32-152.01. Parking benefit equivalent.
(a)
The requirements of this section shall only apply to covered employers offering a parking benefit.
(b)
If a covered employer offers a parking benefit to an employee, the covered employer shall:
(1)
Offer the employee a Clean-air Transportation Fringe Benefit in an amount equal to or greater than the monthly market value of the parking benefit offered to the employee, pursuant to subsection (c) of this section;
(2)
Pay to the Department a Clean Air Compliance fee of $100 per month for each employee who is offered a parking benefit; or
(3)
Implement a transportation demand management plan, pursuant to subsection (d) of this section.
(c)
(1)
An employee shall not accept the Clean-air Transportation Fringe Benefit offered pursuant to subsection (b)(1) of this section unless the employee has declined the parking benefit offered by the covered employer.
(2)
(A)
An employee who accepts a Clean-air Transportation Fringe Benefit shall, in a form determined by the Department, estimate the amount of the Clean-air Transportation Fringe Benefit that the employee will use each month.
(B)
An employee may, from time to time, amend the estimate provided pursuant to subparagraph (A) of this paragraph; except, that the employee shall not amend the estimate provided pursuant to subparagraph (A) of this paragraph more than once every 12 months.
(3)
If the estimate provided pursuant to paragraph (2)(A) of this subsection is less than the Clean-air Transportation Fringe Benefit offered to the employee pursuant to paragraph (1) of this subsection, the covered employer shall provide the employee with additional compensation, an increase contribution to the employee's health coverage, or both, in an amount that, when combined with the estimate provided pursuant to paragraph (2)(A) of this subsection, is equal to the Clean-air Transportation Fringe Benefit offered to the employee pursuant to paragraph (1) of this subsection.
(d)
(1)
To comply with subsection (b)(3) of this section, a covered employer shall submit a proposed transportation demand management plan to the Department, which shall include:
(A)
A plan, in a form prescribed by the Department through rulemaking or publication on the Department's website, that would reduce by at least 10% from the previous year the number of commuter trips employees of the covered employer made by car, including for-hire vehicles, until 25% or less of employees' commuter trips are made by car, including for-hire vehicles; and
(B)
Any other information required by the Department.
(2)
(A)
(i)
If the Department determines that the proposed transportation demand management plan is likely to meet the requirements of this subsection, the Department shall approve the proposed transportation demand management plan.
(ii)
If the Department determines that the proposed transportation demand management plan is not likely to meet the requirements of paragraph (1) of this subsection, the Department shall provide the covered employer a brief description of the deficiencies in the plan and an opportunity to amend and resubmit the proposed transportation demand management plan.
(B)
If, after a covered employer resubmits an amended proposed transportation demand management plan, the Department again determines that the proposed transportation demand management plan is not likely to meet the requirements of paragraph (1) of this subsection, the covered employer shall begin offering a Clean-air Transportation Fringe Benefit, pursuant to subsection (b)(1) of this section, or begin paying the Clean Air Compliance fee, pursuant to subsection (b)(2) of this section.
(3)
(A)
A covered employer whose proposed transportation demand management plan has been approved, pursuant to paragraph (2)(A)(i) of this subsection, shall submit to the Department annual data reports on the actual commute mode share of its employees.
(B)
(i)
Each year, the Department shall determine whether the covered employer is complying with the transportation demand management plan.
(ii)
If the Department determines that the covered employer is not complying with the transportation demand management plan, the covered employer shall have 180 additional days to comply with the requirements of the transportation demand management plan for the previous year.
(C)
If, after the 180-day period described in subparagraph (B)(ii) of this paragraph, the Department determines that the covered employer is still not in compliance with the transportation demand management plan for the previous year, the covered employer shall begin offering a Clean-air Transportation Fringe Benefit, pursuant to subsection (b)(1) of this section, or begin paying the Clean Air Compliance fee, pursuant to subsection (b)(2) of this section.
(4)
A covered employer who submits a proposed transportation demand management plan pursuant to paragraph (1) of this subsection need not comply with subsection (b)(1) of this section or subsection (b)(2) of this section until the Department informs the covered employer that:
(A)
The Department again determined that the proposed transportation demand management plan is not likely to meet the requirements of paragraph (1) of this subsection; or
(B)
After the 180-day period described in paragraph (3)(B)(ii) of this subsection, the Department determined that the covered employer is still not in compliance with the requirements of the transportation demand management plan for the previous year.
(e)
For the purposes of this section, the market value of a parking benefit shall be:
(1)
The publicly-advertised price of parking available for rent to the public at a privately-owned parking facility within one-quarter mile of the business premises; or
(2)
If there is no privately-owned parking facility within one-quarter mile of the employee's place of work that rents parking to the public, an amount determined pursuant to rules issued by the Department.
(f)
Each covered employer shall within 90 days after October 1, 2020, and every 2 years thereafter, submit to the Mayor a report that includes:
(1)
The total number of employees;
(2)
The number of employees:
(A)
Offered a parking benefit;
(B)
Using a parking benefit;
(C)
Offered a Clean-air Transportation Fringe Benefit; and
(D)
Using a Clean-air Transportation Fringe Benefit; and
(3)
Any other information required by the Mayor by rulemaking.
(g)
Beginning October 1, 2022, and every 2 years thereafter, the Mayor shall provide a report to the Council containing the following:
(1)
Aggregate data from the reports required by subsection (f) of this section;
(2)
An assessment of how many covered employers have not filed the report required by subsection (f) of this section; and
(3)
A description of actions that will be taken to achieve full compliance with this section.
(h)
The Mayor may impose civil fines or penalties as sanctions for a violation of subsection (a) or subsection (f) of this section, or any rule issued pursuant to § 32-153(b), pursuant to Chapter 18 of Title 2 ("Civil Infractions Act"). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.
(i)
(1)
This section shall not apply to a parking benefit offered by a covered employer who, before October 1, 2020, owned, and continues to own, the parking spots used by the employees who are offered a parking benefit.
(2)
If, before October 1, 2020, a covered employer leases the parking spot used by the employee who is offered a parking benefit, this section shall apply to the to the parking benefit at the end of the current lease term, regardless of whether the lease agreement contemplated extensions beyond the current lease term.
(3)
If, before October 1, 2020, a covered employer is party to a transportation demand management plan that was reviewed by the Department this section shall apply to the covered employer at the end of the current term of the transportation demand management plan, regardless of whether the transportation demand management plan contemplated extension beyond the current term, or 5 years after October 1, 2020, whichever is earlier.
(4)
If, before October 1, 2020, a covered employer is party to a Campus Plan approved pursuant to section X101 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR § X101), this section shall apply to the covered employer at the end of the current term of the Campus Plan, regardless of whether the Campus Plan contemplated extension beyond the current term, if the Campus Plan requires annual reporting to the Department of:
(A)
The current percentage, and year-over-year change in the percentage, of trips to campus that are made by car, including for-hire vehicles;
(B)
Performance standards in the Campus Plan related to reducing the percentage of trips to campus that are made by car, including for-hire vehicles; and
(C)
Policies that the covered employer will adopt to meet the performance standards in the Campus Plan related to reducing the percentage of trips to campus that are made by car, including for-hire vehicles.
(Dec. 17, 2014, D.C. Law 20-142, § 302a; as added June 24, 2020, D.C. Law 23-113, § 2(b), 67 DCR 5069.)
