Tucson Code Travel Reduction Ordinance

PART II TUCSON CODE

Chapter 29 ENERGY AND ENVIRONMENT

ARTICLE I. GENERAL PROVISIONS

Sec. 29-1. Short title.

Articles I through VII of this chapter shall be known at the "Travel Reduction Ordinance."

(Ord. No. 6914, § 1, 3-28-88)

Sec. 29-2. Purpose.

The purpose of articles I through VII of this chapter, recognizing that motor vehicles are the single greatest contributor to air pollution, is to improve air quality and reduce traffic congestion in the city, county by increasing alternate mode usage and reducing overall motor vehicle travel for commute trips. This chapter shall establish a basis for a cooperative effort of the local jurisdictions to achieve a uniform program for reduction of work related trips by employees working for major employers subject to this regulation.

(Ord. No. 6914, § 1, 3-28-88)

ARTICLE II. DEFINITIONS

Sec. 29-3. Definitions.

Airshed means that area delineated on the map immediately following this section [not printed herein].

Alternate mode means any mode of commute transportation other than the single-occupancy motor vehicle.

Approvable travel reduction plan means a plan submitted by a major employer that meets the requirements as set forth in article V of this chapter.

Carpool or vanpool means two (2) or more persons traveling in a light-duty vehicle (car, truck or van) to or from work.

Commute trip means a trip taken by a employee to or from work within the airshed.

Commuter matching service means any system, whether it uses computer or manual methods, which assists in matching employees for the purpose of sharing rides to reduce drive-alone travel.

Employer means a sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, either public or private, that employs workers. See also "major employer" and "voluntary employer."

Full-time equivalent (FTE) employees means the number of employees an employer would have if the employer's work needs were satisfied by employees working forty-hour workweeks. The number of full-time equivalent employees for any employer is calculated by dividing the total number of annual work hours paid by the employer by 2080.

Local jurisdictions includes Pima County, City of Tucson, Town of Marana, Town of Oro Valley and City of South Tucson.

Major employer means an employer who employs one hundred (100) or more full-time equivalent employees at a work site during a twenty-four-hour period for at least six (6) months during the year.

Mode means the type of conveyance used in transportation, including single-occupancy motor vehicle, rideshare vehicle (carpool or vanpool), transit, bicycle, and walking.

Motor vehicle means any vehicle propelled by a motor, including car, van, bus, motorcycle, and all other motorized vehicles.

Public agency means any political subdivision of this state and any board, commission or agency thereof.

Public interest group means any nonprofit group whose purpose is to further the welfare of the community.

Regional program means the combination of all implemented plans within the airshed combination.

Ridesharing means transportation of more than one (1) person for commute purposes, in a motor vehicle, with or without the assistance of a commuter matching service.

Transit means a bus or other public conveyance system.

Transportation coordinator means a person designated by an employer, property manager or transportation management association as the lead person in developing and implementing a travel reduction plan.

Transportation management association (TMA) means a group of employers or associations formally organized to seek solutions for transportation problems experienced by the group.

Travel reduction plan means a written report outlining travel reduction measures which will be submitted annually by each major employer.

Travel reduction program means a program, implementing a travel reduction plan by an employer, designed to achieve a predetermined level of travel reduction through various incentives and disincentives.

Travel reduction program regional task force means that task force established pursuant to the intergovernmental agreement entered into by the local jurisdictions in March, 1988.

Vanpool: See "Carpool."

Vehicle miles traveled (VMT) means the number of miles traveled by motor vehicle for commute trips.

Vehicle occupancy means the number of occupants in a motor vehicle, including the driver.

Work site means a building or any grouping of buildings located within the city which 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 operated by the same employer.

(Ord. No. 6914, § 1, 3-28-88)

Sec. 29-4. Abbreviations.
 

As utilized in articles I through VII of this chapter, the following abbreviations shall have the indicated meanings:

PAG: Pima Association of Governments

TMA: Transportation Management Association

TRO: Travel Reduction Ordinance

TRP: Travel Reduction Program

VMT: Vehicle Miles Traveled

(Ord. No. 6914, § 1, 3-28-88)

ARTICLE III. DEPARTMENT OF TRANSPORTATION AS LEAD AGENCY

Sec. 29-5. Powers and duties.

(a) The department of transportation, as lead agency for the city, shall evaluate major employers' TRP plans received from the TRP task force. The department of transportation shall have thirty (30) days to object to any such plan received, otherwise the plan is automatically approved. Any such objection shall be based upon the criteria set forth in article V of this chapter. If the department of transportation objects, the plan is not approved and shall be returned to the TRP task force with appropriate comments for review and revision in consultation with the employer.

(b) The department of transportation shall receive recommendations for enforcement from the TRP task force. The department of transportation shall determine when enforcement action is appropriate and shall take such action as it deems necessary.

(Ord. No. 6914, § 1, 3-28-88)

ARTICLE IV. APPLICABILITY

Sec. 29-6. Applicability to major employers.

The provisions of this chapter shall apply to all major employers.

(Ord. No. 6914, § 1, 3-28-88)

Sec. 29-7. Voluntary participation.

Employers or groups of employers with less than one hundred (100) full-time equivalent employees at a single work site are encouraged to participate in data collection and information dissemination efforts and in the preparation of their own travel reduction plans on a voluntary basis. These groups shall be assisted by the TRP task force, the TRP technical advisory committee and TRP staff, and shall be eligible for participation in all programs and services. Groups of employers are encouraged to form transportation management associations.

(Ord. No. 6914, § 1, 3-28-88)

ARTICLE V. REQUIREMENTS FOR EMPLOYERS

Sec. 29-8. Requirements for major employers.

In each year of the regional program, each major employer shall:

(a) Provide each regular employee with information on alternate mode options and travel reduction measures, including but not limited to Sun Tran bus routes and schedules, the RideShare program, and bicycle routes. This information shall also be provided to new employees at the time of hiring.

(b) Participate in a survey and reporting effort as directed by the TRP task force and as scheduled by TRP staff. The results of this survey shall form a baseline against which attainment of the targets in paragraph (e) of this section shall be measured, as follows:

(1) The baseline for participating in alternative modes of transportation shall be based on the total number of employees.

(2) The baseline for VMT shall be the average VMT per employee for employees not residing on the work site.

(c) Prepare a travel reduction plan for submittal to TRP staff and presentation to the TRP task force. TRP staff will assist in preparing the plan. Major employers shall submit plans within nine (9) weeks after they receive survey data results. The plan shall contain the following elements:

(1) The name of the designated transportation coordinator.

(2) A description of employee information programs and other travel reduction measures which have been completed in the previous year.

(3) A description of travel reduction measures to be undertaken by the major employer in the coming year. The following measures may be included:

a. A commuter matching service, in addition to or coordinated with PAG's RideShare program, to facilitate employee ridesharing for work trips.

b. Provisions of vans for vanpooling.

c. Subsidized carpooling or vanpooling which may include payment for fuel, insurance or parking.

d. Use of company vehicles for carpooling.

e. Provision of preferential parking for carpool or vanpool users which may include close-in parking or covered parking facilities.

f. Cooperation with Sun Tran or other transportation providers to provide additional regular or express service buses to the work site.

g. Subsidized bus fares.

h. Construction of special loading and unloading facilities for transit and carpool and vanpool users.

i. Cooperation with local jurisdictions to construct walkways or bicycle routes to the work site.

j. Provision of bicycle racks, lockers and showers for employees who walk or bicycle to and from work.

k. Provision of a special information center where information on alternate modes and other travel reduction measures will be available.

l. Establishment of a work-at-home program, full- or part-time, for employees.

m. Establishment of a program of adjusted work hours which may include compressed work weeks and employee-selected starting and stopping hours. Work hour adjustments should not interfere with or discourage the use of ridesharing and transit.

n. Establishment of a program of parking incentives and disincentives; such as a fee for parking and/or a "rebate" for employees who do not use the parking facility.

o. Incentives to encourage employees to live closer to work.

p. Implementation of other measures designed to reduce commute trips such as the provision of day care facilities or emergency taxi services.

(d) An approvable travel reduction plan shall meet all 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 who 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.

ARTICLE VI. VARIANCES AND APPEALS

Sec. 29-9. Variances.

(a) The TRP task force shall serve as a hearing board for major employers requesting variances from all or part of TRP ordinance requirements and/or travel reduction plan scheduling.

(b) Any major employer wishing a variance from any of the requirements of this chapter shall make written application to the TRP task force which will determine whether to recommend the variance. The recommendation will be forwarded to the department of transportation which will or will not authorize the variance. Request for variances shall be finally approved or disapproved within ninety (90) days of the filing of a request by an employer.

(Ord. No. 6914, § 1, 3-28-88)

Sec. 29-10. Appeals.
 

(a) Any major employer or other interested person may appeal a decision of the department of transportation to authorize or withhold variances or a decision of the department of transportation regarding enforcement or other provisions of this ordinance [articles I--VII of this chapter].

(b) The mayor and council will hear and decide the appeal. If their decision is to disapprove the plan, the plan shall be returned to the TRP task force for review and revision or to the department of transportation for appropriate action.

(Ord. No. 6914, § 1, 3-28-88)

ARTICLE VII. ENFORCEMENT

Sec. 29-11. Violations.

(a) The department of transportation, upon determining a substantial violation of this ordinance [articles I--VII of this chapter], shall request the city attorney to take appropriate legal action.

(b) Violations of any of the following requirements may subject a major employer to increased civil penalties:

(1) Failure to collect or supply information requested by the TRP task force.

(2) Failure to disseminate information on alternate modes and other travel reduction measures as specified herein.

(3) Failure to designate a transportation coordinator.

(4) Failure to submit an approvable travel reduction plan.

(5) Failure to implement an approved plan within the time schedule provided or failure to perform a revision of a plan as required by the TRP task force.

(c) Failure by a major employer to meet travel reduction goals as defined in section 29-8(e) shall not constitute a violation provided that the major employer is attempting in good faith to meet the goals.

(d) Except as provided above any violation of the requirements of this chapter shall be a civil infraction.

(Ord. No. 6914, § 1, 3-28-88)