D.C. Mun. Regs. tit. 7, r. 7-3309

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 7-3309 - CLEAN-AIR TRANSPORTATION FRINGE BENEFIT: TRANSPORTATION DEMAND MANAGEMENT PLAN REQURIEMENTS

3309.1

To comply with § 3307.1(c), a covered employer shall submit to DDOT a proposed transportation demand management (TDM) plan, in a format provided by DDOT, which includes the following information:

(a) The total number of employees at work locations within the District;

(b) The number of employees currently receiving parking benefits subject to this chapter;

(c) Results of a survey of the commute modes used by its employees, to include driving, carpooling, for-hire vehicles, public transportation, walking, and biking, that has been conducted in a manner acceptable to DDOT. For covered employers with:

(1) Fewer than fifty (50) employees, survey results must comprise responses from at least ninety percent (90%) of employees;

(2) Between fifty (50) and ninety-nine (99) employees, survey results must comprise responses from at least eighty-four percent (84%) of employees;

(3) Between one hundred (100) and two hundred and forty-nine (249) employees, survey results must comprise responses from at least seventy percent (70%) of employees;

(4) Between two hundred and fifty (250) and four hundred and ninety-nine (499) employees, survey results must comprise responses from at least fifty percent (50%) of employees;

(5) Between five hundred (500) and nine hundred and ninety-nine (999) employees, survey results must comprise responses from at least thirty-seven percent (37%) of employees

(6) One thousand (1000) employees or more, survey results must comprise responses from at least twenty percent (20%) of employees.

(d) A plan that lists reasonable strategies and a timeline for reducing the number of employees' commuter trips made by car by at least 10% from the previous year, until 25% or less of employees' commuter trips are made by car, including for-hire vehicles; and

(e) Any other information DDOT deems necessary to evaluate the feasibility of a proposed TDM plan.

3309.2

DDOT shall review a submitted TDM plan and provide the covered employer with a determination within sixty (60) calendar days of receipt.

3309.3

If DDOT determines that the proposed TDM plan meets the requirements of this section, DDOT shall approve the proposed TDM plan.

3309.4

Within ninety (90) calendar days of the approval of its TDM plan, a covered employer shall provide DDOT with evidence demonstrating the employer's implementation of the plan in accordance with § 3307.1(c). Satisfactory evidence may include proof of enrollment in WMATA's Smart Benefits program, or an employer's notifications to its employees concerning transit options and benefits.

3309.5

If DDOT determines that a proposed TDM plan does not meet the requirements of this section, DDOT shall provide the covered employer with a notice of disapproval that includes a brief description of the deficiencies in the plan, and an opportunity to amend and resubmit the proposed TDM plan within thirty (30) calendar days of the issuance of the notice.

3309.6

If DDOT determines that a proposed TDM plan that has been amended and resubmitted in accordance with § 3309.5 fails to meet the requirements of this section, the covered employer shall:

(a) Begin offering a Clean-air Transportation Fringe Benefit to employees; or

(b) Begin paying the Clean Air Compliance fee in accordance with § 3307.1(b).

3309.7

By January 15 of each year, a covered employer with an approved TDM plan shall submit to DDOT an annual data report, on a form provided by DDOT, on the actual commute mode share of the covered employer's employees during the previous calendar year.

3309.8

DDOT shall audit a covered employer's compliance with its approved TDM plan annually.

3309.9

If DDOT determines that a covered employer has failed to comply with its approved TDM plan, the covered employer shall have an additional one hundred and eighty (180) calendar days to comply with the requirements of the TDM plan for the previous year.

3309.10

A covered employer who submits a proposed TDM plan pursuant to this section shall not be subject to the requirements in § 3307.1 unless DDOT informs the covered employer that:

(a) A proposed TDM plan that was amended and resubmitted in accordance with § 3309.5 failed to meet the requirements of this section;

(b) The covered employer failed to submit an annual data report as required by § 3309.7;

(c) After one hundred eighty (180) calendar days granted pursuant to § 3309.9, the covered employer failed to comply with its approved TDM plan for the previous year; or

(d) The covered employer failed to implement an approved TDM plan within ninety (90) calendar days of written approval from DDOT.

D.C. Mun. Regs. tit. 7, r. 7-3309

Final Rulemaking published at 69 DCR 1547 (2/25/2022)