Preproposal statement of inquiry was filed as WSR 05-10-056.
Title of Rule and Other Identifying Information: Chapter 468-60 WAC, Trip reduction performance program (formerly CTR performance grant program).
Hearing Location(s): Transportation Building, Commission Board Room, 310 Maple Park Avenue S.E., Olympia, WA 98504, on September 13, 2005, at 3:00 p.m.
Date of Intended Adoption: September 13, 2005.
Submit Written Comments to: Robinson Hartsell, 310 Maple Park Avenue S.E., Olympia, WA, e-mail email@example.com, fax (360) 705-6862, by September 1, 2005.
Assistance for Persons with Disabilities: Contact Jessica Alexander, TTY (360) 705-7760 or (360) 705-6808.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating the rules will clarify the program and the parameters for participation by private employers, public agencies, nonprofit organizations, developers, and property managers.
Reasons Supporting Proposal: The revised rule would allow for better understanding and implementation for the program participants.
Statutory Authority for Adoption: RCW 70.94.996.
Statute Being Implemented: RCW 70.94.996.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSDOT Public Transportation and Rail Division, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Robinson Hartsell, Public Transportation and Rail Division, (360) 705-7508.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The trip reduction performance program is a voluntary program that does not impact small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. There [is] no additional cost or revenue associated with the implementation of this rule.
August 1, 2005
Assistant Secretary for
Engineering and Regional Operations
CTR)) TRIP REDUCTION PERFORMANCE (( GRANT)) PROGRAM
(1) What are ((
CTR performance grants)) trip reduction
performance projects? (( Grants)) Funds are awarded on a
competitive basis to organizations (( for reducing)) that
create cost-effective projects designed to reduce commute
vehicle trips and commute (( vehicle miles traveled)) VMT
(based on the morning commute). The (( grantee)) organization
will receive funds based on the value (( to the transportation
system of the)) associated with each trip and overall project
performance. The (( performance grant program)) TRPP is
available to private employers, public agencies, nonprofit
organizations, developers, and property managers who find new
(to the area), sustainable ways to reduce the number of
vehicle trips and vehicle miles traveled per person for
commuting, or who provide financial incentives to their own or
other employees for ridesharing, public transportation,
nonmotorized transportation, telework, and alternative work
schedules(( , and that reduce the number of vehicle trips and
miles traveled for commuting)).
(2) Definitions. For purposes of this section, the following definitions apply.
(a) Financial incentives is defined as a policy, procedure, capital investment or payment intended to provide employees a financial gain if they commute in ways other than by driving alone. For example, the eligible incentives may include, but are not limited to: Providing a free transit pass, reducing the parking charge for rideshare vehicles, initiating parking charges for employee vehicles, reducing the cost of a transportation service such as a transit pass, paying the membership fee for a car sharing program, providing employees alternative work week schedules, providing a direct cash payment, reducing the insurance rate for employees who reduce the use of their vehicle for commuting, or reducing the distance an employee travels to work by reassigning their work location to a worksite closer to their home.
(b) Car sharing means a membership program intended to offer an alternative to car ownership under which persons or entities that become members are permitted to use vehicles from a fleet on an hourly basis.
(c) Telework means a program where work functions that are normally performed at a traditional workplace are instead performed by an employee at his or her home at least one day a week for the purpose of reducing the number of trips to the employee's workplace.
(d) Commute vehicle trips is defined as the number of vehicle trips made to bring employees to work at a worksite or specified collection of worksites each morning.
(e) Reduced commute vehicle trips is defined as the
change in the number of vehicle trips made to bring a
consistent number of employees to a worksite or collection of
worksites. Reduced vehicle trips can be calculated using
two separate)) a baseline survey(( s)) that measure the
number of vehicles arriving at the specified worksite(s) (( and
making)) and the mode split, and a subsequent survey measuring
the same audience, mode split, with an adjustment made for the
change in the number of employee responses for the two
surveys. The difference between the two surveys will show an
increase or reduction in commute vehicle trips. Subsection
(( (16))) (15) of this section describes in detail the process
used by WSDOT to calculate reduced commute vehicle trips.
(f) Commute vehicle miles traveled per person (VMT) is the average distance employees travel to work (one way) in a motor vehicle, divided by the vehicle occupancy. For passenger cars, trucks, vans, and motorcycles, WSDOT will calculate the vehicle occupancy from survey data using CTR task force guidelines, or from equivalent data as agreed by WSDOT and the applicant. For buses, WSDOT will assume an average occupancy of twenty-five persons. Bicycling, walking, train ridership, and the avoidance of commute vehicle trips via telework and use of compressed workweeks, will not be considered as using motor vehicles.
(g) Reduced VMT is defined as the measured change in the number of vehicle miles traveled per employee. Reduced VMT can be calculated from two separate surveys that measure the commute distance per employee and the way they commute to work.
(h) Performance is defined as the reduction in the number of commute vehicle trips to the work location and the reduction in the commute vehicle miles traveled by employees at the specified work location(s).
(i) Eligible trips are defined in this section as the
commute trips taken by employees at the targeted worksite(s)
established in the applications and measured ((
in)) using the
proposed measurement methodology. (( To be considered an
eligible reduced trip and VMT, the involved employee must
benefit from the program implemented by the applicant.))
(j) Agent is an organization or individual who represents
the private employer, public agency, nonprofit organization,
developer, or property manager and is charged with managing
grant program)) TRPP or providing the employee the
(k) A cost effective application is one that defines a
project that will reduce commute vehicle trips and commute
vehicle miles traveled at a cost less than the defined roadway
capacity cost. This cost will vary by year and will be
clearly identified on the ((
grant)) TRPP application form.
(l) Mode split is the percentage of employees traveling to work using various means of transportation (known as modes). For example, if the drive alone mode split for a worksite is seventy-three percent, then seventy-three percent of the employees arriving at that site drove alone.
(m) Commute mode is the means of transportation an employee took to work. For example, their commute mode may be by driving alone, carpooling, alternative work schedule, teleworking, etc.
(3) Who can apply? ((
These)) The statewide (( grants))
funds are available on a competitive basis for private
employers, public agencies, nonprofit organizations,
developers, and property managers or their agents who
(( provide)) create new, sustainable trip reduction projects,
and who provide financial incentives to their own or other
employees for ridesharing, public transportation, nonmotorized
transportation, telework, and compressed work weeks.
(4) What kinds of projects will be funded? To receive
funds, the project must meet the ((
review criteria)) program
requirements and rank highly in the competitive review. The
applicant determines the actual scope and design of the
project. New and existing projects are eligible (( to receive
a grant)) for selection. The primary focus of the review
committee will be to select sustainable, cost-effective trip
reduction projects, and if they are new or innovative, they
will be given additional consideration.
(5) How much money is available for the program? The
amount of funds made available for this program is set in the
state transportation budget. For the ((
biennium, one million five hundred thousand dollars is
budgeted for the (( grants)) projects. (( No more than seven
hundred fifty thousand dollars will be available for each
fiscal year (July-June).))
(6) How will the ((
grant)) TRPP funds be distributed? A
minimum amount of the (( grant)) TRPP funds is (( guaranteed))
to be available (( in)) for each of three funding zones: Ten
percent of available funds for Central Puget Sound (CPS)
(King, Pierce, Snohomish counties), ten percent of available
funds for non-Central Puget Sound applications, and ten
percent of available funds for statewide applications
(applications with worksites in the CPS and outside the CPS). The remaining (( grant)) funds will be awarded based on the
project's ranking and available funds. WSDOT is bound to this
distribution only if there are applications that fit the
program structure and are viable, cost-effective trip
(7) How much money will be awarded to individual
grants)) projects? Funds will be allocated based on the
estimated commute vehicle trips and miles traveled reduced for
the project. The applicant will provide an estimate of the
anticipated performance (their goal), and the amount of funds
they request. Once the selection committee ranks the
projects, WSDOT will award (( the grants)) funds based on
committee ranking until seven hundred fifty thousand dollars
is awarded in each fiscal year or all cost effective projects
are funded. No one employer, etc., may receive more than one
hundred thousand dollars per fiscal year.
(8) How much money can be awarded to applications with
employer)) partners? Each organization (agency or
employer) on the application may receive up to one hundred
thousand dollars with the total amount (( of funds that can be
provided to a partnership application is the sum of the total
amount eligible per employer up to two hundred fifty thousand
dollars per application. No single application or project
will be awarded a grant in excess of two hundred fifty
thousand dollars)) not to exceed two hundred fifty thousand
dollars per application, per fiscal year.
(9) How does the applicant apply for the ((
funds? This subsection describes the application procedures
used in the (( performance grant program)) TRPP. WSDOT will
notify eligible applicants of the open period for (( grant))
applications. WSDOT may open more than one (( grant))
application period per year depending on whether all funds are
awarded. Applicants apply (( for this grant)) by submitting a
completed (( "Performance Grant Application")) "TRPP"
application form during an open (( grant)) application period. The (( "Performance Grant Application")) "TRPP" application
form is available on request from (( the Washington state
department of transportation)) WSDOT and is also available
(( to be downloaded from the WSDOT web site at:
http://wsdot.wa.gov/TDM/performancegrant/)) by visiting
WSDOT's web site at: http://wsdot.wa.gov/TDM.
(a) No private employer, public agency, nonprofit
organization, developer, or property manager is eligible for
grants)) funds under this section in excess of one hundred
thousand dollars in any fiscal year.
Eligible)) Applicants may submit more than one
(( application.)) project application for consideration;
however, (( no applicant may request more grant funds than they
are)) when the sum of all the project costs are combined, they
cannot exceed what the individual applicant is eligible to
(c) Applicants may((
, and are encouraged to,)) submit (( a
grant)) an application that will cover one or two years (basic
project) and are encouraged to apply for projects that cover
three to five years (multi-year projects).
(d) For basic projects, applications ((
years)) must estimate the number of vehicle trips and VMT
reduced for each (( of the two)) fiscal year(( s)), and must
specify their target audience. Only one (( base)) baseline
measurement will be required for a (( two-year application))
basic project. A final measurement will be required to
determine the project's performance. A two-year basic project
can receive the start-up portion of their award in the first
year, and the performance portion in the second year. If a
basic project is granted a renewal, the applicant may be
required to conduct another baseline measurement. Renewal
applications may include a proposed adjustment to the trip
price and/or goal. Adjustments to the trip price or goal are
subject to approval by WSDOT. All basic projects are subject
to termination if the project is not performing according to
expectations or is not continuing to work towards the
reduction of commute trips. (( Recipients of two-year grants
may receive the start-up portion of their award in the first
year and the performance portion in the second year. In this
situation, funding for the trips and VMT reduced will be
assumed to have occurred in the second year of the project.
(d) The grant funds must be received by the grantee by the end of the fiscal year in which the application was received.))
No grants)) In the case of multi-year projects
(three to five years), applicants must estimate the number of
vehicle trips and VMT reduced for each biennium, as well as a
project total, and must specify their target audience. Only
one baseline measurement will be required for multi-year
projects, unless otherwise stated in the scope of work. An
interim measurement must be conducted prior to the end of each
biennium, and a final measurement at the end of the project.
Interim and final performance funds, as well as bonus funds
will be based on these measurements. Recipients will be able
to receive start-up funds that are phased throughout the life
of the project (see subsection (12) of this section for
details on start-up fund disbursement). Performance funds
will be available at the end of each biennium (interim
performance funds) and again at the end of the project. The
interim and final performance measurements and requests for
funds must be received by WSDOT by June 15th. Projects may
apply for an adjustment to the trip price and/or their goal at
the end of each biennium. Trip price and goal adjustments
will be subject to review and approval by WSDOT. All
multi-year projects are subject to termination if the project
is not performing according to expectations or is not
continuing to work towards the reduction of commute trips.
Payments for multi-year projects are contingent upon the
provision of legislative funding in future biennia.
(f) No TRPP funds will be awarded to an applicant
requesting compensation at a rate higher than the estimated
annualized cost of providing new roadway capacity (maximum per
trip cost) adopted for this program. The ((
annualized cost of
providing new capacity)) maximum per trip cost will be
provided by WSDOT as part of the application document.
(f))) (g) For purposes of distributing awarded funds,
one trip is assumed to equal 13.07 VMT (the average commute
distance measured as part of the CTR program) or the average
one-way commute distance for the employees covered by the
project. The applicant may, through documentation in the
applications, provide a different trip to VMT ratio that is
specific to employees in their proposal.
(g))) (h) An agent "who will provide the financial
incentive to the employee" can submit a project partnership
(( grant)) application and be the prime (( grantee)) recipient
for the project. All procedures in this section will apply to
the agent for this type of partnership (( grant)) project.
(h))) (i) No applicant may claim (( a)) full reduction
in employee commute vehicle trips or commute VMT that (( is))
are claimed as part of another (( application)) project. If
the initial screening determines that project overlap will
occur, WSDOT will notify the applicants, and will provide them
with the opportunity to adjust their trip prices and goals.
The payout for areas where WSDOT can determine the overlap
will be adjusted by dividing the amount per trip by the number
of TRPP projects involved in the overlap.
(10) How will the application be reviewed? An award
committee comprised of between six and nine members will be
selected by the chair of the CTR task force and will include
at least two members of the commute trip reduction task force,
at least one member from Central Puget Sound and one from the
rest of the state, at least one employer, at least one transit
member and at least one city government representative.
Grants)) Projects will be (( awarded)) selected based on the
criteria as defined in subsection (11) of this section.
(11) What are the review criteria? The applications will
be reviewed based on the following criteria((
Applicant provides incentives: To be eligible for
the grant, the applicant must provide financial incentives to
their own or other employees for ridesharing, using public
transportation, car sharing, or nonmotorized commuting.
(b) Project predictability: Are the estimates of employee participation and overall trip and VMT reduction likely to be achieved based on the assessment of the review committee?
(c) Measurability: The performance of the project must be measurable. If the applicant submits their own measurement approach, the measurement plan submitted must be as accurate an estimate of the trips reduced as would be generated if the applicant made use of the WSDOT-developed measurement tool (subsection (16) of this section).
(d) Cost effectiveness: Does the project have a high likelihood of achieving its benefits at a relatively low expenditure of performance grant funds? Are the projected benefits achievable at a cost less than providing the equivalent roadway capacity?
(e) Sustainability: If this project is funded, will its benefits continue after the grant-funded element of the project has been completed? Do the project design and partnerships indicate a high probability for continuing the project after all grant funds are used?
(f) Thoroughness: Has the project been thoroughly researched and carefully thought out? Are adequate details presented?)) Cost effectiveness: Does the project have a high likelihood of achieving its benefits at a relatively low expenditure of TRPP funds? Are the projected benefits achievable at a cost less than providing the equivalent roadway capacity?
(b) Sustainability: If this project is funded, will its benefits continue after the funding element of the project has been completed? Do the project design and partnerships indicate a high probability for continuing the project after all TRPP funds are used? Can the reduction in trips be sustained over a "multi-year project" timeline?
(c) Innovation: Is the proposed project a new idea, or something that's been done before but is new to the area? Does the project propose unique cost-effective ways to reduce trips?
(d) Measurability: The performance of the project must be measurable. If an applicant proposes to use their own measurement approach, a detailed measurement plan will be submitted as a part of the application and must be approved by WSDOT. The measurement approach must be as accurate an estimate of the trips reduced as would be generated if the applicant made use of the WSDOT-developed measurement tool (subsection (15) of this section). Deviations from the approved measurement plan will be subject to review and approval by WSDOT. WSDOT may terminate the contract if the measurement deviation is not approved.
(e) Project implementation: What is the timeline for implementation of the project? When and how will the project be advertised to the target audience? All projects must conduct a baseline survey at the beginning of the project prior to implementation of the project. The applicant must indicate the implementation timeline, proposed measurement methods and measurement schedule in the application. If the nature of the project does not allow for a single baseline survey, the applicant must indicate the proposed measurement methodology as a part of the application. All projects must be implemented within three months after signing the contract.
(f) Applicant provides incentives: To be eligible for TRPP funds, the applicant must provide financial incentives to their own or other employees for ridesharing, using public transportation, car sharing, or nonmotorized commuting.
(g) Project predictability: Are the estimates of employee participation, trip reduction, and VMT reduction likely to be achieved based on the assessment of the review committee?
(g))) (h) Redundancy: Does the project propose to
provide services that are already available (( for)) to the
(i) Thoroughness: Has the project been thoroughly researched and carefully thought out? Are adequate details presented in the application?
(12) How will the recipient receive the money? Once the
projects have been reviewed, prioritized and selected, the
applicant will enter into a contract with the Washington state
department of transportation for implementation of the
project. This contract will establish the amount of money the
grantee)) award recipient can receive for the project, the
timelines and performance expectations. The funds will be
provided to the (( grantee)) recipient through three
approaches: Start-up, performance and performance bonus. A
draft contract will be made available by WSDOT prior to
(a) Start-up funds: The ((
grantee)) basic project award
recipient may request up to fifty percent of the awarded
(( funds)) amount after (( project start-up)) a baseline
measurement is completed or accepted. Start-up funds can be
requested in the first year of the project. Multi-year
project award recipients are eligible for start-up funds
through a phased payment approach. To calculate the start-up
fund disbursement for multi-year projects, multiply the total
project amount by 0.5, then divide that number by the number
of years in the project. Start-up funding will be provided on
a dollar for dollar (( on a)), cost-reimbursable basis, but
(( in no circumstances)) will (( this amount)) not exceed fifty
percent of the total project award for the duration of the
project. The remaining award amount is considered performance
Grant)) Performance funds: The remaining funds
will be available to the (( grantee)) recipient following the
performance measurement. For basic projects, the (( grantee))
recipient has the option to measure their performance at the
halfway (( through the project and at the end of the year))
point (interim measurement), but is required to measure at the
end of their project. If the (( grantee)) recipient conducts
(( a midterm)) an interim measurement, they will be eligible to
receive half of the performance funding following this
measurement with the balance available after the (( second))
final measurement survey. If the (( grantee)) recipient elects
to (( measure only at the end of the project)) forego an
interim measurement, all of the remaining funds will be
available after the final measurement, (( depending on)) and
will be determined by the performance (( they achieved
through)) of their project. (( No performance funds will be
available for any project that fails to perform.)) For
multi-year projects, the recipient must measure their
performance at the end of each biennium (by June 15th), and at
the end of the project. All projects must reduce trips to be
eligible for performance funds.
(c) Performance bonus funds: These funds will only be
provided at the end of the contract period and the recipient
will receive the funds for additional performance based on the
same award rate per trip reduced and same award rate per VMT
reduced as identified in their contract. The ((
recipient will be eligible to receive additional bonus funds
up to one hundred twenty percent (( additional funds if the
performance of their project)) or up to the maximum per trip
cost (whichever is less) for every trip that exceeds their
anticipated performance (the projected number of trips
reduced). (( These funds will only be provided at the end of
the contract period and the grantee will receive the funds for
additional performance based on the same award rate per trip
reduced and same award rate per VMT reduced as identified in
their application and subsequent contract. Note: No one
employer, etc., may receive more than one hundred thousand
dollars in a FY.)) The performance bonus portion of the
funding will only be available if funds are remaining in the
(( grant)) TRPP account.
Project timeline: To receive all eligible grant
funds for the fiscal year, the grantee must provide measured
data on their project's performance to WSDOT by June 15th.
(14))) Receipt of ((
grant)) TRPP funds: To receive all
eligible TRPP funds for the fiscal year, the recipient must
provide measured data on their project's performance
(baseline, interim and final surveys) to WSDOT by June 15th.
The (( grantee)) recipient must submit a (( grant)) TRPP fund
disbursement form provided by WSDOT in order to (( receive
their grant)) request funds. On this form the (( grantee))
recipient will identify the funds requested and provide
documentation of performance or expenditures (( (if required)))
for reimbursement of start-up costs. For the performance
portion of the (( grant)) TRPP award, no funds will be made
available without documentation of actual employee reductions
in VMT and vehicle trips. Applications for multi-year
projects must demonstrate the organization's ability to accept
payments for performance, as well as bonus funds, through the
end of the project time frame.
(15))) (14) Performance documentation: The applicant
must, as part of the application, (( indicate how they will
provide evidence of the performance made during the year))
describe the measurement approach for their project. WSDOT
will make available a survey instrument that can be used to
measure performance at employer worksites. The (( grantee))
recipient may elect to provide performance data in an
alternative format (( approved)). The alternative format will
be subject to approval by WSDOT. The measurement approach
used by the applicant must clearly demonstrate how (( changes))
reduced trips and VMT are calculated and how adjustments will
be made for changes in employee population.
(16))) (15) Measurement of VMT and commute trips
reduced: Measurement of performance must provide actual
counts of vehicle trips and VMT made by the employees in the
program, preceding and following the (( grant)) project period.
The performance measurement must adjust for changes in
employee populations during the (( grant)) project period. WSDOT will use the following methodology to calculate changes
in the number of commute trips and commute VMT at a project
(a) Baseline survey. At the beginning of the ((
project, the worksite(s) will survey their employees about
their commuting behavior using the standard WSDOT commute trip
reduction employee survey form. This initial survey is called
the baseline survey. WSDOT will calculate a baseline mode
split, based on results from the baseline survey. In
calculating this mode split, and those from subsequent
surveys, WSDOT will calculate assumptions to adjust for
missing data, days reported by employees as not worked,
inconsistency between commute mode and vehicle occupancy data,
and reported use of compressed workweeks as specified in the
CTR guidelines published by WSDOT and available on the
Any start-up costs are contingent upon completion or
acceptance of the baseline survey.
(b) Performance measurement survey. For basic projects
(one- to two-year), the ((
grantee)) recipient will have the
option to survey the eligible project employees (( a second
time by June 15th. This second survey is called the
performance measurement survey)) midway through the project
(by June 15th if it is a two-year project), and is required to
survey at the end of the project. For multi-year projects
(three to five years), the recipient will be required to
survey the eligible project employees at the beginning of the
project, each biennium (by June 15th), and at the end of the
(c) WSDOT will calculate the mode split based on the
results of the performance measurement ((
survey)). Using the
number of employees at the site (( during the first measurement
survey)) and the mode split from the (( first measurement))
baseline survey, WSDOT will calculate the average number of
vehicle trips that employees took per day(( , during the first
measurement survey period)). Using this same number of
employees, WSDOT (( also)) will calculate the average number of
trips the employees (( would have taken)) took per day during
the (( first)) performance measurement survey (( if they had))
(interim or final) and compare it to the mode split calculated
from the baseline survey.
(d) The difference between the two numbers calculated under subsection (2)(b) of this section is the change in the average number of trips per day at the site between the two surveys. These calculations take into consideration changes in employment at the site; the employer will not be entitled to increased payments due to a reduction in force or be penalized because of an increase in employment.
(e) WSDOT will calculate the average one-way distance for morning commute trips made by each mode in the performance measurement survey, and multiply this by the change in the average number of trips by that mode per day. The sum of these values for motorized commuting modes is the change in VMT.
[Statutory Authority: RCW 70.94.996, 70.94.534, 70.94.541. 04-06-087, § 468-60-010, filed 3/3/04, effective 4/3/04.]