for that vehicle which are being relied upon to comply with the requirements of Title I of the Clean Air Act. 5) For a vehicle with a device, sufficient evidence has been provided to demonstrate that the device has satisfied one of the criteria described in section 8-(B) (d) 2 of this ordinance. 6) For a vehicle with a device, the device does not void any existing vehicle warranty or adversely affect the onboard diagnostic system. f) Once a vehicle has been certified by the Task Force as being a reduced emissions vehicle, the Task Force shall instruct staff to apply a reduced emissions vehicle factor and credit (Appendix A, Table 2) to the rates of SOV and SOVMT. 2) Peak Commute Trip Reductions. A major employer or school may receive credit toward meeting a target when work schedules are adjusted to end on or after 4:00 p.m. during the period of November 1st to March 31st. a) Earned credit shall be applied to the EERT for SOV (Table 4) or the EERT for SOVMT (Table 5) and shall be calculated using the following: 1) Commute trips or commute miles. Commute trips shall be equal to the number of employees who adjusted their start time and/or end time. When actual commute mileage is not available, commute miles shall be the combined survey data results; and 2) Emissions average. For credit calculation purposes, this average shall be 18.34 gm/mi. This average is obtained from the Arizona Department of Environmental Quality (ADEQ) or the regional planning agency for the County; and 3) The number of workdays from November 1st to March 31st, and/or June 1st to September 30th, as appropriate. Saturdays, Sundays and holidays shall 47 be workdays when an employer’s work week schedule includes weekends and holidays; and 4) An adjustment factor. Emissions rates of a commute trip or mile are higher than the emissions rates of a non-commute trip or mile. This difference is attributed to travel demand and vehicle speeds. An adjustment factor of .5 shall be applied to the number of commute trips or miles, causing trips or miles traveled to count as one-half (50%) of a regular commute trip or commute mile. When an adjustment factor is applied, that trip or mile is an “adjusted mile.” b) Earned credit shall be applied to the EERT for SOV or SOVMT after application approval. 3) Other Work-related Trip Reductions. A major employer or school may receive credit toward meeting a target when a change is made to reduce the number of work- related trips, and/or, work-related miles . A reduction may be obtained by implementing procedures such as routing changes to the fleet and/or sales routes, vanpooling or carpooling to meetings and work sites, and providing on-site restaurants or other such services which reduce trips during a non-commute time, such as lunch. a) EER credit shall be applied to the EERT for SOV (Table 6 ) or EERT for SOVMT (Table 7). Credit shall be rewarded only when the number of work related trips and work-related miles are reduced. b) Earned credit shall be applied to the EERT for SOV or SOVMT after application approval. c) Credit shall not be awarded when the reduced work-related trips or miles are the result of leasing, selling or otherwise transferring those trips or miles to any other employer in this County, who is affected or unaffected by the requirements of this ordinance. d) EER credit shall be calculated using the following: 1) emissions average of 18.34 gm/mi; and 2) vehicle logs or other documentation to reflect reduced work- related trips and work-related traveled; and 3) an adjustment factor of .5 applied to the number of reduced work-related trips. No adjustment factor shall be applied to the number of reduced work- related miles. 4) Voluntary Polluting Vehicle Trade-Out. A major employer or school may receive credit toward meeting a target reduction by trading-out high-polluting vehicles and replacing that vehicle with a newer, less-polluting vehicle or an alternative mode. a) The major employer or school shall demonstrate at the time of application for credit that: 1) the traded-out vehicle is a high-polluting passenger car or light duty truck; and 48 2) there are no liens against the vehicle; and 3) the vehicle owner or operator is an employee; and 4) the owner is willing to trade-out the high polluting vehicle; and 5) the vehicle identification numbers, current vehicle registration and vehicle match; and 6) the vehicle has been titled by the State of Arizona and Motor Vehicle Department records reflect owner’s address within the County for at least 24 months prior to the date the vehicle is selected for trade- out; and 7) tests confirm the operability of the vehicle; and 8) the vehicle was not crushed; and 9) the replacement vehicle meets vehicle emissions standards in Table 18. b) Credit shall be calculated based upon the annual commute miles, the difference in emissions between the replacement vehicle (Table 8) and the emissions of the traded-out vehicle (Table 8 and Table 9), and the credit life of the reduction. Earned credit shall be applied to the EERT for SOVMT (Table 10), and when the replacement vehicle is an alternative mode, earned credit shall also be applied to rate of SOV. 1) emissions level for a replacement vehicle shall be zero when an employee or student chooses to commute using public transit, a bicycle, and/or walking for a minimum of two (2) years, instead of purchasing, leasing, or operating another type of replacement motor vehicle. 2) Emissions level for a replacement vehicle which is a carpool or vanpool shall be determined by the number of a vehicle occupants and the average emissions of 18.34 gm/mi when an employee chooses to commute using one of these modes for a minimum of two (2) years, instead of purchasing, leasing, or operating another type of replacement motor vehicle. 3) Credit life of the emissions reduction shall not exceed two (2) years for trade- out of pre-1972 model-year vehicles and three (3) years for 1973 and later model-year vehicles. 4) Credit toward rate of SOV trips shall be calculated by the annual survey when an alternative mode is the replacement vehicle. 5) Clean Off-Road Mobile Equipment. A major employer or school may receive credit toward meeting a target when off-road mobile equipment is repowered, retrofitted, or permanently replaced with new, low or zero emitting equipment, or, when a a major employer is a seller of low or zero emitting equipment. Earned credit shall be applied toward the EERT for SOV or SOVMT . a) The following criteria shall be demonstrated at the time of application: 1) Owner of the repowered, retrofitted, or permanently replaced equipment is a 49 major employer, employee or a student and is willing to participate; and 2) For the previous 24 months, the repowered, retrofitted, or permanently replaced equipment was used for its purpose of design within the County; and 3) Major employers who are sellers of retrofit kits or low or zero emitting off- road mobile equipment or engines provide incentives to buyers to encourage and increase the number of retrofits, repowers and/or purchases of low or zero-emitting equipment. Incentives include, but are not limited to: pricing commensurate to that of equipment educational programs, advertisements or sponsorships to increase awareness; and 4) Off-road mobile equipment shall be permanently replaced by scrapping, relocating or selling the equipment outside of the County. A) Relocated or sold equipment shall not be brought back or sold back into the County. B) Proof of scraping, replacement or sale shall include the owner’s name and address; the purchaser’s or scrapper’s name and address; purchase, sale relocation effective date; equipment type; manufacturer; and engine model number. C) Permanently replaced off-road mobile equipment shall be rendered permanently inoperable by drilling a hole through the engine block. Alternative, equally effective procedures shall be allowed, as approved by the Task Force. 5) replacement utility equipment shall meet emissions standards in Table 11 or 12, as applicable ; and 6) other off-road mobile equipment, excluding utility equipment, that is repowered shall meet standards for emissions Table 16. 7) Other off-road mobile equipment, excluding utility equipment, that is retrofitted shall meet standards for emissions in Table 16 and standards for opacity in Table 17. Opacity is the amount of smoke emitted by the equipment. b) Credit shall be calculated and earned credit applied to the EERT for SOV trips or EERT for SOVMT. Earned credit is available for up to seven (70 years for sellers of low – or zero emitting equipment and up to five (5) years for buyers of low – or zero emitting equipment. 1) For utility equipment, calculations shall be based upon the hours of operation, the difference in emissions between the permanently replaced equipment and the replacement equipment, and the credit life of the emissions reduction. Credit shall be awarded when the replacement equipment’s emissions meet the standards for year 1999 and later in Table 11 or 12, or when the replacement significantly precedes the recommended replacement or maintenance suggested by the original equipment manufacturer or operator. Credit shall not be awarded when the replacement of equipment is a result of any mechanical or warranty problem, or from 50 reduced performance capability of the equipment. A) For major employers, employees, or students who are buyers of low – or zero -emitting utility equipment, credit life shall be the remaining useful life of the replaced or scrapped equipment (Table 15). B) For major employers, who are sellers of the low – or - zero – emitting utility equipment, credit life shall be the actual useful life of the replacement equipment. C) A technical adjustment factor (TAF) of 1.2 has been applied to the earned credits for replacing residential equipment (Table 13) to allow for the uncertainty associated with the annual hours of equipment operation. Earned credit for replacement equipment that meets the zero emissions standards shall not be subject to the TAF. 2) Credit for replacing, retrofitting, or repowering off-road equipment, other than utility equipment, shall be calculated based upon the load factor supported by actual fuel consumption data, maximum rated horsepower, annual hours of operation, emissions levels, and credit life of the emissions reduction. Credit shall be awarded when the repower, retrofit or replacement of the equipment meets the 2000 or 2001 standards in Table 16, as applicable, and/or when the replacement significantly precedes the recommended replacement or maintenance suggested by the original equipment manufacturer or operator. Credit shall not be awarded when the replacement of equipment is a result of any mechanical or warranty problem, or from reduced performance capability of the equipment. A) When the repower, retrofit or replacement exceed the maintenance recommended or required by the original equipment manufacturer for normal operation of equipment, the emissions shall emit at least 20 percent less than the equipment’s actual emissions level prior to the repower, retrofit or replacement. B) For repowers and retrofits, initial credit shall be calculated based upon the difference in emissions and the time period from installation of new low – or zero – emitting equipment to the approval of application for credit. For subsequent years, credit shall be based upon the actual operating hours for each preceding 12 month period. C) For permanent replacement, credit shall be calculated based upon the difference in emissions and the historical records of operating hours of the replaced equipment. D) Earned credit shall be used within two years of approval, with the limit up to 50 percent may be used in the first year. For equipment retrofitted with alternate fuel conversion kits, earned credit shall end when the useful life of the kit expires. 6) Remote Sensing. A major employer or school may receive credit toward meeting a target by obtaining remote sensing equipment and bringing it to the work site, where it is used as a screening tool to identify high emitting vehicles. Identification of such vehicle leads to subsequent vehicle maintenance being performed so that vehicle 51 meets vehicle emissions standards. in Table 18. a) The following shall be demonstrated at the time of application for credit: 1) The vehicle is owned or operated by an employee or student who commutes to a work site, and the vehicle owner has provided permission for vehicle inclusion in this program; and 2) after identification by remote sensing, vehicle fails to pass the state of Arizona’s motor vehicle emissions inspection test; and 3) subsequent vehicle repairs are conducted so that vehicle meets emissions standards in Table 18. b) Credit shall be calculated and earned credit shall be applied to the EERT for SOVMT (Table 19) with the limit that credit shall be awarded when the same vehicle has received credit as a reduced emissions vehicle or s a trade-out vehicle, as described in this ordinance. Credit shall be calculated using the following: 1) emissions of vehicle prior to repair; and 2) emissions of vehicle after repair; and 3) commute miles; and 4) credit life. When a vehicle is subject to the vehicle emissions inspection program requirements of Arizona Revised Statute 49-542, earned credit shall be calculated based upon the time period from the date of completed vehicle repair to date of the next required emissions test. 7) Emissions Reduction from Stationary sources Sources. A major employer or school may receive credit toward meeting a target reduction through the installation of air pollution control technologies, process modifications, or equipment shutdowns. Earned credit shall be applied to the EERT for SOVMT. The following shall be demonstrated at the time of application for credit: a) replacement of equipment is not in conjunction with a replacement that was scheduled or otherwise required by local, state or federal regulations; and b) For a stationary source under permit, a permit revision has been approved by the County; and c) The stationary source generated the emissions surplus after October 16, 1996; and 8) Fuel Additives. A major employer or school may receive credit toward meeting a target reduction through the year round use of fuel additives in their fleet or employee-owned and operated vehicles, off-road mobile equipment. , and/or area sources. The following shall be provided at the time of application for credit: a) documentation substantiating continuing, year-round use of fuel additive and measured reductions in emissions; and b) a statement from the manufacturer as to whether the use of the fuel additive will 52 void any existing vehicle warranty. The State of Arizona and the County shall have no responsibility as to the validity of such statement; and c) for area sources, original equipment manufacturer’s emissions standards; and d) the final report published from EPA’s Voluntary Retrofit Device Evaluation Program, pursuant to 40 CFR Part 610, or from the California Air Resource Board. Such report shall demonstrate: 1) use of fuel additives demonstrates reduced VOC, CO, or particulate matter (PM) emissions of high-polluting on-road vehicles, off-road mobile equipment or are sources by 20% or more; and 2) for motor vehicles, emissions meet the standards in Table 1; and 3) for off-road mobile equipment, emissions meet the year 2000 or 20001 standards in Table 11 or 12, or, Tables 13 and 14; and 4) for area sources, emissions are 20 percent less than those standard established by the original equipment manufacturer. e) Credit shall be calculated based upon the difference in emissions of the vehicle, equipment, or area source prior to using the fuel additive and after using the fuel additive. f) Earned credit shall be applied to the EERT for SOVMT and shall reflect the credit life of the vehicle, equipment or area source. g) Credit methodology, assumption, calculation, and earned credit shall be consistent with established criteria of this ordinance. 9) Other Mobile Source Emissions Reductions and Vehicle Miles Traveled Reduction Programs. A major employer or school may receive credit toward meeting a target reduction through the implementation of other measure(s) that reduce other mobile source emissions or vehicle miles traveled, not otherwise specified in this ordinance. a) Written proposal must be submitted to staff and evaluated by the Task Force prior to implementation. The proposal shall provide a methodology for credit calculation, a demonstration of emissions reduction, and additional information as requested by the Task Force. b) Credit methodology, assumption, calculations, and earned credit shall be consistent with established criteria of this ordinance. Adopted as amended by Board of Supervisors July 23, 1997. SECTION 4 DUTIES AND POWERS OF THE TASK FORCE A) The Task Force shall review and approve the baseline survey distributed to major employers and schools for the purpose of collecting data on commuting patterns. The Task Force shall provide uniform formats for data to be provided by each major employer and school on the commuting patterns of its employees and/or students and the effectiveness of its Trip Reduction Program. Collected data shall include the mode used and the distance traveled for commute trips. The Task Force shall establish uniform requirements for record keeping and reporting as necessary to comply with this ordinance and reasonable deadlines for submittal 53 of additional data as required. B) The Task Force shall: 1) Evaluate the major employer’s or school’s trip reduction plan and approve or object to any such plan received. 2) Review all responses by a major employer or school to the annual survey and determine if they meet the requirements of this ordinance. 3) Review the trip reduction plan submitted by a major employer or school, along with a staff report on the plan, to conclude if the plan contains trip reduction measures and/or the equivalent emissions reduction measures which seek to achieve the target reduction goals. 4) Monitor the implementation of a trip reduction plan as submitted by a major employer or school and as approved by the Task Force. 5) Develop and implement policies, standards and criteria for certifying eligible motor vehicles as being reduced emissions vehicles if they are substantially lower emitting in actual use than like vehicles generally purchased in the area. The Task Force shall not certify any reduced emissions vehicle or group of vehicles unless the Task Force has evidence of all of the following: a) Results of a federal test procedure conducted pursuant to 40 Code of Federal Regulations Part 86, Subpart B, effective July 1, 1992, of an equivalent method approved by the Administrator of the United States Environmental Protection Agency, demonstrating substantially lower emissions from the vehicle or group of vehicles. b) In the case of any device added to the vehicle to reduce emission, that the device has printed on it, or on the packaging, clear statements by the device manufacturer as to whether use of the device will void any existing vehicle warranty or adversely affect the onboard diagnostics system, and what the responsibility of the device manufacturer will be under such circumstances. The state shall have no responsibility as to the validity of such statements. c) United States Environmental Protection Agency approval of the use of a reduced emissions factor for that vehicle or group of vehicles as a revision to the State Implementation Plan. 6) Develop and implement policies, standards and criteria for reduced emissions vehicle factors to be applied to the rate of single-occupancy vehicle trips and rate of single occupancy vehicle miles traveled pursuant to Section 8 , in this ordinance. The reduced emissions vehicle factor applied to a reduced emissions vehicle shall be proportional to its average emissions reduction in actual use as compared to like vehicles generally purchased in the area and shall be less than or equivalent to the reduced emissions vehicle standards identified in Table 1 of this ordinance. 7) Make available to employers and schools with one hundred or more employees at a single work site or school site, a standard notification form which is to be used to notify employees and students of the requirements of Arizona Revised Statute 49-542. C) A plan submitted to the Task Force under subsection b , paragraph 1, of this section shall be 54 approved or objections shall be filed within ninety days of its submission. The plan is automatically approved unless objected to by the Task Force within ninety days. Objections shall be based upon criteria set forth in Section 7 . If the Task Force objects to the plan, it shall be reviewed and revised in consultation with the major employer or school. The Task Force shall determine if enforcement action is appropriate and shall recommend action as it deems necessary. D) If any response submitted to the Task Force pursuant to subsection b , paragraph 2 of this section is not approved, the Task Force shall direct the major employer or school to submit additional data within ten working days. If subsequent submissions of data are not approved, the Task Force shall evaluate the major employer or school and supporting data and decide if enforcement action is appropriate. E) If a trip reduction plan submitted to the Task Force pursuant to subsection b , paragraph 3 of this section is not approved, the Task Force shall describe the inadequacies and direct the major employer or school to modify the plan within ten working days. If the plan as modified is not approved, the Task Force shall evaluate the supporting data and decide if enforcement action is necessary. F) If a major employer or school has not implemented the trip reduction plan as submitted and approved by the Task Force pursuant to subsection b , paragraph 4 of this section, the Task Force shall describe the inadequacies and shall direct modification to the plan implementation. If the major employer’s or school’s efforts remain inadequate, the Task Force shall evaluate the supporting data and decide if enforcement action is necessary. G) If a major employer’s or school’s trip reduction plan fails to achieve a goal identified in Section 7 , subsection B, the Task Force shall direct the staff to work with the major employer or school to increase the use of alternative modes and reduce single-occupancy vehicle miles traveled, consistent with the target reduction goals. The major employer or school shall submit a plan addendum outlining measures aimed at achieving any goal identified in Section 7 , subsection B. When the implementation of measured identified on the plan addendum demonstrates that there has been no further progress toward attaining reduction goals, the Task Force shall determine whether the major employer or school is putting forth a good faith effort to meet the goals. On an individual basis, the Task Force shall evaluate the supporting data and decide if enforcement is necessary. The Task Force shall consider: 1) The cost of the major employer’s or school’s Trip Reduction Program as compared to the average cost of such programs for all major employers and schools. 2) Unusual circumstances faced by the major employer or school. If unusual circumstances exist, the Task Force shall determine if a major employer or school who fails to submit a plan addendum within thirty days of written notice should be subject to enforcement action. H) The Task Force shall direct the staff to identify and contact potential voluntary participants to encourage and assist them in participating in cooperative efforts to collect data on commuting patterns, needs and desires of their employees and their tenants’ employees. These potential voluntary participants shall include property managers and other employers or schools who may wish to participate in a Trip Reduction Program . The Task Force shall encourage these owners, managers, schools, and employers to form transportation 55 management associations. Among other activities, the transportation management associations may disseminate information on alternative modes of transportation. The Task Force shall encourage transportation management associations to assist member employers and schools in developing and implementing trip reduction plans. I) The Task Force shall review the performance of the regional program annually and prepare a report for the Board. The report shall include successes and problem areas and shall recommend revisions to this ordinance, as necessary. SECTION 12 SECTION 4 – ENFORCEMENT A) PRODUCTION OF RECORD AND OTHER INFORMATION The Task Force may order a major employer or school to produce any and all records or other information it deems necessary to verify compliance with this ordinance or any order of the Task Force. B) ENFORCEMENT ACTIONS When the Task Force determines that a major employer or school has violated any of the requirements of this ordinance or any order of the Task Force it shall recommend to the Board appropriate enforcement action. The Board may request the County Attorney to take appropriate legal action. C) CIVIL PENALTIES A major employer or school who violates any provision or requirement of this ordinance or any order of the Task Force shall be subject to increasing civil penalties not to exceed one hundred dollars for the first violation, two hundred dollars for the second violation, and three hundred dollars for each additional violation. Violations that continue for more than one day shall constitute a separate violation for each day. 1) Violations of any of the following requirements may subject a major employer or school to increased civil penalties: a) Failure to collect or supply information requested by the Task Force. b) Failure to disseminate information on alternative modes and other trip reduction measures as specified in this ordinance. c) Failure to designate a transportation coordinator. d) Failure to submit an approvable trip reduction plan. e) Failure to implement an approved trip reduction plan within the time scheduled or failure to perform a revision of a plan as required by the Task Force. 2) Failure by a major employer or school to meet trip reduction goals as prescribed in section 7 does not constitute a violation if the major employer or school is attempting in good faith to meet the goals. A. REQUEST FOR INFORMATION AND DOCUMENTS 1. TRP staff will notify an employer of a delinquency (e.g., employer report, survey forms, plan, or documentation) and offer the employer an opportunity to promptly resolve the 56 matter. This request for documentation (RFD) may be provided via email, U.S. Mail and/or a documented phone call. 2. Employer requests for additional time will be processed by TRP staff. The employer’s history and current circumstances will be considered prior to granting an extension. Any extension request that exceeds the original deadline should be reviewed with the TRP Supervisor. 3. Employers that fail to promptly respond to TRP staff’s requests or miss an extended deadline will be issued a notice of violation (NOV) that will outline a one-week deadline to comply. While the RFD is an enforceable action, civil penalties will not incur until an NOV is issued. B. TASK FORCE REVIEW 1. Employers that fail to comply by the NOV deadline will be scheduled on the next task force agenda for discussion/action and receive a written invitation to that meeting. 2. TRP staff will provide the Task Force a report that summarizes the NOV timeline and include a proposed corrective action and deadline. Recommended deadlines offered by staff should take into consideration the complexity and volume of information needed that may justify providing additional time to the employer. 3. The employer will be offered the opportunity to address the Task Force if they have a representative present at the public meeting. 4. The Task Force is expected to accept, amend or deny TRP staff’s recommendation during the public meeting or request that TRP staff obtain additional information before a decision is made during a future public meeting. 5. All Task Force decisions will be documented in the formal meeting minutes. 6. The Task Force Chairman or Assistant Chairman will provide a written notice to the employer to confirm the ruling made during the formal meeting. This notice will detail the actions necessary to correct the delinquency, identify a deadline, and state that the employer may be referred for further enforcement action if the deadline is not met. 7. If an employer has a multi-year history of compliance delinquencies, the Task Force may vote to pursue civil penalties regardless of how quickly the employer resolves the NOV. C. ENFORCEMENT ACTIONS 1. If the Task Force notice deadline has expired and the employer has failed to comply with all parts of the Task Force notice, the Assistant Chairman will determine if the matter should be held until the Task Force can review during the next public meeting, should be forwarded to the Deputy County Attorney’s office, or if an order of abatement by consent (OAC) should be issued. The Task Force or the Assistant Chairman of the Task Force may delay further enforcement if the employer is actively resolving all deficiencies. 2. The County Attorney may seek authorization from the Board to take appropriate legal action (A.R.S. § 49-593) to obtain compliance and/or civil penalties. D. CIVIL PENALTIES 1. The Task Force will consider the NOV issuance date as “violation day one” when 57 calculating the total potential (maximum) fine. 2. The Assistant Chairman may issue an OAC to any employer that failed to fully comply with the deadline listed in the Task Force notification. 3. The Assistant Chairman will issue an OAC if the Task Force previously voted to pursue civil penalties based upon the employer’s compliance history. 4. The proposed penalty listed in the OAC will be either 10% of the maximum fine or the approved plan’s incentive budget, whichever is greater. This penalty would be in addition to any expenses incurred by the employer to fully execute the employer’s approved plan. 5. TRP staff and the Assistant Chairman will update members on settlement activity during the scheduled public meetings. 6. All settlement funds will be deposited in the County’s General Fund, as per A.R.S. § 49- 593(D). SECTION 11 E. APPEALS 1. Any employer, school, or resident of the county may appeal to the Board of Supervisors a decision of the Task Force to authorize or withhold variances, a decision to approve or disapprove a trip travel reduction plan, or a decision that an employer or school is subject to the requirements of this ordinance. Any petition by an employer, school, or resident of the County county appealing the decision of the Task Force must be filed with the Clerk of the Board within ten working days after the employer, school, or resident of the County county receives notice of the decision. SECTION 5 STAFF DUTIES The staff shall provide support to the Task Force, major employers, and schools. The staff shall: 1) Provide assistance to each major employer or school in coordinating data collection, dissemination of information on air quality, alternative modes, programs, developing a trip reduction plan and increasing the effectiveness of selected trip reduction measures and equivalent emissions reduction measures. 2) Coordinate training programs for major employers and schools to assist them in training their transportation coordinator , preparing and implementing their trip reduction plans and preparing annual reports. 3) Coordinate survey and data collection activities and overall program monitoring with the Task Force. 4) Under direction of the Task Force, develop an implementation schedule for annual surveys of the employer and school community. 5) Assist the Task Force in developing and implementing policies, standards and criteria for certifying eligible motor vehicles as being reduced emissions vehicles . 6) Assist the Task Force in developing and implementing policies, standards and criteria for reduced emissions vehicle factors to be applied to the rates of single-occupancy vehicle trips and rate of single-occupancy vehicle miles-traveled pursuant to Section 7 of this ordinance. SECTION 6 VOLUNTARY PARTICIPATION 58 Employers and schools or groups of employers and schools, not affected by this ordinance, are encouraged to participate in data collection, information, dissemination efforts, and in the preparation of their own trip reduction plans on a voluntary basis. The Task Force shall assist these groups; these groups are eligible for participation in all programs and services and are encouraged to form transportation management associations. SECTION 9 VARIANCES A major employer or school wishing a variance from any of the requirements of this ordinance may make written application to the Task Force. A request for variance shall be finally approved or disapproved within ninety days after the filing of a request by a major employer or school. SECTION 10 EXEMPTIONS A) Employers or schools opening for business, or hiring, relocating or otherwise adding employees or students so as to become subject to the requirements of this ordinance are not required to conduct the survey until 60 days from the date of becoming subject to the requirements of this ordinance. B) The Task Force may grant an exemption to major employers or schools from the requirement to attain trip reduction goals specified in Section 7. Exemptions shall be granted if the major employer or school demonstrates the effective trip reduction strategies were implemented on or after July 1, 1988. Those exemptions may be granted only for the first year in which an employer or school is subject to this ordinance Major employers or schools shall demonstrate that effective strategies are in place by providing; 1) A detailed description of the trip reduction strategies and how they are implemented. 2) The period of time that the strategies have been in place. 3) Evidence indicating that the strategies have been effective in reducing the proportion of employees or students commuting by single occupancy vehicles. 4) The Task Force shall grant an exemption only on finding: a) The evidence submitted by the employer or school is valid. b) The measures have reduced trips at least as much as specified in the trip reduction goals in section 7. SECTION 13 APPENDIX A–CALCULATIONS AND ASSUMPTIONS FOR EQUIVALENT EMISSIONS REDUCTION (EER) CREDIT A) Reduced Emission Vehicle (REV) Credit 1) REV calculation assumptions: a) Average carbon monoxide (CO) emissions is 3.2 grams per mile (gm/mi)1 for like motor vehicles generally purchased in the area. b) A CO emissions of 2.56 grams per mile (gm/mi) or less is required for a vehicle to meet the definition of substantially lower emitting. c) A REV meets the emissions level requirements in Table 12 and the definition of 59 substantially lower emitting. TABLE 1: TRP REDUCED EMISSIONS VEHICLE (REV) STANDARDS LEVEL CO Gm/mi NOX Gm/mi VOC Gm/mi CALCULATION DATA LEVEL 1 .01 - 2.72 .4 .125 ACTUAL EMISSIONS LEVEL 2 ZERO ZERO ZERO .10 2) Credit Methodology. Table 2 demonstrates the REV factor and credit to the rate of SOV trips and SOVMT: a) The actual CO emissions level of the REV will be compared to 3.2 gm/mi to ensure the REV’s CO level is at least 20% lower. The vehicle in th4 sample calculation has a C emissions of 2.3 gm/mi; NOX emissions of .18 gm/mi; and VOC emissions of .70 gm/mi. b) The actual CO emissions will then be divided by the average emissions (3.2 gm/mi); the REV factor will be calculated based upon the percentage cleaner that vehicle is found to be when compared to 3.2 gm/mi. The vehicle in the sample calculation was found to be 28% cleaner. c) The REV factor will be applied to the vehicle’s total commute trips and commute miles. The rates of SOV and SOVMT will be recalculated. d) When a REV is used for work-related trips, credit will be applied toward the equivalent emissions reduction targets (EERT) for SOVMT. 1 Maricopa Association of Governments, Transportation Planning Office (1994) 2 California Low Emission Vehicle Standards. CO standard reduced by 20%. TABLE 2: TRP REDUCED EMISSIONS VEHICLE (REV) CREDITS (SOV AND SOVMT CALCULATIONS) ACTION CALCULATION DETERMINE REV FACTOR. REV FACTOR= (ACTUAL EMISSION) ÷ (AVERAGE CO EMISSION). 2.3 ÷ 3.2 = .72 PERCENTAGE CLEANER = 1.0 – (REV FACTOR). THIS VEHICLE IS 28% CLEANER THAN THE AVERAGE. 1.0 - .72 = .28 VEHICLE’S COMMUTE TRIPS AND MILES TRAVELED WILL BE MULTIPLIED BY THE REV FACTOR. 2800 x .72 = 2016 MI. 260 TRIPS x .72 = 187.2 TRIPS THE DIFFERENCE BETWEEN COMMUTE MILES AND REV COMMUTE MILES IS DETERMINED. REDUCTION IS 784 MILES. 2800 - 2016 = 784 MI. THE DIFFERENCE BETWEEN COMMUTE TRIPS AND REV COMMUTE TRIPS IS DETERMINED. REDUCTION IS 72.8 TRIPS 260 - 187.2 = 72.8 TRIPS B) Conversion of rates of single-occupancy vehicle (SOV) trips and miles traveled (Table 3). 1) Credit calculation for implementing EER measures, other than REV, use the following 60 assumptions: a) the average total emissions is 18.34 grams per mile (gm/mi).3 b) average commute miles4 is 11.5 miles for employees and 4.9 miles for students. c) Grams are converted to pounds when divided by 454. d) Total commute trips include all SOV and alternative modes trips for a single work site and total commute miles include all SOV and alternative mode miles for a single work site. e) A site’s rate of SOV is converted to gm/yr by multiplying the average total emissions by the site’s SOV trips. f) A site’s EERT for SOV trips is the total commute trips, multiplied by the site’s SOV target reduction and the average total emissions. g) The amount of reduction needed to meet the EERT for SOV is the difference between the site’s EERT for SOV and its rate of SOV. h) The site’s rate of SOVMT is converted to gm/yr by multiplying the average total emissions by the site’s SOVMT. i) A site’s EERT for SOVMT is the total commute miles multiplied by the site’s target reduction for SOVMT and the average total emissions. j) The number of work days in a calendar year for a 3-day work week = 156 days; 4 day work week = 208; 5 day work week = 260; 6 day work week = 312; and 7 day work week = 365. 3 Includes carbon monoxide, oxides of nitrogen and volatile organic compounds. Arizona Department of Environmental Quality, 1997. 4 Maricopa County Trip Reduction Program Annual Report, 1996/1997. Average may vary. 2) Sample Calculation. Assume a company (ABC Co.) with 450 employees; SOV rate of 78.98%, target SOV rate is 60%; rate of SOVMT is 87.49%, target SOVMT is 63%; SOV trips (70,252) + alternate mode trips (10,920) = total trips (81,172); and SOVMT (782,548) + alternate mode miles (111,927.4) = total miles (894,475.4). TABLE 3: TRP SUMMARY OF CALCULATIONS ACTION CALCULATION CONVERT RATE OF SOV (78.98 %) TO GRAMS. (AVERAGE TOTAL EMISSIONS) X (SOV TRIPS) 78.98% = 18.34 x 70,252 = 1,288,421.68 (GM/YR) EERT SOV TRIPS = TOTAL COMMUTE TRIPS X (TARGET REDUCTION %) X (AVG EMISSIONS) 81.172 x .60 x 18.34 = 893,216.69 (GM/YR) CALCULATE THE AMT. OF REDUCTION NEEDED TO MEET EERT FOR SOV. 1,288,421.68 – 893,216.69 = 395,204.99 (GM/YR) CONVERT RATE OF SOVMT (87.49%) TO GRAMS. (AVERAGE TITAK ENUSSUIBS) X 87.49% = 782,548 x 18.34 – 14,351,930.32 (GM/YR) 61 (SOV TRIPS) EERT SOV TRIPS = TOTAL COMMUTE MILES X (TARGET REDUCTION %) X (AVG EMISSIONS) 894,475.4 x .63 x 18.34 = 10,334,947.67 (GM/YR) CALCULATE THE AMT. OF REDUCTION NEEDED TO MEET EERT FOR SOVMT 14,351,930.32 - 10,334,947.67 = 4,016,982.65 (GM/YR) C) Reducing Peak Commute Trips 1) Calculation Assumptions: a) an adjustment factor of .5 is applied to the number of commute trips and commute miles taken by employees who adjusted their work schedule. b) Average commute miles5 is 11.5 miles for employees and 4.9 miles for students. c) The amount of earned credit toward the EERT for SOVMT will be the adjusted trips multiplied by the average total emissions level and the number of work days. d) The amount of earned credit toward the EERT for SOVMT will be the adjusted miles multiplied by the average total emissions, the total number of schedule changes, and the number of work days. e) Credit is calculated and then applied to the rate of SOV or SOVMT. 2) Sample credit calculations for ABC Co. with 450 employees are shown in Tables 4 and 5. The rate of SOV = 78.98% = 70,252 SOV trips = 1,288,421.68 gm/yr. The rate of SOVMT = 87.49% = 782,548 SOV miles = 14,351,930.32 gm/yr. For sample calculation purposes, the number of schedules changes is 80, therefore, the number of adjusted trips is 40; the number of work days from June 1st to September 30th is 61. 5 Maricopa County Trip Reduction Program annual Report, 1996/1997. Average may vary TABLE 4 TRP SAMPLE CALCULATION – REDUCING PEAK COMMUTE TRIPS SOV TRIP CALCULATION ACTION CALCULATION CONVERT RATE OF SOV (78.98%) TO GM/YR: (SOV TRIPS) X (AVG EMISSIONS) 70,252 x 18.34 = 1,288,421.68 (GM/YR) ADJUST TRIPS. MULTIPLY NO. OF SCHEDULE CHANGES BY THE ADJUSMENT FACTOR. 80 x .5 = 40 ADJ. TRIPS AMT. OF CREDIT EQUALS (ADJ. TRIPS) X (AVG EMISSIONS) X (# OF WORKDAYS) 40 x 18.34 x 61 = 44,749.60 (GM/YR) APPLY CREDIT TO RATE OF SOV 1,288,421.68 - 44,749.6 = 1,243,672.08 (GM/YR) DETERMINE NEW SOV TRIP COUNT. (CONVERTED SOV) ÷ (AVG EMISSIONS) 1,243,672.08 ÷ 18.34 = 67,812 SOV TRIPS CHANGING 80 SCHEDULES REDUCES THE SOV TRIPS BY 2,440 PER YEAR. 70,252 - 67,812 = 2,440 CALCULATE NEW RATE OF SOV IF: 78.98% = 70,252 SOV TRIPS (70,252 ÷ 62 .7898 = 88,949.10 = 100%) THEN: X% = 67,812 SOV TRIPS (67,812 ÷ 88,949.10 = 76.24%) SOV = 76.24% (2.74% SOV REDUCTION) TABLE 5 TRP SAMPLE CALCULATION – REDUCING PEAK COMMUTE MILES SOVMT CALCULATION ACTION CALCULATION CONVERT RATE OF SOVMT (87.49%) TO GM/YR: (SOV MILES) X (AVG EMISSIONS) 782,548 x 18.34 = 14,351,930.32 (GM/YR) ADJUST MILES. MULTIPLY AVG COMMUTE MILES (13) BY THE ADJUSTMENT FACTOR. 13 x .5 = 6.5 ADJ MILES AMT. OF CREDIT EQUALS (ADJ. MILES) X (AVG EMISSIONS) X (# OF WORKDAYS) X (NO. OF TRIPS) 6.5 x 18.34 x 61 x 80 = 581,744.80 (GM/YR) APPLY CREDIT TO RATE OF SOVMT 14,351,930.32 - 581,744.80 = 13,770,185.52 (GM/YR) DETERMINE NEW SOV MILES COUNT. (CONVERTED SOVMT) ÷ (AVG EMISSIONS) 13,770,185.52 ÷ 18.34 = 750,828 SOV MILES CHANGING 80 SCHEDULES REDUCES THE SOV MILES BY 31,720 PER YEAR. 782,548 - 750,828 = 31,720 (MI/YR) CALCULATE NEW RATE OF SOVMT IF 87.49% = 782,548 SOV MILES (782,548 ÷ .8749 = 894,442,79 = 100%) THEN X% = 750,828 MILES (X=750,828 ÷ 894,442.79 = 83.94%) NEW SOVMT = 83.94% (3.55% SOVMT REDUCTION) D) Reducing Work-Related Trips 1) Calculation Assumptions a) an adjustment factor of .5 is applied to the number of reduced work-related trips. b) No adjustment factor is added to the number of reduced work-related miles. c) The amount of earned credit toward the EERT for SOV trips = (adjusted trips) x (average emissions. The amount of earned credit toward the EERT for SOVMT = (number of reduced work-related miles) x (average emissions). 2) Sample Credit Calculations (Tables 6 and 7): TABLE 6: TRP REDUCED WORK-RELATED TRIPS SOV CALCULATION ACTION CALCULATION 63 CONVERT RATE OF SOV (78.98% TO GM/YR: (SOV TRIPS) 70,252 x 18.34 = 1,288,421.68 (GM/YR) ADJUST TRIPS. (NO. OF WORK- RELATED TRIPS REDUCED) X 100 x .5 = 50 CALCULATE CREDIT. (ADJUSTED TRIPS) X (AVG 50 x 18.34 = 917 (GM/YR) APPLY CREDIT; AND CALCULATE NEW SOV TRIP 1,288,421.68 - 917 = 1,287,504.68 GM/YR 504 6 34 0 0 CALCULATE NEW RATE OF SOVMT IF: 79.98% = 70,252 SOV TRIPS (70,252 ÷ .7998 = 87,836.96 = 100%) THEN X% = 70,202 SOV TRIPS (70,202 ÷ 87,836.96 = 79.92%) X% = 79.92% (.06% SOV REDUCTION) TABLE 7: TRP REDUCED WORK – RELATED TRIPS SOVMT CALCULATION ACTION CALCULATION CONVERT RATE OF SOVMT (87.49%) TO GM/YR: (SOV MILES) x (AVG EMISSIONS) 782,548 X 18.34 = 14,351,930.32 (GM/YR) AMT. OF CREDIT: (NO. OF SOV MILES) - (NO. WORK-RELATED MILES) 782,548 - 10,000 = 772,548 CALCULATE NEW RATE OF SOVMT IF: 87.49% = 782,548 SOV MILES (782,548 ÷ .8749 = 894,442.79 = 100%) THEN: X% = 772,548 SOV MILES (772,548 ÷ 894,442.79 = 86.37%) X% = 86.37% (1.12% REDUCTION) E) Vehicle Trade-Outs 1) Calculation Assumptions a) Emissions6 for replacement vehicles are identified in Table 8. TABLE 8: TRP EMISSIONS OF REPLACEMENT VEHICLES (GM/MI) REPLACEMENT MODE AVERAGE EMISSIONS (GM/MI) MODEL – YEAR 1972 76.75 MODEL – YEAR 1973 73.08 MODEL – YEAR 1974 72.22 MODEL – YEAR 1975 109.13 MODEL – YEAR 1976 103.33 MODEL – YEAR 1977 96.90 MODEL – YEAR 1978 94.43 MODEL – YEAR 1979 94.65 MODEL – YEAR 1980 28.07 MODEL – YEAR 1981 29.57 MODEL – YEAR 1982 27.74 MODEL – YEAR 1983 26.43 64 MODEL – YEAR 1984 23.80 MODEL – YEAR 1985 22.15 MODEL – YEAR 1986 20.32 MODEL – YEAR 1987 17.15 MODEL – YEAR 1988 14.73 MODEL – YEAR 1989 13.29 MODEL – YEAR 1990 11.57 MODEL – YEAR 1991 9.47 MODEL – YEAR 1992 7.06 MODEL – YEAR 1993 6.07 MODEL – YEAR 1994 4.82 6 AZ Dept. of Environmental Quality, Office of Air Quality, Emissions Report dated Jan 1996 b) Average emissions7 for trade-out vehicles are identified in Table 9. * (For post 1981 vehicles refer to applicable model- year of Table 8), TABLE 9: TRP EMISSIONS OF TRADE-OUT VEHICLES MODEL YEAR CO Gm/mi NOX Gm/mi VOC Gm/mi TOTAL Gm/mi PRE 1972 69.5 4.0 12.4 85.9 1974 – 1974 46.4 3.8 9.7 59.9 1975 – 1981 36.1 3.1 3.9 43.1 *1981 + c) The annual commute miles of the trade-out vehicle equals the average commute miles of the replacement vehicle. d) Earned credit toward the rate of SOVMT will be determined by the difference in emissions levels between the trade-out and replacement vehicle. *South Coast Air Quality Management District, Rule 1610. Average Emissions for post – 1981 vehicles 2) Sample SOVMT credit calculation (Table 10) a) For sample calculation purpose: the trade-out is a 1972 model-year with 2,860 annual commute miles. The replacement vehicle is a 1990 model-year, Emissions for a 1990 model-year is 11.57 gm/mi. Emissions of a 1972 model-year is 85.9 gm/mi. b) The emissions benefit is expected to be maintained for two (2) years8 for a 1972 model-year trade-out. TABLE 10: TRP TRADE-OUT CRDITS – SOVMT CALCULATIONS ACTION CALCULATION CALCULATE EMISSIONS OF TRADE- OUT. (EMISSIONS) x (ANNUAL COMMUTE MILES) 85.9 x 2,860 = 245,674 GM/YR CALCULATE EMISSIONS OF REPLACEMENT. (EMISSIONS) x (ANNUAL COMMUTE MILES) 11.57 x 2,860 = 33,090.2 GM/YR CALCULATE THE DIFFERENCE IN EMISSIONS OF THE 2 VEHICLES. 245,674 - 33,090.2 = 212,583.8 GM/YR 65 CALCULATE CREDIT EARNED OVER THE LIFE OF THE TRADE-OUT (2 YEARS) 2 x 212,583.8 = 425,167.60 GRAMS CALCULATE REDUCTION OF SOVMT FOR YEAR 1: UP TO 1/3 OF EARNED CREDIT 425,167.60 x .33 = 140,305.31 GRAMS APPLY CREDIT TO SOVMT 14,351,930.32 - 140,305.31 = 14,211,625.01 GRAMS CALCULATE NEW RATE OF SOVMT IF: 87.49% = 14,351,930.32 GM/YR (14,351,930.32 ÷ .8749 = 16,404,080.83 = 100%) THEN: X% = 14,211,625.01 (14,211,625.01 ÷ 16,404,080.83 = 86.63%) X% = 86.63 (.86% REDUCTION IN YR 1) UNUSED CREDIT: 284,862.29 GRAMS F) Clean Off-Road Mobile Equipment 1) Calculation assumptions: a) replacement equipment meets utility equipment standards9 (Tables 11 or 12). TABLE 11: TRP – HAND HELD UTILITY EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp-hr CO Gm/bhp-hr TOTAL Gm/bhp-hr 1995 – 1998 Less than 20cc 220 + 4 600 824 1995 – 1998 20cc to 49.9cc 180 + 4 600 784 1995 – 1998 50cc and greater 120 + 4 300 424 1999+ All 50 + 4 130 184 TABLE 12: TRP – NON-HAND-HELD EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp-hr CO Gm/bhp-hr TOTAL Gm/bhp-hr 1995 – 1998 Less than 225cc 12.0 + 0 300 312 1995 – 1998 225cc and Greater 10.0 + 0 300 310 1999 + All 3.2 +0 100 103.2 8 Section 8 (B)(4)(b)(3). 9 Mobile Source Emissions Standards Summary, California Air Resources Board, 1994. 1995 and Later Small Utility Engines, Standards apply to equipment that is powered by gasoline or diesel engines rated at under 25 horsepower. Standards are based on total engine displacement in cubic centimeters (cc). All standards are expressed in grams per brake-horsepower-hour (g/bhp-hr). b) Earned credit is based upon the difference in emissions standards between the 1995, 1999 and zero-emitting off-road utility equipment. c) Table 13 is the earned credit10 (gm/yr) for residential off-road utility equipment. 66 TABLE 13: TRP EARNED CREDIT: RESIDENTIAL UTILITY EQUIPMENT (INCLUDES LAWN & GARDEN) (GM/YR) OFF-ROAD EQUIPMENT 1995 STANDARDS 1999 STANDARDS ZERO EMISSION STANDARDS 2 stroke Lawn Mowers 7945 12106.7 18160 4 stroke Lawn Mowers 3405 7604.5 12303.4 2 stroke Blowers, <50cc, Hand Held 1513.3 3405 4994 2 stroke Blowers, >50cc, Hand Held 2270 3405 4994 2 stroke Blowers 2648.3 3405 4994 4 stroke Blowers 1891.7 3783.3 538.8 2 stroke Chainsaws, <50cc 756.7 3783.3 5448 2 stroke Chainsaws, >50cc 2648.3 3783.3 5448 Garden Tractors – All 25348.3 111305.7 18777.4 Riding Mowers – All 7945 37984.7 34831.2 4 stroke Edgers/Trimmers 1891.7 3405 6401.4 2 stroke Edgers/Trimmers, <50cc 1513.3 3405 4994 2 stroke Edgers/Trimmers, >50cc 2270 3405 4994 4 stroke Tiller <225cc 4540 11009.5 17342.8 4 stroke Tiller >225cc 4918.3 11009.5 17342.8 2 stroke Shredder/Grinder 7945 11728.3 16798 4 stroke Shredder/Grinder 3405 7226.2 11849.4 d) Table 14 is the earned credit11 (gm/yr) for commercial off-road utility equipment. 10 California Air Resource Board, Rule 1623 – Credits for Clean Lawn and Garden Equipment (May 1996). Amount of credit for residential equipment reflects a Technical Adjustment Factor of 1.2 to account for the uncertainty for hours of operation. 11 California Air Resources Board, Rule 1623 – Credits for Clean Lawn and Garden Equipment (May 1996). Amount of credit for residential equipment reflects a Technical Adjustment Factor of 1.2 to account for the uncertainty for hours of operation. TABLE 14: TRP EARNED CREDIT: COMMERCIAL OFF-ROAD UTILITY EQUIPMENT (INCLUDES LAWN & GARDEN) (GM/YR) OFF-ROAD EQUIPMENT 1995 STANDARDS 1999 STANDARDS ZERO EMISSION STANDARDS 2 stroke Lawn Mowers < 225cc 117968 272854 329286.1 2 stroke Lawn Mowers > 225cc 179784 273308 329286.1 4 stroke Lawn Mowers< 225cc 73548 168842.6 225683.4 4 stroke Lawn Mowers > 225cc 74456 16871.8 225683.4 2 stroke Blowers/Vacuums, <20cc, Hand Held 152998 417226 500308 2 stroke Blowers/Vacuums, 20- 50cc Hand Held 169796 417226 500308 2 stroke Blowers/Vacuums, > 50cc, Hand Held 317800 417226 500308 67 2 stroke Blowers/Vacuums < 225cc 364108 449006 500308 2 stroke Blowers/Vacuums > 225cc 365470 449460 500308 4 stroke Blowers/Vacuums < 44946 158037.4 223867.4 4 stroke Blowers/Vacuums >225cc 46308 158037.4 223867.4 Garden Tractors – All 111230 487777.6 682952.2 Riding Mowers – All 99426 469980.8 663339.4 4 stroke Edgers/Trimmer > 55388 114952.8 167299 4 stroke Edgers/Trimmer< 225cc 54480 115225.2 167299 2 stroke Edgers/Trimmers < 22700 131660 166345.6 2 stroke Edgers/Trimmers, 20- 50cc 29510 131660 166345 2 stroke Edgers/Trimmers, > 50cc 91254 131660 166345.6 4 stroke Tiller < 225cc 27240 63741.6 83445.2 4 stroke Tiller > 225cc 27694 63696.2 83445.2 2 stroke Shredder/Grinder 316438 485780 580439 2 stroke Shredder/Grinder 316892 486234 580439 4 stroke Shredder/Grinder < 225cc 66738 237487.4 332645.8 4 stroke Shredder/Grinder > 225cc 70370 237669 332645.8 e) estimated years of credit life12 for off road mobile utility equipment (Table 15) is based upon whether the employer, employee or student is the buyer or seller of the equipment. 12 California Air Resources Board, Rule 1623 – Credits for Clean Lawn and Garden Equipment (May 1996). TABLE 15: TRP CREDIT LIFE FOR OFF-ROAD MOBILE UTILITY EQUIPMENT (YEARS) EQUIPMENT RESIDENTIAL COMMERCIAL BUYER SELLER BUYER SELLER LAWNMOWERS, 4-STROKE EDGERS/TRIMMERS 4 7 2 3 2-STROKE EDGERS/TRIMMERS 3 5 2 3 SHREDDERS/GRINDERS 4 7 3 5 4-STROKE BLOWERS/VACUUMS 4 7 2 3 2-STROKE BLOSERS/VACUUMS 3 5 2 3 CHAINSAWS 3 5 1 1 68 TILLERS 4 7 3 5 GARDEN TRACTORS 4 7 2 4 RIDING MOWERS 4 7 2 4 f) emissions standards13 for off-road mobile heavy-duty diesel engines (tables 16 and 17). Credit will be calculated from the year 2000 standard for 750+ horsepower (hp) equipment and the year 2001 standard for 175 – 750 hp equipment. TABLE 17: OPACITY LEVEL OF SMOKE FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR LUGGING ACCELERATION PEAK LEVEL 175 - 750 1996 - 2000 15% 20% 50% 175 - 750 2001+ 15% 20% 35% 750 + 2000+ 15% 20% 35% 3) Sample Calculation Off road heavy-duty diesel calculation will reflect the difference in the actual emissions standards if available, or the 1996 – 2000 emission standards compared to the year 2000 or 2001 emissions standards; the annual hours of operation; the rated horsepower (hp); the load factor (lf); and fuel consumption: [(baseline emissions - emissions standards) x (hrs x hp x lf)] = gm/yr 13 California Air resources Board, Mobile source Emissions Standards 1996 and later Heavy-duty Diesel Engines. G) Remote Sensing 1) Calculation Assumptions a) after repairs, vehicle meets Arizona Emissions Standards14 (Table 18). TABLE 18: TRP ARIZONA EMISSION STANDARDS I/M 240 (MAXIMUM GRAMS PER MILE) MODEL – YEAR VOC + NOX CO TOTAL 1996 + 2.1 10 12.1 1983 – 1995 2.8 15 17.8 1981 – 1982 2.8 30 32.8 b) emissions levels prior to repair will be compared to after repair levels. c) When subject to vehicle emissions inspection program15, the next scheduled emission test date determines maximum credit life. 2) Sample Calculation (Table 19): ABC Co.’s rate of SOVMT = 87.49%; SOV miles = 782,548; converted rate of SOVMT = 14,351,930.32 gm/yr; 1988 model year vehicle commutes 2860 mi/yr; emissions are 28.2 gm/mi.; Date of repair is 6/6/97; date of TABLE 16: STANDARDS FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR HC NOX Gm/bhp-hr CO 175 - 750 1996 - 2000 1.0 6.9 8.5 175 - 750 2001+ 1.0 5.8 1.0 750 + 2000+ 1.0 6.9 8.5 69 application for credit is 4/30/97; date of next emissions test is 1/31/99; the emissions standard is 17.8 gm/mi; and subsequent testing shows emissions level of 16.2 gm/mi. TABLE 19: TRP REMOTE SENSING CREDITS SOVMT CALCULATIONS ACTION CALCULATION calculate emissions benefit, per mile, of repair: (old emissions) - (after repair emissions) 28.2 - 16.2 = 12 GM/MI Calculate emissions reduction, per day, after repair. (emissions reduced) x (commute miles per day) 12 x 13 = 156 GM/MI/DAY Calculate emissions reduction from date of repair (6/6/97) to application date (4/30/98) or date of next test, whichever is sooner, exclude non-work days. (# adj days x emission reduction per day (226 x .5) x 156 = 17,628 GM Subtract reduction from sovmt and recalculate SOVMT miles 14,351,930.32 - 17,628 = 14,334,302.32 GM/YR 14,334,302.32 ÷ 18.34 = 781,586.82 SOV MILES Calculate new rate of SOVMT IF: 87.49% = 14,351,930.32 GM/YR (14,351,930.32 ÷ .8749 = 16,404,080, .83 = 100%) THEN: X% = 14,334,302.32 (14,334,302.32 ÷ 16,404,080, .83 = 87.38%) X% = 87.38% (.11% REDUCTION) Calculate credit for next year: # work days from application date (4/30/98) to next emission test date (1/31/99). ((# days x .5) x emission reduction) (186 X .5) X 156 = 14,508 GM 14 Emissions standards approved for use in the state of Arizona by the EPA pursuant to Arizona Administrative Code R18-2-1006. 15. A.R.S. 49-542, Annual Emissions and Inspection Program H) Stationary Source – Calculation Assumptions: 1) permit revisions establish new emission standard ceiling for stationary source. 2) Calculations and related assumptions will be consistent with methodology used to calculate EER credit and other local, state, and federal regulations, as applicable. I) Fuel Additives – Calculation Assumptions 1) Motor vehicle emissions, prior to use of fuel additive, were 20% or greater than the standards identified in table 18, for the applicable vehicle model- year. TABLE 18: TRP ARIZONA EMISSION STANDARDS I/M 240 (MAXIMUM GRAMS PER MILE) MODEL - YEAR VOC + NOX CO TOTAL 1996 = 2.1 10 12.1 70 1983 – 1995 2.8 15 17.8 1981 – 1982 2.8 30 32.8 2) off-road utility equipment emissions, prior to use of fuel additive, were 20% or greater than the standards identified in table 11 or 12, as applicable. TABLE 11: TRP – HAND HELD UTILITY EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp-hr Co Gm/824bhp- hr TOTAL Gm/bhp - hr 1995 – 1998 Less than 20cc 220 + 4 600 824 1995 – 1998 20cc to 49.9cc 180 + 4 600 784 1995 – 1998 50cc and greater 120 + 4 300 424 1999+ All 50 + 4 130 184 TABLE 12: TRP - NON-HAND-HELD EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp - hr CO Gm/bhp - hr TOTAL Gm/bhp - hr 1995 – 1998 Less than 225cc 12.0 + 0 300 312 1995 – 1998 225cc and Greater 10.0 + 0 300 310 1999+ All 3.2 + 0 100 103.2 3) off-road heavy-duty diesel equipment emissions, prior to use of fuel additive, were 20% or greater than the standards identified in Tables 16 and 17. TABLE 16: STANDARDS FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR HC Gm/bhp - hr NOX Gm/bhp - hr CO Gm/bhp - hr 175 – 750 1996 - 2000 1.0 6.9 8.5 175 – 750 2001+ 1.0 5.8 1.0 750 + 2000+ 1.0 6.9 8.5 TABLE 17: OPACITY LEVEL OF SMOKE FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR LUGGING ACCELERATION PEAK LEVEL 175 – 750 1996 - 2000 15% 20% 50% 175 – 750 2001 + 15% 20% 35% 750 + 2000 + 15% 20% 35% 4) area source emission, prior to use of the fuel additive, were 20% or greater than original equipment manufacturer’s specifications. 5) Calculations and related assumptions will be consistent with methodology used to calculate EER credit. J) Other Mobile Source Reductions and Other Vehicle Miles Reduction Programs Calculations and related assumptions will be consistent with methodology used to calculate EER credit. 71 MARICOPA COUNTY ORDINANCE AIR POLLUTION CONTROL REGULATIONS P-7 TRAVEL REDUCTION PROGRAM INDEX SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS A. ALTERNATIVE MODE B. ALTERNATIVE MODE USER C. AREA A D. BOARD E. COMMUTE TRIP F. COMMUTER MATCHING SERVICE G. COUNTY H. DEVICE I. DOCUMENTATION J. ELECTRIC VEHICLE (EV) K. ELECTRIC VEHICLE CHARGING STATION (EVCS) L. EMISSIONS M. EMPLOYEE N. EQUIVALENT EMISSIONS REDUCTION (EER) CREDIT O. EQUIVALENT EMISSIONS REDUCTION (EER) MEASURE P. FIELD WORKER (FW) Q. MAIN SITE R. MAJOR EMPLOYER (EMPLOYER) S. MARICOPA COUNTY TRAVEL REDUCTION PROGRAM (TRP) T. MODE U. MOTOR VEHICLE V. NOTICE OF DISAPPROVAL W. NOTICE OF VIOLATION (NOV) Return to list of attachments 72 X. ORDER OF ABATEMENT BY CONSENT (OAC) Y. PLAN YEAR Z. PROGRAM YEAR AA. PROMOTIONAL ITEM BB. RATE OF SINGLE-OCCUPANCY VEHICLE MILES TRAVELED CC. RATE OF SINGLE-OCCUPANCY VEHICLE TRIPS DD. REQUEST FOR DOCUMENTATION (RFD) EE. RIDESHARE FF. SCHOOL GG. SINGLE-OCCUPANCY VEHICLE (SOV) HH. SINGLE-OCCUPANCY VEHICLE MILES TRAVELED (SOVMT) II. SITE TRANSPORTATION COORDINATOR (SITE TC) JJ. STAFF KK. STRATIFIED STATISTICALLY SIGNIFICANT RANDOM RESPONSE RATE LL. STUDENT MM. SURVEY NN. SURVEY DATA RESULTS OO. TRANSIT PP. TRANSPORTATION COORDINATOR (TC) QQ. TRAVEL REDUCTION MEASURE (MEASURE) RR. TRAVEL REDUCTION PLAN (PLAN) SS. TRAVEL REDUCTION PROGRAM TT. TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE (TASK FORCE) UU. WORK-RELATED TRIP VV. WORK SITE (SITE) SECTION 3 – REQUIREMENTS A. POINT OF CONTACT FOR EMPLOYERS B. ANNUAL SURVEY C. TRAVEL REDUCTION PLAN SECTION 4 – ENFORCEMENT A. REQUEST FOR INFORMATION AND DOCUMENTS B. TASK FORCE REVIEW 73 C. ENFORCEMENT ACTIONS D. CIVIL PENALTIES E. APPEALS 74 Adopted 11/24/1992; Revised 05/26/1994; Revised 07/23/1997; Revised XX/XX/XXXX MARICOPA COUNTY ORDINANCE AIR POLLUTION CONTROL REGULATIONS P-7 TRAVEL REDUCTION PROGRAM SECTION 1 – GENERAL A. PURPOSE: Pursuant to A.R.S. § 49-581, et seq., the purpose of this ordinance is to reduce traffic impacts on air pollution and emissions within the County by requiring major employers to develop, implement, and maintain a travel reduction program. B. APPLICABILITY: This ordinance applies to the following: 1. Any employer located in Area A within Maricopa County with 50 or more employees working at or reporting to a single work site. 2. Any employer located outside of Area A within Maricopa County with 100 or more employees working at or reporting to a single work site. SECTION 2 – DEFINITIONS For the purpose of this ordinance, the following definitions shall apply: A. ALTERNATIVE MODE: Any mode of commute transportation other than the single- occupancy vehicle. B. ALTERNATIVE MODE USER: A commuter who uses an alternative mode of transportation to travel to work or school. C. AREA A: The area in Maricopa County prescribed in A.R.S. § 49-541(1). D. BOARD: The Maricopa County Board of Supervisors. E. COMMUTE TRIP: A trip taken by an employee to or from a work site located within the County, or by a student to or from a school site located within the County. F. COMMUTER MATCHING SERVICE: A system, whether it uses computer or manual methods, that assists in matching employees and/or students for the purpose of sharing rides to reduce commuter travel. G. COUNTY: Maricopa County. H. DEVICE: Any component or equipment that is designed to be installed in or on a motor vehicle as an addition to, as a replacement for, or through alteration or modification of, any original component or device. Any fuel conversion configuration, or conversion kit is a device. I. DOCUMENTATION: Copies of promotions, receipts, registration forms/lists, reports or other information an employer must supply to support the approval/implementation of a 75 plan or annual survey. J. ELECTRIC VEHICLE (EV): Any vehicle with an electric motor that is powered by a battery and can be recharged by connecting to a source of energy, such as a plug-in hybrid, battery electric, or hydrogen fuel cell vehicle. For the purposes of this ordinance, such a vehicle must be used to transport a person from their home to their work site in order to qualify for the EV Charging Station Credit detailed in Section 3(C)(4). K. ELECTRIC VEHICLE CHARGING STATION (EVCS): A piece of infrastructure used exclusively for the purpose of charging electric vehicles. L. EMISSIONS: The release of pollutants into the ambient air. M. EMPLOYEE: A person who works at or reports to a single work site within the County during any time period of a 24-hour day, at least three days per week during any six months of the year. N. EQUIVALENT EMISSIONS REDUCTION (EER) CREDIT: The credit applied to the rates of single-occupancy vehicle trips and/or miles traveled when an emissions reduction, other than a reduction in the number of single-occupancy vehicle trips or vehicle miles traveled, is achieved. O. EQUIVALENT EMISSIONS REDUCTION (EER) MEASURE: A procedure or process implemented to reduce emissions other than those from commute trips and commute miles. Such measures are identified in Section 3 (C)(5). P. FIELD WORKER (FW): A field-based employee that regularly commutes/reports to other sites in and around Maricopa County instead of the main work site that the employee is primarily assigned to. Q. MAIN SITE: A site designated by the Transportation Coordinator and Travel Reduction Program staff that has a combination of office and field workers, also referred to as the primary site. R. MAJOR EMPLOYER (EMPLOYER): A sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, school, district, or other individual or entity, public or private, subject to the applicability provisions in Section 1(B). S. MARICOPA COUNTY TRAVEL REDUCTION PROGRAM (TRP): The Travel Reduction Program mandated by A.R.S. §49-581, et seq. that is administered by Maricopa County staff. T. MODE: A type of transportation used for commute trips, including single-occupancy motor vehicles, rideshare vehicles, transit, bicycles, and walking. U. MOTOR VEHICLE: Any vehicle including a car, van, bus, motorcycle, golf carts, and all other motorized vehicles. V. NOTICE OF DISAPPROVAL: Written communication made by TRP staff to the employer informing them of the Task Force’s decision on their annual survey or travel 76 reduction plan. W. NOTICE OF VIOLATION (NOV): Written notification that outlines any deficiency in complying with the requirements of the TRP and provides a deadline to correct before the matter is sent to the Task Force for enforcement consideration. X. ORDER OF ABATEMENT BY CONSENT (OAC): Agreement between an employer, Maricopa County Air Quality Department and the Task Force that includes a settlement penalty (payment) to resolve an enforcement action. Y. PLAN YEAR: The period of time from the date the original travel reduction plan was submitted until subsequent travel reduction plan submission. Z. PROGRAM YEAR: The period of time from survey start date to the next scheduled survey start date. AA. PROMOTIONAL ITEM: Any type of company paraphernalia or promotional items, including but not limited to, hats, shirts, coffee mugs, water bottles, pens, etc. with or without company logo on the item, given by an employer to its employees and/or students, and intended as an incentive for the employees and/or students to participate in their employer’s or school’s travel reduction program. BB. RATE OF SINGLE-OCCUPANCY VEHICLE MILES TRAVELED: The number of single-occupancy vehicle commute trip miles traveled divided by the total number of vehicle commute trip miles traveled by all modes for that work site or school site. CC. RATE OF SINGLE-OCCUPANCY VEHICLE TRIPS: The number of single- occupancy vehicle commute trips taken by all modes for that work site or school site. DD. REQUEST FOR DOCUMENTATION (RFD): Written communication from TRP staff to an employer that outlines any documentation that is required to determine compliance with the requirements of the TRP. EE. RIDESHARE: Transportation of more than one person for commute purposes, in a motor vehicle with or without the assistance of a commuter matching service. FF. SCHOOL: For the purpose of this ordinance, any school district, community college, trade school, university, or other educational institution, subject to the applicability provisions in Section 1(B). GG. SINGLE-OCCUPANCY VEHICLE (SOV): A motor vehicle occupied by one employee or student for commute purposes, including motorcycles. HH. SINGLE-OCCUPANCY VEHICLE MILES TRAVELED (SOVMT): The number of miles traveled by an SOV from commute trips. II. SITE TRANSPORTATION COORDINATOR (SITE TC): A designated person employed at a particular work site by the employer that is responsible for assisting the TC with site-specific information, including but not limited to, annual survey data and travel reduction plan implementation and documentation. 77 JJ. STAFF: County employees that are assigned to administer the travel reduction program and support the Task Force. KK. STRATIFIED STATISTICALLY SIGNIFICANT RANDOM RESPONSE RATE: A response rate established by dividing employees into relatively similar groups, and a random sample is surveyed from each group. LL. STUDENT: A driving-aged person commuting to a single school site within the County at least three days per week. MM. SURVEY: A commuter questionnaire which is provided by the TRP and administered to employees and driving-age students by the employer. Conducted annually by the employer based on the employer’s program year. NN. SURVEY DATA RESULTS: A summary provided by staff of the information from a major employer’s or school’s annual survey. OO. TRANSIT: A public transportation system including bus and light rail. PP. TRANSPORTATION COORDINATOR (TC): Person designated by a major employer to serve as the main person in developing and implementing a Travel Reduction Program. QQ. TRAVEL REDUCTION MEASURE (MEASURE): An incentive or disincentive, intended to reduce the rate of SOV commute trips, or the rate of SOVMT. RR. TRAVEL REDUCTION PLAN (PLAN): A written report describing travel reduction measures and/or EER measures that a major employer intends to implement. SS TRAVEL REDUCTION PROGRAM: A program that develops, implements and maintains a travel reduction plan by an employer that includes returning the employer report for the annual survey; administering and returning the annual survey; developing, submitting, and implementing a travel reduction plan; and maintaining documentation/records. TT. TRAVEL REDUCTION REGIONAL TASK FORCE (TASK FORCE): The Travel Reduction Program Regional Task Force, designated by the Board as the responsible agency to implement and enforce this ordinance, and established in Maricopa County by A.R.S. § 49-581, et seq. UU. WORK-RELATED TRIP: Any non-commute trip that originates and ends at a work site. VV. WORK SITE (SITE): A building and any group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way and which are owned or occupied by the same major employer SECTION 3 – REQUIREMENTS A. POINT OF CONTACT FOR EMPLOYERS: An employer must designate a Transportation Coordinator (TC). An employer with multiple sites may also designate a Site Transportation Coordinator (Site TC). 1. Transportation Coordinator (TC) 78 a. TCs will be responsible for: (1) Gathering and maintaining all documentation necessary to determine compliance with A.R.S. § 49-581, et seq. and this ordinance. Records must be made available to TRP staff upon request and without delay during normal business hours. (2) Having the authority to make decisions on behalf of the employer regarding the travel reduction program. (3) Completing the “Intro to TRP” training within 90 days of designation. (4) Ensuring daily access to a computer, email, and a telephone. b. The TC must be a regular employee or an external contractor of the employer hired specifically to manage the employer’s travel reduction program, preferably from the Human Resources (HR), Facilities or Transportation department. (1) For the purposes of this ordinance, temporary employees, interns and/or general contract employees will not be considered a regular employee. (2) If the employer hires an external contractor to manage the employer’s travel reduction program, they must also have a designated Site TC as described in Section 3(A)(2) (Site TC) of this ordinance. Documentation may be requested that verifies the external contractor’s designation as a TC. (3) Teleworkers and field workers that do not report to the work site at least three days per week should not be considered for a TC position. (4) An out-of-state TC must designate a Site TC as described in Section 3(A)(2) (Site TC) of this ordinance. 2. Site TC: a. Shall represent and assist the TC at their respective work site to disseminate travel reduction program information, surveys, incentives and other travel reduction program related issues. b. During an audit, shall have access to all documentation regarding TRP and be able to assist the TC when the TC is unavailable. c. Shall complete the “Intro to TRP” training within 90 days of designation. d. Must have daily access to a computer, email, and a telephone. B. ANNUAL SURVEY 1. Survey Requirements: Employers shall conduct and submit to the Task Force, on an annual basis, survey data for each work site as directed by the Task Force. An employer that is a high school, community college, or university shall include full-time students in determining the requirements of this ordinance. An employer’s annual survey shall be reviewed by TRP staff to determine if the requirements set forth by the Task Force have been met. If any survey data is not approved by the Task Force, the employer shall submit additional data as required by the Task Force within ten working days of receiving a notice of disapproval. An employer’s rate of single-occupancy vehicle (SOV) trips and rate of single-occupancy vehicle miles traveled (SOVMT) will be determined from the survey for each work site. The results of the initial survey shall form a baseline 79 against which attainment of future targets identified in Section 3(B)(3) (Survey Results) of this section, shall be measured. a. The baseline for participation in alternative modes of transportation shall be based on the proportion of employees or students commuting by SOVs. This proportion shall be identified as the rate of SOV trips. b. The baseline for vehicle miles traveled shall be the number of SOV commute miles traveled divided by the total number of commute miles traveled by all modes to a work site. This proportion shall be identified as the rate of SOVMT. 2. Survey Response Rate a. Employers must do one of the following: (1) Obtain a minimum 60% survey response rate; or (2) Obtain a minimum stratified statistically significant random response rate, which has been reviewed by TRP staff and documented in the employer’s Task Force- approved plan. b. All surveys, trainings and outreach materials must be provided to all employees and the employer will encourage 100% participation in the survey process. c. All non-respondents to the annual survey for a site below the minimum required response rate are recorded as an SOV commuter (up to the required response rate in the plan or 60% if there is no documented response rate in the employer’s approved plan) when calculating the analysis. 3. Survey Results: Employers shall implement all travel reduction and/or EER measures approved by the Task Force to: a. Maintain a rate of SOV trips or rate of SOVMT for employees of not more than 60%, or b. Attain target reductions in SOV trips or SOVMT. The first-year target will be a 10% reduction from the baseline established for the rate of SOVMT. The second through fifth year target will be a 10% reduction from the target of the previous year; targets following the fifth year will be a five percent reduction from the target of the previous year. 4. Field Worker (FW) a. An employer that is requesting not to survey employees that are categorized as a FW will need to conduct their annual survey process as they normally would for all other employees at the primary work site and also provide detailed data on FWs. b. In order for an employer not to survey any FWs, the TC must provide documentation stating which position(s) they are claiming as FWs. (1) The documentation must include a completed application provided to the employer by TRP staff as well as a short description for each employee of why the employer categorizes this employee as a FW, including what the FWs job title is, how often they report into the primary work site, and a short description of the FW’s job duties. 80 (2) The TC will be required to provide documentation requesting an exemption to survey their field workers, along with their annual employer report at the beginning of their survey cycle. Additional data may be requested to assist the plan’s reviewer when conducting audits to ensure measures can be properly implemented. C. TRAVEL REDUCTION PLAN 1. Documentation Criteria for Plan a. Employers must implement and begin documenting the travel reduction plan within 30 days from the submission date. Monitoring of plan implementation will be conducted by TRP staff within the plan year. b. Employers must keep three plan years of documentation that supports compliance with the requirements of the TRP. c. All travel reduction plan measures must be paid by the employer according to the frequency chosen on the travel reduction plan. d. Incentive disbursements must be provided to employees within 30 days. e. The TRP Supervisor has the discretion to determine the required documentation for special case issues. 2. Plan Development and Implementation Employers shall: a. Develop an approvable travel reduction plan designed to meet target reductions for all work sites and submit the plan to the Task Force within five weeks after receiving survey data results. An employer’s plan shall be reviewed by TRP staff to determine if the requirements of the Task Force have been met. Employers shall be notified of the approval or disapproval of the plan within 90 days. If any plan is not approved by the Task Force, the employer shall modify and resubmit the plan within ten working days of receiving a notice of disapproval. An approvable travel reduction plan shall include: (1) The name and signature of the designated TC. (2) The name, address, telephone number, and signature of the Chief Executive Officer or the highest ranking local official responsible for implementing the plan. (3) A description of program information, travel reduction measures, and/or EER measures that will be implemented in the current year. (4) A description of the stratified statistically significant random response rate for each site (if choosing this option instead of the default 60% requirement), including any documentation required by TRP staff to analyze each proposed rate. (5) A description of a mechanism for regular distribution of alternative mode transportation information. (6) A total plan budget, in which the median expense per person and SOV/MT rates 81 calculated for each industry type will be the benchmark used during the plan review process. A.R.S. §49-583 references the ability of the Task Force to consider unique circumstances and costs when reviewing an organization’s proposed travel reduction plan. (7) For employers who do not meet a reduction goal in the second program year, the plan shall contain at least two measures and shall contain at least four measures if a reduction goal is not met in any program year thereafter. Employers must demonstrate to TRP staff that the proposed measures have the potential to reduce SOV/SOVMT rates in order to be recommended for approval into an employer’s travel reduction plan. TRP staff can advise employers on measures appropriate to their specific site(s). After any subsequent program year in which the reduction goal is not met, the Task Force shall review the travel reduction program of any employer and may recommend additional measures. Measures shall be consistent with the work site, location, and/or survey data results. (8) Such other information as may be required by the Task Force. b. Implement a travel reduction plan approved by the Task Force. c. Provide a minimum of two (2) continuous communication methods to each employee and student with information on alternative mode options, equivalent emissions reduction measures and travel reduction measures. d. Provide to new employees at the time of hire and to new students at the time of enrollment information on alternative mode options, equivalent emissions reduction measures and travel reduction measures. e. Designate a TC responsible for implementing the employer’s travel reduction program and serving as the liaison to the Task Force. f. Provide updated information as required by the Task Force within 60 days of opening for business or hiring, relocating, or otherwise adding employees so as to become subject to this ordinance. g. Notify their employees and students of the duty to comply with the requirements of A.R.S. § 49-542. h. Keep all records necessary to prove compliance with and verify implementation of an approved travel reduction plan. i. Contact the TRP staff if they become subject to the requirements of this ordinance as a result of a corporate merger or consolidation. Employers must update any information that will affect their travel reduction program, including but not limited to, contacts, program year, and plan. The previous predecessor’s program year and plan will remain in effect until TRP staff is notified of change in ownership. 3. Promotional Items a. Special circumstances may arise for employers proposing promotional items every plan year. It will be up to the TRP auditor’s discretion whether to allow a promotional item to be a measure on an employer’s plan. Issues that an auditor may consider in deciding whether to approve usage of particular promotional items include, but are not limited to: 82 (1) If the first year of using a promotional item does not lower SOV/SOVMT rates, these may not be allowed in the following year. (2) Case-by-case: Items can/may vary for each industry. 4. Electric Vehicle Charging Station (EVCS) Credit a. Requesting Credit for Electric Vehicle Charging Stations (1) An organization that requests credit on their travel reduction plan is required to track and log data and expenses for the EVCS’s located on the employer’s property. Credit will apply to the company’s plan, even if the EVCS is not at the main site. Stations for which organizations are requesting credit must be located in the Maricopa County area for any one of an employer’s sites that participate in the TRP. (2) Credit will only be given for EVCSs used to power non-fleet passenger vehicles. (3) Credit will be given in dollar amounts on an employer’s plan, as indicated on the travel reduction plan template. (4) Credit will not be given to employers for employee-owned EVCSs that are not located on an employer’s premises. (5) Organizations that already have an EVCS on-site can have their costs ‘grandfathered’ into their current plan. As a one-time credit, past installation and set-up costs may be credited but at a reduced amount (i.e., if an EVCS was installed five years prior to the request for credit, the employer will be allowed one-fifth of the initial cost of the station and any associated costs). The EVCS must be in operating condition and currently in use to receive the ‘grandfathered’ credit. (6) Fill out the total amount of dollars spent for each EVCS and for any individual equipment that may have been bought at the initial purchase. b. Authorized EVCS Credit (1) Some items may be a one-time/initial credit or may be taken each plan year. This must be indicated on the spreadsheet provided by TRP staff. (2) Items authorized for credit/cost are as follows, but are not limited to: (a) Charging station (b) Initial installation fee for charging station(s) (c) Activation charge(s) (d) Monthly electric charges incurred for charging employees’ vehicles (e) Service warranty, also known as network service plan or extended warranty (f) Service maintenance (g) Signage cost(s) for parking spots for EVCS c. Submitting for EVCS Credit (1) The TC must submit the following information when the annual plan is 83 submitted to the TRP office: (a) Location of EVCS(s) (b) Date when station was put into service (c) Name/type of EVCS (d) Model and serial number of charging stations (e) Warranty information – duration, cost per year (2) Fill out the total number of the dollars spent on each EVCS and associated equipment for the current plan year. This will be the monthly out-lay for each piece of equipment. d. The TRP staff will process the plan request and the TC (employer) is responsible for documentation that will be checked during the audit conducted by TRP staff. 5. Equivalent Emissions Reduction (EER) Measures a. Employers may receive equivalent emissions reduction (EER) credit toward their SOV and/or SOVMT rate(s) by implementing EER measures in conjunction with, or independent of, travel reduction measures. Credit will not be provided for measures that are otherwise required by law, regulation, or ordinance. (1) To qualify for EER credit, the following criteria shall be demonstrated and submitted at the time of application: (a) Emissions reductions are not related to commute trips. (b) Emissions reductions can be substantiated. (c) Implementation of EER measure(s) is enforceable as part of the employer’s plan. (d) The credit life of the emissions reduction shall be reasonably established and commensurate with the proposed use of the credit. Credit life is the estimated amount of time over which the emissions reduction benefit is expected to be maintained. Earned credit, unless otherwise stated in this ordinance, is valid from the date of application approval with the limit that no more than one-third of the earned credit may be used within one year from the date of approval and not more than two-thirds of the earned credit used within two years from the date of approval. Earned credit is available to an employer for up to seven years. (e) A completed application form that includes, but is not limited to: (i) Documentation reflecting commute trips and miles (ii) Purchase receipts for any devices, warranties or installation of devices (iii) The name of a device and its manufacturer (iv) Lease or warranty agreements (2) An employer may choose whether the earned credit be applied to the rate of SOV or the rate of SOVMT, unless otherwise stated in this ordinance. Credit shall not be transferable. 84 (3) Rates of SOV and SOVMT shall be converted to pounds of emissions in order to determine the credit amount given. (4) Earned credit shall be applied to the SOV and/or SOVMT rate(s) after application approval. (5) Written proposal must be submitted to TRP staff and evaluated by the Task Force prior to implementation. The proposal shall provide a methodology for credit calculation, a demonstration of emissions reduction, and any additional information as requested by the Task Force. (6) Credit methodology, assumption, calculations, and earned credit shall be consistent with the established criteria of this ordinance. SECTION 4 – ENFORCEMENT A. REQUEST FOR INFORMATION AND DOCUMENTS 1. TRP staff will notify an employer of a delinquency (e.g., employer report, survey forms, plan, or documentation) and offer the employer an opportunity to promptly resolve the matter. This request for documentation (RFD) may be provided via email, U.S. Mail and/or a documented phone call. 2. Employer requests for additional time will be processed by TRP staff. The employer’s history and current circumstances will be considered prior to granting an extension. Any extension request that exceeds the original deadline should be reviewed with the TRP Supervisor. 3. Employers that fail to promptly respond to TRP staff’s requests or miss an extended deadline will be issued a notice of violation (NOV) that will outline a one-week deadline to comply. While the RFD is an enforceable action, civil penalties will not incur until an NOV is issued. B. TASK FORCE REVIEW 1. Employers that fail to comply by the NOV deadline will be scheduled on the next task force agenda for discussion/action and receive a written invitation to that meeting. 2. TRP staff will provide the Task Force a report that summarizes the NOV timeline and include a proposed corrective action and deadline. Recommended deadlines offered by staff should take into consideration the complexity and volume of information needed that may justify providing additional time to the employer. 3. The employer will be offered the opportunity to address the Task Force if they have a representative present at the public meeting. 4. The Task Force is expected to accept, amend or deny TRP staff’s recommendation during the public meeting or request that TRP staff obtain additional information before a decision is made during a future public meeting. 5. All Task Force decisions will be documented in the formal meeting minutes. 6. The Task Force Chairman or Assistant Chairman will provide a written notice to the employer to confirm the ruling made during the formal meeting. This notice will detail 85 the actions necessary to correct the delinquency, identify a deadline, and state that the employer may be referred for further enforcement action if the deadline is not met. 7. If an employer has a multi-year history of compliance delinquencies, the Task Force may vote to pursue civil penalties regardless of how quickly the employer resolves the NOV. C. ENFORCEMENT ACTIONS 1. If the Task Force notice deadline has expired and the employer has failed to comply with all parts of the Task Force notice, the Assistant Chairman will determine if the matter should be held until the Task Force can review during the next public meeting, should be forwarded to the Deputy County Attorney’s office, or if an order of abatement by consent (OAC) should be issued. The Task Force or the Assistant Chairman of the Task Force may delay further enforcement if the employer is actively resolving all deficiencies. 2. The County Attorney may seek authorization from the Board to take appropriate legal action (A.R.S. § 49-593) to obtain compliance and/or civil penalties. D. CIVIL PENALTIES 1. The Task Force will consider the NOV issuance date as “violation day one” when calculating the total potential (maximum) fine. 2. The Assistant Chairman may issue an OAC to any employer that failed to fully comply with the deadline listed in the Task Force notification. 3. The Assistant Chairman will issue an OAC if the Task Force previously voted to pursue civil penalties based upon the employer’s compliance history. 4. The proposed penalty listed in the OAC will be either 10% of the maximum fine or the approved plan’s incentive budget, whichever is greater. This penalty would be in addition to any expenses incurred by the employer to fully execute the employer’s approved plan. 5. TRP staff and the Assistant Chairman will update members on settlement activity during the scheduled public meetings. 6. All settlement funds will be deposited in the County’s General Fund, as per A.R.S. § 49- 593(D). E. APPEALS 1. Any employer or resident of the county may appeal to the Board of Supervisors a decision of the Task Force to authorize or withhold variances, a decision to approve or disapprove a travel reduction plan, or a decision that an employer is subject to the requirements of this ordinance. Any petition by an employer or resident of the county appealing the decision of the Task Force must be filed with the Clerk of the Board within ten working days after the employer or resident of the county receives notice of the decision. 86 Vice President MacMillan called the meeting to order at 3:00 p.m. ROLL CALL: Members Present: Members Not Present: Don Cassano Robert MacMillan Don Hughes Andrew Rascon Kristen Acton – via phone Chairman Bill Gates Nedra Halley Scott Celley Debra Baldauff Paul Stander – via phone Ex-Officio: Marcy Flanagan CALL TO THE PUBLIC: President Hughes announced that we have speaker slips for anyone wishing to speak on any action items. Speakers will be called after the item is heard. Each speaker will have 2 minutes to speak. President Hughes asked if there were any speakers that requested to speak at today’s meeting. Ms. Bonham responded that she has not received any speaker slips. DISCUSSION/ACTION ITEMS 1. Approval of Minutes: President Hughes asked for a motion to approve the minutes from the BOH Meeting held on July 23, 2019. Motion was made by Mr. Cassano to approve the BOH minutes as presented. Motion was seconded by Ms. Halley and all were in favor. The motion passed unanimously. 2. Appointment for Board of Health Finance Committee vacancy President Hughes President Hughes explained that the vacancy on the Finance Committee needed to be filled. The Finance Committee meets 30 minutes prior to the Board of Health meeting. Dr. Stander said he would be interested in being on the Finance Committee. Dr. Stander was appointed to fill the vacancy on the Board of Health Finance Committee. 3. Fee Waiver Process Change Presentation Ms. Darcy Kober Mr. Ken Conklin Ms. Darcy Kober and Mr. Ken Conklin presented on the Fee Waiver Process Change. Clarification of Responsibilities Maricopa County Environmental Services Department (MCESD) • Processes fee waiver applications. • Applicants complete and submit substantiating documentation. MCESD places completed fee waiver applications with substantiating documentation on a BOH meeting agenda as an action item for review. BOH • Has the authority to grant fee waivers. MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES Monday, October 28, 2019 at 3:00 pm 205 W. Jefferson Street, Phoenix, Arizona 85003 Board of Supervisors Auditorium Return to list of attachments 87 • Receives completed fee waiver applications and substantiating documentation from the MCESD including a staff report. • Votes to approve or disapprove MCESD submitted fee waivers at a scheduled BOH meeting. Environmental Services revised the online fee waiver application. Fee Waiver Qualifying Criteria 1. A charitable nonprofit establishment that operates to provide relief solely for the poor, distressed or under-privileged. 2. The operator must maintain a current 501(c)(3) tax exempt designation from the Department of the Treasury, Internal Revenue Service. 3. The operator must demonstrate to the Board of Health that payment of said fee will cause financial hardship. Fee Waiver MCEHC Criteria – When Questionable: • Contact Applicant • Clarify Fee Waiver Requirement Criteria • Inform Applicant of BOH Open Meeting Option Staff Report Created and Submitted to BOH - Contains a description of the criterion (criteria) that was not met. Substantive Policy Statements (SPS) - Written to clarify fee waiver interpretations. Fee Waiver - Substantive Policy Statements (SPS) An SPS is advisory only. In accordance with A.R.S. §11-1601, SPSs do not include internal procedural documents that only affect internal procedures of the Maricopa Environmental Services Department (Department) and do not impose additional requirements or penalties on regulated parties or provide confidential information. New Fee Waiver SPSs: • Clarify the Department’s role processing permit fee waivers • Clarify Financial Hardship Current Fee Waiver SPS: • Fee Waived Food Employee Certificate 4. Fee Waiver Briefing – 30 Fee Waiver Applications Ms. Jeannie Taylor Ms. Jeannie Taylor presented thirty (30) fee waivers for review and consideration of approval. Twenty-six (26) nonprofit organizations and four (4) sponsoring school districts with completed fee waiver applications for the Board of Health’s review. A summary sheet document was provided. Jeannie explained that the Environmental Services Department staff reviewed thirty (30) fee waiver applications to be presented to the Board for approval/denial. Based on the information provided during the application process, all listed permitted operations appear to meet the criteria set forth in the Maricopa County Environmental Health Code Chapter 1, Regulation 5, except for Partnership with Parents Inc. (DBA Desert Heights Charter School), Ahwatukee American Little League and Peoria Unified School District. The Desert Heights Charter School does not meet the criteria because they do not soley operate to provide relief to the poor, distressed or under-privileged. Soley is interpreted as 100% of the proceeds. The Ahwatukee American Little League does not meet the criteria because they do not soley operate to provide relief to the poor, distressed or under-privileged. Soley is interpreted as 100% of the proceeds. The Peoria Unified School District does not meet the criteria because they do not maintain a 501(c)(3) designation with the Internal Revenue Service. Motion to approve all fee waiver applications except P15 – Desert Heights Charter School, P22 – Ahwatukee American Little League and P 23 – Peoria Unified school District. Motion was made by Mr. Ceeley, seconded by Mr. Cassano and all were in favor. The motion passed unanimously. 88 5. Recommendation to the Board of Supervisors to approve the proposed revisions to AQ-2017-010-NSR the New Source Review (NSR) rules, AQ-2017-010-Rule 510 (Air Quality Standards), and AQ-2017-011-Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank) Mr. Gregory Verkamp Ms. Kimberly Butler AQ-2017-010-NSR (New Source Review): NSR is a permitting program that requires businesses to get an air pollution control permit before they start construction or make major modifications to their business. The Maricopa County Air Quality Department (MCAQD) is proposing to revise the NSR rules to remedy eight deficiencies identified by the EPA and to address Stakeholder and Staff comments and the EPA’s recommended clarifications. Motion was made by Mr. Cassano for the recommendation to the Board of Supervisors to approve the proposed revisions to AQ-2017-010-NSR the New Source Review (NSR) rules. Motion was seconded by Ms. Halley and the motion passed unanimously. AQ-2017-010-Rule 510 (Air Quality Standards): The MCAQD is proposing to revise Rule 510 to update the list of air quality standards that are applicable within Maricopa County. These changes will align rule 510 with the portions of A.A.C. R18-2-201 through 206 (Ambient Air Quality Standards) and 40 CFR 50 (National Primary and Secondary Ambient Air Quality Standards) that are applicable within Maricopa County. Motion was made by Ms. Halley for the recommendation to the Board of Supervisors to approve the proposed revisions to AQ-2017-010-Rule 510 (Air Quality Standards). Motion was seconded by Dr. Baldauff and the motion passed unanimously. AQ-2017-011-Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank): The MCAQD is proposing to revise Rule 204 to include provisions for the generation, certification, and utilization of emission reduction credits (ERCs) from nontraditional sources that use truck stop electrification, electric standby equipped transport refrigeration units, or electric onsite equipment to generate ERCs. The MCAQD is also proposing revisions to align the rule with the revisions made to the Arizona Emissions Bank rules by the ADEQ. Motion was made by Mr. Celley for the recommendation to the Board of Supervisors to approve the proposed revisions to AQ-2017-011-Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank) Motion was seconded by Ms. Halley and the motion passed unanimously. 6. Approval of the initiation of regulator change for Ordinance P-7 (Maricopa County Trip Reduction Ordinance) Mr. Gregory Verkamp Ms. Kimberly Butler AQ-2019-005-P7 (Maricopa County Trip Reduction Ordinance): The MCAQD is proposing to revise Ordinance P- 7 to reflect changes to the program since the last revision in 1997, including streamlining the information on equivalent emissions reduction (EER) measures and credits and incorporating six existing Substantive Policy Statements (SPS) into the ordinance. The revisions will also reduce redundant language that already exists in state statute and restructure the ordinance for consistency with MCAQD’s other adopted ordinances. Motion was made by Mr. Cassano for approval of the initiation of regulator change for Ordinance P-7 (Maricopa County Trip Reduction Ordinance) Motion was seconded by Ms. Halley and the motion passed unanimously. 89 Discussion Items: 1. Public Health Report Marcy Flanagan, Max Porter & Dr. Rebecca Sunenshine I. Human Resources II. Communication III. Infrastructure IV. Strategic Planning V. Programs VI. Disease Update VII. Future Topics Marcy Flanagan gave the Director Updates. Hepatitis A Update Outbreak Summary Maricopa County Hepatitis A Update through 10/28/19 324 Confirmed cases 1 Case Pending Investigation 4 Cases in last week 275 (85%) Cases with risk factors (Risk factors include homelessness or unstable housing, illicit substance use or incarceration in the last year. 48 (15%) Cases with no known risk factors 271 (84%) Hospitalizations 4 (1%) Deaths 15,934 Vaccines administered 21-94 (39) Age range (median) 7/13/18-10/10/19 Illness onset range 90 Hepatitis A Outbreak Response Highlights • Over 500 volunteers have been incorporated into this response including licensed healthcare workers Vaccination in jails: • Every inmate who is able to consent is offered vaccine at intake 24/7 since August 2019 • Entirely staffed by temporary employees • Over 10,000 vaccinated in the jail system • % previously vaccinated in the jails has risen from 17% in June to 30% in October Vaccination at community events: • Currently focusing on Medical Assisted Treatment facilities (CMS, Terros, Mercy Care) • Partnering with Maricopa County Adult Probation Vaccination in the field: • Partnered with Police, Fire and Parks in City of Phoenix, Tempe, Chandler and Scottsdale • Working to focus on West Phoenix, Glendale and Southwest where recent cases have been identified Note: The outbreak will be considered over when we confirm an average of 1 case per week for 8 weeks (two average incubation periods) Mumps Outbreak Summary • 7 cases of mumps (3 confirmed and 4 probable) have been identified since August 2019 • We typically have 0-11 cases (average 5.6) per year • Age range 17-53 years; Median 42 years; Mean 37 years • Symptom onset dates from 8/9/19 – 10/3/19 • There is no link or commonality that connects all/ most cases meaning community spread is likely • We are offering a 3rd dose of mumps vaccine to household members of cases, which is supported by CDC School Vaccination Rates and Immunization Education Module Pilot Results We expect to get the most recent school immunization rates in mid-November. We plan to have a preliminary analysis of participating Maricopa County schools comparing immunization rates this year to last year by the end of the calendar year. Overdose Data to Action Grant • MCDPH has been awarded a $2.5 million grant to address substance use in the county. • The goals are to enhance substance use surveillance and use the information to implement and improve prevention programs. • Activities will be split between the Office of Epi and Program Operations / Office of Healthcare Innovations • A total of 20 new positions will be created as part of this grant (7 in the Office of Epidemiology; 2 Prescription Drug Monitoring Program Epidemiologists at the Board of Pharmacy; and 11 positions in the MCDPH Office of Healthcare Innovations. • This grant is separate from the grant dollars awarded to ADHS for opioids 91 ANNOUNCEMENTS AND CURRENT EVENTS • Next meeting is January 27, 2020 ADJOURNMENT: There being no further business, motion to adjourn the meeting was made by Ms. Halley, seconded by Mr. Cassano and motion was passed unanimously. The meeting was adjourned at 4:15PM. 92 Travel Reduction and Outreach Division Phone: 602.506.6010 Email: AQMail@Maricopa.gov Maricopa.gov/AQ CleanAirMakeMore.com MARICOPA COUNTY TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE Teleconference Meeting (all participants joined via GoToMeeting) Jerry Geering, Chairman September 15, 2020 MEMBERS PRESENT ABSENT Annie Foster Chelsie Hockersmith Jean Woltjer Jerry Geering Kim Passante* Sheila Johnson Terry Solis Tina Wesoloskie *Left meeting early STAFF / VISITORS PRESENT Kristen Weston-Smith, Morgan Wohlbrandt, Joel Fowler – Maricopa County TRP Peter Muthig – Deputy County Attorney Abigail Cooksey-Williams – Valley Metro Amanda Luecker – Arizona Department of Environmental Quality Andres Martin, Courtney Medina, Gregory Verkamp, Kimberly Butler, Laura Jardieanu, Nancy Johnson – Maricopa County Katie Dykes, Leah Kostelny - HonorHealth Al Hunt, Ananya Sudhir, Carrie Roberts, Chuck Elmore, Courtney Hayden, Debbie Moore, Emma Henry, Jason Crampton, JC Porter, Kristin Zipprich, Lora El-Sheikh, Patrick Dennis, Sarah Fitzgerald Call to Order Jerry Geering called the meeting to order at 9:37 a.m. (quorum present). Meeting Minutes Kim Passante motioned to approve the August 11, 2020 minutes and Chelsie Hockersmith seconded. Annie Foster, Sheila Johnson, and Terry Solis voted aye and the motion passed. Plans Offered with ‘Disapprove’ Recommendation Western Window Systems – Kristen Weston-Smith said the submitted plan has a budget cut from the previous plan year and other corrections are necessary. She also said TRP staff has continued to try to reach the TC since the end of March with no response. Kim Passante motioned to accept staff’s disapproval recommendation and give the employer 14 days to submit a revised plan. Chelsie Hockersmith seconded. Annie Foster, Sheila Johnson, and Terry Solis voted aye and the motion passed. Zillow Group, Inc. – Kristen Weston-Smith said the submitted plan includes a large budget that is spent on a transit program and needs revision, but when the plan reviewer contacted the employer regarding plan revisions, an employee stated Zillow Group, Inc. should be removed from TRP due to their large number of teleworkers. Kristen shared she responded with what would be needed for a variance or removal of an employer from TRP and no response has been received. Terry Solis Return to list of attachments 93 motioned to accept staff’s reject recommendation and give the employer 14 days to submit a revised plan. Sheila Johnson seconded. Annie Foster, Chelsie Hockersmith, and Kim Passante voted aye and the motion passed. Consent Agenda Kim Passante questioned the budget amounts listed for Phoenix VA Healthcare System and Kristen Weston-Smith confirmed the amounts and provided clarification. Kim Passante motioned to approve all plans on the consent agenda and Annie Foster seconded. Chelsie Hockersmith, Sheila Johnson, and Terry Solis voted aye and the motion passed. Discussion / Action Recommendation to the Board of Supervisors to approve the proposed revisions to AQ-2019-005- Ordinance P-7 (Trip Reduction Ordinance) – Jerry Geering stated Ordinance P-7 has undergone revisions and is nearing final approval, including Task Force approval. Kim Passante clarified that the name of the ordinance will be the Travel Reduction Ordinance instead of Trip Reduction Ordinance and Kimberly Butler confirmed this would be updated when the revisions are fully adopted. Terry Solis made a motion to recommend to the Board of Supervisors to approve the proposed revisions to AQ-2019-005-Ordinance P-7 (Trip Reduction Ordinance). Kim Passante seconded. Annie Foster, Chelsie Hockersmith, and Sheila Johnson voted aye and the motion passed. HonorHealth Variance Request – Katie Dykes explained many employees have been furloughed or are working from home and other employees are hospital workers with a high case load due to COVID-19, therefore HonorHealth is requesting a variance from surveying in October 2020 and instead surveying in May 2021. Jerry Geering stated October would be a good time to survey to capture the data and lower SOV rates since HonorHealth has a high number of teleworking employees and asked for TRP staff opninions. Kristen Weston-Smith said TRP staff supported the HonorHealth variance request if the employer was able to provide documentation showing the full names of all telecommuting employees. She also explained the employer will continue to follow their previously approved travel reduction plan measures. Terry Solis made a motion to grant a variance to HonorHealth to allow them to not survey in 2020 and instead resume surveying in May 2021 contingent on receiving the requested telecommuting documentation within 10 business days. Sheila Johnson seconded. Annie Foster, Chelsie Hockersmith, and Kim Passante voted aye and the motion passed. 180 Day TRP Staff Variance – Kristen Weston-Smith stated the previous extensions of the TRP COVID-19 variance has resulted in approximately 600 employers surveying in October so TRP staff is requesting a variance to allow staff 180 days to review plans instead of the 90 day time limit. Jerry Geering questioned the legality of this action and Peter Muthig confirmed this would be allowable in light of current cirumstances. Kristen Weston-Smith and Jerry Geering also clarified employer submission timelines and that the variance would only be for plan review deadlines and would not affect survey processing times. Annie Foster motioned to grant TRP staff 180 days to conduct plan approval activity. Terry Solis seconded. Chelsie Hockersmith and Sheila Johnson voted aye and the motion passed. Valley Metro Abigail Cooksey-Williams reviewed the update. Call to Public None. 94 Updates from Chairman and Other Members Tina Wesoloskie shared she is excited for the update to the P-7. Jerry Geering commented on the low number of additional variance requests with the impending end of the TRP variance. Adjournment Terry Solis motioned to adjourn the meeting and Sheila Johnson seconded. Annie Foster and Chelsie Hockersmith voted aye and the motion passed (10:27 a.m.). The next meeting will be Tuesday, October 13, 2020. 95 Copies of all Written and Electronic Stakeholder Input Return to list of attachments Comment #1 96 From: Michael.Denby@aps.com <Michael.Denby@aps.com> Sent: Tuesday, October 22, 2019 1:49 PM To: Kimberly Butler (AQD) <Kimberly.Butler@Maricopa.gov> Subject: TRP rules Kim, we have some concerns about the TRP rules. 1) TRP use of EV chargers as a compliance tool. I mentioned this issue during the stakeholder meeting, but I did not articulate it well, because I had a feeling there was a conflict, but I was not certain what it was. After having done some research here is the issue as I see it. I am worried that the new TRP rules, which include an option for folks to use EV charging stations as a tool to meet the TRP requirements, may be unknowingly restricting future non-traditional offset options by including them in the TRP. Here’s the thinking: A. County rule 204 defines “Surplus” as: “A reduction in qualifying emissions not otherwise required by a federally applicable requirement and not relied upon in the State Implementation Plan.” part 221 B. ADEQ defines “Surplus” as: “Surplus” means a reduction in qualifying emissions is not otherwise required by an applicable requirement and not relied upon in the state implementation plan.” R18-2-1201 (pretty much the same). C. Our concerns is that the definitions of both ADEQ and County include “relied upon in the SIP” as part of the definition of surplus. If the SIP relies upon the TRP program, which it does, it would concern me that anything within the TRP program would no longer be surplus. Therefore, if the TRP plan utilizes EV charging stations as a way to comply with TRP does that mean that the emissions reduced by the EV chargers are no longer surplus? Even if no one utilizes the EV charging option to comply with TRP, merely having it in the TRP could be read as removing it from “surplus.” I appreciate what the TRP plan is trying to do by adding the charging station option, and I completely support the concept, except that it conflicts with future potential offset options. I don’t see a strong enough value in having it within the TRP to risk limiting our future offset opportunities. If you’d like to have a meeting with us or discuss with ADEQ, please let me know, so we can verify which is the correct way to proceed. 2) Also, I noticed that the TRP proposes removing of hydrogen as an alternative fuel (definition 2, Section 2). Not sure why they wanted to remove that at this junction. Hydrogen has become a significant “tool” in the decarbonization toolbox and that will help us with ozone as well. Nikola is putting in a hydrogen powered semi manufacturing facility in Casa Grande and planning on building hydrogen refueling stations throughout Arizona. In other words, please leave hydrogen in as an alternative fuel. If you’d like to discuss further, please let me know. Thanks, Mike Michael Denby Senior Policy Advisor Corporate Environmental Arizona Public Service Co. 400 N. 5th Street Phoenix, AZ 85004 Comment #2 97 Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule* AQ-2019-005 Ordinance P-7 Trip Reduction Program Department -- Select One -- I would like to * Express opposition First Name* Allison Last Name* Gilbreath Organization Arizona Manufacturers Council City* Phoenix Zip 85050 Email* agilbreath@azchamber.com Phone Number* 4808237512 Phone Type Mobile Work Home Would you like someone to contact you? Yes No Print Citizen Comments - Submission #181832 Date Submitted: 12/3/2019 Comment #3 98 Comments The Arizona Manufacturers Council (AMC) has long been a proponent of addressing Arizona’s air quality issues. Our organization has been a willing and an engaged partner in efforts to ensure Arizona counties are in compliance with all applicable federal air quality standards wherever practical and possible, especially in Maricopa County. The AMC is proud of our partnership with the Maricopa County Air Quality Department (MCAQD) in addressing air quality issues through our ongoing participation in community outreach campaigns, as well as working collaboratively on important air-related legislation and regulatory issues. Our members have consistently been at the table with MCAQD and the Arizona Department of Environmental Quality working on reasonable and practicable solutions to improve Maricopa County’s air quality. However, the AMC does not support unrealistic and unmanageable policy changes such as that which MCAQD proposes in its revisions to Ordinance P-7 (Maricopa County Trip Reduction Ordinance). We appreciate the purpose in which this proposed revision is intended to achieve. However, it does not give consideration to the many mitigating circumstances which will make this proposal an unattainable regulatory mandate which will negatively impact Arizona manufacturers. Specifically, the AMC opposes the proposed language in 3.a and 3.b of Ordinance P-7 that states: a. Maintain a rate of SOV trips or rate of SOVMT for employees of not more than 60%, or b. Attain target reductions in SOV trips or SOVMT. The first-year target will be a 10% reduction from the baseline established for the rate of SOVMT. The second through fifth year target will be a 10% reduction from the target of the previous year; targets following the fifth year will be a five percent reduction from the target of the previous year, Arizona manufacturers have long embraced emissions-reducing activities such as telecommuting and flexible working arrangements. However, this proposed revision as drafted is not practicable. This is the situation due to the geographically diverse workforce of many of our manufacturers in the county whom encounter their unique circumstances in traveling to and from the workplace. To possibly place even more restrictions on such a workforce is neither fair nor reasonable and as mentioned will be unmanageable at best and possibly result in a reduction in qualified workforce at many of our manufacturers and industries here in Maricopa where these same companies already struggle to hire capable and qualified personnel. The AMC strongly urges the Maricopa County Air Quality Department to strike the proposed changes to 3.a and 3.b of Ordinance P-7. Instead, we would encourage the department to continue to work in a collaborative and cooperative fashion with job creators to design a travel reduction program strategy that is realistic and will have actual results in improved air quality. We look forward to our continued partnership with MCAQD in developing commonsense measures that will be more effective in achieving emission reductions. If applicable, attach supporting documentation associated with your comment. No file selected Choose File 99 Return to Comment #4 in Draft Notice of final Ordinance Making Return to Comment #4 in Executive Summary Comment #4 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 From: Gregory Verkamp (AQD) To: Laura Jardieanu (AQD); Kristen Weston-Smith (AQD); Tina Wesoloskie (AQD) Subject: FW: Online Form Submittal: Citizen Comments Date: Friday, December 13, 2019 8:29:27 AM Attachments: AQ-2019-005-P7-Notice-of-Stakeholder-Workshop-2019-12-04-PDF_CityofTempeComments.pdf FYI- comments on P-7 from the City of Tempe. Greg Verkamp • Planning Supervisor Maricopa County Air Quality Department Desk: 602-506-7141 | CleanAirMakeMore.com Burn Cleaner, Burn Better. On No Burn Days, Don’t Burn Wood. From: Michelle Mada (AQD) <Michelle.Mada@Maricopa.gov> Sent: Friday, December 13, 2019 8:13 AM To: Kimberly Butler (AQD) <Kimberly.Butler@Maricopa.gov> Cc: Gregory Verkamp (AQD) <Gregory.Verkamp@Maricopa.gov> Subject: FW: Online Form Submittal: Citizen Comments From: noreply@civicplus.com <noreply@civicplus.com> Sent: Thursday, December 12, 2019 2:23 PM To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov>; Andy Linton (COA) <Andy.Linton@Maricopa.Gov>; Bill Leal (FCD) <Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero (AQD) <Blanca.Caballero@Maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule AQ-2019-005 Ordinance P-7 Trip Reduction Program Department Air Quality I would like to Other First Name Vanessa Last Name Spartan Comment #5 155 Organization City of Tempe City Tempe Zip 85281 Email vanessa_spartan@tempe.gov Phone Number 480-350-2897 Phone Type Work Would you like someone to contact you? No Comments See attached. Comments also listed below: - The difference in the definitions between Transportation Coordinator v. Lead Transportation Coordinator are not clear. Is LTC replacing Highest Ranking Official? Site TC needs a definition. - The survey statistical penalty needs to be described. - "Incentive or Swag Items" should be changed to just "Swag Items". There are many Incentives that probably shouldn't be removed based solely on performance (e.g. transit passes). How will you determine if these items are attributable to performance? - Peak Commute Trip Reductions. Do you mean to say on or after 4pm? Ending at 5pm wouldn't be considered the peak? If applicable, attach supporting documentation associated with your comment. AQ-2019-005-P7-Notice-of-Stakeholder-Workshop-2019-12-04- PDF_CityofTempeComments.pdf Email not displaying correctly? View it in your browser. 156 Maricopa County Air Quality Department Phone: 602.506.6010 Fax: 602.506.6985 Maricopa.gov/AQ CleanAirMakeMore.com 3800 North Central Avenue | Suite 1400 | Phoenix, Arizona 85012 MARICOPA COUNTY AIR QUALITY DEPARTMENT NOTICE OF STAKEHOLDER WORKSHOP Date and Time: Wednesday, December 4, 2019, 1:00 p.m. Location: 3800 N. Central Avenue, Phoenix, Arizona 85012 Floor 17 Conference Room 1 The Maricopa County Air Quality Department (MCAQD) will host a second Stakeholder Workshop to obtain input regarding proposed revisions to Ordinance P-7 (Maricopa County Trip Reduction Ordinance). The proposed revisions will update and clarify the ordinance by removing excess language in the Equivalent Emissions Reductions (EER) credits section, identifying new technologies for the implementation of the Travel Reduction Program (TRP) by both program staff and employers, and by incorporating six (6) existing Substantive Policy Statements (SPS) into the ordinance. In addition, the ordinance will be restructured for consistency with MCAQD’s other adopted ordinances. The draft ordinance is attached to this announcement. Written comments regarding the draft ordinance may be submitted through the Maricopa County Enhanced Regulatory Outreach Program (EROP) website at: www.maricopa.gov/FormCenter/Regulatory-Outreach-17/Citizen-Comments-94. Comments received prior to December 13, 2019 will be considered before the next version of the draft ordinance is posted to the EROP website. If you would like to remotely attend this workshop, please follow these instructions: Stakeholder Workshop – Ordinance P-7 (Maricopa County Trip Reduction Ordinance) Wednesday, December 4, 2019 1:00 PM You can join the meeting from your computer, tablet or smartphone. KWWSV JOREDOJRWRPHHWLQJFRPMRLQ You can also dial in using your phone. United States: +1 (312) 757-3121 Access Code: 456-529-013 New to GoToMeeting? Get the app now and be ready when your first meeting starts: KWWSV JOREDOJRWRPHHWLQJFRPLQVWDOO Background: The MCAQD first adopted Ordinance P-7 on November 24, 1992 to reduce traffic impacts on air pollution and emissions within Maricopa County by requiring major employers and schools to develop, implement, and maintain a travel reduction program, as specified in Arizona Revised Statutes (A.R.S.) § 49-581, et. Seq. To date, the ordinance has been revised twice - on May 26, 1994 and July 23, 1997. The MCAQD is proposing to revise Ordinance P-7 to update the definitions section, remove sections which repeat language from A.R.S. § 49-581, et. Seq. as well as EER calculation information from the ordinance to improve clarity and incorporate six (6) Substantive Policy Statements (SPSs) related to the TRP into the ordinance. Attachment for Comment #5 157 3800 North Central Ave | Suite 1400 | Phoenix, Arizona 85012 Maricopa County Air Quality Department Notice of Stakeholder Workshop Date: Wednesday, December 4, 2019 Page 2 of 2 The MCAQD held the first stakeholder workshop for Ordinance P-7 on September 26, 2019. Since the first stakeholder workshop, the MCAQD has received written comments from two stakeholders as well as feedback from internal staff and has made further revisions to the draft ordinance based on this feedback. In general, revisions made to Ordinance P-7 since the September workshop include: • Restructuring the contents of the ordinance into the following sections: o Section 1 – General o Section 2 – Definitions o Section 3 – Requirements o Section 4 – Enforcement o Section 5 – Exemptions and Variances • Section 1 (General): Adding an Applicability provision to delineate the applicability threshholds of the ordinance as 50 or more employees/students within Area A and 100 or more employees/students for areas outside of Area A. Removing the word “major” from “employer” after this section for brevity. • Section 2 (Definitions): Adding 2 definitions, revising 5 definitions, and removing 18 definitions. • Section 3 (Requirements): - Clarifying language was added to the travel reduction measures subsection to explain when additional measures would be required for each plan. Examples of measures have been removed from this section and will be included in the TRP Handbook going forward. - Revised language on EER requirements to better differentiate EERs within the TRP from Emission Reduction Credits in Rule 204. A passenger vehicle requirement was also added to the Electric Vehicle Charging Station Credit subsection to further clarify the intent of this provision. - Revised survey response rate language. Next Steps: Following the Stakeholder Workshop, the MCAQD anticipates preparing a notice of proposed rulemaking to be posted to the EROP website. The MCAQD will continue to follow the EROP Policy and workflow. MCAQD will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. Requests for language interpretation services or for disability accommodations must be made at least 48 hours in advance by contacting: (602) 506-6443. MCAQD tomará medidas razonables para proveer acceso a los servicios del departamento para personas con capacidad limitada para hablar, escribir o entender Inglés y / o para las personas con discapacidad. Las solicitudes de servicios de interpretación del lenguaje o de alojamiento de discapacidad deben hacerse por lo menos 48 horas de antelación poniéndose en contacto con: (602) 506-6443. 158 P7-1 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 MARICOPA COUNTY TRIP REDUCTION ORDINANCE AIR POLLUTION CONTROL REGULATIONS ORDINANCE NO. P-7 TRAVEL REDUCTION PROGRAM INDEX Adopted as Amended by Board of Supervisors July 23, 1997 SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS A. ACCEPTABLE INCENTIVES Adjustment Factor B. ALTERNATIVE FUEL Alternative Fuel Vehicle (Dedicated) Alternative Fuel Vehicle (Dual-Fuel) Alternative Fuel Vehicle (Flexible-Fuel) C. ALTERNATIVE MODE D. ALTERNATIVE MODE USER (AMU) E. APPROVABLE Trip TRAVEL REDUCTION PLAN Area Source Arizona Emissions Standards F. BOARD G. CARPOOL Certified Vehicle Clean Air Act Clean Off-Road Mobile Equipment Clean On-Road Vehicle H. COMMUTE TRIP I. COMMUTER MATCHING SERVICE Compressed Work Week J. COUNTY 159 P7-2 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 K. DEVICE L. DOCUMENTATION M. ELECTRIC VEHICLE (EV) N. ELECTRIC VEHICLE CHARGING STATION (EVCS) O. EMISSIONS P. EMPLOYEE Q. EQUIVALENT EMISSION REDUCTION (EER) CREDIT R. EQUIVALENT EMISSIONS REDUCTION (EER) MEASURE Equivalent Emissions Reduction Target Federal Clean Fuel Fleet Vehicle (CFFV) Standards S. FIELD WORKER (FW) T. FUEL ADDITIVE Handheld Equipment U. HIGH-POLLUTING VEHICLE V. INCENTIVE W. LEAD TRANSPORTATION COORDINATOR (LTC) X. MAIN SITE Y. MAJOR EMPLOYER (EMPLOYER) Z. MARICOPA COUNTY TRAVEL REDUCTION PROGRAM (TRP) AA. MODE BB. MOTOR VEHICLE CC. NOTICE OF VIOLATION (NOV) Off-Road Engine DD. OFF-ROAD MOBILE EQUIPMENT EE. ORDER OF ABATEMENT BY CONSENT (OAC) FF. PLAN YEAR Political Subdivision GG. PROGRAM YEAR HH. PROMOTION Quantifiable II. RATE OF SINGLE-OCCUPANCY VEHICLE MILES TRAVELED Real 160 P7-3 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 JJ. REDUCED EMISSIONS VEHICLE (REV) KK. REDUCED EMISSIONS VEHICLE (REV) CREDIT LL. REDUCED EMISSIONS VEHICLE (REV) FACTOR Reduced Emissions Vehicle Standards Remaining Useful Life MM. REMOTE SENSING NN. REQUEST FOR DOCUMENTATION (RFD) OO. Ridesharing RIDESHARE PP. SCHOOL QQ. SINGLE-OCCUPANCY VEHICLE (SOV) RR. SINGLE OCCUPANT VEHICLE MILES TRAVELED (SOVMT) SS. STAFF Staggered Work Schedule TT. STATISTICAL PENALTY UU. STUDENT Substantially Lower Emitting Vehicle Surplus VV. SURVEY WW. SURVEY DATA RESULTS XX. SWAG Telecommuting YY. TRADE-OUT ZZ. TRANSIT AAA. TRANSPORTATION COORDINATOR (TC) BBB. Trip TRAVEL REDUCTION MEASURE CCC. TRAVEL REDUCTION PLAN (PLAN) DDD. TRIP TRAVEL REDUCTION PROGRAM EEE. TRAVEL REDUCTION REGIONAL TASK FORCE (TASK FORCE) FFF. UNACCEPTABLE INCENTIVE Utility Engine Utility Equipment GGG. VANPOOL 161 P7-4 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Vehicle Occupancy Voluntary Participant HHH. WORK-RELATED TRIP III. WORK SITE SECTION 3 – REQUIREMENTS REGIONAL TRIP REDUCTION TASK FORCE COMPOSITION A. POINT OF CONTACT FOR EMPLOYERS B. ANNUAL SURVEY C. TRAVEL REDUCTION PLAN A. REDUCED EMISSIONS VEHICLE CREDIT B. EQUIVALENT EMISSIONS REDUCTION CREDIT SECTION 12 SECTION 4 – ENFORCEMENT DUTIES AND POWERS OF THE TASK FORCE A. REQUEST FOR INFORMATION AND DOCUMENTS B. TASK FORCE REVIEW C. ENFORCEMENT ACTION SECTION 10 B. D. CIVIL PENALTIES SECTION 11 E. APPEALS SECTION 5 – EXEMPTIONS AND VARIANCES STAFF DUTIES SECTION 9 A. VARIANCES SECTION 10 B. EXEMPTIONS A. PRODUCTION OF RECORDS AND OTHER INFORMATION SECTION 6 VOLUNTARY PARTICIPATION SECTION 7 REQUIREMENTS OF MAJOR EMPLOYERS AND SCHOOLS SECTION 8 SECTION 13 APPENDIX A 162 P7-5 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 ADOPTED November 24, 1992 AMENDED July 23, 1997 Adopted 11/24/1992; Revised 05/26/1994; Revised 07/23/1997; Revised XX/XX/XXXX MARICOPA COUNTY ORDINANCE AIR POLLUTION CONTROL REGULATIONS ORDINANCE NO. P-7 MARICOPA COUNTY ORDINANCE NO. 7 TRIP TRAVEL REDUCTION PROGRAM SECTION 1 – GENERAL A. PURPOSE: Pursuant to A.R.S. § 49-581, et. Seq., the purpose of this ordinance is to reduce traffic impacts on air pollution and emissions within the County by requiring major employers and schools to develop, implement, and maintain a Trip Reduction Program travel reduction program. B. APPLICABILITY: This ordinance applies to the following: 1. Any employer and/or school located in Area A within Maricopa County with 50 or more employees and/or students working at or reporting to a single work or school site. 2. Any employer and/or school located outside of Area A within Maricopa County with 100 or more employees and/or students working at or reporting to a single work or school site. SECTION 2 – DEFINITIONS For the purpose of this ordinance, the following definitions shall apply: In this ordinance, unless the context otherwise requires: A. ACCEPTABLE INCENTIVES: A suitable incentive that promotes change in employees’ or students’ behavior to participate in the employer’s or school’s travel reduction program. Adjustment Factor means a factor of .5 applied to a commute trip or commute mile for the purpose of calculating equivalent emissions reduction credit for reducing peak commute trips and work-related trips. B. ALTERNATIVE FUEL: means liquefied Liquefied petroleum gas, natural gas, hydrogen, solar energy, electricity, a blend of hydrogen with liquefied petroleum or natural gas and alcohol fuels that contain not less than eighty-five percent 85% alcohol by volume (E-85). Alternative Fuel Vehicle (Dedicated) means any motor vehicle engineered and designed to operate only on alternative fuel. &RPPHQWHG>/-@ Global change: “Trip” is now “Travel” when referring to the county’s program (including the title for P-7) &RPPHQWHG>/-@ Applicability section has been added for consistency with other MCAQD ordinances. Clarification on applicability thresholds has been added to re-iterate the statutory requirements of A.R.S. § 49-581, et Seq. &RPPHQWHG>/-@ Definition from SPS-2018-002 – Acceptable Incentive Items &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Global change: “means” will be removed from all definitions &RPPHQWHG>/-@ Removing definition because term is not used in ordinance 163 P7-6 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Alternative Fuel Vehicle (Dual-Fuel) means any motor vehicle engineered and designed to operate on either petroleum-based or alternative fuel, but not a mixture. Alternative Fuel Vehicle (Flexible-Fuel) means any motor vehicle engineered and designed to operate on a varying mixture of petroleum-based fuel and alternative fuel. C. ALTERNATIVE MODE: means any Any mode of commute transportation other than the single-occupancy vehicle. D. ALTERNATIVE MODE USER (AMU): A commuter who uses an alternative mode of transportation to travel to work or school. E. APPROVABLE Trip TRAVEL REDUCTION PLAN: means a A plan meeting the requirements of Section 7 3. Area Source means a any minor source, as defined by A.R.S. §49.401.01(15), that is not a major source, as defined by A.R.S. §49-401.01(13). Such sources may include: dry cleaners, printers, auto body shops, service stations, construction sites, architectural coatings, fireplaces, and consumer solvents. Arizona Emissions Standards means the set of motor vehicle emissions standards in Table 18, pursuant to A.R.S. §49-542. F. BOARD: means the The Maricopa County board Board of supervisors Supervisors. G. CARPOOL: means two Two to four persons commuting in a motor vehicle to or from work or school. Certified Vehicle means any motor vehicle that has met all criteria identified in Section 8, subsection B(1)(C) 9(c) and 9(f) for an alternative fuel vehicle, or Section 8, subsection B(1)(D) for a motor vehicle with a device. Clean Air Act means the Clean Air Act of 1963, (P.L. 88-206); 42 United States Code section 7401 through 7671 as amended by the Clean Air Act amendments of 1990 (P.L. 101-549). Clean Off-Road Mobile Equipment means off -road equipment and vehicles powered by off-road or utility engines that meet the emissions standards in Appendix A. Clean On-Road Vehicle means a reduced emissions vehicle. H. COMMUTE TRIP: means a A trip taken by an employee to or from a work site located within the County, or by a student to or from a school site located within the County. I. COMMUTER MATCHING SERVICE: means a A system, whether it uses computer or manual methods, which that assists in matching employees and/or students for the purpose of sharing rides to reduce commuter travel. &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/- @ Definition from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers, SPS-2018-003 – Survey Response Rate Policy, and SPS-2018-002 – Acceptable Incentive Items &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is not needed because this term is being defined within the ordinance (used only once) &RPPHQWHG>/-@ Definition is no longer needed – all references changed to Reduced Emissions Vehicle (REV) within the ordinance 164 P7-7 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Compressed Work Week means any work schedule that eliminates at least one commute trip to a work site or school site in each two-week period. J. COUNTY: means Maricopa County. K. DEVICE: means any Any component or equipment that is designed to be installed in or on a motor vehicle as an addition to, as a replacement for, or through alteration or modification of, any original component or device. Any fuel conversion configuration, or conversion kit is a device. L. DOCUMENTATION: Copies of promotions, receipts, registration forms/lists, reports or other information an employer must supply to support the approval/implementation of a plan or annual survey. M. ELECTRIC VEHICLE (EV): Any plug-in electric vehicle, including electric cars, neighborhood electric vehicles (NEV), plug-in hybrids (PHEV) and electric motorcycles. A type of vehicle used to transport a person from home to their work-site. N. ELECTRIC VEHICLE CHARGING STATION (EVCS): An element in an infrastructure that supplies electric energy for the recharging of the electric vehicles. Types of stations include but are not limited to, the Combined Charging Station, CHAdeMO and Tesla Supercharger. O. EMISSIONS: means the The release of pollutants or pollutants released into the ambient air. P. EMPLOYEE: means an employee A person who works at, or reports to, a single work site within the County during any time period of a twenty-four 24-hour day, at least three days per week, during any six months of the year. Q. EQUIVALENT EMISSION REDUCTION (EER) CREDIT: means the The credit applied to the rates of single-occupancy vehicle trips and/or miles traveled when an emissions reduction, other than a reduction in the number of single-occupancy vehicle trips or vehicle miles traveled, is achieved. R. EQUIVALENT EMISSIONS REDUCTION (EER) MEASURE: means a A procedure or process implemented to reduce emissions other than those from commute trips and commute miles. Such measured measures are identified in Section 8 3, subsection B (C). Equivalent Emissions Reduction Target means the target rates of single-occupancy vehicle trips and miles traveled converted to pounds of emissions so that credit may be applied when equivalent emissions reduction measures are implemented. Federal Clean Fuel Fleet Vehicle (CFFV) Standards means the standards to which low emissions vehicles are certified pursuant to 40 CFR Part 88. &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers and SPS-2018-003 – Survey Response Rate Policy &RPPHQWHG>/-@ Definition from SPS-2018-006 – Electric Vehicle Charging Station Credit &RPPHQWHG>/- @ Definition from SPS-2018-006 – Electric Vehicle Charging Station Credit &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance 165 P7-8 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 S. FIELD WORKER (FW): A field-based employee that regularly commutes/reports to other sites in and around Maricopa County instead of the main work site that the employee is primarily assigned to. T. FUEL ADDITIVE: means any Any substance designed to be combined with gasoline for the purpose of increasing fuel efficiency and reducing emissions of motor vehicles, or off- road mobile equipment. , or area sources. Handheld Equipment means utility equipment that the operator is required to fully support its weight for the equipment to properly perform its design function. U. HIGH-POLLUTING VEHICLE: means a A vehicle that fails the state State of Arizona’s vehicle emissions inspection test. V. INCENTIVE: An item that motivates or encourages employees/students to participate in their employer’s or school’s travel reduction program. W. LEAD TRANSPORTATION COORDINATOR (LTC): A person that is identified by the employer as being authorized to approve and oversee the funding/implementation of that employer’s plan. X. MAIN SITE: A site designated by the Transportation Coordinator and Travel Reduction Program staff that has a combination of office and field workers, also referred to as the primary site. An employer may have more than one main site. Y. MAJOR EMPLOYER (EMPLOYER): means a A sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, public or private, who employs 50 or more employees working at, or reporting to, a single work site., subject to the applicability provisions in Section 1(B). Z. MARICOPA COUNTY TRAVEL REDUCTION PROGRAM (TRP): The Travel Reduction Program mandated by A.R.S. §49-581 that is administered by Maricopa County staff. AA. MODE: means the A type of conveyance transportation used for commute trips, including single-occupancy motor vehicles, rideshare vehicles, transit, bicycle, and walking. BB. MOTOR VEHICLE: means any Any self-propelled vehicle including a car, van, bus, motorcycle, golf carts and all other motorized vehicles. including golf carts. CC. NOTICE OF VIOLATION (NOV): Written notification that outlines deficiencies and provides a deadline to correct before the matter is sent to the Task Force for enforcement consideration. Off-Road Engine means a heavy-duty diesel engine with a diesel cycle engine greater than 175 horsepower designed to power equipment such as that used in agriculture, construction, &RPPHQWHG>/-@ Definition from SPS-2018-004 – Surveying Field Workers &RPPHQWHG>/-@ Removing definition because term is not used in ordinance &RPPHQWHG>/-@ Definition from SPS-2018-002 – Acceptable Incentive Items &RPPHQWHG>/-@ Definition of Highest Ranking Local Official (HRLO) from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers and SPS-2018-003 – Survey Response Rate Policy Term is being changed from Highest Ranking Local Official (HRLO) to Lead Transportation Coordinator (LTC) &RPPHQWHG>/-@ Definition from SPS-2018-006 – Electric Vehicle Charging Station Credit and SPS-2018-004 – Surveying Field Workers &RPPHQWHG>/-@ Definition added for clarification purposes &RPPHQWHG>/-@ Definition from SPS-2018-003 – Survey Response Rate Policy &RPPHQWHG>/- @ Removing definition because term is not used in ordinance A LEAD TRANSPORTATION COORDINATOR (LTC): 1 166 Summary of Comments on AQ-2019-005-P7-Notice-of- Stakeholder-Workshop-2019-12-04- PDF_CityofTempeComments.pdf Page: 10 Number: 1 Author: Vanesssp Subject: Highlight Date: 12/12/2019 2:18:20 PM The difference in the definitions between Transportation Coordinator v. Lead Transportation Coordinator are not clear. Is LTC replacing Highest Ranking Official? 167 P7-9 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 forestry, industrial, and mining industries. DD. OFF-ROAD MOBILE EQUIPMENT: means equipment Equipment and vehicles not licensed for on-road use, that are designed to operate during transport and emit or generate emissions while in motion or at rest. Such equipment and/or vehicle is powered by a utility or off-road engine and includes equipment such as: tractors, backhoes, excavators, dozers, portable generators and compressors, lawn mowers, edgers, trimmers, blowers, vacuums, tillers, shredders, grinders, chainsaws, riding mowers, and garden tractors. EE. ORDER OF ABATEMENT BY CONSENT (OAC): Agreement between an employer, Maricopa County Air Quality and the Task Force that includes a settlement penalty (payment) to resolve an enforcement action. FF. PLAN YEAR: The period of time from the date the original travel reduction plan was submitted until subsequent travel reduction plan submission. Political Subdivision means the County or an incorporated city or town within the County. GG. PROGRAM YEAR: The period of time from survey start date to the next scheduled survey start date. HH. PROMOTION: Information provided to employees about measures, qualifications, dates, specifications, and screenshots of online stores (if applicable). Quantifiable means the ability to estimate in terms of amount and characteristics. II. RATE OF SINGLE-OCCUPANCY VEHICLE MILES TRAVELED: means the The number of single-occupancy vehicle commute trip miles traveled divided by the total number of vehicle commute trip miles traveled by all modes for that work site or school site. Real means actually occurring, implemented and not artificially devised. JJ. REDUCED EMISSIONS VEHICLE (REV): means a A motor vehicle, including a an clean on-road vehicle, that is certified by the Task Force as being substantially lower emitting in actual use than like vehicles generally purchased in the area and for trip travel reduction purposes, is counted as less than a single motor vehicle for commute and work-related trips. KK. REDUCED EMISSIONS VEHICLE CREDIT: means the The allowance given when a reduced emissions vehicle REV factor is applied to the rate of single-occupancy vehicle trips and/or single-occupancy vehicle miles traveled. LL. REDUCED EMISSIONS VEHICLE FACTOR: means the The factor applied to the rates of single-occupancy vehicle trips and miles pursuant to A.R.S. § 49-581, et. Seq. which will allow a reduced emissions vehicle REV to receive less than the full count than that of a regular single-occupancy vehicle trip or mile traveled. Reduced Emissions Vehicle Standards means the standards described in Section 8 for the &RPPHQWHG>/-@ Definition from SPS-2018-003 – Survey Response Rate Policy &RPPHQWHG>/-@ Definition from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition added for clarification purposes &RPPHQWHG>/-@ Definition from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Removing definition because term is not used in ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance 168 P7-10 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 purpose of applying reduced emissions vehicle factors and subsequent reduced emissions vehicle credit toward trip reduction goals. Remaining Useful Life means the estimated number of years remaining until an existing piece of equipment is removed from service. MM. REMOTE SENSING: means the The use of an emissions monitoring device to detect, measure, and record emissions from motor vehicles. NN. REQUEST FOR DOCUMENTATION (RFD): A form issued to an employer that outlines documentation that was not initially available, but is required to complete the audit. OO. Ridesharing RIDESHARE: means transportation Transportation of more than one person for commute purposes, in a motor vehicle, with or without the assistance of a commuter matching service. PP. SCHOOL: means for For the purpose of this ordinance, any school district, community college, trade school, university, or other educational institution having 50 or more employees or students working at, or reporting to, a single school site., subject to the applicability provisions in Section 1(B). QQ. SINGLE-OCCUPANCY VEHICLE (SOV): means a A motor vehicle occupied by one employee or student for commute purposes, including motorcycles. A drive-alone commuter. RR. SINGLE OCCUPANT VEHICLE MILES TRAVELED (SOVMT): The number of miles traveled by an SOV from commute trips. SS. STAFF: means the County TRP employees (support, supervisory and management) staff that are assigned to administer the program and support the Task Force. Staggered Work Schedule means a work schedule that begins before the hour of 6:00 a.m. or after the hour of 10:00 a.m. TT. STATISTICAL PENALTY: An arithmetical factor applied to the SOV and SOVMT rates for sites that do not meet the required response rate. All non-respondents for a site are recorded as an SOV commuter when calculating the analysis. UU. STUDENT: means a A driving-aged student person commuting to a single school site within the County at least three days per week. Substantially Lower Emitting Vehicle means any motor vehicle or group of motor vehicles demonstrating a carbon monoxide emissions level of twenty percent or more below the average carbon monoxide emissions of a like motor vehicle generally purchased in the area, as determined by the most recent EPA mobile monitoring model, and having the emissions standards identified in Table 1. &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/- @ Definition from SPS-2018-003 – Survey Response Rate Policy &RPPHQWHG>/-@ Term changed from “Ridesharing” to “Rideshare” to align with the way it’s used in the ordinance &RPPHQWHG>/-@ Added for clarification purposes &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition from SPS-2018-003 – Survey Response Rate Policy &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance 1 169 Page: 12 Number: 1 Author: Vanesssp Subject: Sticky Note Date: 12/12/2019 2:17:39 PM Site Transportation Coordinator is not defined 170 P7-11 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Surplus means in excess of that required by law, rule, ordinance or permit. VV. SURVEY: TRP commuter questionnaire administered to employees and driving-age students. WW. SURVEY DATA RESULTS: means a A summary provided by staff, of the information from a major employer’s or school’s annual survey. XX. SWAG: Any type of company paraphernalia or promotional items, including but not limited to, hats, shirts, coffee mugs, water bottles, pens, etc. with or without company logo on the item, given by an employer to its employees or students, and intended as an incentive for the employees/students to participate in their employer’s or school’s travel reduction program. Telecommuting means eliminating commute trips and/or vehicle miles traveled by allowing employees to work at home, or a location close to home. YY. TRADE-OUT: means to To permanently remove from use, or to retire, a high-polluting vehicle. ZZ. TRANSIT: means a A public transportation system including bus and light rail. of other public conveyance system. AAA. TRANSPORTATION COORDINATOR (TC): means a person Person designated by a major employer or school to serve as the lead person in developing and implementing a Trip Travel Reduction Program. BBB. Trip TRAVEL REDUCTION MEASURE: means an An incentive or disincentive, intended to reduce the rate of single-occupancy SOV trips, or the rate of single-occupancy vehicle miles SOVMT traveled. ; such as: a) A commuter matching service to facilitate ridesharing for commute trips; b) Providing of vans for vanpooling; c) Subsidies for carpooling or vanpooling including payment for fuel, insurance, or parking; d) Use of company vehicles for carpooling; e) Provision for preferential parking for carpool or vanpool users which may include close-in parking or covered parking facilities; f) Cooperation with other transportation providers to provide additional regular or express service buses to the work site or school site; g) Subsidized bus fares; h) Construction of special loading and unloading facilities for transit, carpool, or vanpool users; i) Cooperation with a political subdivision to construct walkways, or bicycle routes to the work site or school site; j) Provision of bicycle racks, lockers, and showers for employees who walk or bicycle to school; k) Establishment of a telecommuting program for employees; l) Establishment of a program of adjusted work hours which may include compressed work weeks or staggered work hours. Work hour adjustments should not interfere with or discourage the use of ridesharing and transit; m) Establishment of a program of parking incentives such as a rebate for employees or students who do not use the parking facility; n) Incentives to encourage employees to live closer to work or students to live closer to school; o) Provision of day care facilities; p) Emergency transportation services; q) Joining a Transportation Management Association; r) Incentives to encourage the use of certified &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition from SPS-2018-003 – Survey Response Rate Policy &RPPHQWHG>/-@ Definition from SPS-2018-002 – Acceptable Incentive Items &RPPHQWHG>/-@ Definition is being removed because dictionary definition can be used and term is only used once (as “Telecommuter”) &RPPHQWHG>/- @ Definition modified for streamlining purposes. These examples will become part of the TRP Handbook. TRANSPORTATION COORDINATOR (TC): m : 1 171 Page: 13 Number: 1 Author: Vanesssp Subject: Highlight Date: 12/12/2019 2:18:17 PM The difference in the definitions between Transportation Coordinator v. Lead Transportation Coordinator are not clear. Is LTC replacing Highest Ranking Official? 172 P7-12 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 vehicles for commute trips or work-related trips; s) Establishment of a trip reduction committee to define new strategies and assist with the implementation of measures; t) Replace gasoline powered motor vehicles with electric golf-type carts or bicycles for traveling at the work site; and u) Modify procedures to enable employees who normally commute for the sole purpose of picking up a company vehicle, to bring those vehicles home at the end of the work day to eliminate the commute trip. CCC. TRAVEL REDUCTION PLAN (PLAN): means A written report describing travel reduction measures and/or equivalent emission reduction EER measures that a major employer or school intends to implement. DDD. Trip TRAVEL REDUCTION PROGRAM: means A program that develops, implements and maintains a travel reduction plan by an employer or school that includes returning the employer report for the annual survey; administering and returning the annual survey; developing, submitting, promoting and implementing a travel reduction plan; and maintaining documentation/records. EEE. TRAVEL REDUCTION REGIONAL TASK FORCE (TASK FORCE): means the The Trip Travel Reduction Regional Task Force, designated by the Board as the responsible agency to implement and enforce this ordinance, and established in the Maricopa County by Title 49, Chapter 3, Article 8., Arizona Revised Statutes. A.R.S. § 49-581, et. Seq. FFF. UNACCEPTABLE INCENTIVE: An item or incentive that does not promote a change in an employee’s or student’s behavior or encourage participation in the employer’s or school’s travel reduction program. Utility Engine means an engine rated under 25 horsepower and designed to power equipment such as: lawn and garden, turf, and general landscaping. Utility Equipment means handheld or non-handheld off-road mobile equipment powered by a utility engine. GGG. VANPOOL: means more Five or more than four persons commuting in a motor vehicle to or from work or school. Vehicle Occupancy means the number of occupants in a motor vehicle including the driver. Voluntary Participant means an employer or school that is not included in the definition of a major employer or school and chooses to participate in the Trip Reduction Program. HHH. WORK-RELATED TRIP: means any Any non-commute trip that originates and ends at a work site. III. WORK SITE: means a A building and any group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights- or of -way and which are owned or occupied by the same major employer or school. &RPPHQWHG>/-@ Definition from SPS-2018-002 – Acceptable Incentive Items &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance &RPPHQWHG>/-@ Removing definition because term is not used in ordinance &RPPHQWHG>/-@ Definition is no longer needed because all references to this term are proposed to be removed from the ordinance 173 P7-13 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 SECTION 3 TRIP REDUCTION REGIONAL TASK FORCE COMPOSITION A) A Trip Reduction Regional Task Force is established in a County with a population of one million two hundred thousand or more persons for the purpose of this ordinance under Title 49, Section 582. The Regional Public Transportation Authority, established under Title 28, Chapter 20, and the regional planning agency for the County, shall provide assistance to the Task Force. The Task Force shall nominate a chair for the Task Force who is then officially appointed by the Board. The Board shall appoint the Trip Reduction Program director to supervise the staff and to be assistant chair of the Task Force. The director is not a voting member. B) The Board shall appoint members of the Task Force in an equitable manner. Task Force members shall be appointed to serve two-year terms, and membership shall be staggered so that no more than two-thirds of the appointed members’ terms expire on January 31, of any year. The Board shall determine the method of selection and appointment of Task Force members, as provided by law, ordinance or the guidelines established by Title 49, Chapter 3, Article 8., Arizona Revised Statutes. C) The Task Force members shall be appointed to represent interests affected by the Trip Reduction Program. Candidates for membership must be residents of the County and shall be selected from major employers and/or schools, a member or manager of a transportation management association, an owner or manager of a business park, industrial park, office building, shopping center or other concentration of commercial interests, a public interest group established to address transportation or air quality issues or political subdivisions within the County. SECTION 7 SECTION 3 REQUIREMENTS OF MAJOR EMPLOYERS AND SCHOOLS A major employer or school with 50 or more persons who are employees or students shall: A) A. POINT OF CONTACT FOR EMPLOYERS: An employer or school must designate a Transportation Coordinator (TC) and a Lead Transportation Coordinator (LTC). An employer or school with multiple sites may also designate a Site TC. 1. Transportation Coordinator (TC) a. TCs will be responsible for: (1) Gathering and maintaining all documentation as described in A.R.S. § 49-581, et. Seq., and this ordinance. Records must be made available to the TRP upon request and without delay during normal business hours. (2) Completing the “Intro to TRP” training within 90 days of designation. b. The TC must be a regular benefitted employee or an external contractor of the employer or school, preferably from the Human Resources (HR), Facilities or Transportation department. (1) Temporary employees, interns and/or regular contract employees will not be considered regular benefitted employees. &RPPHQWHG>/-@ Removing Section 3 (Trip Reduction Regional Task Force Composition) from ordinance to reduce redundancy with A.R.S. § 49-582 &RPPHQWHG>/-@ New provisions of Section 3(A) came from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers POINT OF CONTACT FOR EMPLOYERS: 1 174 Page: 15 Number: 1 Author: Vanesssp Subject: Highlight Date: 12/12/2019 2:18:11 PM The difference in the definitions between Transportation Coordinator v. Lead Transportation Coordinator are not clear. Is LTC replacing Highest Ranking Official? 175 P7-14 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 (2) If the employer hires an external contractor to manage the employer’s or school’s travel reduction program, they must also have a designated Site TC as described in Subsection A.(4 (Site TC)) of this section. Documentation may be requested that verifies the external contractor’s designation as a TC. (3) Telecommuters and field workers that do not report to the work site at least three days per week should not be considered for a TC position. (4) An out-of-state TC must designate a Site TC as described in Subsection A.(4 (Site TC)) of this section. 2. Lead Transportation Coordinator (LTC): a. The LTC must be located within Maricopa County. For employers or schools with multiple work sites, the LTC must be a person who has the ability to make decisions on behalf of the department financially supporting the travel reduction program or who is able to speak on behalf of all locations b. The LTC shall not serve as both the LTC and the TC, unless the following criteria are met: (1) If the TC position is vacated for any reason, the LTC may act as the temporary TC, for no longer than 90 days, while a replacement is being designated. (2) If the LTC serves as TC, the LTC must provide an alternate local contact person within Maricopa County. (3) In the absence of a TC, the LTC is responsible for securing and maintaining funding and overseeing the implementation of the organization’s travel reduction program. 3. General criteria for both TC and LTC: a. Must have daily access to a computer and email. b. Must have daily access to a telephone. c. Must have the authority to make decisions on behalf of the employer regarding the travel reduction program. d. Any exceptions to the above criteria must be approved by the TRP Supervisor. 4. Site TC: a. Shall represent and assist the TC at their respective work site to disseminate travel reduction program information, surveys, incentives and other travel reduction program related issues. b. During an annual audit, shall have access to all documentation regarding TRP and be able to assist the TC when the TC is unavailable. c. Shall complete the “Intro to TRP” training within 90 days of designation. B. ANNUAL SURVEY 176 P7-15 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 1. Survey Requirements: Conduct and submit to the Task Force, on an annual basis, a survey for each work site as directed by the Task Force. A An major employer employer’s or school’s annual survey shall be reviewed by staff to determine if the requirements set forth by the Task Force have been met. If any survey is not approved by the Task Force, the major employer or school shall submit additional data as required by the Task Force within ten working days of notice of disapproval. A An major employer employer’s or school’s rate of single-occupancy vehicle SOV trips and rate of single-occupancy vehicle miles traveled SOVMT will be determined from the survey for each work site. The results of the initial survey shall form a baseline against which attainment of future targets identified in subsection b Section B.3 (Survey Results) of this section, shall be measured. 1) a. The baseline for participation in alternative modes of transportation shall be based on the proportion of employees or students commuting by single-occupancy vehicles SOVs. This proportion shall be identified as the rate of single-occupancy vehicle SOV trips. 2) b. The baseline for vehicle miles traveled shall be the number of single-occupancy vehicle SOV commute miles traveled divided by the total number of commute miles traveled by all modes to a work site. This proportion shall be identified as the rate of single-occupancy vehicle miles traveled SOVMT. 2. Survey Response Rate a. Employers and schools shall obtain a 60% survey response rate. b. All survey related training and outreach materials provided to an employer and school will encourage 100% participation in the survey process, as well as, communicate the 60% minimum survey response rate and penalty that will be applied if an employer or school fails to achieve a 60% response rate for employee sites. c. Requests to conduct a resurvey (to avoid the statistical penalty) will be reviewed on a case-by-case basis by the program supervisor, e.g. TC is on emergency leave, new TC is assigned in the middle of the survey process, surveys are misplaced or similar circumstance. d. If an employer has any site, or any one of its sites, that does not return 60% of surveys two times within a five-year period, the employer will be invited to the next Task Force meeting. The requirement to have a 60% response rate is not site specific for an employer. If an employer has any one site that is below 60% one year, and a different site below 60% the following year, staff will recommend enforcement action be taken by the County Attorney. B) 3. Survey Results: Implement all trip travel reduction and/or equivalent emissions reduction EER measures approved by the Task Force to: 1) a. maintain Maintain a rate of single-occupancy vehicle SOV trips or rate of single- occupancy vehicle miles traveled SOVMT for employees of not more than sixty percent 60%, or &RPPHQWHG>/-@ New provisions of Section 3(B)(3) came from SPS-2018-003 – Survey Response Rate Policy ( p y) (to avoid the statistical penalty) w 1 177 Page: 17 Number: 1 Author: Vanesssp Subject: Highlight Date: 12/12/2019 2:18:49 PM The survey statistical penalty needs to be described. 178 P7-16 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 2) b. attain Attain target reductions in single-occupancy vehicle SOV trips or single- occupancy vehicle miles traveled SOVMT. The first-year target will be a ten percent 10% reduction from the baseline established for the rate of single-occupancy vehicle miles traveled SOVMT. The second through fifth year target will be a ten percent 10% reduction from the target of the previous year; targets following the fifth year will be a five percent reduction from the target of this the previous year, or. 3) attain the equivalent emissions reduction target for the rate of single-occupancy vehicle trips or single-occupancy vehicle miles traveled. 4. Field Workers (FW) a. An employer or school that is requesting not to survey employees that are categorized as a FW will need to conduct their annual survey process as they normally would for all other employees at the primary work site and also provide detailed data on FWs. b. In order for an employer or school not to survey any FWs, the TC must provide documentation stating which position(s) they are claiming as FWs. (1) The documentation must include a short description for each employee of why the employer categorizes this employee as a FW, including what the FWs job title is, how often they report into the primary work site, and a short description of the FW’s job duties. (2) The TC will be required to provide this documentation for the first two years that they are requesting an exemption to survey, along with their annual employer report at the beginning of their survey cycle. After the first two years, if commuting patterns for these FWs (positions) do not change, the employer is exempt from having to survey and report documentation in future annual survey cycles. The additional data are to assist the plan’s reviewer when conducting audits to ensure measures can be properly implemented. c. If the identifying of FWs for an employer decreases the total employee count below 50, the employer will become exempt from having to participate in the TRP. If the reduced employee number is greater than 40 employees but less than 50 employees, TRP staff will follow up with the employer the next annual survey cycle to confirm that the employer still has FWs and their total number is less than 50 employees for that site. d. The TRP staff will process all surveys from the employer just as they normally would process them for any site. There will be no credit given for trips or miles not taken, when results from the survey data results are calculated for each site. C. TRAVEL REDUCTION PLAN 1. Documentation Criteria for Plan a. Travel Reduction Plan Implementation (1) Employers and schools must implement and begin documenting the travel reduction plan within 30 days from the submission date. Monitoring of plan &RPPHQWHG>/-@ New provisions of Section 3(B)(4) came from SPS-2018-004 – Surveying Field Workers &RPPHQWHG>/- @ New provisions of Section 3(C)(1) came from SPS-2019-003 – Point of Contact and Documentation Criteria for Employers 179 P7-17 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 implementation will be conducted by TRP staff within the plan year. (2) Employers and schools must keep three plan years of documentation. (3) All travel reduction plan measures must be paid by the employer or school according to the frequency chosen on the travel reduction plan. (4) Incentive disbursements must be provided to employees within 30 days. (5) The TRP Supervisor has the discretion to determine the required documentation for special case issues. 2. Plan Development and Implementation Employers and Schools shall: C) a. Develop an approvable trip travel reduction plan designed to meet target reductions for all work sites and submit to the Task Force within five weeks after receiving survey data results. A An major employer employer’s or school’s plan shall be reviewed by staff to determine if the requirements of the Task Force have been met. A An major employer or school shall be notified of the approval or disapproval of the plan within ninety 90 days. If any plan is not approved by the Task Force, the major employer of or school shall modify and resubmit the plan within ten working days of notice of disapproval. An approvable trip travel reduction plan shall include: 1) (1) The name and signature of the designated Transportation Coordinator TC. 2) A description of information programs, trip reduction measures and/or equivalent emissions reduction measures that were completed in the previous year. 5) (2) Name, address, telephone number, and signature of the Chief Executive Officer or the highest ranking official LTC responsible for implementing the plan. 3) (3) A description of program information programs, trip travel reduction measures and/or equivalent emissions reduction EER measures that will be implemented in the current year. 4) (4) A description of a mechanism for regular distribution of alternative mode transportation information. a) (5) For major employers or schools who do not meet a reduction goal in the second program year, the plan shall contain at least two measures and shall contain at least four measures if a reduction goal is not met in any program year thereafter. After any subsequent program year in which the reduction goal is not met, the Task Force shall review the travel reduction program of any employer or school and may recommend additional measures. Measures shall be consistent with the work site, location, and/or survey data results. 1) A pay for parking program. 2) Preferential parking for carpools/vanpools. 3) A telecommuting program for employees that seeks to achieve a target reduction. &RPPHQWHG>/-@ These 11 example measures will be included and expanded upon in the TRP Handbook 180 P7-18 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 4) A compressed work week program that seeks to achieve a target reduction. 5) Subsidized vanpool. The cost to employee or student shall be comparable to other alternate modes such as transit or carpooling. 6) Subsidy program where 50% or more of the commute trip cost is reimbursed by the major employer of school when an alternative mode is used. 7) Guaranteed ride home program. 8) Program to recruit and reward new alternate mode users and those employees or students who move closer to the work site. 9) Prize drawings which encourage alternate mode participation. 10) On-site day care facility added after June 1, 1994. 11) Shower and locker facilities constructed or renovated after June 1, 1994, for bicyclists and walkers. b) After the second year, the Task Force shall review the Trip Reduction Program of any major employer or school who does not meet a target reduction goal and may recommend additional measures. (6) A total plan budget, in which the median expense per person and SOV/MT rates calculated for each industry type will be the benchmark used during the plan review process. A.R.S. §49-583 references the ability of the Task Force to consider unique circumstances and costs when reviewing an organization’s proposed travel reduction plan. 6) (7) Such other information as may be required by the Task Force. D) b. Implement a trip travel reduction plan approved by the Task Force. E) c. Provide each employee and student with information on alternative mode options, equivalent emissions reduction EER measures and trip travel reduction measures. This information shall also be provided to new employees at the time of hiring and to new students at the time of enrollment. F) d. Designate a Transportation Coordinator TC responsible for implementing the major employer’s or school’s Trip Reduction Program travel reduction program and serving as the liaison to the Task Force. G) e. Provide the major employer’s or school’s name, addresses for all its work sites in the County, and the name and address of a person who works for the major employer or school and can provide information as required by the Task Force within 60 days of opening for business or hiring, relocating or otherwise adding employees or students so as to become subject to this Ordinance ordinance. H) f. Notify their employees and students of the duty to comply with the requirements of Arizona Revised Statute A.R.S. § 49-581, et Seq. 542 when 100 or more employees or students report to a single work site. &RPPHQWHG>/-@ New provision added to clarify plan budget expense requirements related to industry benchmark standards 181 P7-19 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 I) g. Keep all records necessary to prove compliance with and verify implementation of an approved trip travel reduction plan. J) h. A major employer or school who becomes subject to the requirements of this ordinance as a result of a corporate merger or consolidation may request that the predecessor corporation’s program year status or approved plan be adopted and incorporated into its own plan by submitting a written request, along with a plan addendum, to the Task Force. 1) (1) A request for adoption of a predecessor’s corporation program year status or plan shall include the following information: a) (a) the The effective date of the Articles of Merger or Consolidation, as filed with the Arizona Corporation Commission. b) (b) Documentation or affidavit from corporation’s human resources officer or other qualified officer showing that the percentage of employees from the Predecessor Corporation retained by the merged or Consolidation corporation is at least 51%. c) (c) description Description of operations of both the predecessor corporation and the merged or consolidated corporations. d) (d) The number of employees remaining from the predecessor corporation. e) (e) A listing of work sites in the County. 2) (2) An employer who becomes subject to this ordinance as a result of a merger or consolidation and who does not meet the conditions for adoption of the previous major employer’s plan or its program year status must establish new baseline rates for single-occupancy vehicle SOV trips and single-occupancy vehicle traveled SOVMT. 3. Incentive or Swag Items a. Special circumstances may arise for employers and schools proposing incentives or swag every plan year. It will be up to the TRP auditor’s discretion whether to allow an incentive or swag to be a measure on an employer’s plan. Issues that an auditor may consider in deciding whether to approve usage of particular incentives or swag include, but are not limited to: (1) Single occupant vehicle/miles traveled rates: If the first year of using an incentive or swag measure does not lower SOV rates, these will not be allowed in the following year. (2) Case-by-case: Items can/may vary for each industry. b. All incentive and swag items may be defined under the following acceptable and unacceptable incentives: 4. Acceptable Incentive or Swag Items a. Compensated meals when the meal is not provided as a term of the employee’s benefits of employment. The meal must be fully compensated, as modified by this &RPPHQWHG>/-@ New provisions of Section 3(C)(3- 5) came from SPS-2018-002 – Acceptable Incentive Items Incentive or S 1 182 Page: 21 Number: 1 Author: Vanesssp Subject: Highlight Date: 12/12/2019 2:19:30 PM P7-19: "Incentive or Swag Items" should be changed to just "Swag Items". There are many Incentives that probably shouldn't be removed based solely on performance (e.g. transit passes). How will you determine if these items are attributable to performance? 183 P7-20 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 subsection. b. Points to an online company store when a large variety of items are available for the employee’s choosing. c. Alternative mode services that include maintenance to the method of usage. d. Uniform items that are not provided as a term of an employee’s employment and which the employee would otherwise be required to purchase on their own. There must be a variety of items for the employee to choose from. e. Gift cards or certificates for the employer’s goods or services should allow the employee to choose from all goods and services and not just a small selection of items. f. Gift cards or certificates for restaurants/retail/services other than the employer’s should allow the employee to choose from all goods and services and not just a small selection of items. g. All incentives and swag must have itemized documentation to provide proof of value and date. Documentation may include, but is not limited to: purchase orders, invoices, and compensated meal receipts from employer used point of sale systems. h. Employers and schools shall allow TRP staff access to websites for online company stores to verify that requirements are met. 5. Unacceptable Incentive or Swag Items a. Compensated or discounted meals when the meal is provided as a term of the employee’s benefits of employment. b. Company promotional items or swag, with or without company logos, which are given to potential customers, that are also available to employees or used as giveaways. This includes, but is not limited to hats, shirts, water bottles, computer bags, lunch boxes, coffee mugs, pens, lanyards, etc. c. Job related items with or without company logos that are provided to all employees. This includes, but is not limited to, spiral notebooks, pens, pencils, post-it style note pads, calendars, day planners, shirts, hats, pants, shoes, etc. d. Valley Metro (VM) promotional items or rideshare program prizes purchased by or donated to VM. Valley Metro sponsored prizes are intended to supplement employer-funded incentives. Since these items are prizes given away when AMUs register for a drawing on VM’s web site, these items cannot be credited to the employer. These items should not be considered a measure item on the employer’s travel reduction plan. 6. Electric Vehicle Charging Station (EVCS) Credit a. Requesting Credit for Electric Vehicle Charging Stations (1) An organization that requests credit on their travel reduction plan is required to track and log data and expenses for the EVCS’s located on the employer’s property. Credit will apply to the company’s plan, even if the EVCS is not at the &RPPHQWHG>/-@ New provisions of Section 3(C)(6) came from SPS-2018-006 – Electric Vehicle Charging Station Credit 184 P7-21 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 main site. Stations for which organizations are requesting credit must be located in the Maricopa County area for any one of an employer’s sites that participate in the TRP. (2) Credit will only be given for EVCSs used to power passenger vehicles. (3) Credit will be given in dollar amounts on an employer’s plan, as indicated on the travel reduction plan template. (4) Credit will not be given to employers or employees for privately owned EVCS that are not located on an employer’s premises. (5) Credit will not be given to employers or employees for charges that an employee may receive as a subsidy from their employer or be reimbursed when using an EVCS at their private residence, another commercial business, or from a test facility. (6) Organizations that already have an EVCS on-site can have their costs ‘grandfathered’ into their current plan. As a one-time credit, past installation and set-up costs may be credited but at a reduced amount (i.e., if an EVCS was installed five years prior to the request for credit, the employer will be allowed one-fifth of the initial cost of the station and any associated costs). The EVCS must be in operating condition and currently in use to receive the ‘grandfathered’ credit. (7) Fill out the total amount of dollars spent for each EVCS and for any individual equipment that may have been bought at the initial purchase. b. Authorized Credit (1) Some items may be a one-time/initial credit or may be taken each plan year. This must be indicated on the spreadsheet, made available by TRP staff. (2) Items authorized for credit/cost are as follows, but are not limited to: (a) Charging station (b) Initial installation fee for charging station(s) (c) Activation charge(s) (d) Monthly electric charges incurred for charging employees’ vehicles (e) Service warranty, also known as network service plan or extended warranty (f) Service maintenance (g) Signage cost(s) for parking spots for EVCS c. Submitting for Credit (1) The TC must submit the following information when the annual plan is submitted to the TRP office: (a) Location of EVCS(s) &RPPHQWHG>/-@ Clarification added in response to stakeholder comment 185 P7-22 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 (b) Date when station was put into service (c) Name/type of EVCS (d) Model and serial number of stations (e) Warranty information – duration, cost per year (2) Fill out the total number of the dollars spent on each EVCS and associated equipment for the current plan year. This will be the monthly out-lay for each piece of equipment. d. The TRP staff will process the plan request and the TC (employer) is responsible for documentation that will be checked at the annual audit conducted by TRP staff. SECTION 8 7. Equivalent Emissions Reduction (EER) Measures A) a. Major employers Employers and schools may receive credit toward meeting the requirements of Section 3 their SOV and/or SOVMT rate(s) by implementing equivalent emissions reduction (EER) measures in conjunction with, or independent of, trip travel reduction measures. Implementation of EER measures seek to achieve the equivalent emissions reduction target (EERT) for the rates of single-occupancy vehicle (SOV )trips and single-occupancy vehicle miles traveled (SOVMT). Credit calculations and related assumptions for the implementation of measures identified in this section are found in available from TRP staff. Section 13, Appendix A. 1) (1) To qualify for EER credit, the following criteria shall be demonstrated and submitted at the time of application: a) (a) Emissions reductions are a surplus not related to commute trips. b) (b) Emissions reductions are quantifiable can be substantiated. c) (c) Implementation of measure(s) is enforceable as part of the major employer’s or school’s plan. d) (d) The credit life of the emissions reduction shall be reasonably established and commensurate with the proposed use of the credit. Credit life is the estimated amount of time over which the emissions reduction benefit is expected to be maintained. Earned credit, unless otherwise stated in this ordinance, is valid from the date of application approval with the limit that no more than one-third of the earned credit may be used within one year from the date of approval and not more than two-thirds of the earned credit used within two years from the date of approval. Earned credit is available to a an major employer or school for up to seven (7) years. (e) A completed application form that includes, but is not limited to: (i) Documentation reflecting commute trips and miles (ii) Purchase receipts for any devices, warranties or installation of devices (iii) The name of a device and its manufacturer (iv) Lease or warranty agreements 186 P7-23 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 2) (2) A An major employer or school may choose whether the earned credit be applied to the rate of SOV or the rate of SOVMT, unless otherwise stated in this ordinance. Credit shall not be transferable. 3) (3) Rates of SOV and SOVMT shall be converted to pounds of emissions in order to determine the credit amount given. Conversion calculations for EER measures, excluding clean on-road vehicles and reduced emissions vehicles REVs, are available from TRP staff. found in Table 3. Calculations: (4) Earned credit shall be applied to the SOV and/or SOVMT rate(s) after application approval. a) convert the site’s rate of SOV trips to grams per year (gm/yr) by multiplying the number of SOV trips by the average emissions of 18.34 grams per mile (gm/mi); and b) convert the site’s rate of SOVMT to gm/yr by multiplying the number of SOV miles by 18.34 gm/mi; and c) determine the EERT for SOV trips by multiplying the total commute trips by the target reduction for SOV trips and 18.34 gm/mi; and d) determine the EERT for SOVMT by multiplying the total commute miles by the target reduction for SOVMT and18.34 gm. mi; and e) convert gr/yr to pounds per year (lbs/yrs) by dividing by 454. B) b. A An major employer or school shall receive EER credit when any of the following EER measures are implemented: 1) (1) Using REVs. Use clean on-road vehicle or a reduced emissions vehicle ( REV ). A clean on-road vehicle shall be a reduced emissions vehicle. Reduced emissions vehicle factors and reduced emissions vehicle credit (credit Credit ) may be applied toward a an major employer or school’s rates of single-occupancy vehicle SOV trips and miles traveled when a reduced emissions vehicle REV is used for commute trips or, work-related trips. a) Initial application for credit will be made when credit has not been previously awarded for that vehicle or group of vehicles. Continuing award of credit for years following initial application will require an application recertification to be made when the major employer or school submits the annual survey to the County. Credits are not transferable and shall not be awarded to any vehicle that exceeds eighty percent of the carbon monoxide standard established for the model year and vehicle classification of that vehicle. b) A major employer or school shall demonstrate to the Task Force that the vehicles or group of vehicles meets the standards identified on Appendix A, Table 1. The REV standards identified in Table 1 originate from the California Low Emissions Vehicle Standards, hereinafter referred to as the California LEV standards. For trip Reduction Program purposes, the carbon monoxide (CO) Standard of the California LEV standards has been reduced &RPPHQWHG>/-@ The provisions in (4)(a-e) are being removed for streamlining purposes and will instead be included in the TRP Handbook &RPPHQWHG>/-@ The provisions in (1)(a-f) are being removed for streamlining purposes and will instead be included in the TRP Handbook 187 P7-24 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 by twenty percent, while standards for oxides of nitrogen (NOX) and non- methane organic gases (NMOG) remain at their established levels for these standards. The California LEV standards are identified in grams per mile. c) For a major employer or school to receive certification of an alternative fuel vehicles as a reduced emissions vehicle and award of credit for that vehicle or group of vehicles, the major employer or school shall provide to the Task Force at the time of application: 1) A completed application form. 2) Evidence of the certification of that vehicle or group of vehicles to the California LEV standards or Federal Clean Fuel Fleet program standards by the motor vehicle manufacturer (for initial application only) 3) Current emissions test results for that vehicle or group of vehicles from and official state of Arizona vehicle emissions inspection station. 4) Documentation reflecting commute trips and miles for that vehicle or group of vehicles. 5) A copy of vehicle registration, lease agreement or 3rd party contract for that vehicle or group of vehicles. (For initial application only). 6) Alternative fuel purchase or distribution records substantiating a sixty percent overall use of alternative fuel for that vehicle or group of vehicles (for dual-fuel and flexible-fuel vehicles only). d) For a major employer or school to receive certification of a vehicle with a device as a reduced emissions vehicle and award of credit for that vehicle or group of vehicles, the employer or school shall provide to the Task Force at the time of application: 1) A completed application form. 2) Evidence of any one of the following: 1) certification of the device to California LEV standards or federal clean fuel fleet vehicle emissions standards on that vehicle or group of vehicle by a vehicle manufacturer; or 2) certification of the device to California LEV standards or Federal Clean Fuel Fleet vehicle emissions standards by the EPA; or 3) a certificate of compliance, issued by a Bureau of Automotive Repair Referee Smog Check Station in the state of California, specifying that the program of the EPA, pursuant to 40 CFR Part 610, relating the results of the federal test procedure when the device is added to that vehicle or group of vehicles. ( For initial application only.) 3) The name of the device and its manufacturer. (For initial application only.) 4) A clear statement from the device manufacturer as to whether the use of the device will void any existing vehicle warranty and what 188 P7-25 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 the responsibility of the device manufacturer will be under such circumstances. The State of Arizona shall have no responsibility as to the validity of such statement. (For initial application only) 5) A clear statement from the device manufacturer as to whether the use of the device will adversely affect onboard diagnostics and what the responsibility of the device manufacturer will be under such circumstances. The State of Arizona shall have no responsibility as to the validity of such statement. (For initial application only.) 6) Device purchase receipts. (For initial application only). 7) Proof of device installation, which may include receipts or signed statements from the repair shop mechanic. (For initial application only). 8) Current emissions test results for that vehicle or group of vehicles from an official State of Arizona vehicle inspection station. 9) Documentation reflecting commute trips and miles for that vehicle or group of vehicles. e) The Task Force shall certify an alternative fuel vehicle or a vehicle with a device as reduced emissions vehicle or group of vehicles, when the major employer or school demonstrates to the Task Force: 1) For an alternative fuel vehicle, the vehicle manufacturer has certified that vehicle or group of vehicles to California LEV standards or Federal Clean Fuel Fleet Vehicle emissions standards. 2) The vehicle or group of vehicles is substantially lower emitting. 3) A vehicle emissions inspection test was completed as require by Arizona Revised Statute 49-542 for that vehicle or group or vehicles. 4) The major employer or school is not receiving emissions credits for that vehicle which are being relied upon to comply with the requirements of Title I of the Clean Air Act. 5) For a vehicle with a device, sufficient evidence has been provided to demonstrate that the device has satisfied one of the criteria described in section 8-(B) (d) 2 of this ordinance. 6) For a vehicle with a device, the device does not void any existing vehicle warranty or adversely affect the onboard diagnostic system. f) Once a vehicle has been certified by the Task Force as being a reduced emissions vehicle, the Task Force shall instruct staff to apply a reduced emissions vehicle factor and credit (Appendix A, Table 2) 189 P7-26 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 to the rates of SOV and SOVMT. 2) (2) Peak Commute Trip Reductions. A An major employer or school may receive credit toward meeting a target when work schedules are adjusted to end on or after 4:00 p.m. during the period of November 1st to March 31st. a) Earned credit shall be applied to the EERT for SOV (Table 4) or the EERT for SOVMT (Table 5) and shall be calculated using the following: 1) Commute trips or commute miles. Commute trips shall be equal to the number of employees who adjusted their start time and/or end time. When actual commute mileage is not available, commute miles shall be the combined survey data results; and 2) Emissions average. For credit calculation purposes, this average shall be 18.34 gm/mi. This average is obtained from the Arizona Department of Environmental Quality (ADEQ) or the regional planning agency for the County; and 3) The number of workdays from November 1st to March 31st, and/or June 1st to September 30th, as appropriate. Saturdays, Sundays and holidays shall be workdays when an employer’s work week schedule includes weekends and holidays; and 4) An adjustment factor. Emissions rates of a commute trip or mile are higher than the emissions rates of a non-commute trip or mile. This difference is attributed to travel demand and vehicle speeds. An adjustment factor of .5 shall be applied to the number of commute trips or miles, causing trips or miles traveled to count as one-half (50%) of a regular commute trip or commute mile. When an adjustment factor is applied, that trip or mile is an “adjusted mile.” b) Earned credit shall be applied to the EERT for SOV or SOVMT after application approval. 3) (3) Other Work-related Trip Reductions. A An major employer or school may receive credit toward meeting a target when a change is made to reduce the number of work-related trips, and/or, work-related miles traveled. A reduction may be obtained by implementing procedures such as routing changes to the fleet and/or sales routes, vanpooling or carpooling to meetings and work sites, and providing on-site restaurants or other such services which reduce trips during a non-commute time, such as lunch. a) EER credit shall be applied to the EERT for SOV (Table 6 ) or EERT for SOVMT (Table 7). Credit shall be rewarded only when the number of work related trips and work-related miles are reduced. b) Earned credit shall be applied to the EERT for SOV or SOVMT after application approval. c) Credit shall not be awarded when the reduced work-related trips or miles are &RPPHQWHG>/-@ The provisions in (2)(a-b) are being removed for streamlining purposes and will instead be included in the TRP Handbook &RPPHQWHG>/-@ The provisions in (3)(a-d) are being removed for streamlining purposes and will instead be included in the TRP Handbook d on or after 4:00 p.m. d 1 190 Page: 28 Number: 1 Author: Vanesssp Subject: Highlight Date: 12/12/2019 2:20:05 PM Do you mean to say on or after 4pm? Ending at 5pm wouldn't be considered the peak? 191 P7-27 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 the result of leasing, selling or otherwise transferring those trips or miles to any other employer in this County, who is affected or unaffected by the requirements of this ordinance. d) EER credit shall be calculated using the following: 1) emissions average of 18.34 gm/mi; and 2) vehicle logs or other documentation to reflect reduced work- related trips and work-related traveled; and 3) an adjustment factor of .5 applied to the number of reduced work-related trips. No adjustment factor shall be applied to the number of reduced work-related miles. 4) (4) Voluntary Polluting Vehicle Trade-Out. A An major employer or school may receive credit toward meeting a target reduction by trading-out high-polluting vehicles and replacing that vehicle with a newer, less-polluting vehicle or an alternative mode. a) The major employer or school shall demonstrate at the time of application for credit that: 1) the traded-out vehicle is a high-polluting passenger car or light duty truck; and 2) there are no liens against the vehicle; and 3) the vehicle owner or operator is an employee; and 4) the owner is willing to trade-out the high polluting vehicle; and 5) the vehicle identification numbers, current vehicle registration and vehicle match; and 6) the vehicle has been titled by the State of Arizona and Motor Vehicle Department records reflect owner’s address within the County for at least 24 months prior to the date the vehicle is selected for trade- out; and 7) tests confirm the operability of the vehicle; and 8) the vehicle was not crushed; and 9) the replacement vehicle meets vehicle emissions standards in Table 18. b) Credit shall be calculated based upon the annual commute miles, the difference in emissions between the replacement vehicle (Table 8) and the emissions of the traded-out vehicle (Table 8 and Table 9), and the credit life of the reduction. Earned credit shall be applied to the EERT for SOVMT (Table 10), and when the replacement vehicle is an alternative mode, earned credit shall also be applied to rate of SOV. &RPPHQWHG>/- @ The provisions in (4)(a-b) are being removed for streamlining purposes and will instead be included in the TRP Handbook 192 P7-28 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 1) emissions level for a replacement vehicle shall be zero when an employee or student chooses to commute using public transit, a bicycle, and/or walking for a minimum of two (2) years, instead of purchasing, leasing, or operating another type of replacement motor vehicle. 2) Emissions level for a replacement vehicle which is a carpool or vanpool shall be determined by the number of a vehicle occupants and the average emissions of 18.34 gm/mi when an employee chooses to commute using one of these modes for a minimum of two (2) years, instead of purchasing, leasing, or operating another type of replacement motor vehicle. 3) Credit life of the emissions reduction shall not exceed two (2) years for trade-out of pre-1972 model-year vehicles and three (3) years for 1973 and later model-year vehicles. 4) Credit toward rate of SOV trips shall be calculated by the annual survey when an alternative mode is the replacement vehicle. 5) (5) Clean Off-Road Mobile Equipment. A An major employer or school may receive credit toward meeting a target when off-road mobile equipment is repowered, retrofitted, or permanently replaced with new, low or zero emitting equipment, or, when a an major employer is a seller low zero emitting. Earned credit shall be applied toward the EERT for SOV and/or SOVMT rate(s). a) The following criteria shall be demonstrated at the time of application: 1) Owner of the repowered, retrofitted, or permanently replaced equipment is a major employer, employee or a student and is willing to participate; and 2) For the previous 24 months, the repowered, retrofitted, or permanently replaced equipment was used for its purpose of design within the County; and 3) Major employers who are sellers of retrofit kits or low or zero emitting off-road mobile equipment or engines provide incentives to buyers to encourage and increase the number of retrofits, repowers and/or purchases of low or zero-emitting equipment. Incentives include, but are not limited to: pricing commensurate to that of equipment educational programs, advertisements or sponsorships to increase awareness; and 4) Off-road mobile equipment shall be permanently replaced by scrapping, relocating or selling the equipment outside of the County. A) Relocated or sold equipment shall not be brought back or sold back into the County. B) Proof of scraping, replacement or sale shall include the owner’s name and address; the purchaser’s or scrapper’s name and address; purchase, sale relocation effective date; equipment type; &RPPHQWHG>/-@ The provisions in (5)(a-b) are being removed for streamlining purposes and will instead be included in the TRP Handbook 193 P7-29 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 manufacturer; and engine model number. C) Permanently replaced off-road mobile equipment shall be rendered permanently inoperable by drilling a hole through the engine block. Alternative, equally effective procedures shall be allowed, as approved by the Task Force. 5) replacement utility equipment shall meet emissions standards in Table 11 or 12, as applicable ; and 6) other off-road mobile equipment, excluding utility equipment, that is repowered shall meet standards for emissions Table 16. 7) Other off-road mobile equipment, excluding utility equipment, that is retrofitted shall meet standards for emissions in Table 16 and standards for opacity in Table 17. Opacity is the amount of smoke emitted by the equipment. b) Credit shall be calculated and earned credit applied to the EERT for SOV trips or EERT for SOVMT. Earned credit is available for up to seven (70 years for sellers of low – or zero emitting equipment and up to five (5) years for buyers of low – or zero emitting equipment. 1) For utility equipment, calculations shall be based upon the hours of operation, the difference in emissions between the permanently replaced equipment and the replacement equipment, and the credit life of the emissions reduction. Credit shall be awarded when the replacement equipment’s emissions meet the standards for year 1999 and later in Table 11 or 12, or when the replacement significantly precedes the recommended replacement or maintenance suggested by the original equipment manufacturer or operator. Credit shall not be awarded when the replacement of equipment is a result of any mechanical or warranty problem, or from reduced performance capability of the equipment. A) For major employers, employees, or students who are buyers of low – or zero -emitting utility equipment, credit life shall be the remaining useful life of the replaced or scrapped equipment (Table 15). B) For major employers, who are sellers of the low – or - zero – emitting utility equipment, credit life shall be the actual useful life of the replacement equipment. C) A technical adjustment factor (TAF) of 1.2 has been applied to the earned credits for replacing residential equipment (Table 13) to allow for the uncertainty associated with the annual hours of equipment operation. Earned credit for replacement equipment that meets the zero emissions standards shall not be subject to the TAF. 2) Credit for replacing, retrofitting, or repowering off-road equipment, other than utility equipment, shall be calculated based upon the load factor supported by actual fuel consumption data, maximum rated 194 P7-30 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 horsepower, annual hours of operation, emissions levels, and credit life of the emissions reduction. Credit shall be awarded when the repower, retrofit or replacement of the equipment meets the 2000 or 2001 standards in Table 16, as applicable, and/or when the replacement significantly precedes the recommended replacement or maintenance suggested by the original equipment manufacturer or operator. Credit shall not be awarded when the replacement of equipment is a result of any mechanical or warranty problem, or from reduced performance capability of the equipment. A) When the repower, retrofit or replacement exceed the maintenance recommended or required by the original equipment manufacturer for normal operation of equipment, the emissions shall emit at least 20 percent less than the equipment’s actual emissions level prior to the repower, retrofit or replacement. B) For repowers and retrofits, initial credit shall be calculated based upon the difference in emissions and the time period from installation of new low – or zero – emitting equipment to the approval of application for credit. For subsequent years, credit shall be based upon the actual operating hours for each preceding 12 month period. C) For permanent replacement, credit shall be calculated based upon the difference in emissions and the historical records of operating hours of the replaced equipment. D) Earned credit shall be used within two years of approval, with the limit up to 50 percent may be used in the first year. For equipment retrofitted with alternate fuel conversion kits, earned credit shall end when the useful life of the kit expires. 6) (6) Remote Sensing. A An major employer or school may receive credit toward meeting a target by obtaining remote sensing equipment and bringing it to the work site, where it is used as a screening tool to identify high-polluting emitting vehicles. Identification of such vehicle leads to subsequent vehicle maintenance being performed so that vehicle meets vehicle emissions standards. in Table 18. a) The following shall be demonstrated at the time of application for credit: 1) The vehicle is owned or operated by an employee or student who commutes to a work site, and the vehicle owner has provided permission for vehicle inclusion in this program; and 2) after identification by remote sensing, vehicle fails to pass the state of Arizona’s motor vehicle emissions inspection test; and 3) subsequent vehicle repairs are conducted so that vehicle &RPPHQWHG>/-@ The provisions in (6)(a-b) are being removed for streamlining purposes and will instead be included in the TRP Handbook 195 P7-31 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 meets emissions standards in Table 18. b) Credit shall be calculated and earned credit shall be applied to the EERT for SOVMT (Table 19) with the limit that credit shall be awarded when the same vehicle has received credit as a reduced emissions vehicle or s a trade-out vehicle, as described in this ordinance. Credit shall be calculated using the following: 1) emissions of vehicle prior to repair; and 2) emissions of vehicle after repair; and 3) commute miles; and 4) credit life. When a vehicle is subject to the vehicle emissions inspection program requirements of Arizona Revised Statute 49-542, earned credit shall be calculated based upon the time period from the date of completed vehicle repair to date of the next required emissions test. 7) (7) Emissions Reduction from Stationary sources Sources. A An major employer or school may receive credit toward meeting a target reduction through the installation of air pollution control technologies, process modifications, or equipment shutdowns. Earned credit shall be applied to the EERT for SOV and/or SOVMT rate(s). The following shall be demonstrated at the time of application for credit: a) replacement of equipment is not in conjunction with a replacement that was scheduled or otherwise required by local, state or federal regulations; and b) For a stationary source under permit, a permit revision has been approved by the County; and c) The stationary source generated the emissions surplus after October 16, 1996; and 8) (8) Fuel Additives. A An major employer or school may receive credit toward meeting a target reduction through the year round use of fuel additives in their fleet or employee-owned and operated vehicles, and/or off-road mobile equipment. , and/or area sources. The following shall be provided at the time of application for credit: a) documentation substantiating continuing, year-round use of fuel additive and measured reductions in emissions; and b) a statement from the manufacturer as to whether the use of the fuel additive will void any existing vehicle warranty. The State of Arizona and the County shall have no responsibility as to the validity of such statement; and c) for area sources, original equipment manufacturer’s emissions standards; and d) the final report published from EPA’s Voluntary Retrofit Device Evaluation Program, pursuant to 40 CFR Part 610, or from the California Air Resource Board. Such report shall demonstrate: &RPPHQWHG>/-@ The provisions in (7)(a-c) are being removed for streamlining purposes and will instead be included in the TRP Handbook &RPPHQWHG>/-@ The provisions in (8)(a-g) are being removed for streamlining purposes and will instead be included in the TRP Handbook 196 P7-32 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 1) use of fuel additives demonstrates reduced VOC, CO, or particulate matter (PM) emissions of high-polluting on-road vehicles, off-road mobile equipment or are sources by 20% or more; and 2) for motor vehicles, emissions meet the standards in Table 1; and 3) for off-road mobile equipment, emissions meet the year 2000 or 20001 standards in Table 11 or 12, or, Tables 13 and 14; and 4) for area sources, emissions are 20 percent less than those standard established by the original equipment manufacturer. e) Credit shall be calculated based upon the difference in emissions of the vehicle, equipment, or area source prior to using the fuel additive and after using the fuel additive. f) Earned credit shall be applied to the EERT for SOVMT and shall reflect the credit life of the vehicle, equipment or area source. g) Credit methodology, assumption, calculation, and earned credit shall be consistent with established criteria of this ordinance. 9) (9) Other Mobile Source Emissions Reductions and Vehicle Miles Traveled Reduction Programs. A An major employer or school may receive credit toward meeting a target reduction through the implementation of other measure(s) that reduce other mobile source emissions or vehicle miles traveled, not otherwise specified in this ordinance. a) (a) Written proposal must be submitted to staff and evaluated by the Task Force prior to implementation. The proposal shall provide a methodology for credit calculation, a demonstration of emissions reduction, and any additional information as requested by the Task Force. b) (b) Credit methodology, assumption, calculations, and earned credit shall be consistent with the established criteria of this ordinance. Adopted as amended by Board of Supervisors July 23, 1997. SECTION 4 DUTIES AND POWERS OF THE TASK FORCE A) The Task Force shall review and approve the baseline survey distributed to major employers and schools for the purpose of collecting data on commuting patterns. The Task Force shall provide uniform formats for data to be provided by each major employer and school on the commuting patterns of its employees and/or students and the effectiveness of its Trip Reduction Program. Collected data shall include the mode used and the distance traveled for commute trips. The Task Force shall establish uniform requirements for record keeping and reporting as necessary to comply with this ordinance and reasonable deadlines for submittal of additional data as required. B) The Task Force shall: 1) Evaluate the major employer’s or school’s trip reduction plan and approve or object to any such plan received. &RPPHQWHG>/-@ Removing Section 4 (Duties and Powers of the Task Force) from ordinance to reduce redundancy with A.R.S. § 49-583 197 P7-33 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 2) Review all responses by a major employer or school to the annual survey and determine if they meet the requirements of this ordinance. 3) Review the trip reduction plan submitted by a major employer or school, along with a staff report on the plan, to conclude if the plan contains trip reduction measures and/or the equivalent emissions reduction measures which seek to achieve the target reduction goals. 4) Monitor the implementation of a trip reduction plan as submitted by a major employer or school and as approved by the Task Force. 5) Develop and implement policies, standards and criteria for certifying eligible motor vehicles as being reduced emissions vehicles if they are substantially lower emitting in actual use than like vehicles generally purchased in the area. The Task Force shall not certify any reduced emissions vehicle or group of vehicles unless the Task Force has evidence of all of the following: a) Results of a federal test procedure conducted pursuant to 40 Code of Federal Regulations Part 86, Subpart B, effective July 1, 1992, of an equivalent method approved by the Administrator of the United States Environmental Protection Agency, demonstrating substantially lower emissions from the vehicle or group of vehicles. b) In the case of any device added to the vehicle to reduce emission, that the device has printed on it, or on the packaging, clear statements by the device manufacturer as to whether use of the device will void any existing vehicle warranty or adversely affect the onboard diagnostics system, and what the responsibility of the device manufacturer will be under such circumstances. The state shall have no responsibility as to the validity of such statements. c) United States Environmental Protection Agency approval of the use of a reduced emissions factor for that vehicle or group of vehicles as a revision to the State Implementation Plan. 6) Develop and implement policies, standards and criteria for reduced emissions vehicle factors to be applied to the rate of single-occupancy vehicle trips and rate of single occupancy vehicle miles traveled pursuant to Section 8 , in this ordinance. The reduced emissions vehicle factor applied to a reduced emissions vehicle shall be proportional to its average emissions reduction in actual use as compared to like vehicles generally purchased in the area and shall be less than or equivalent to the reduced emissions vehicle standards identified in Table 1 of this ordinance. 7) Make available to employers and schools with one hundred or more employees at a single work site or school site, a standard notification form which is to be used to notify employees and students of the requirements of Arizona Revised Statute 49-542. C) A plan submitted to the Task Force under subsection b , paragraph 1, of this section shall be approved or objections shall be filed within ninety days of its submission. The plan is automatically approved unless objected to by the Task Force within ninety days. Objections shall be based upon criteria set forth in Section 7 . If the Task Force objects to the plan, it 198 P7-34 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 shall be reviewed and revised in consultation with the major employer or school. The Task Force shall determine if enforcement action is appropriate and shall recommend action as it deems necessary. D) If any response submitted to the Task Force pursuant to subsection b , paragraph 2 of this section is not approved, the Task Force shall direct the major employer or school to submit additional data within ten working days. If subsequent submissions of data are not approved, the Task Force shall evaluate the major employer or school and supporting data and decide if enforcement action is appropriate. E) If a trip reduction plan submitted to the Task Force pursuant to subsection b , paragraph 3 of this section is not approved, the Task Force shall describe the inadequacies and direct the major employer or school to modify the plan within ten working days. If the plan as modified is not approved, the Task Force shall evaluate the supporting data and decide if enforcement action is necessary. F) If a major employer or school has not implemented the trip reduction plan as submitted and approved by the Task Force pursuant to subsection b , paragraph 4 of this section, the Task Force shall describe the inadequacies and shall direct modification to the plan implementation. If the major employer’s or school’s efforts remain inadequate, the Task Force shall evaluate the supporting data and decide if enforcement action is necessary. G) If a major employer’s or school’s trip reduction plan fails to achieve a goal identified in Section 7 , subsection B, the Task Force shall direct the staff to work with the major employer or school to increase the use of alternative modes and reduce single-occupancy vehicle miles traveled, consistent with the target reduction goals. The major employer or school shall submit a plan addendum outlining measures aimed at achieving any goal identified in Section 7 , subsection B. When the implementation of measured identified on the plan addendum demonstrates that there has been no further progress toward attaining reduction goals, the Task Force shall determine whether the major employer or school is putting forth a good faith effort to meet the goals. On an individual basis, the Task Force shall evaluate the supporting data and decide if enforcement is necessary. The Task Force shall consider: 1) The cost of the major employer’s or school’s Trip Reduction Program as compared to the average cost of such programs for all major employers and schools. 2) Unusual circumstances faced by the major employer or school. If unusual circumstances exist, the Task Force shall determine if a major employer or school who fails to submit a plan addendum within thirty days of written notice should be subject to enforcement action. H) The Task Force shall direct the staff to identify and contact potential voluntary participants to encourage and assist them in participating in cooperative efforts to collect data on commuting patterns, needs and desires of their employees and their tenants’ employees. These potential voluntary participants shall include property managers and other employers or schools who may wish to participate in a Trip Reduction Program . The Task Force shall encourage these owners, managers, schools, and employers to form transportation management associations. Among other activities, the transportation management 199 P7-35 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 associations may disseminate information on alternative modes of transportation. The Task Force shall encourage transportation management associations to assist member employers and schools in developing and implementing trip reduction plans. I) The Task Force shall review the performance of the regional program annually and prepare a report for the Board. The report shall include successes and problem areas and shall recommend revisions to this ordinance, as necessary. SECTION 12 SECTION 4 ENFORCEMENT A) PRODUCTION OF RECORD AND OTHER INFORMATION The Task Force may order a major employer or school to produce any and all records or other information it deems necessary to verify compliance with this ordinance or any order of the Task Force. B) ENFORCEMENT ACTIONS When the Task Force determines that a major employer or school has violated any of the requirements of this ordinance or any order of the Task Force it shall recommend to the Board appropriate enforcement action. The Board may request the County Attorney to take appropriate legal action. C) CIVIL PENALTIES A major employer or school who violates any provision or requirement of this ordinance or any order of the Task Force shall be subject to increasing civil penalties not to exceed one hundred dollars for the first violation, two hundred dollars for the second violation, and three hundred dollars for each additional violation. Violations that continue for more than one day shall constitute a separate violation for each day. 1) Violations of any of the following requirements may subject a major employer or school to increased civil penalties: a) Failure to collect or supply information requested by the Task Force. b) Failure to disseminate information on alternative modes and other trip reduction measures as specified in this ordinance. c) Failure to designate a transportation coordinator. d) Failure to submit an approvable trip reduction plan. e) Failure to implement an approved trip reduction plan within the time scheduled or failure to perform a revision of a plan as required by the Task Force. 2) Failure by a major employer or school to meet trip reduction goals as prescribed in section 7 does not constitute a violation if the major employer or school is attempting in good faith to meet the goals. A. REQUEST FOR INFORMATION AND DOCUMENTS 1. TRP staff or supervisor will notify an employer of a delinquency, (e.g., employer report, survey forms, plan, or documentation) and offer the employer an opportunity to &RPPHQWHG>/-@ The current Enforcement section will be replaced by contents from SPS-2018-005 - Enforcement 200 P7-36 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 promptly resolve the matter. This request for documentation (RFD) may be provided via email, U.S. Mail and/or a documented phone call. 2. Employer requests for additional time will be processed by TRP staff or supervisor. The employer’s history and current circumstances will be considered prior to granting an extension. Any extension request that exceeds the original deadline should be reviewed with the TRP supervisor or program manager. 3. Employers that fail to promptly respond to staff’s requests or miss an extended deadline will be issued a notice of violation (NOV) that will outline a one-week deadline to comply. While the RFD is an enforceable action, civil penalties will not incur until and NOV is issued. A hard-copy of the NOV will be sent to the LTC. B. TASK FORCE REVIEW 1. Employers that fail to comply by the NOV deadline will be scheduled on the next task force agenda for discussion/action and receive a written invitation to that meeting. A hard copy of the invitation will be sent to the LTC. 2. Staff will provide the Task Force a report that summarizes the NOV timeline and include a proposed corrective action and deadline. Recommended deadlines offered by staff should take into consideration the complexity and volume of information needed that may justify providing additional time to the employer. 3. The employer will be offered the opportunity to address the Task Force if they have a representative present at the public meeting. 4. The Task Force is expected to accept, amend or deny staff’s recommendation during the public meeting or request that staff obtain additional information before a decision is made during a future public meeting. 5. All Task Force decisions will be documented in the formal meeting minutes. C. TASK FORCE NOTICE 1. The Task Force Chairman or Assistant Chairman (Program Manager) will provide a written notice to the employer to confirm the ruling made during the formal meeting. This notice will detail the actions necessary to correct the delinquency, identify a deadline, and state that the employer may be referred for further enforcement action if the deadline is not met. A hard-copy of the notice will be sent to the LTC. 2. If an employer has a multi-year history of compliance delinquencies, the Task Force may vote to pursue civil penalties regardless of how quickly the employer resolves the NOV. D. ENFORCEMENT ACTION 1. If the Task Force notice deadline has expired and the employer has failed to comply with all parts of the Task Force notice, the Assistant Chairman will determine if the matter should be held until the Task Force can review during the next public meeting, should be forwarded to the Deputy County Attorney’s office, or if an order of abatement by consent (OAC) should be issued. The Task Force or the Assistant Chairman of the Task 201 P7-37 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Force may delay further enforcement if the employer is actively resolving all deficiencies. 2. The County Attorney may seek authorization from the Board to take appropriate legal action (A.R.S. § 49-593) to obtain compliance and/or civil penalties. E. CIVIL PENALTIES 1. The Task Force will consider the NOV issuance date as “violation day one” when calculating the total potential (maximum) fine. 2. The Assistant Chairman may issue an OAC to any employer that failed to fully comply with the deadline listed in the Task Force notification. The LTC should receive a hard- copy of the OAC via certified mail. 3. The Assistant Chairman will issue an OAC if the Task Force previously voted to pursue civil penalties based upon the employer’s compliance history. 4. The proposed penalty listed in the OAC will be either 10% of the maximum fine or the approved plan’s incentive budget, whichever is greater. This penalty would be in addition to any expenses incurred by the employer to fully execute the employer’s approved plan. 5. Staff and the Assistant Chairman will update members on settlement activity during the scheduled public meetings. 6. All settlement funds will be deposited in the County’s General Fund (A.R.S. § 49- 593(D)). SECTION 11 F. APPEALS 1. Any employer, school, or resident of the county may appeal to the Board of Supervisors a decision of the Task Force to authorize or withhold variances, a decision to approve or disapprove a trip travel reduction plan, or a decision that an employer or school is subject to the requirements of this ordinance. Any petition by an employer, school, or resident of the County county appealing the decision of the Task Force must be filed with the Clerk of the Board within ten working days after the employer, school, or resident of the County county receives notice of the decision. SECTION 9 SECTION 10 SECTION 5 STAFF DUTIES The staff shall provide support to the Task Force, major employers, and schools. The staff shall: 1) Provide assistance to each major employer or school in coordinating data collection, dissemination of information on air quality, alternative modes, programs, developing a trip reduction plan and increasing the effectiveness of selected trip reduction measures and equivalent emissions reduction measures. 2) Coordinate training programs for major employers and schools to assist them in training their transportation coordinator , preparing and implementing their trip reduction plans and preparing annual reports. &RPPHQWHG>/-@ Removing Section 5 (Staff Duties) from ordinance to reduce redundancy with A.R.S. § 49-584 202 P7-38 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 3) Coordinate survey and data collection activities and overall program monitoring with the Task Force. 4) Under direction of the Task Force, develop an implementation schedule for annual surveys of the employer and school community. 5) Assist the Task Force in developing and implementing policies, standards and criteria for certifying eligible motor vehicles as being reduced emissions vehicles . 6) Assist the Task Force in developing and implementing policies, standards and criteria for reduced emissions vehicle factors to be applied to the rates of single-occupancy vehicle trips and rate of single-occupancy vehicle miles-traveled pursuant to Section 7 of this ordinance. SECTION 5 VARIANCES AND EXEMPTIONS A) A. VARIANCES A An major employer or school wishing a variance from any of the requirements of this ordinance may make written application to the Task Force. A request for variance shall be finally approved or disapproved within ninety 90 days after the filing of a request by a an major employer or school. B) B. EXEMPTIONS 1. Employers or schools opening for business, or hiring, relocating, or otherwise adding employees or students so as to that become subject to the requirements of this ordinance are not required to conduct the survey until 60 days from the date of becoming subject to the requirements of this ordinance after the notification of their required participation. 2. The Task Force may grant an exemption to major employers or schools from the requirement to attain trip travel reduction goals specified in Section 7 3. Exemptions shall be granted if the major employer or school demonstrates the effective trip travel reduction strategies were implemented on or after July 1, 1988. Those exemptions may be granted only for the first year in which an employer or school is subject to this ordinance. Major employers Employers or schools shall demonstrate that effective strategies are in place by providing: 1) a. a A detailed description of the trip travel reduction strategies and how they are implemented. 2) b. The period of time that the strategies have been in place. 3) c. Evidence indicating that the strategies have been effective in reducing the proportion of employees or students commuting by single- occupancy vehicles SOV. 4) d. The Task Force shall grant an exemption only on finding: a) (1) The evidence submitted by the employer or school is valid. b) (2) The measures have reduced trips at least as much as specified in the trip travel reduction goals in section Section 7 3. 203 P7-39 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 SECTION 6 VOLUNTARY PARTICIPATION Employers and schools or groups of employers and schools, not affected by this ordinance, are encouraged to participate in data collection, information, dissemination efforts, and in the preparation of their own trip reduction plans on a voluntary basis. The Task Force shall assist these groups; these groups are eligible for participation in all programs and services and are encouraged to form transportation management associations. SECTION 13 APPENDIX A–CALCULATIONS AND ASSUMPTIONS FOR EQUIVALENT EMISSIONS REDUCTION (EER) CREDIT A) Reduced Emission Vehicle (REV) Credit 1) REV calculation assumptions: a) Average carbon monoxide (CO) emissions is 3.2 grams per mile (gm/mi)1 for like motor vehicles generally purchased in the area. b) A CO emissions of 2.56 grams per mile (gm/mi) or less is required for a vehicle to meet the definition of substantially lower emitting. c) A REV meets the emissions level requirements in Table 12 and the definition of substantially lower emitting. TABLE 1: TRP REDUCED EMISSIONS VEHICLE (REV) STANDARDS LEVEL CO Gm/mi NOX Gm/mi VOC Gm/mi CALCULATION DATA LEVEL 1 .01 - 2.72 .4 .125 ACTUAL EMISSIONS LEVEL 2 ZERO ZERO ZERO .10 2) Credit Methodology. Table 2 demonstrates the REV factor and credit to the rate of SOV trips and SOVMT: a) The actual CO emissions level of the REV will be compared to 3.2 gm/mi to ensure the REV’s CO level is at least 20% lower. The vehicle in th4 sample calculation has a C emissions of 2.3 gm/mi; NOX emissions of .18 gm/mi; and VOC emissions of .70 gm/mi. b) The actual CO emissions will then be divided by the average emissions (3.2 gm/mi); the REV factor will be calculated based upon the percentage cleaner that vehicle is found to be when compared to 3.2 gm/mi. The vehicle in the sample calculation was found to be 28% cleaner. c) The REV factor will be applied to the vehicle’s total commute trips and commute miles. The rates of SOV and SOVMT will be recalculated. &RPPHQWHG>/-@ Removing Section 6 (Voluntary Participation) from ordinance to reduce redundancy with A.R.S. § 49-587 &RPPHQWHG>/-@ Appendix A is being removed for streamlining purposes and will instead be included in the TRP Handbook 204 P7-40 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 d) When a REV is used for work-related trips, credit will be applied toward the equivalent emissions reduction targets (EERT) for SOVMT. 1 Maricopa Association of Governments, Transportation Planning Office (1994) 2 California Low Emission Vehicle Standards. CO standard reduced by 20%. TABLE 2: TRP REDUCED EMISSIONS VEHICLE (REV) CREDITS (SOV AND SOVMT CALCULATIONS) ACTION CALCULATION DETERMINE REV FACTOR. REV FACTOR= (ACTUAL EMISSION) ÷ (AVERAGE CO EMISSION). 2.3 ÷ 3.2 = .72 PERCENTAGE CLEANER = 1.0 – (REV FACTOR). THIS VEHICLE IS 28% CLEANER THAN THE AVERAGE. 1.0 - .72 = .28 VEHICLE’S COMMUTE TRIPS AND MILES TRAVELED WILL BE MULTIPLIED BY THE REV FACTOR. 2800 x .72 = 2016 MI. 260 TRIPS x .72 = 187.2 TRIPS THE DIFFERENCE BETWEEN COMMUTE MILES AND REV COMMUTE MILES IS DETERMINED. REDUCTION IS 784 MILES. 2800 - 2016 = 784 MI. THE DIFFERENCE BETWEEN COMMUTE TRIPS AND REV COMMUTE TRIPS IS DETERMINED. REDUCTION IS 72.8 TRIPS 260 - 187.2 = 72.8 TRIPS B) Conversion of rates of single-occupancy vehicle (SOV) trips and miles traveled (Table 3). 1) Credit calculation for implementing EER measures, other than REV, use the following assumptions: a) the average total emissions is 18.34 grams per mile (gm/mi).3 b) average commute miles4 is 11.5 miles for employees and 4.9 miles for students. c) Grams are converted to pounds when divided by 454. d) Total commute trips include all SOV and alternative modes trips for a single work site and total commute miles include all SOV and alternative mode miles for a single work site. e) A site’s rate of SOV is converted to gm/yr by multiplying the average total emissions by the site’s SOV trips. f) A site’s EERT for SOV trips is the total commute trips, multiplied by the site’s SOV target reduction and the average total emissions. 205 P7-41 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 g) The amount of reduction needed to meet the EERT for SOV is the difference between the site’s EERT for SOV and its rate of SOV. h) The site’s rate of SOVMT is converted to gm/yr by multiplying the average total emissions by the site’s SOVMT. i) A site’s EERT for SOVMT is the total commute miles multiplied by the site’s target reduction for SOVMT and the average total emissions. j) The number of work days in a calendar year for a 3-day work week = 156 days; 4 day work week = 208; 5 day work week = 260; 6 day work week = 312; and 7 day work week = 365. 3 Includes carbon monoxide, oxides of nitrogen and volatile organic compounds. Arizona Department of Environmental Quality, 1997. 4 Maricopa County Trip Reduction Program Annual Report, 1996/1997. Average may vary. 2) Sample Calculation. Assume a company (ABC Co.) with 450 employees; SOV rate of 78.98%, target SOV rate is 60%; rate of SOVMT is 87.49%, target SOVMT is 63%; SOV trips (70,252) + alternate mode trips (10,920) = total trips (81,172); and SOVMT (782,548) + alternate mode miles (111,927.4) = total miles (894,475.4). TABLE 3: TRP SUMMARY OF CALCULATIONS ACTION CALCULATION CONVERT RATE OF SOV (78.98 %) TO GRAMS. (AVERAGE TOTAL EMISSIONS) X (SOV TRIPS) 78.98% = 18.34 x 70,252 = 1,288,421.68 (GM/YR) EERT SOV TRIPS = TOTAL COMMUTE TRIPS X (TARGET REDUCTION %) X (AVG EMISSIONS) 81.172 x .60 x 18.34 = 893,216.69 (GM/YR) CALCULATE THE AMT. OF REDUCTION NEEDED TO MEET EERT FOR SOV. 1,288,421.68 – 893,216.69 = 395,204.99 (GM/YR) CONVERT RATE OF SOVMT (87.49%) TO GRAMS. (AVERAGE TITAK ENUSSUIBS) X (SOV TRIPS) 87.49% = 782,548 x 18.34 – 14,351,930.32 (GM/YR) EERT SOV TRIPS = TOTAL COMMUTE MILES X (TARGET REDUCTION %) X (AVG EMISSIONS) 894,475.4 x .63 x 18.34 = 10,334,947.67 (GM/YR) CALCULATE THE AMT. OF REDUCTION 14,351,930.32 - 10,334,947.67 = 4,016,982.65 206 P7-42 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 NEEDED TO MEET EERT FOR SOVMT (GM/YR) C) Reducing Peak Commute Trips 1) Calculation Assumptions: a) an adjustment factor of .5 is applied to the number of commute trips and commute miles taken by employees who adjusted their work schedule. b) Average commute miles5 is 11.5 miles for employees and 4.9 miles for students. c) The amount of earned credit toward the EERT for SOVMT will be the adjusted trips multiplied by the average total emissions level and the number of work days. d) The amount of earned credit toward the EERT for SOVMT will be the adjusted miles multiplied by the average total emissions, the total number of schedule changes, and the number of work days. e) Credit is calculated and then applied to the rate of SOV or SOVMT. 2) Sample credit calculations for ABC Co. with 450 employees are shown in Tables 4 and 5. The rate of SOV = 78.98% = 70,252 SOV trips = 1,288,421.68 gm/yr. The rate of SOVMT = 87.49% = 782,548 SOV miles = 14,351,930.32 gm/yr. For sample calculation purposes, the number of schedules changes is 80, therefore, the number of adjusted trips is 40; the number of work days from June 1st to September 30th is 61. 5 Maricopa County Trip Reduction Program annual Report, 1996/1997. Average may vary TABLE 4 TRP SAMPLE CALCULATION – REDUCING PEAK COMMUTE TRIPS SOV TRIP CALCULATION ACTION CALCULATION CONVERT RATE OF SOV (78.98%) TO GM/YR: (SOV TRIPS) X (AVG EMISSIONS) 70,252 x 18.34 = 1,288,421.68 (GM/YR) ADJUST TRIPS. MULTIPLY NO. OF SCHEDULE CHANGES BY THE ADJUSMENT FACTOR. 80 x .5 = 40 ADJ. TRIPS AMT. OF CREDIT EQUALS (ADJ. TRIPS) X (AVG EMISSIONS) X (# OF WORKDAYS) 40 x 18.34 x 61 = 44,749.60 (GM/YR) APPLY CREDIT TO RATE OF SOV 1,288,421.68 - 44,749.6 = 1,243,672.08 207 P7-43 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 (GM/YR) DETERMINE NEW SOV TRIP COUNT. (CONVERTED SOV) ÷ (AVG EMISSIONS) 1,243,672.08 ÷ 18.34 = 67,812 SOV TRIPS CHANGING 80 SCHEDULES REDUCES THE SOV TRIPS BY 2,440 PER YEAR. 70,252 - 67,812 = 2,440 CALCULATE NEW RATE OF SOV IF: 78.98% = 70,252 SOV TRIPS (70,252 ÷ .7898 = 88,949.10 = 100%) THEN: X% = 67,812 SOV TRIPS (67,812 ÷ 88,949.10 = 76.24%) SOV = 76.24% (2.74% SOV REDUCTION) TABLE 5 TRP SAMPLE CALCULATION – REDUCING PEAK COMMUTE MILES SOVMT CALCULATION ACTION CALCULATION CONVERT RATE OF SOVMT (87.49%) TO GM/YR: (SOV MILES) X (AVG EMISSIONS) 782,548 x 18.34 = 14,351,930.32 (GM/YR) ADJUST MILES. MULTIPLY AVG COMMUTE MILES (13) BY THE ADJUSTMENT FACTOR. 13 x .5 = 6.5 ADJ MILES AMT. OF CREDIT EQUALS (ADJ. MILES) X (AVG EMISSIONS) X (# OF WORKDAYS) X (NO. OF TRIPS) 6.5 x 18.34 x 61 x 80 = 581,744.80 (GM/YR) APPLY CREDIT TO RATE OF SOVMT 14,351,930.32 - 581,744.80 = 13,770,185.52 (GM/YR) DETERMINE NEW SOV MILES COUNT. (CONVERTED SOVMT) ÷ (AVG EMISSIONS) 13,770,185.52 ÷ 18.34 = 750,828 SOV MILES CHANGING 80 SCHEDULES REDUCES THE SOV MILES BY 31,720 PER YEAR. 782,548 - 750,828 = 31,720 (MI/YR) CALCULATE NEW RATE OF SOVMT IF 87.49% = 782,548 SOV MILES (782,548 ÷ .8749 = 894,442,79 = 100%) THEN X% = 750,828 MILES (X=750,828 ÷ 894,442.79 = 83.94%) NEW SOVMT = 83.94% (3.55% 208 P7-44 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 SOVMT REDUCTION) D) Reducing Work-Related Trips 1) Calculation Assumptions a) an adjustment factor of .5 is applied to the number of reduced work-related trips. b) No adjustment factor is added to the number of reduced work-related miles. c) The amount of earned credit toward the EERT for SOV trips = (adjusted trips) x (average emissions. The amount of earned credit toward the EERT for SOVMT = (number of reduced work-related miles) x (average emissions). 2) Sample Credit Calculations (Tables 6 and 7): TABLE 6: TRP REDUCED WORK-RELATED TRIPS SOV CALCULATION ACTION CALCULATION CONVERT RATE OF SOV (78.98% TO GM/YR: (SOV TRIPS) 70,252 x 18.34 = 1,288,421.68 (GM/YR) ADJUST TRIPS. (NO. OF WORK- RELATED TRIPS REDUCED) X 100 x .5 = 50 CALCULATE CREDIT. (ADJUSTED TRIPS) X (AVG 50 x 18.34 = 917 (GM/YR) APPLY CREDIT; AND CALCULATE NEW SOV TRIP 1,288,421.68 - 917 = 1,287,504.68 GM/YR 1 287 504 68 18 34 70 202 CALCULATE NEW RATE OF SOVMT IF: 79.98% = 70,252 SOV TRIPS (70,252 ÷ .7998 = 87,836.96 = 100%) THEN X% = 70,202 SOV TRIPS (70,202 ÷ 87,836.96 = 79.92%) X% = 79.92% (.06% SOV REDUCTION) TABLE 7: TRP REDUCED WORK – RELATED TRIPS SOVMT CALCULATION ACTION CALCULATION CONVERT RATE OF SOVMT (87.49%) TO GM/YR: (SOV MILES) x (AVG EMISSIONS) 782,548 X 18.34 = 14,351,930.32 (GM/YR) AMT. OF CREDIT: (NO. OF SOV MILES) - (NO. WORK-RELATED MILES) 782,548 - 10,000 = 772,548 209 P7-45 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 CALCULATE NEW RATE OF SOVMT IF: 87.49% = 782,548 SOV MILES (782,548 ÷ .8749 = 894,442.79 = 100%) THEN: X% = 772,548 SOV MILES (772,548 ÷ 894,442.79 = 86.37%) X% = 86.37% (1.12% REDUCTION) E) Vehicle Trade-Outs 1) Calculation Assumptions a) Emissions6 for replacement vehicles are identified in Table 8. TABLE 8: TRP EMISSIONS OF REPLACEMENT VEHICLES (GM/MI) REPLACEMENT MODE AVERAGE EMISSIONS (GM/MI) MODEL – YEAR 1972 76.75 MODEL – YEAR 1973 73.08 MODEL – YEAR 1974 72.22 MODEL – YEAR 1975 109.13 MODEL – YEAR 1976 103.33 MODEL – YEAR 1977 96.90 MODEL – YEAR 1978 94.43 MODEL – YEAR 1979 94.65 MODEL – YEAR 1980 28.07 MODEL – YEAR 1981 29.57 MODEL – YEAR 1982 27.74 MODEL – YEAR 1983 26.43 MODEL – YEAR 1984 23.80 MODEL – YEAR 1985 22.15 MODEL – YEAR 1986 20.32 MODEL – YEAR 1987 17.15 MODEL – YEAR 1988 14.73 MODEL – YEAR 1989 13.29 MODEL – YEAR 1990 11.57 MODEL – YEAR 1991 9.47 MODEL – YEAR 1992 7.06 MODEL – YEAR 1993 6.07 MODEL – YEAR 1994 4.82 6 AZ Dept. of Environmental Quality, Office of Air Quality, Emissions Report dated Jan 1996 b) Average emissions7 for trade-out vehicles are identified in Table 9. * (For post 1981 vehicles refer to applicable model- year of Table 8), TABLE 9: TRP EMISSIONS OF TRADE-OUT VEHICLES 210 P7-46 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 MODEL YEAR CO Gm/mi NOX Gm/mi VOC Gm/mi TOTAL Gm/mi PRE 1972 69.5 4.0 12.4 85.9 1974 – 1974 46.4 3.8 9.7 59.9 1975 – 1981 36.1 3.1 3.9 43.1 *1981 + c) The annual commute miles of the trade-out vehicle equals the average commute miles of the replacement vehicle. d) Earned credit toward the rate of SOVMT will be determined by the difference in emissions levels between the trade-out and replacement vehicle. *South Coast Air Quality Management District, Rule 1610. Average Emissions for post – 1981 vehicles 2) Sample SOVMT credit calculation (Table 10) a) For sample calculation purpose: the trade-out is a 1972 model-year with 2,860 annual commute miles. The replacement vehicle is a 1990 model-year, Emissions for a 1990 model-year is 11.57 gm/mi. Emissions of a 1972 model-year is 85.9 gm/mi. b) The emissions benefit is expected to be maintained for two (2) years8 for a 1972 model- year trade-out. TABLE 10: TRP TRADE-OUT CRDITS – SOVMT CALCULATIONS ACTION CALCULATION CALCULATE EMISSIONS OF TRADE- OUT. (EMISSIONS) x (ANNUAL COMMUTE MILES) 85.9 x 2,860 = 245,674 GM/YR CALCULATE EMISSIONS OF REPLACEMENT. (EMISSIONS) x (ANNUAL COMMUTE MILES) 11.57 x 2,860 = 33,090.2 GM/YR CALCULATE THE DIFFERENCE IN EMISSIONS OF THE 2 VEHICLES. 245,674 - 33,090.2 = 212,583.8 GM/YR CALCULATE CREDIT EARNED OVER THE LIFE OF THE TRADE-OUT (2 YEARS) 2 x 212,583.8 = 425,167.60 GRAMS CALCULATE REDUCTION OF SOVMT FOR YEAR 1: UP TO 1/3 OF EARNED CREDIT 425,167.60 x .33 = 140,305.31 GRAMS APPLY CREDIT TO SOVMT 14,351,930.32 - 140,305.31 = 14,211,625.01 GRAMS 211 P7-47 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 CALCULATE NEW RATE OF SOVMT IF: 87.49% = 14,351,930.32 GM/YR (14,351,930.32 р .8749 = 16,404,080.83 = 100%) THEN: X% = 14,211,625.01 (14,211,625.01 р 16,404,080.83 = 86.63%) X% = 86.63 (.86% REDUCTION IN YR 1) UNUSED CREDIT: 284,862.29 GRAMS F) Clean Off-Road Mobile Equipment 1) Calculation assumptions: a) replacement equipment meets utility equipment standards9 (Tables 11 or 12). TABLE 11: TRP – HAND HELD UTILITY EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp-hr CO Gm/bhp-hr TOTAL Gm/bhp-hr 1995 – 1998 Less than 20cc 220 + 4 600 824 1995 – 1998 20cc to 49.9cc 180 + 4 600 784 1995 – 1998 50cc and greater 120 + 4 300 424 1999+ All 50 + 4 130 184 TABLE 12: TRP – NON-HAND-HELD EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp-hr CO Gm/bhp-hr TOTAL Gm/bhp-hr 1995 – 1998 Less than 225cc 12.0 + 0 300 312 1995 – 1998 225cc and Greater 10.0 + 0 300 310 1999 + All 3.2 +0 100 103.2 8 Section 8 (B)(4)(b)(3). 9 Mobile Source Emissions Standards Summary, California Air Resources Board, 1994. 1995 and Later Small Utility Engines, Standards apply to equipment that is powered by gasoline or diesel engines rated at under 25 horsepower. Standards are based on total engine displacement in cubic centimeters (cc). All standards are expressed in grams per brake-horsepower-hour (g/bhp-hr). b) Earned credit is based upon the difference in emissions standards between the 1995, 1999 and zero-emitting off-road utility equipment. c) Table 13 is the earned credit10 (gm/yr) for residential off-road utility equipment. TABLE 13: TRP EARNED CREDIT: RESIDENTIAL UTILITY EQUIPMENT (INCLUDES LAWN & GARDEN) (GM/YR) 212 P7-48 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 OFF-ROAD EQUIPMENT 1995 STANDARDS 1999 STANDARDS ZERO EMISSION STANDARDS 2 stroke Lawn Mowers 7945 12106.7 18160 4 stroke Lawn Mowers 3405 7604.5 12303.4 2 stroke Blowers, <50cc, Hand Held 1513.3 3405 4994 2 stroke Blowers, >50cc, Hand Held 2270 3405 4994 2 stroke Blowers 2648.3 3405 4994 4 stroke Blowers 1891.7 3783.3 538.8 2 stroke Chainsaws, <50cc 756.7 3783.3 5448 2 stroke Chainsaws, >50cc 2648.3 3783.3 5448 Garden Tractors – All 25348.3 111305.7 18777.4 Riding Mowers – All 7945 37984.7 34831.2 4 stroke Edgers/Trimmers 1891.7 3405 6401.4 2 stroke Edgers/Trimmers, <50cc 1513.3 3405 4994 2 stroke Edgers/Trimmers, >50cc 2270 3405 4994 4 stroke Tiller <225cc 4540 11009.5 17342.8 4 stroke Tiller >225cc 4918.3 11009.5 17342.8 2 stroke Shredder/Grinder 7945 11728.3 16798 4 stroke Shredder/Grinder 3405 7226.2 11849.4 d) Table 14 is the earned credit11 (gm/yr) for commercial off-road utility equipment. 10 California Air Resource Board, Rule 1623 – Credits for Clean Lawn and Garden Equipment (May 1996). Amount of credit for residential equipment reflects a Technical Adjustment Factor of 1.2 to account for the uncertainty for hours of operation. 11 California Air Resources Board, Rule 1623 – Credits for Clean Lawn and Garden Equipment (May 1996). Amount of credit for residential equipment reflects a Technical Adjustment Factor of 1.2 to account for the uncertainty for hours of operation. TABLE 14: TRP EARNED CREDIT: COMMERCIAL OFF-ROAD UTILITY EQUIPMENT (INCLUDES LAWN & GARDEN) (GM/YR) OFF-ROAD EQUIPMENT 1995 STANDARDS 1999 STANDARDS ZERO EMISSION STANDARDS 2 stroke Lawn Mowers < 225cc 117968 272854 329286.1 2 stroke Lawn Mowers > 225cc 179784 273308 329286.1 4 stroke Lawn Mowers< 225cc 73548 168842.6 225683.4 4 stroke Lawn Mowers > 225cc 74456 16871.8 225683.4 2 stroke Blowers/Vacuums, <20cc, Hand Held 152998 417226 500308 2 stroke Blowers/Vacuums, 20- 50cc Hand Held 169796 417226 500308 213 P7-49 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 2 stroke Blowers/Vacuums, > 50cc, Hand Held 317800 417226 500308 2 stroke Blowers/Vacuums < 225cc 364108 449006 500308 2 stroke Blowers/Vacuums > 225cc 365470 449460 500308 4 stroke Blowers/Vacuums < 44946 158037.4 223867.4 4 stroke Blowers/Vacuums >225cc 46308 158037.4 223867.4 Garden Tractors – All 111230 487777.6 682952.2 Riding Mowers – All 99426 469980.8 663339.4 4 stroke Edgers/Trimmer > 55388 114952.8 167299 4 stroke Edgers/Trimmer< 225cc 54480 115225.2 167299 2 stroke Edgers/Trimmers < 22700 131660 166345.6 2 stroke Edgers/Trimmers, 20- 50cc 29510 131660 166345 2 stroke Edgers/Trimmers, > 50cc 91254 131660 166345.6 4 stroke Tiller < 225cc 27240 63741.6 83445.2 4 stroke Tiller > 225cc 27694 63696.2 83445.2 2 stroke Shredder/Grinder 316438 485780 580439 2 stroke Shredder/Grinder 316892 486234 580439 4 stroke Shredder/Grinder < 225cc 66738 237487.4 332645.8 4 stroke Shredder/Grinder > 225cc 70370 237669 332645.8 e) estimated years of credit life12 for off road mobile utility equipment (Table 15) is based upon whether the employer, employee or student is the buyer or seller of the equipment. 12 California Air Resources Board, Rule 1623 – Credits for Clean Lawn and Garden Equipment (May 1996). TABLE 15: TRP CREDIT LIFE FOR OFF-ROAD MOBILE UTILITY EQUIPMENT (YEARS) EQUIPMENT RESIDENTIAL COMMERCIAL BUYER SELLER BUYER SELLER LAWNMOWERS, 4-STROKE EDGERS/TRIMMERS 4 7 2 3 2-STROKE EDGERS/TRIMMERS 3 5 2 3 SHREDDERS/GRINDERS 4 7 3 5 214 P7-50 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 4-STROKE BLOWERS/VACUUMS 4 7 2 3 2-STROKE BLOSERS/VACUUMS 3 5 2 3 CHAINSAWS 3 5 1 1 TILLERS 4 7 3 5 GARDEN TRACTORS 4 7 2 4 RIDING MOWERS 4 7 2 4 f) emissions standards13 for off-road mobile heavy-duty diesel engines (tables 16 and 17). Credit will be calculated from the year 2000 standard for 750+ horsepower (hp) equipment and the year 2001 standard for 175 – 750 hp equipment. TABLE 17: OPACITY LEVEL OF SMOKE FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR LUGGING ACCELERATION PEAK LEVEL 175 - 750 1996 - 2000 15% 20% 50% 175 - 750 2001+ 15% 20% 35% 750 + 2000+ 15% 20% 35% 3) Sample Calculation Off road heavy-duty diesel calculation will reflect the difference in the actual emissions standards if available, or the 1996 – 2000 emission standards compared to the year 2000 or 2001 emissions standards; the annual hours of operation; the rated horsepower (hp); the load factor (lf); and fuel consumption: [(baseline emissions - emissions standards) x (hrs x hp x lf)] = gm/yr 13 California Air resources Board, Mobile source Emissions Standards 1996 and later Heavy-duty Diesel Engines. G) Remote Sensing 1) Calculation Assumptions a) after repairs, vehicle meets Arizona Emissions Standards14 (Table 18). TABLE 16: STANDARDS FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR HC / NOX Gm/bhp-hr CO / 175 - 750 1996 - 2000 1.0 6.9 8.5 175 - 750 2001+ 1.0 5.8 1.0 750 + 2000+ 1.0 6.9 8.5 215 P7-51 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 TABLE 18: TRP ARIZONA EMISSION STANDARDS I/M 240 (MAXIMUM GRAMS PER MILE) MODEL – YEAR VOC + NOX CO TOTAL 1996 + 2.1 10 12.1 1983 – 1995 2.8 15 17.8 1981 – 1982 2.8 30 32.8 b) emissions levels prior to repair will be compared to after repair levels. c) When subject to vehicle emissions inspection program15, the next scheduled emission test date determines maximum credit life. 2) Sample Calculation (Table 19): ABC Co.’s rate of SOVMT = 87.49%; SOV miles = 782,548; converted rate of SOVMT = 14,351,930.32 gm/yr; 1988 model year vehicle commutes 2860 mi/yr; emissions are 28.2 gm/mi.; Date of repair is 6/6/97; date of application for credit is 4/30/97; date of next emissions test is 1/31/99; the emissions standard is 17.8 gm/mi; and subsequent testing shows emissions level of 16.2 gm/mi. TABLE 19: TRP REMOTE SENSING CREDITS SOVMT CALCULATIONS ACTION CALCULATION calculate emissions benefit, per mile, of repair: (old emissions) - (after repair emissions) 28.2 - 16.2 = 12 GM/MI Calculate emissions reduction, per day, after repair. (emissions reduced) x (commute miles per day) 12 x 13 = 156 GM/MI/DAY Calculate emissions reduction from date of repair (6/6/97) to application date (4/30/98) or date of next test, whichever is sooner, exclude non-work days. (# adj days x emission reduction per day (226 x .5) x 156 = 17,628 GM Subtract reduction from sovmt and recalculate SOVMT miles 14,351,930.32 - 17,628 = 14,334,302.32 GM/YR 14,334,302.32 р 18.34 = 781,586.82 SOV MILES Calculate new rate of SOVMT IF: 87.49% = 14,351,930.32 GM/YR (14,351,930.32 р .8749 = 16,404,080, .83 = 100%) THEN: X% = 14,334,302.32 (14,334,302.32 р 16,404,080, .83 = 87.38%) X% = 87.38% (.11% REDUCTION) 216 P7-52 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Calculate credit for next year: # work days from application date (4/30/98) to next emission test date (1/31/99). ((# days x .5) x emission reduction) (186 X .5) X 156 = 14,508 GM 14 Emissions standards approved for use in the state of Arizona by the EPA pursuant to Arizona Administrative Code R18-2-1006. 15. A.R.S. 49-542, Annual Emissions and Inspection Program H) Stationary Source – Calculation Assumptions: 1) permit revisions establish new emission standard ceiling for stationary source. 2) Calculations and related assumptions will be consistent with methodology used to calculate EER credit and other local, state, and federal regulations, as applicable. I) Fuel Additives – Calculation Assumptions 1) Motor vehicle emissions, prior to use of fuel additive, were 20% or greater than the standards identified in table 18, for the applicable vehicle model- year. TABLE 18: TRP ARIZONA EMISSION STANDARDS I/M 240 (MAXIMUM GRAMS PER MILE) MODEL - YEAR VOC + NOX CO TOTAL 1996 = 2.1 10 12.1 1983 – 1995 2.8 15 17.8 1981 – 1982 2.8 30 32.8 2) off-road utility equipment emissions, prior to use of fuel additive, were 20% or greater than the standards identified in table 11 or 12, as applicable. TABLE 11: TRP – HAND HELD UTILITY EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp-hr Co Gm/824bhp- hr TOTAL Gm/bhp - hr 1995 – 1998 Less than 20cc 220 + 4 600 824 1995 – 1998 20cc to 49.9cc 180 + 4 600 784 1995 – 1998 50cc and greater 120 + 4 300 424 1999+ All 50 + 4 130 184 TABLE 12: TRP - NON-HAND-HELD EQUIPMENT YEAR ENGINE DISPLACEMENT HC + NOX Gm/bhp - hr CO Gm/bhp - hr TOTAL Gm/bhp - hr 1995 – 1998 Less than 225cc 12.0 + 0 300 312 217 P7-53 AQ-2019-005-P-7 Travel Reduction Program Draft Ordinance for Stakeholder Workshop: December 4, 2019 Maricopa County Air Quality Dept. Planning & Analysis Division 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 1995 – 1998 225cc and Greater 10.0 + 0 300 310 1999+ All 3.2 + 0 100 103.2 3) off-road heavy-duty diesel equipment emissions, prior to use of fuel additive, were 20% or greater than the standards identified in Tables 16 and 17. TABLE 16: STANDARDS FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR HC Gm/bhp - hr NOX Gm/bhp - hr CO Gm/bhp - hr 175 – 750 1996 - 2000 1.0 6.9 8.5 175 – 750 2001+ 1.0 5.8 1.0 750 + 2000+ 1.0 6.9 8.5 TABLE 17: OPACITY LEVEL OF SMOKE FOR HEAVY DUTY DIESEL ENGINES HORSEPOWER YEAR LUGGING ACCELERATION PEAK LEVEL 175 – 750 1996 - 2000 15% 20% 50% 175 – 750 2001 + 15% 20% 35% 750 + 2000 + 15% 20% 35% 4) area source emission, prior to use of the fuel additive, were 20% or greater than original equipment manufacturer’s specifications. 5) Calculations and related assumptions will be consistent with methodology used to calculate EER credit. J) Other Mobile Source Reductions and Other Vehicle Miles Reduction Programs Calculations and related assumptions will be consistent with methodology used to calculate EER credit. 218 From: Kimberly Butler (AQD) To: Laura Jardieanu (AQD); Gregory Verkamp (AQD); Kristen Weston-Smith (AQD); Tina Wesoloskie (AQD) Cc: Michelle Mada (AQD) Subject: FW: Online Form Submittal: Citizen Comments Date: Friday, December 13, 2019 4:31:53 PM FYI Kimberly Butler • Planning and Analysis Division Manager Maricopa County Air Quality Department Desk: 602.506.6731 | CleanAirMakeMore.com Burn Cleaner, Burn Better. On No Burn Days, Don’t Burn Wood. From: Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov> Sent: Friday, December 13, 2019 4:29 PM To: Michelle Mada (AQD) <Michelle.Mada@Maricopa.gov>; Kimberly Butler (AQD) <Kimberly.Butler@Maricopa.gov> Subject: FW: Online Form Submittal: Citizen Comments Good Afternoon, The below comment was received for AQD; there is no attachment. Thank you, Kathy Semder Ombudsman From: noreply@civicplus.com <noreply@civicplus.com> Sent: Friday, December 13, 2019 4:15 PM To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov>; Andy Linton (COA) <Andy.Linton@Maricopa.Gov>; Bill Leal (FCD) <Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero (AQD) <Blanca.Caballero@Maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Comment #6 219 Case Number/Rule AQ-2019-005 Ordinance P-7 Trip Reduction Program Department Field not completed. I would like to Other First Name Elizabeth Last Name Shipley Organization Intel Corporation City Chandler Zip 85249 Email elizabeth.a.shipley@intel.com Phone Number 480-552-8026 Phone Type Work Would you like someone to contact you? No Comments Intel is proud to have innovated and invested in Arizona for 40 years. Responsible stewardship of our state's environmental resources, including the environmental impact associated with employee commute options, is important to our community's future. Reducing single occupancy vehicle trips in Maricopa County will require close collaboration between government, private industry, and the communities in which we live and work. In addition, Intel and other employers in the state have made significant investments in on-site services such as cafés, gyms, medical services, banks, and more, and should receive credit for reducing the number of additional vehicle trips taken by employees. We request that these trip reduction efforts be clarified in Section 7, P7-22 and/or Section 9, P7-32, and detailed in the forthcoming TRP Handbook and reflected in a revised version of the Trip Reduction Plan Form. We welcome the opportunity to work with Maricopa County on providing additional detail and feedback on the points above. If applicable, attach supporting documentation associated with your comment. Field not completed. 220 Comment #7 221 222