10.52.040 Definitions.

"Air pollution control officer" (APCO) means the executive officer of the Bay Area Air Quality Management District, or a designee of the APCO. "Average vehicle ridership (AVR)" means the number of employees who start work at a work site during the peak period divided by the number of vehicles those employees use to arrive at the work site, averaged over the survey week as calculated pursuant to Section 10.52.050(K). (BAAQMD Section 13-1-202)

"Bus pool" means a privately operated or chartered bus which provides commute transportation on a subscription basis. This term is also known as a club bus.

"Car pool" means a vehicle occupied by two to six people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

"Commission" means the metropolitan transportation commission.

"Commute Benefit Ordinance" is a partnership of the metropolitan transportation commission, managing employer outreach for the program, and the Bay Area Air Quality Management District, developer of Regulation 14 as authorized by California Government Code Section 65081.

"Commute trip" means the trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.

"Compressed work week" means a regular fulltime work schedule which eliminates at least one round-trip commute trip (both home-to-work and work-to-home) at least once every two weeks. Examples include, but are not limited to, working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one-week period; or eight one-hour days and one eight-hour day (9/80) within a two-week period.

"Covered employee" means an employee who performed at least an average of twenty hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.

"Covered employer" means any employer for which an average of fifty or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.

"Disabled employee" means for purposes of the performance objective calculation pursuant to Section 14-1-601, an employee with a physical impairment which prevents the employee from traveling to the work site by means other than a vehicle and the employee has been issued a disabled person placard or plate from the Department of Motor Vehicles.

"District" means the Bay Area Air Quality Management District.

"Employee transportation coordinator (ETC)" means an employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the employer trip reduction program or employer trip reduction plan on full- or part-time basis.

"Employer program manager" means an employee with policy and budget authority who is responsible for the implementation of the employer trip reduction program or employer trip reduction plan and for fulfilling the requirements of this chapter.

"Employer trip reduction plan" means a document describing in detail the employer trip reduction program, including an implementation schedule, budget, and all the elements listed in Section 10.52.050(H)(1) which is submitted to the city for review and approval pursuant to Section 10.52.050(H).

"Employer trip reduction program" means a group of measures developed and implemented by an employer that are designed to provide transportation information, assistance, and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site by increasing AVR or decreasing VER, and to achieve and maintain the performance objectives listed in Section 10.52.050(D).

"Field construction worker" means an employee who reports for work to a temporary field construction site.

"Field personnel" means employees who spend twenty percent or less of their work time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer provided vehicle.

"Independent contractor" means an individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety continuous days or is open ended.

"Peak period" means the time from six a.m. through ten a.m. Monday through Friday inclusive. (BAAQMD Section 13-1-221)

"Seasonal/temporary employee" means an employee who works for the employer for less than ninety continuous days (three months) within a calendar year.

"Single occupant vehicle" means a vehicle occupied by one employee.

"Survey week" means a regular five-day, Monday through Friday (inclusive), work week. The survey week for work sites within Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a federal, state or local holiday, regardless of whether the holiday is observed by the employer. A survey week that meets the above criteria is to be selected by the employer during January through May, or September through November for the employee transportation surveys required by Section 10.52.050(G). The survey week cannot be Rideshare Week or contain any other rideshare or transit promotional event, e.g. "Beat the Back-Up." (BAAQMD Section 13-1-224)

"Telecommuting" means a system of working at home or at an off-site, nonhome telecommute facility for the full work day on a regular basis of at least one day per week.

"Van pool" means a vehicle occupied by seven to fifteen employees including the driver who commutes together to work for the majority or their individual commute trip distance. Employees who work for different employers are included within this definition as long as they are in the vehicle for the majority of their individual trip distance.

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except: (1) a device moved exclusively by human power; (2) a device used exclusively upon stationary rails or tracks; (3) buses used for public or private transit. Examples of vehicles include, but are not limited to, passenger cars, motorcycles, vans and pickup trucks.

"Vehicle employee ratio (VER)" means the number of vehicles used by employees who start work at a work site during the peak period, divided by number of those employees averaged over the survey week as calculated to Section 10.52.050(k). VER is the reciprocal of AVR. (BAAQMD Section 13-1-222)

"Volunteer" means an individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.

"Work activity" means any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity.

"Work site" means any property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way, served by a common circulation or access system, and not separated by an impassable barrier to bicycle or pedestrian travel such as a freeway or flood control channel is included as part of the work site. If two or more employers each have one hundred or more employees at a single work site, then that work site is considered a separate work site for each employer. (BAAQMD Section 12-1-232)

"Zone" means a geographical area within the district where the performance objectives contained in Section 10.52.050(D) apply to employers with work sites located within that zone. Zone 4—Napa County. (BAAQMD Section 13-1-233)