49-583

49-583. Duties and powers of the task
force

A. The task force shall review and approve the baseline survey distributed to major
employers for the purpose of collecting data on employee commuting patterns. The task
force shall provide uniform formats for data to be provided by each employer on the
commuting patterns of its employees and the effectiveness of its travel reduction
plan. Collected data shall include the mode used and distance traveled for commute
trips. The task force shall establish uniform requirements for record keeping and
reporting as necessary to comply with this article and reasonable deadlines for submittal
of additional data as required.

B. The task force shall:

1. Evaluate major employers' travel reduction plans and approve or object to any
such plan received.

2. Review all responses by major employers to the annual survey and determine if
they meet the requirements of this article.

3. Review the travel reduction plan submitted by each major employer to conclude if
the plan achieves the targeted increase in travel reduction measures along with the staff
report on the plan.

4. Monitor the implementation of each travel reduction plan as submitted by each
major employer.

5. Develop and implement policies, standards and criteria for certifying eligible
motor vehicles as being reduced emission vehicles if they are substantially lower
emitting in actual use than vehicles generally purchased in the area. The task force
shall not certify any reduced emission vehicle or group of vehicles unless the task force
has evidence of all of the following:

(a) Results of a federal test procedure conducted pursuant to 40 Code of Federal
Regulations part 86, subpart B, effective July 1, 1992, or an equivalent method approved
by the administrator of the United States environmental protection agency, demonstrating
substantially lower emissions from the vehicle or group of vehicles.

(b) In the case of any device added to the vehicle to reduce emissions, that the
device has printed on it, or on the packaging, a clear statement by the manufacturer as
to whether use of the device will void any existing vehicle warranty, and what the
manufacturer's responsibility will be under such circumstances. The state shall have no
responsibility as to the validity of such statement.

(c) United States environmental protection agency approval of the use of a reduced
emission factor for that vehicle or group of vehicles as a revision to the state
implementation plan.

6. Develop and implement policies, standards and criteria for reduced emission
vehicle factors to be applied to the single occupancy vehicle count and the motor vehicle
miles traveled count pursuant to section 49-588. The reduced emission vehicle factor
applied to a reduced emission vehicle shall be proportional to its average emission
reduction in actual use as compared to vehicles generally purchased in the area.

C. A plan submitted to the task force under subsection B, paragraph 1 of this
section shall be approved or objections shall be filed within ninety days of its
submission. The plan is automatically approved unless objected to by the task force
within ninety days. Objections shall be based on criteria set forth in section
49-588. If the task force objects to the plan, it shall be reviewed and revised in
consultation with the employer. The task force shall determine if enforcement action is
appropriate and shall recommend action as it deems necessary.

D. If any response submitted to the task force pursuant to subsection B, paragraph
2 of this section is not approved, the task force may direct the employer to submit
additional data within thirty days. If subsequent submissions of data are not approved,
the task force shall evaluate the major employer and supporting data and decide if
enforcement action is appropriate.

E. If a travel reduction plan submitted to the task force pursuant to subsection B,
paragraph 3 of this section is not approved, the task force shall describe the
inadequacies and direct the major employer to modify the plan within thirty days. If the
plan as modified is not approved, the task force shall evaluate the supporting data and
decide if enforcement action is necessary.

F. If a major employer has not implemented the travel reduction plan as submitted
to the task force pursuant to subsection B, paragraph 4 of this section, the task force
shall describe the inadequacies and shall direct modifications in the plan
implementation. If the major employer's efforts remain inadequate, the task force shall
evaluate the supporting data and decide if enforcement action is necessary.

G. If a major employer's travel reduction plan fails to achieve the target goals,
the task force shall direct the staff to work with the employer to increase alternative
modes of usage and reduce vehicle miles traveled in keeping with regional goals and to
submit a plan addendum outlining activities aimed at correcting the plan deficiencies,
unless the major employer's current efforts are judged to be sufficient based on:

1. The cost of the employer's travel reduction program compared to the average cost
of such programs for all major employers.

2. Unusual circumstances faced by the major employer. If unusual circumstances do
exist, the task force shall determine if major employers that fail to submit an addendum
within ninety days after the date of written notice should be subject to enforcement
action.

H. The task force shall direct the staff to identify and contact potential
voluntary participants to encourage and assist them in participating in cooperative
efforts to collect data on commuting patterns, needs and desires of their employees and
their tenants' employees. These potential voluntary participants shall include property
managers and other nonmajor employers that may wish to participate in a travel reduction
program. The task force shall encourage these owners, managers and employers to form
transportation management associations. Among other activities the transportation
management associations may disseminate information on alternate modes of
transportation. The task force shall encourage the transportation management
associations to assist member employers in developing and implementing travel reduction
plans.

I. The task force shall review the performance of the regional program annually and
prepare a report for the board. The report shall include successes and problem areas and
shall recommend revisions to this article, as necessary.