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State Statutes Citing Telecommuting

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Arizona - State Employee Telecommuting Program


41-786. Reimbursement of transportation and telecommuting costs; definition
A. The director shall adopt rules to provide for the reimbursement of up to one hundred per cent of the cost to state employees of either:
1. Public, van pool or private transportation service to and from their place of employment.
2. Telecommuting connectivity.
B. For purposes of this section, "public transportation" means local transportation of passengers by means of a public conveyance operated or licensed by an incorporated city or town or a regional public transportation authority.
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Arizona - Trip Reduction Requirement

49-588. Requirements for major employers
A. In each year of the regional program each major employer shall:
1. Provide each regular employee with information on alternate mode options and travel reduction measures. This information shall also be provided to new employees at the time of hiring.
2. Participate in a survey and reporting effort as directed by the task force and as scheduled by the staff. The results of this survey shall form a baseline against which attainment of the targets in subsection D of this section shall be measured as follows:
(a) The baseline for participation in alternative modes of transportation shall be based on the proportion of employees commuting by single occupancy vehicles.
(b) The baseline for vehicle miles traveled shall be the average vehicle miles traveled from place of residence to work per employee for employees not residing on the work site.
3. Prepare and submit a travel reduction plan for submittal to the staff and presentation to the task force. The staff shall assist in preparing the plan. Major employers shall submit plans within nine weeks after they receive survey data results. The plan shall contain the following elements:
(a) The name of the designated transportation coordinator.
(b) A description of employee information programs and other travel reduction measures which have been completed in the previous year.
(c) A description of additional travel reduction measures to be undertaken by the major employer in the coming year. The following measures may be included:
(i) A commuter matching service to facilitate employee ridesharing for work trips.
(ii) Provision of vans for vanpooling.
(iii) Subsidized carpooling or vanpooling which may include payment for fuel, insurance or parking.
(iv) Use of company vehicles for carpooling.
(v) Provision for preferential parking for carpool or vanpool users which may include close-in parking or covered parking facilities.
(vi) Cooperation with other transportation providers to provide additional regular or express service buses to the work site.
(vii) Subsidized bus fares.
(viii) Construction of special loading and unloading facilities for transit and carpool and vanpool users.
(ix) Cooperation with political subdivisions to construct walkways or bicycle routes to the work site.
(x) Provision of bicycle racks, lockers and showers for employees who walk or bicycle to and from work.
(xi) Provision of a special information center where information on alternate modes and other travel reduction measures is available.
(xii) Establishment of a full-time or part-time work at home program for employees.
(xiii) Establishment of a program of adjusted work hours which may include telecommuting, compressed workweeks or staggered work hours. Work hour adjustments should not interfere with or discourage the use of ridesharing and transit.
(xiv) Establishment of a program of parking incentives such as a rebate for employees who do not use the parking facility.
(xv) Incentives to encourage employees to live closer to work.
(xvi) Implementation of other measures designed to reduce commute trips such as the provision of day care facilities or emergency taxi services.
(xvii) Incentives for use of reduced emission vehicles and alternative fuel vehicle refueling facilities.
B. All employers in area A with one hundred or more employees at a single work site shall notify their employees of the employees' duty to comply with the requirements of section 49-542. The travel reduction program regional task force shall prepare and make available a standard information form for use by all employees of those employers.
C. Except as provided in subsection F of this section, an approvable travel reduction plan shall meet all of the following criteria:
1. The plan shall designate a transportation coordinator.
2. The plan shall describe a mechanism for regular distribution of alternate mode transportation information to employees.
3. For employers that in any year meet or exceed annual regional targets for travel reduction, the plan shall accurately and completely describe current and planned travel reduction measures.
4. For employers that, in any year, fall below the regional targets for travel reduction, the plan shall include commitments to implement:
(a) At least two specific travel reduction measures in the first year of the regional program.
(b) At least three specific travel reduction measures in the second year of the regional program.
D. After the second year, the task force shall review the travel reduction programs for employers not meeting regional targets and may recommend additional measures.
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.
F. Notwithstanding any other requirements, a major employer may be in compliance with the requirements of subsections A, C and E of this section by submitting a plan that demonstrates achievement of emissions reductions equivalent to those that would have been obtained through compliance with the requirements of subsection E of this section. Emissions reductions achieved for the purpose of compliance with this subsection shall be in addition to any other emissions reductions that are otherwise required by law, rule, ordinance or permit. The plan may contain any of the following measures to achieve emissions reductions:
1. Voluntary polluting vehicle trade-outs only if both of the following conditions are met:
(a) Vehicles are not crushed.
(b) The program applies only to vehicles owned by the major employer or its employees.
2. Use of clean on-road vehicles.
3. Use of clean off-road mobile equipment.
4. Remote sensing.
5. Other mobile source emissions reductions.
6. Emissions reductions from stationary sources.
7. Peak commute trip reductions.
8. Other work-related trip reductions.
9. Vehicle miles traveled reduction programs.
10. Fuel additives which have been shown to reduce hydrocarbon, carbon monoxide or particulate matter emissions of significant polluting on-road vehicles, off-road mobile sources or area sources by twenty per cent or more.
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Connecticut - State Employees Telecommuting Program

TITLE 5. STATE EMPLOYEES  
CHAPTER 67. STATE PERSONNEL ACT

Conn. Gen. Stat. 5-248i

Sec. 5-248i. Telecommuting and work-at-home programs. 

(a) The Commissioner of Administrative Services may develop and implement guidelines, in cooperation with interested employee organizations, as defined in subsection (d) of section 5-270, authorizing telecommuting and work-at-home programs for state employees where such arrangements are determined to be cost effective.


(b) Any employee of a state agency may be authorized to participate in a telecommuting or work-at-home assignment with the approval of his appointing authority and with the approval of the Commissioner of Administrative Services. Approval of such assignment may be granted only where it is determined to be cost effective. Any assignment shall be on a temporary basis only, for a period not to exceed six months and may be extended as necessary.


(c) The Commissioner of Administrative Services shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees as to the extent of use by employees as provided pursuant to subsections (a) and (b) of this section.
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FLORIDA - State Employee Telecommuting Program

TITLE X  PUBLIC OFFICERS, EMPLOYEES, AND RECORDS  
CHAPTER 110  STATE EMPLOYMENT  
PART I  GENERAL STATE EMPLOYMENT PROVISIONS

Fla. Stat. 110.171 (1999)

110.171 State employee telecommuting program.

    (1)   As used in this section, the term:

(a)   "Agency" means any official, officer, commission, board, authority, council, committee, or department of state government.

(b)   "Department" means the Department of Management Services.

(c)   "Telecommuting" means a work arrangement whereby selected state employees are allowed to perform the normal duties and responsibilities of their positions, through the use of computers or telecommunications, at home or another place apart from the employees' usual place of work.

(2)   The department shall:

(a)   Establish and coordinate the state employee telecommuting program and administer this section.

(b)   Appoint a statewide telecommuting coordinator to provide technical assistance to state agencies and to promote telecommuting in state government.

(c)   Identify state employees who are participating in a telecommuting program and their job classifications through the state personnel payroll information subsystem created under s. 110.116.

(3)   By October 1, 1994, each state agency shall identify and maintain a current listing of the job classifications and positions that the agency considers appropriate for telecommuting. Agencies that adopt a state employee telecommuting program must:

(a)   Give equal consideration to career service and exempt positions in their selection of employees to participate in the telecommuting program.

(b)   Provide that an employee's participation in a telecommuting program will not adversely affect eligibility for advancement or any other employment rights or benefits.

(c)   Provide that participation by an employee in a telecommuting program is voluntary, and that the employee may elect to cease to participate in a telecommuting program at any time.

(d)   Adopt provisions to allow for the termination of an employee's participation in the program if the employee's continued participation would not be in the best interests of the agency.

(e)   Provide that an employee is not currently under a performance improvement plan in order to participate in the program.

(f)   Ensure that employees participating in the program are subject to the same rules regarding attendance, leave, performance reviews, and separation action as are other employees.

(g)   Establish the reasonable conditions that the agency plans to impose in order to ensure the appropriate use and maintenance of any equipment or items provided for use at a participating employee's home or other place apart from the employee's usual place of work, including the installation and maintenance of any telephone equipment and ongoing communications costs at the telecommuting site which is to be used for official use only.

(h)   Prohibit state maintenance of an employee's personal equipment used in telecommuting, including any liability for personal equipment and costs for personal utility expenses associated with telecommuting.

(i)   Describe the security controls that the agency considers appropriate.

(j)   Provide that employees are covered by workers' compensation under chapter 440, when performing official duties at an alternate worksite, such as the home.

(k)   Prohibit employees engaged in a telecommuting program from conducting face-to-face state business at the homesite.

(l)   Require a written agreement that specifies the terms and conditions of telecommuting, which includes verification by the employee that the home office provides work space that is free of safety and fire hazards, together with an agreement which holds the state harmless against any and all claims, excluding workers' compensation claims, resulting from an employee working in the home office, and which must be signed and agreed to by the telecommuter and the supervisor.

HISTORY:   ss. 2, 8, ch. 90-291; s. 29, ch. 92-279; s. 55, ch. 92-326; ss. 1, 3, ch. 94-113; s. 10, ch. 96-399; s. 1, ch. 98-31.
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COLORADO - Role of State Department of Transportation

TITLE 43. TRANSPORTATION  
GENERAL AND ADMINISTRATIVE  
ARTICLE 1. GENERAL AND ADMINISTRATIVE  
PART 12. PUBLIC-PRIVATE INITIATIVES PROGRAM

C.R.S. 43-1-1202 (1999)

43-1-1202. Department powers. (1) Notwithstanding any other law, the department may:
(a) Solicit and consider proposals, enter into agreements, grant benefits, and accept contributions for public-private initiatives pursuant to this part 12 concerning any of the following:
(I) Use of advanced transportation technologies for traveler information services;
(II) Systems for road weather information, safety warning, advanced traffic management, information broadcasting, real-time transit information, route finding and vehicle navigation, and collision avoidance;
(III) Hazardous and nonhazardous incident detection, response, and removal and facilitation of emergency medical response;
(IV) Promotion of private investment in traffic operations centers, use of telecommunications, use of telecommuting to reduce transportation demand, conversion of defense technologies to civilian transportation uses, operational efficiency on urban and rural roads, and electronic payment for transportation services;
(V) Voluntary emissions testing and mitigation;
(VI) Ride matching and reservation in support of demand management;
(VII) Safety monitoring systems;
(VIII) Commercial fleet management and electronic clearance of ports of entry;
(IX) Development of national standards and protocols for intelligent transportation systems;
(X) Design, financing, construction, operation, maintenance, and improvement of turnpike projects within the state pursuant to part 2 of article 3 of this title;
(XI) The specific information and tourist-oriented directional sign programs authorized in section 43-1-420. The department may provide by contract for private businesses to pay a reasonable fee to the department to reflect the cost of the use of highway rights-of-way and the department's costs of administering the program.
(XII) Codevelopment of transportation transfer facilities, as defined in section 43-1-1501 (3), including transfer facilities that provide retail goods and services by private entities; and
(XIII) Design, financing, construction, operation, maintenance, or improvement of a high occupancy toll lane described in section 42-4-1012 (1), C.R.S.
(b) Solicit proposals for public-private initiatives as competitive sealed proposals pursuant to section 24-103-203, C.R.S.;
(c) Consider and accept unsolicited proposals pursuant to section 43-1-1203;
(d) Grant a public benefit in or concerning a transportation system project in exchange for a private contribution to that project, but the term of any lease, easement, or franchise granted by the department as a public benefit under this part 12 shall:
(I) Reasonably relate to the value of the private contribution as determined by the department; and
(II) Not exceed ninety-nine years;
(e) Accept a private contribution to a transportation system project;
(f) Exercise any power of the department authorized by law to facilitate the development and performance of public-private initiatives.
(2) Services shall not be provided under this part 12 unless they are consistent and compatible with the use and zoning of the land adjacent to the right-of-way.
(3) Retail goods and services shall not be authorized under this part 12. This subsection (3) shall not prohibit:
(a) Retail goods and services existing on April 17, 1995;
(b) Any vending facilities defined in section 26-8.5-101, C.R.S.;
(c) The provision of retail goods and services at transfer facilities authorized under part 15 of this article.

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COLORADO - TAX POLICY

TITLE 24. GOVERNMENT - STATE  
INTERNET REGULATION  
ARTICLE 79. LIMITATIONS ON SOURCES OF REVENUE

C.R.S. 24-79-101 (1999)
24-79-101. Legislative declaration. (1) The general assembly finds, determines, and declares that:
(a) Free and unfettered access by Colorado's citizens to national and global communications media, including, without limitation, the internet, is essential to citizen participation in state and national affairs through the exchange of information and the continued vitality of commerce at the state, national, and international levels;
(b) Colorado's long-term economic health and competitiveness vis--vis the economies of other states and nations, including the benefits of full employment and the attraction of new businesses that may wish to locate here, depend on creating a business environment that is conducive to the continued growth of commerce via the internet and on-line services;
(c) A patchwork of local fees and taxes, or the addition of state fees and taxes to those already imposed on business activity, will tend to discourage new investment, reduce the number of jobs available in the state, and dissuade consumers and employers from enjoying the economic, social, and environmental benefits offered by use of the internet, including but not limited to telecommuting, just-in-time inventory control, and advance reservation of goods and services;
(d) The cost of forgoing these benefits, even partially and even at a local level, will be borne by all citizens of the state in the form of increased traffic congestion, air pollution, a lower quality of life, and lost time and productivity. Therefore, this act addresses a matter of statewide concern.
(e) Until pending federal legislation resolves issues involving electronic commerce, including whether, and to what extent, state and local taxation of internet access services will further the interests of all participants in the national economy, including the citizens of Colorado, a moratorium of at least three years is appropriate on the imposition of such charges, consistent with the pending national plan.
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ILLINOIS - Vehicle Trip Reduction

Voluntary Employee Commute Options Emission Reduction Credit Act
625 ILCS 33/
 

    (625 ILCS 33/1)
    Sec. 1.  Short title.  This  Act  may  be  cited  as  the  Voluntary Employee Commute Options Emission Reduction Credit Act. 

    (625 ILCS 33/5)
    Sec. 5.  Purpose.  It is the purpose of this Act to  provide  owners with  the  opportunity  to  implement voluntary employee commute options programs.  These programs would enable the  owners  to  obtain  emission reductions  that  are creditable toward the level of emission reductions required under the federal Clean Air Act  Amendments  of  1990  for  the post-1996  period,  including emission reductions required under Section 9.8 of the Environmental Protection Act.

    (625 ILCS 33/10)
    Sec. 10.  Definitions.  For purposes of this Act:
    "Agency" means the Environmental Protection Agency.
    "Department" means the Illinois Department of Transportation.
    "Owners"  means   employers   in   the   Chicago,   Illinois   ozone nonattainment  area  who  operate stationary sources that are subject to emission reduction requirements for the post-1996 period under the Clean Air Act Amendments of 1990.

    (625 ILCS 33/15)
    Sec. 15.  Voluntary Employee Commute Options  Program.   Owners  may implement  voluntary  programs  to encourage the use of carpooling, mass transit, vanpooling, telecommuting, compressed work  weeks,  clean  fuel vehicles,  and other measures that either reduce the number of commuting trips by their employees or reduce the emissions associated  with  those commuting  trips  for the purpose of creating emission reduction credits that may be used by the owners of  stationary  sources  to  satisfy  the post-1996  emission  reduction  requirements  under  the  Clean  Air Act Amendments of 1990.

    (625 ILCS 33/20)
    Sec. 20.  Submission of programs and awarding  of  credits.   Owners may  submit  voluntary  programs  as  described  in  Section  15  to the Department for approval.  The Department, after  consultation  with  the Agency,  shall determine the appropriate emission reduction credit to be awarded to owners who carry out their programs and to  be  used  by  the owners of stationary sources to satisfy the post-1996 emission reduction
requirements  under  the  Clean  Air  Act  Amendments of 1990.  Emission reduction credits shall not be awarded to owners for programs  that  are required  under the Clean Air Act or the Environmental Protection Act or that are substantially the same as an owner's employees' existing  level of  use  of  employee  commute  options  programs.  The Department shall adjust credits to avoid duplicating the  credits  the  State  takes for similar  transportation demand management practices under the applicable State Implementation Plan.   Credits  may  be  revoked  for  failure  to achieve the reductions called for in the owner's voluntary program.

    (625 ILCS 33/25)
    Sec. 25.  Voluntary compliance.  Within 30 days after the  effective date  of this amendatory Act of 1996, the State of Illinois shall notify the United States Environmental Protection Agency to remove the mandated Employee Commute Options requirement from the State Implementation  Plan for  ozone.   The  State of Illinois shall also notify the United States Environmental Protection Agency that emissions reductions achieved  from voluntary  implementation  of  the  Voluntary  Employee  Commute Options Emission Reduction Credit Act by an  owner  are  creditable  toward  the level  of  emission reductions required under other post-1996 stationary source emission reduction programs.

    (625 ILCS 33/30)
    Sec. 30.  Rules.  The Department is authorized to adopt  rules  that may be necessary to accomplish the purposes of this Act.

    (625 ILCS 33/35)
    Sec. 35.  Review under Administrative Review Law; venue.   An  owner who does not agree with the credit awarded for his or her program, whose program is disapproved, or whose credit is revoked may seek relief under the  Administrative  Review  Law,  as  amended now or hereafter, and the rules adopted pursuant to that Law.
    Those  proceedings  for  judicial  review  of  final  administrative decisions of the Department under this Act shall  be  commenced  in  the Appellate  Court  in the District in which the party applying for review resides, but if the party is not a resident of  this  State,  the  venue shall be the Fourth Appellate District.

    (625 ILCS 33/40)
    Sec. 40.  The State Finance Act  is  amended  by  repealing  Section 5.354.

    (625 ILCS 33/45)
    Sec. 45.  The Employee Commute Options Act is repealed.

    (625 ILCS 33/50)
    Sec. 50.  (Amendatory provisions; text omitted).

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MINNESOTA - STATE OFFICE SPACE REDUCTION

Chapter Title: OFFICE OF TECHNOLOGY
Section: 16E.05
Text: 
16E.05 Government information access.

Subdivision 1. Duties. The office, in consultation with interested persons, shall:

(1) coordinate statewide efforts by units of state and local government to plan for and develop a system for providing access to government services;

(2) make recommendations to facilitate coordination and assistance of demonstration projects; and

(3) explore ways and means to improve citizen and business access to public services, including implementation of technological improvements.

Subd. 2. Approval of state agency initiatives. A state agency shall coordinate with the office when implementing a new initiative for providing electronic access to state government information.

Subd. 3. Capital investment. No state agency may propose or implement a capital investment plan for a state office building unless:

(1) the agency has developed a plan for increasing telecommuting by employees who would normally work in the building, or the agency has prepared a statement describing why such a plan is not practicable; and

(2) the plan or statement has been reviewed by the office.

HIST: 1997 c 202 art 3 s 11
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MARYLAND

Need to INSERT

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MISSOURI - TELECOMMUTING FOR AID TO FAMILIES WITH DEPENDENT CHILDREN

Chapter 208
Old Age Assistance, Aid to Dependent Children and General Relief
Section 208.339

Telecommuting employment options, office of administration, division of personnel, duties.

208.339. The office of administration, division of personnel, shall explore telecommuting employment options for aid to families with dependent children recipients.
(L. 1994 H.B. 1547 & 961 5)

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NEW JERSEY - Trip Reduction

TITLE 27        HIGHWAYS        

27:26A-3.  Definitions relative to travel demand management  


 3.  As used in this amendatory and supplementary act:

 "Alternative means of commuting" means travel between a person's place of residence and place of employment or termini near those places, other than in a motor vehicle occupied by one person. Alternative means of commuting include, but are not limited to, public transportation, car pools, van pools, bus pools, ferries, bicycling, telecommuting and walking, which may be used in conjunction with such strategies as flextime, staggered work hours, compressed work weeks and like measures.

 "Clean Air Act" means the federal Clean Air Act, as amended by Pub.L.101-549 (42 U.S.C. s. 7401 et seq.) and as subsequently amended or supplemented.

 "Commissioner" means the Commissioner of Transportation.

 "Commuter transportation benefit" means the cost to employers of providing benefits to an employee for utilizing an alternative means of commuting and the cost of providing services and facilities which would encourage or facilitate use by employees of alternative means of commuting.  The benefit shall include the costs of parking by employees at park-and-ride lots.

 "Department" means the New Jersey Department of Transportation.

 "Employee" means an employee hired or employed by the employer and who reports to the employer's work location, as specified by regulation of the department.

 "Employer" means any person, partnership, association, corporation, trust, legal representative or any organized group of persons which hires or employs employees and shall also include all public and quasi-public employers, including without limitation the United States and any of its governmental instrumentalities, the State of New Jersey and its instrumentalities and subdivisions, and all State and bi-State authorities, corporations, commissions, boards and like bodies.

 "Program" means the Travel Demand Management Program established pursuant to section 5 of P.L.1992, c.32 (C.27:26A-5) and continued pursuant to P.L.1996, c.121 (C.27:26A-4.1 et al.).

 "Transportation management association" or "TMA" means a nonprofit corporation approved by the department as coordinating transportation services, including but not limited to public transportation, van pools, car pools, bicycling and pedestrian modes, as well as strategies such as flex time, staggered work hours, and compressed work weeks, for corporations, employees, developers, individuals and other groups.

 "Travel demand management" or "TDM" means a system of actions whose purpose is to alleviate traffic-related problems through improved management of vehicle trip demand.  These actions, which are primarily directed at commuter travel, are structured to reduce the dependence on and use of single occupancy vehicles, or to alter the timing of travel to other, less congested time periods or both.

 L.1992,c.32,s.3; amended 1996, c.121, s.5.
 

27:26A-4.    Analysis of data, development of strategy 
     4. a.        To the end that the problems of traffic congestion and its attendant economic, social and environmental costs and effects shall be dealt with in a comprehensive manner, the department shall analyze already existing data related to commutation patterns, including origin-destination data; and shall engage in or analyze comprehensive traffic congestion studies in order to provide for a more complete and detailed picture of the level and sources of congestion on State highways, county and municipal roads, as well as toll bridges and toll roads. 

    b.   Based upon this analysis or study, the department shall develop a comprehensive strategy of transportation control measures to deal with congestion and air pollution problems in the State, including but not limited to placing special emphasis on the completion of "missing links" in the State highway system, use of high occupancy vehicle lanes, priority treatment of high occupancy vehicles, the adoption of traffic system management, such as improved signage, synchronization of traffic lights, resurfacing of highway pavements, the use of "intelligent vehicle" highways, the maximum possible use of public transportation and other appropriate measures to facilitate the smooth flow of traffic in the State.  No high occupancy vehicle lanes shall be established on a highway unless public transit alternatives are evaluated and marketed for that highway. 

    L.1992,c.32,s.4. 
 

27:26A-4.1.  Submission of revision of State Implementation Plan
 1. As authorized by Section 182(d)(1) of the Clean Air Act as amended by Pub.L.104-70, the Commissioner of Environmental Protection shall submit a revision of the State Implementation Plan submitted to the Environmental Protection Agency pursuant to the Clean Air Act removing provisions of the State Implementation Plan requiring employers to reduce work-related vehicle trips and miles traveled by employees.

 L.1996,c.121,s.1.
 

27:26A-4.2.  Compliance with Clean Air Act; rules, regulations; report
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NEW YORK

ADD HERE
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NORTH CAROLINA - State Employee Telecommuting Program

CHAPTER 143.  STATE DEPARTMENTS, INSTITUTIONS, AND COMMISSIONS  
ARTICLE 21B.  AIR POLLUTION CONTROL

N.C. Gen. Stat. 143-215.107C (1999)

143-215.107C. State agency goals, plans, duties, and reports

(a) As used in this section, alternative-fueled vehicle means a motor vehicle capable of operating on electricity; natural gas; propane; hydrogen; reformulated gasoline; ethanol; other alcohol fuels, separately or in mixtures of eighty-five percent (85%) or more of alcohol by volume; or fuels, other than alcohol, derived from biological materials. For purposes of this section, a vehicle that has been converted to operate on a fuel other than the fuel for which it was originally designed is not a new or replacement vehicle.

(b) It shall be the goal of the State that on and after 1 January 2004 at least seventy-five percent (75%) of the new or replacement light duty cars and trucks purchased by the State will be alternative-fueled vehicles or low emission vehicles. The Department of Administration, the Department of Transportation, and the Department of Environment and Natural Resources shall jointly develop a plan to achieve this goal and to fuel and maintain these vehicles. The Department of Administration shall report on progress in developing and implementing this plan and achieving this goal to the Environmental Review Commission on 1 September of each year beginning 1 September 2000. For purposes of this section, a light duty car or truck is one that is rated at 8,500 pounds or less Gross Vehicle Weight Rating (GVWR).

(c) The Department of Environment and Natural Resources shall report on progress in increasing the use of alternative-fueled and low emission light duty cars and trucks in privately owned fleets to the Environmental Review Commission on or before 1 October of each year beginning 1 October 2001.

(d) The Department of Administration, the Office of State Personnel, the Department of Transportation, and the Department of Environment and Natural Resources shall jointly develop and periodically update a plan to reduce vehicle miles traveled by State employees and vehicle emissions resulting from job-related travel, including commuting to and from work. The plan shall consider the use of carpooling, vanpooling, public transportation, incentives, and other appropriate strategies. The Office of State Personnel shall report on the development and implementation of the plan to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission on or before 1 October of each year beginning 1 October 2000.

(e) The Department of Transportation, the Department of Commerce, and the Department of Environment and Natural Resources shall jointly develop and periodically update a plan to reduce vehicle miles traveled by private sector employees and vehicle emissions resulting from job-related travel, including commuting to and from work. The plan shall consider the use of incentives for both private sector employees and employers, carpooling, vanpooling, public transportation, and other appropriate strategies. The Department of Transportation shall report on the development and implementation of the plan to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission on or before 1 October of each year beginning 1 October 2000.

(f) The Office of State Personnel shall implement a policy that promotes telework/telecommuting for State employees as recommended by the report of the State Auditor entitled "Establishing a Formal Telework/Telecommuting Program for State Employees" and dated October 1997. It shall be the goal of the State to reduce State employee vehicle miles traveled in commuting by twenty percent (20%) without reducing total work hours or productivity. The Office of State Personnel shall report on progress in implementing this section to the Environmental Review Commission on or before 1 October of each year beginning 1 October 2000.

HISTORY: 1999-328, ss. 4.1, 4.2, 4.5, 4.6, 4.7, 4.8.  
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OREGON - State Employee Telecommuting Program

TITLE 26.  PUBLIC FACILITIES, PURCHASING, PRINTING; ECONOMIC DEVELOPMENT  
CHAPTER 283.  INTERAGENCY SERVICES  
INFORMATION TECHNOLOGY

ORS 283.550 (1997)

283.550. Telecommuting; state policy; agencies to adopt written policies; biennial report.

   (1) As used in this section:

(a) "State agency" means any state office, department, division, bureau, board and commission, whether in the executive, legislative or judicial branch.

(b) "Telecommute" means to work from the employee's home or from an office near the employee's home, rather than from the principal place of employment.

(2) It is the policy of the State of Oregon to encourage state agencies to allow employees to telecommute when there are opportunities for improved employee performance, reduced commuting miles or agency savings.

(3) Each state agency shall adopt a written policy that:

(a) Defines specific criteria and procedures for telecommuting;

(b) Is applied consistently throughout the agency; and

(c) Requires the agency, in exercising its discretion, to consider an employee request to telecommute in relation to the agency's operating and customer needs.

(4) Each state agency that has an electronic bulletin board, home page or similar means of communication shall post the policy adopted under subsection (3) of this section on the bulletin board, home page or similar site.

(5) The Oregon Department of Administrative Services, in consultation with the Office of Energy, shall provide a biennial report to the Joint Committee on Technology, or a similar committee of the Legislative Assembly, containing at least the following:

(a) The number of employees telecommuting;

(b) The number of trips, miles and hours of travel time saved annually;

(c) A summary of efforts made by the state agency to promote and encourage telecommuting;

(d) An evaluation of the effectiveness of efforts to encourage employees to telecommute; and

(e) Such other matters as may be requested by the committee.

HISTORY: 1997 c.311 :S.1

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OREGON - Housing Standards

CHAPTER 329

HOUSE BILL 2665

1999 Ore. ALS 329; 1999 Ore. Laws 329; 1999 Ore. HB 2665

SYNOPSIS: AN ACT Relating to One and Two Family Dwelling Code. Whereas it is the policy of the State of Oregon to encourage employees of this state to telecommute when opportunities exist for improved employee performance, reduced commuting miles and agency savings; and Whereas telecommuting programs boost productivity, reduce office and real estate costs, provide employee flexibility to balance work and home life and help employers recruit valuable staff; and Whereas the Office of Energy actively promotes telecommuting in Oregon because it conserves fuel, relieves traffic congestion, improves air quality and provides economic opportunities for Oregonians regardless of geographic location; and Whereas there is increased demand for additional residential telephone lines to facilitate the use of telecommunications services in the home; and Whereas the Seventieth Legislative Assembly finds that policies encouraging telecommuting are beneficial to our state; now, therefore,

Be It Enacted by the People of the State of Oregon:

 [*1]  SECTION 1. [SECTION 2 OF THIS 1999 ACT IS ADDED TO AND MADE A PART OF ORS CHAPTER 455.]

 [*2]  SECTION 2. [THE DIRECTOR OF THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICES SHALL CONDUCT A REVIEW OF THE LATEST DEVELOPMENTS IN COMMUNICATIONS AND CABLE SERVICE TECHNOLOGY. BASED ON THE RESULTS OF THE REVIEW, THE DIRECTOR SHALL ADOPT, AMEND OR REPEAL THE STATE BUILDING CODE AS NECESSARY TO ESTABLISH VIABLE STANDARDS FOR PROVIDING ADVANCED TELECOMMUNICATIONS AND CABLE SERVICE TECHNOLOGY TO NEWLY CONSTRUCTED ONE AND TWO FAMILY DWELLINGS.]

 

TEXAS - Emissions Reduction 

HEALTH AND SAFETY CODE  
TITLE 5.  SANITATION AND ENVIRONMENTAL QUALITY  
SUBTITLE C.  AIR QUALITY  
CHAPTER 382.  CLEAN AIR ACT  
SUBCHAPTER C.  PERMITS

Tex. Health & Safety Code 382.05193 (2000)

382.05193.  Emissions Permits Through Emissions Reduction

   (a) The commission may issue a permit under Section 382.0519 for a facility:
 

   (1) that makes a good faith effort to make equipment improvements and emissions reductions necessary to meet the requirements of that section;
 

   (2) that, in spite of the effort, cannot reduce the facility's
emissions to the degree necessary for the issuance of the permit; and
 

   (3) the owner or operator of which acquires a sufficient number of emissions reduction credits to offset the facility's excessive   emissions under the program established under Subsection (b).
 

   (b) The commission by rule shall establish a program to grant emissions reduction credits to a facility if the owner or operator conducts an emissions reduction project to offset the facility's excessive emissions. To be eligible for a credit to offset a facility's emissions, the emissions reduction project must reduce emissions in the airshed, as defined by commission rule, in which the facility is located.
 

   (c) The commission by rule shall provide that an emissions reduction project must reduce net emissions from one or more sources in this state in an amount and type sufficient to prevent air pollution to a degree comparable to the amount of the reduction in the facility's emissions that would be necessary to meet the permit requirement. Qualifying emissions reduction projects must include:
 

   (1) generation of electric energy by a low-emission method, including:
 

     (A) wind power;
 

     (B) biomass gasification power; and
 

     (C) solar power;
 

   (2) the purchase and destruction of high-emission automobiles or other mobile sources;
 

   (3) the reduction of emissions from a permitted facility that emits air contaminants to a level significantly below the levels necessary to comply with the facility's permit;
 

   (4) a carpooling or alternative transportation program for the owner's or operator's employees;
 

   (5) a telecommuting program for the owner's or operator's employees; and
 

   (6) conversion of a motor vehicle fleet operated by the owner or operator to a low-sulphur fuel or an alternative fuel approved by the commission.
 

   (d) A permit issued under Section 382.0519 for a facility participating in the program established under this section must be conditioned on the successful and timely completion of the project or projects for which the facility owner or operator acquires the credits.
 

   (e) To renew the permit of a facility permitted under Section 382.0519 with credits acquired under the program established under this section, the commission shall require the owner or operator of the facility to have: 

   (1) made equipment improvements and emissions reductions necessary to meet the permit requirements under that section for a new permit; or
    (2) acquired additional credits under the program as necessary to meet the permit requirements under that section for a new permit.
 

   (f) Emissions reduction credits acquired under the program established under this section are not transferable.
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WASHINGTON - Trip Reduction Program

TITLE 28B.  HIGHER EDUCATION  
CHAPTER 28B.130.  TRANSPORTATION DEMAND MANAGEMENT PROGRAMS

Rev. Code Wash. (ARCW) 28B.130.005 (1999)

28B.130.005. Findings -- Intent

   Transportation demand management strategies that reduce the number of vehicles on Washington state's highways, roads, and streets, and provide attractive and effective alternatives to single-occupancy travel, can improve ambient air quality, conserve fossil fuels, and forestall the need for capital improvements to the state's transportation system. The legislature has required many public and private employers in the state's largest counties to implement transportation demand management programs to reduce the number of single-occupant vehicle travelers during the morning and evening rush hours, and has provided substantial funding for the University of Washington's UPASS program, which has been immensely successful in its first two years of implementation. The legislature finds that additional transportation demand management strategies are required to mitigate the adverse social, environmental, and economic effects of auto dependency and traffic congestion. While expensive capital improvements, including dedicated busways and commuter rail systems, may be necessary to improve the region's mobility, they are only part of the solution. All public and private entities that attract single-occupant vehicle drivers must develop imaginative and cost-effective ways to encourage walking, bicycling, carpooling, vanpooling, bus riding, and telecommuting. It is the intent of the legislature to revise those portions of state law that inhibit the application of imaginative solutions to the state's transportation mobility problems, and to encourage many more public and private institutions of higher learning to adopt effective transportation demand management strategies.
 

   The legislature finds further that many of the institutions of higher education in the state's largest counties are responsible for significant numbers of single-occupant vehicle trips to and from their campuses. These single-occupant vehicle trips are not only contributing to the degradation of the state's environment and deterioration of its transportation system, but are also usurping parking spaces from surrounding residential communities because existing parking facilities cannot accommodate students' current demand. Therefore, it is the intent of the legislature to permit these institutions to develop and fund transportation demand management programs that reduce single-occupant vehicle travel and promote alternatives to single-occupant vehicle driving. The legislature encourages institutions of higher education to include faculty and staff in their transportation demand management programs.

HISTORY: 1993 c 447 1.

WASHINGTON - Trip Reduction Program

TITLE 28B.  HIGHER EDUCATION  
CHAPTER 28B.130.  TRANSPORTATION DEMAND MANAGEMENT PROGRAMS

Rev. Code Wash. (ARCW) 28B.130.030 (1999)

28B.130.030. Use of transportation fees

   Transportation fees shall be spent only on activities directly related to the institution of higher education's transportation demand management program. These may include, but are not limited to the following activities: Transit, carpool, and vanpool subsidies; ridesharing programs, and program advertising for carpools, vanpools, and transit service; guaranteed ride-home and telecommuting programs; and bicycle storage facilities. Funds may be spent on capital or operating costs incurred in the implementation of any of these strategies, and may be also used to contract with local or regional transit agencies for transportation services. Funds may be used for existing programs if they are incorporated into the campus transportation demand management program.
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WASHINGTON - Tax Policy

TITLE 82.  EXCISE TAXES  
CHAPTER 82.04.  BUSINESS AND OCCUPATION TAX

Rev. Code Wash. (ARCW) 82.04.4453 (1999)

82.04.4453. Credit -- Ride-sharing, public transportation, or nonmotorized commuting incentives -- Penalty -- Report to legislature. (Expires December 31, 2000.)

   (1) (a) Employers in this state who are taxable under this chapter and provide financial incentives to their employees for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, 2006, shall be allowed a credit for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per employee per year. The credit shall be equal to the amount paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year.

   (b) Property managers who are taxable under this chapter and provide financial incentives to persons employed at a worksite managed by the property manager in this state for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, 2006, shall be allowed a credit for amounts paid to or on behalf of these persons for ride sharing in vehicles carrying two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per person per year. A person may not take a credit under this section for amounts claimed for credit by other persons.

   (c) For ride sharing in vehicles carrying two persons, the credit shall be equal to the amount paid to or on behalf of each employee multiplied by thirty percent, but may not exceed sixty dollars per employee per year. The credit may not exceed the amount of tax that would otherwise be due under this chapter.

(2) Application for tax credit under this chapter may only be made in the form and manner prescribed in rules adopted by the department.

(3) The credit shall be taken not more than once quarterly and not less than once annually against taxes due for the same calendar year in which the amounts for which credit is claimed were paid to or on behalf of employees for ride sharing, for using public transportation, or for using nonmotorized commuting and must be claimed by the due date of the last tax return for the calendar year in which the payment is made.

(4) The director shall on the 25th of February, May, August, and November of each year advise the state treasurer of the amount of credit taken during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.

(5) On the first of April, July, October, and January of each year, the state treasurer based upon information provided by the department shall deposit to the general fund a sum equal to the dollar amount of the credit provided under subsection (1) of this section from the air pollution control account, the transportation account, and the public transportation systems account. The first draw on reimbursements to the general fund must be from the air pollution control account, and reimbursements must not exceed one and one-half million dollars in any calendar year for the tax credits claimed under RCW 82.04.4453 and 82.16.048. Reimbursements to the general fund in excess of that amount drawn from the air pollution control account must be drawn, subject to appropriation, in equal amounts from the transportation account and the public transportation systems account; but in no case may those amounts exceed three hundred seventy-five thousand dollars from each account in any calendar year.

(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its ongoing evaluation of the commute trip reduction law and report to the legislative transportation committee and to the fiscal committees of the house of representatives and the senate. The report shall include information on the amount of tax credits claimed to date and recommendations on future funding for the tax credit program. The report shall be incorporated into the recommendations required in RCW 70.94.537(5).

(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.

(8) A person may not receive credit for amounts paid to or on behalf of the same employee under both this section and RCW 82.16.048.

HISTORY: 1999 c 402 1; 1996 c 128 1; 1994 c 270 2.

NOTES:
EFFECTIVE DATE -- EXPIRATION DATE -- 1996 C 128: "(1) This act takes effect July 1, 1996.
   (2) This act expires December 31, 2000." [1996 c 128 7.]
 

FINDING -- 1994 C 270: "Transportation demand strategies that reduce the number of vehicles on Washington state's highways, roads, and streets, and provide attractive and effective alternatives to single-occupancy travel can improve ambient air quality, conserve fossil fuels, and forestall the need for capital improvements to the state's transportation system. The legislature has required many public and private employers in the state's largest counties to implement transportation demand management programs to reduce the number of single-occupant vehicle travelers during the morning and evening rush hours. The legislature finds that additional transportation demand management strategies are necessary to mitigate the adverse social, environmental, and economic effects of automobile dependency and traffic congestion. While expensive capital improvements, including dedicated busways and commuter rail systems, may be necessary to improve the region's mobility, they are only part of the solution. All public and private entities that attract single-occupant vehicle drivers must develop imaginative and cost-effective ways to encourage walking, bicycling, carpooling, vanpooling, bus riding, and telecommuting. It is the intent of the legislature to revise those portions of state law that inhibit the application of imaginative solutions to the state's transportation mobility problems and to encourage many more public and private employers to adopt effective transportation demand management strategies." [1994 c 270 1.]
 

EXPIRATION DATE -- 1994 C 270: "This act shall expire December 31, 2000." [1996 c 128 6; 1994 c 270 6.]
 

EFFECT OF AMENDMENTS.
   1999 c 402 1, effective July 25, 1999, rewrote (1) and (5); and in (6), deleted "no later than December 1, 1997" following "law and report" in the first sentence, and added the last sentence.

 

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