2010 Arizona Revised Statutes
Title 49 - The Environment
49-583 Duties and powers of the task force

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.