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Substitute Senate Bill No. 94

PUBLIC ACT NO. 96-223

AN ACT ESTABLISHING A VOLUNTARY TRAFFIC REDUCTION PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 13b-38o of the general statutes, as amended by section 36 of public act 95-79, is repealed and the following is substituted in lieu thereof:

For the purposes of sections 13b-38o 13b-38p, 13b-38t,13b-38v [to 13b-38y,] AND 13b-38x, [inclusive,] the following definitions shall apply unless otherwise provided by federal law or regulation:

(1) "Affected employer" means an employer, or its successor, which employs one hundred or more employees at a work location located in a severe nonattainment area [which is required to register pursuant to sections 13b-38o to 13b-38y, inclusive, and any employer, or its successor, which voluntarily registers any other work location located within or outside the severe nonattainment area.] For the purposes of this subdivision the number of employees shall be the average number of employees per work location during the preceding twelve months; [(2) "Average passenger occupancy" means the average occupancy of vehicles commuting to an affected employer's work location during peak travel periods, as calculated by the formula or methodology established in the regulations adopted pursuant to section 13b-38x; (3) "Average vehicle occupancy" means the average occupancy of vehicles commuting to work during peak travel periods, in the severe nonattainment area as determined by the department pursuant to section 13b-38q; (4)] (2) "Clean Air Act" means the federal Clean Air Act, 42 USC Section 7401 et seq., as may from time to time be amended; [(5) "Compliance plan" means the plan required to be submitted by section 13b-38p; (6) "Compliance report" means the report submitted to the Commissioner of Transportation pursuant to subsection (h) of section 13b-38p;] [(7)] (3) "Employee" means any person employed by, or who enters into a direct contract for services with, an employer for eighty or more hours per twenty-eight-day period in a full-time or part-time position, who reports to the employer's work location and either (A) is assigned primarily to such employer's work location or (B) uses a mode of transportation to perform such person's job responsibilities other than the vehicle in which such person commuted to the employer's work location; [(8)] (4) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, the state, any political subdivision of the state, any governmental agency, or any other entity which employs persons; [(9) "Maintenance plan" means a plan submitted to the Commissioner of Transportation by an affected employer pursuant to subsection (i) of section 13b-38p; (10) "Peak travel period" means the time period from six a.m. to ten a.m. each day Monday through Friday, excluding holidays or any time period between five a.m. and eleven a.m., during which at least eighty-five per cent of the commute trips occur, as determined, in regulations, from time to time by the Commissioner of Transportation, in compliance with the Clean Air Act; (11) "Regional planning agency" means an agency organized under the provisions of chapter 127; (12) "Revised compliance plan" means a compliance plan submitted to the Commissioner of Transportation in accordance with the provisions of subsection (i) of section 13b-38p;] [(13)] (5) "Severe nonattainment area" means the geographic area in Connecticut designated as such by the federal Environmental Protection Agency pursuant to the Clean Air Act; [(14) "Target average passenger occupancy" means an average passenger occupancy which is not less than twenty-five per cent above the average vehicle occupancy established by the department under section 13b-38q;] (6) "TRAFFIC REDUCTION PROGRAM" MEANS A PROGRAM ESTABLISHED UNDER SECTION 13b-38p, AS AMENDED BY SECTION 2 OF THIS ACT, IN WHICH ANY AFFECTED EMPLOYER MAY PARTICIPATE [(15)] (7) "Work location" means a site, building, group of buildings or set of contiguous buildings or portion thereof, under the ownership, operation or control of an affected employer where employees perform work.

Sec. 2. Section 13b-38p of the general statutes is repealed and the following is substituted in lieu thereof:

[(a) There is hereby established a state-wide traffic management program to meet the requirements of the Clean Air Act. The program shall require that affected employers comply with the provisions of sections 13b-38o to 13b-38y, inclusive.

(b) The Labor Department shall by February 1, 1993, provide the Department of Transportation with a mailing list of all affected employers in this state. The Labor Department shall on February 1, 1994, and on February first annually thereafter, submit a list to the Department of Transportation containing the names of all affected employers moving into this state or employers who have increased the number of their employees to one hundred or more since the Labor Department's previous submission to the Department of Transportation. The Department of Transportation shall by March 1, 1993, prepare a notice and registration form to be mailed to each affected employer in the state. The notice shall inform each affected employer that he is required to complete the enclosed registration form and submit the form to the Department of Transportation. The registration form shall contain the following information: (1) The name and address of the affected employer; (2) the title and address of a designated contact person to receive all additional information and forms and (3) the address of each work location employing one hundred or more employees. The registration form shall be mailed to the Department of Transportation within sixty days of its receipt. Each affected employer, notwithstanding whether such employer has received a notice and registration form from the Department of Transportation, shall provide the Department of Transportation with the information required pursuant to this subsection. The Commissioner of Transportation shall establish the time schedules within which an affected employer which does not receive a registration form or an employer which becomes an affected employer after March 1, 1993, shall provide the department with the required registration information.

(c) The Department of Transportation shall, on and after March 1, 1993, cause an informational notice concerning the registration requirement to be published in eight newspapers having substantial circulation in various parts of the state at least three times not less than two weeks apart. The newspaper notice shall contain the date by which the registration form is required to be submitted to the Department of Transportation by every affected employer.

(d) The Department of Transportation shall provide each affected employer with a transportation management package in accordance with the following time schedule: (1) Employers who employ five hundred or more employees at a work location on or before June 1, 1993; (2) employers who employ two hundred or more but less than five hundred employees at a work location on or before August 1, 1993; and (3) employers who employ one hundred or more but less than two hundred employees at a work location on or before October 1, 1993. The transportation management package shall include an informational notice which shall include the average vehicle occupancy as determined pursuant to section 13b-38r, survey forms, a list containing the name and address of a designated contact at each regional planning agency, as defined in section 13b-38o and a transportation management manual. The notice shall contain instructions to the affected employer concerning his responsibilities under sections 13b-38o to 13b-38y, inclusive, and inform the affected employer of his responsibility to conduct a survey, using the forms provided by the department of transportation, of employees' commutation patterns. Such survey shall include a determination of the number of vehicles entering or leaving the work location during peak periods. The survey shall, except for affected employers with more than one thousand employees, include all employees who report to work during peak travel periods and shall: (A) Be written in plain language and in a manner to assist in the achievement of a seventy-five per cent response rate; (B) contain questions which shall, to the greatest extent possible, contain multiple choice answers; and (C) have a minimum response rate of seventy-five per cent of all employees who report to work during the peak period. Affected employers who do not achieve a seventy-five per cent response rate pursuant to subparagraph (C) of this subsection shall calculate any nonrespondent as having reported to work in a single occupancy vehicle. Affected employers with more than one thousand employees at a work location may survey a random subset of its employees pursuant to the requirements of subparagraphs (A), (B) and (C) of this subsection. The random subset shall be selected for surveying, as provided in regulations adopted pursuant to section 13b-38x. The results of the survey shall also include the name and address of the employer and the name and title of the designated contact person who was responsible for conducting the survey. The results of the survey shall be returned to the Department of Transportation or a regional planning agency, as determined by the department, as a part of the compliance plan required pursuant to sections 13b-38o to 13b-38y, inclusive.

(e) Each affected employer shall prepare and submit a compliance plan which shall conform to the requirements of sections 13b-38o to 13b-38y, inclusive. The transportation management manual provided, pursuant to subsection (d) of this section, by the Department of Transportation shall contain a sample compliance plan and instruction on how to prepare a plan and obtain technical information and implementation support. The plan shall include but not be limited to the following: (1) A summary of the results of the survey taken pursuant to subsection (d) of this section, including a description of the method used to take the survey and the current average passenger occupancy at each work location. Average passenger occupancy shall be computed as provided in a formula established in regulations adopted pursuant to section 13b-38x; (2) a list and description of transportation management programs, as defined in section 13b-38a, presently used by the affected employer; (3) a list and description of any other transportation management programs currently used by the employer to reduce traffic congestion and air pollution, including telecommuting or compressed work weeks; (4) a list and description of additional transportation management programs to be implemented and a schedule for implementation; (5) a list and description of any transportation management program under which the affected employer provides or intends to provide commuter benefits or allowances; (6) a statement by the affected employer containing the estimated costs to such employer to implement the plan; (7) a work location analysis describing the physical characteristics of the work location, including transportation facilities, location, square footage, number of parking spaces and their distribution throughout the work location and access to major highway and mass transit facilities; (8) monitoring techniques to be used by the affected employer, including a statement of how and the means by which the affected employer intends to monitor the program including employee surveys, vehicle counts, employee transportation coordination data and regional ride-share organizational data and (9) the name, title and signature of the person preparing the plan who shall attest under oath to the correctness of the information supplied. Each affected employer's compliance plan shall convincingly demonstrate to the department of transportation that the affected employer will achieve an average passenger occupancy equal to or greater than the target average passenger occupancy by a date not later than two years after the date such employer's compliance plan is required to be submitted under subsection (f) of this section. If the affected employer's average passenger occupancy is equal to or greater than the target average passenger occupancy, such affected employer shall thereafter only be required to submit a maintenance plan which convincingly demonstrates that it will maintain an average passenger occupancy equal to or greater than the target average passenger occupancy. Any affected employer with more than one work location which is required to be registered under this section may demonstrate achievement of the target average passenger occupancy from all of its registered work locations by using the combined average passenger occupancy weighted by the number of employees at each work location.

(f) The compliance plan shall be submitted to the Department of Transportation along with the appropriate filing fees, as provided in section 13b-38w, pursuant to the following time schedule: (1) Employers who employ five hundred or more employees at a work location, on or before June 1, 1994; (2) employers who employ two hundred or more but less than five hundred employees at a work location, on or before July 1, 1994; and (3) employers who employ one hundred or more but less than two hundred employees at a work location, on or before September 1, 1994. The Department of Transportation may forward the submitted plans to the appropriate regional planning agency for review and approval. The Department of Transportation or, if designated by the department, a regional planning agency shall review and approve the plans based upon standards established by the department in regulations adopted pursuant to section 13b-38x.

(g) The Department of Transportation or if designated by the department a regional planning agency shall, within one hundred twenty days of receiving the compliance plan, evaluate each submitted plan for completeness, accuracy and its ability to convincingly demonstrate achievement of the target average passenger occupancy. If the department or the regional planning agency determines that a plan is either incomplete or does not convincingly demonstrate an ability to achieve the target average passenger occupancy rate, the department or the regional planning agency shall provide the affected employer with notice and a description of the plan's defects and the information required to remedy the defects. An incomplete or deficient plan shall be corrected and resubmitted by the affected employer within sixty days of its return. A plan not returned by the department or the regional planning agency within the one-hundred-twenty-day period shall be deemed approved.

(h) Within two years after the date on which an original compliance plan is submitted, but not later than November 15, 1996, each affected employer shall submit to the Department of Transportation a compliance report detailing the progress made toward reaching or in maintaining the target average passenger occupancy. The report shall contain information as required by the Department of Transportation and shall be submitted in accordance with a time schedule required by the department.

(i) (1) If a compliance report indicates that an affected employer has not achieved, or is not maintaining the target average passenger occupancy, the affected employer shall submit a revised compliance plan which shall convincingly demonstrate that the target average passenger occupancy will be achieved within twelve months after the revised compliance plan is submitted. The revised compliance plan shall contain information as required by the Department of Transportation and shall be submitted to the department or if designated by the department a regional planning agency in accordance with a time schedule required by the department. (2) If a compliance report indicates that an affected employer has achieved, and is maintaining the target average passenger occupancy, the affected employer shall submit a maintenance plan which shall convincingly demonstrate that the target average passenger occupancy will be maintained for two years after the maintenance plan is submitted. The maintenance plan shall contain information as required by the Department of Transportation and shall be submitted to the department or if designated by the department a regional planning agency in accordance with a time schedule required by the department.] THERE IS HEREBY ESTABLISHED A VOLUNTARY TRAFFIC REDUCTION PROGRAM IN ORDER TO ACHIEVE THE GOALS OF THE CLEAN AIR ACT. ANY AFFECTED EMPLOYER WHICH ELECTS TO PARTICIPATE IN SUCH PROGRAM SHALL SUBMIT A PLAN AND AN ANNUAL UPDATE TO THE COMMISSIONER OF TRANSPORTATION. SUCH PLAN SHALL DESCRIBE THE MEASURES TO BE IMPLEMENTED TO REDUCE SINGLE OCCUPANCY VEHICLE TRIPS TO AND FROM THE WORK LOCATION OF SUCH EMPLOYER AND TO RELIEVE TRAFFIC CONGESTION. ANY SUCH AFFECTED EMPLOYER WHICH ELECTS TO PARTICIPATE IN THE PROGRAM SHALL BE ELIGIBLE FOR A TAX CREDIT PURSUANT TO THE PROVISIONS OF SECTION 12-217s, AS AMENDED BY SECTION 6 OF THIS ACT, AND ASSISTANCE PURSUANT TO SECTION 13b-38v, AS AMENDED BY SECTION 4 OF THIS ACT, PROVIDED SUCH PLAN HAS BEEN APPROVED BY THE COMMISSIONER.

Sec. 3. Section 13b-38t of the general statutes is repealed and the following is substituted in lieu thereof:

The Labor Commissioner shall, upon request of the Commissioner of Transportation, supply such information as is necessary to assist the Department of Transportation in carrying out its responsibilities under [sections 13b-38o to 13b-38y, inclusive] SECTION 13b-38p, AS AMENDED BY SECTION 2 OF THIS ACT, AND THE CLEAN AIR ACT.

Sec. 4. Section 13b-38v of the general statutes, as amended by section 1 of public act 95-287, is repealed and the following is substituted in lieu thereof:

Any moneys received by the state pursuant to a congestion mitigation and air quality grant under the Intermodal Surface Transportation Efficiency Act of 1991 shall be credited to the Special Transportation Fund, established pursuant to section 13b-68. Such moneys shall be expended as follows: (1) Not less than seventy per cent of the total amount of such moneys received by the state pursuant to said grant prior to the fiscal year ending June 30, 1995, and not less than sixty per cent of such funds received prior to the fiscal year ending June 30, 1998, shall be expended on eligible projects in the severe nonattainment area to accomplish the mandates of the Clean Air Act. Such expenditures shall include, but not be limited to: (A) Providing technical information to affected employers PARTICIPATING IN THE TRAFFIC REDUCTION PROGRAM, (B) providing support and assistance to affected employers PARTICIPATING IN THE TRAFFIC REDUCTION PROGRAM in developing and implementing a [compliance] TRAFFIC REDUCTION plan or (C) expenditures which reflect the needs identified by employers in their [compliance] TRAFFIC REDUCTION plans submitted pursuant to [sections 13b-38o to 13b-38y, inclusive] SECTION 13b-38p, AS AMENDED BY SECTION 2 OF THIS ACT. Not less than ten per cent of such funds allocated under this subdivision shall be expended on projects to increase the availability of parking at railroad stations along the New Haven commuter railroad line, and (2) not less than twenty-five per cent of the total amount of such moneys received by the state pursuant to said grant prior to the fiscal year ending June 30, 1998, shall be expended on eligible projects to accomplish the [mandates] GOALS of SECTION 13b-38p, AS AMENDED BY SECTION 2 OF THIS ACT, AND the Clean Air Act which shall include BUT NOT BE LIMITED TO: (A) [Transportation management plans] TRAFFIC REDUCTION PROGRAMS or activities, (B) vanpool and shuttle service, (C) electric vehicle demonstrations, (D) programs guaranteeing rides home for transit AND VANPOOL users, (E) the conversion of vehicles to alternative fuel vehicles, as defined in section 12-217i, (F) shuttle connections to rail or express bus service, (G) planning for transit-oriented development, (H) facilities for pedestrians or other nonmotorized means of transportation and (I) signal modifications to provide priority to buses.

Sec. 5. Section 13b-38x of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Transportation, in consultation with the [Labor Commissioner and the] Commissioner of Environmental Protection, shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of [sections 13b-38o to 13b-38y, inclusive. The regulations shall include, but not be limited to the following: (1) The requirements for the submission of a consolidated plan by several employers or affected employers; (2) the records required to be maintained by affected employers relating to the program, including the length of time that the employer must retain any records, provisions allowing the Department of Transportation to examine the records; (3) the formula by which to calculate average passenger occupancy; (4) provisions for affected employers with more than one thousand employees to sample a random subset of their employees; (5) provisions allowing the Commissioner of Transportation to establish the content, time schedules and process by which a compliance report, or a revised compliance plan or maintenance plan are submitted; (6) the procedures for the periodic reporting of the implementation and target achievement of the plan; (7) the procedures for the periodic revision of the compliance plan; (8) provisions requiring an affected employer in compliance with the requirements of sections 13b-38o to 13b-38y, inclusive, to submit a maintenance plan every two years; (9) the procedures to be followed and requirements to be contained in a maintenance plan, which requirements shall include those specified in section 13b-38p; (10) standards for the review and approval of a traffic management plan] SECTION 13b-38p, AS AMENDED BY SECTION 2 OF THIS ACT. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO (1) MEASURES AN AFFECTED EMPLOYER MAY TAKE TO REDUCE SINGLE OCCUPANCY VEHICLE TRIPS TO AND FROM ITS WORK LOCATION AND TO ENCOURAGE ITS EMPLOYEES TO CONSIDER ALTERNATIVE MEANS OF COMMUTING AND (2) GUIDELINES FOR THE PREPARATION AND SUBMISSION OF REPORTS PERTAINING TO THE TRAFFIC REDUCTION PROGRAM OF SUCH EMPLOYER.

Sec. 6. Section 12-217s of the general statutes, as amended by section 34 of public act 95-160 and section 14 of public act 95-325, is repealed and the following is substituted in lieu thereof:

There shall be allowed as a credit against the tax imposed on any corporation under this chapter WHICH PARTICIPATES IN THE TRAFFIC REDUCTION PROGRAM ESTABLISHED UNDER SECTION 13b-38p, AS AMENDED BY SECTION 2 OF THIS ACT, except corporations employing fewer than one hundred employees, with respect to any taxable year of such corporation commencing on or after January 1, 1997, an amount equal to fifty per cent of the amount spent by such corporation, on or after January 1, 1995, for the direct costs of [transportation management] TRAFFIC REDUCTION programs and services related thereto instituted by such corporation in response to the provisions of sections 13b-38o13b-38p,13b-38t,13b-38v [to 13b-38y] AND 13b-38x, [inclusive,] not to exceed two hundred fifty dollars annually per employee participating in alternative means of commuting pursuant to [transportation management] TRAFFIC REDUCTION programs. The total amount of credits available under the provisions of this section shall not exceed one million five hundred thousand dollars. The Department of Transportation shall adopt regulations in accordance with the provisions of chapter 54 which shall include, but not be limited to, establishing procedures for a corporation to obtain and qualify for the tax credit.

Sec. 7. Sections 13b-38q to 13b-38s, inclusive, and sections 13b-38u, 13b-38w and 13b-38y of the general statutes are repealed.

Sec. 8. This act shall take effect July 1, 1996.

Approved June 4, 1996. Effective July 1, 1996.

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