Section 486.09. Annual employee commute options compliance plan renewal.

  Affected employers shall submit compliance plan renewals on an annual basis, beginning no later than November 15, 1996, or within 2 years of the plan approval date by the department of their initial compliance plan, whichever comes later. If the employer's initial compliance plan submittal is due after November 15, 1994, the compliance plan renewal shall be submitted within 2 years of the initial submittal due date.

(1)   Annual compliance plan renewal forms, surveys and submittal. The compliance plan renewal shall include the following:

(a) An update of the information specified in s. NR 486.06 using forms provided by the department.

(b) An evaluation of the average passenger occupancy rate documented in the compliance plan renewal compared with the target average passenger occupancy rate required for compliance. The employer shall use forms and methods provided or approved by the department.

(c) A progress report on the employer's alternative means of commuting strategies in its initial department approved compliance plan which includes reasons for any omissions or delays or both in implementing the plan strategies.

(d) An assessment of the changes in travel mode and worktrip distances experienced by employees participating in alternative means of commuting as a result of the employee commute options program. The employer shall use forms and methods provided or approved by the department.

(e) A revised set of alternative means of commuting strategies using forms provided by the department which is appropriate and sufficient to increase the affected employer's average passenger occupancy to the target average passenger occupancy rate within 1 year after submitting the employee commute options compliance plan renewal. This requirement shall only apply to employers which fail to achieve the target average passenger occupancy rate of 1.4.

(f) A commitment to continue the alternative means of commuting strategies in a department approved plan at a level sufficient to maintain the continued achievement of the target average passenger occupancy rate for a minimum of 1 year. This requirement shall apply to employers which achieve compliance with the target average passenger occupancy rate of 1.4

(2)   Annual compliance plan renewal review, approval and disapproval. The department's criteria for reviewing and granting approval or conditional approval of the employer's annual compliance plan renewal shall include the criteria and processes described in s. NR 486.08 except that:

(a) Affected employers failing to achieve the target average passenger occupancy rate after implementing the alternative commuting strategies in the initial compliance plan and the first annual compliance plan renewal may be required to implement other alternative means of commuting strategies approved by the department.

(b) Affected employers submitting 2 consecutive annual compliance plan renewals which achieve the target average passenger occupancy may be permitted by the department to submit biennial plans which certify that the target average passenger occupancy rate is being maintained by the employer's alternative means of commuting strategies.

History: Cr. Register, September, 1993, No. 453 , eff. 10-1-93; am. (1) (d) and (e), Register, December, 1994, No. 468 , eff. 1-1-95.