Current through Register 1531, September 27, 2024
(1)
Purpose. 310 CMR
60.04 authorizes the City of Cambridge to implement a vehicle trip reduction
program to achieve a combination of reductions in vehicle trips, vehicle miles
travelled and vehicle emissions so as to allow for the addition of commercial
parking spaces and the added vehicle trips they generate with no net negative
impact on air quality. 310 CMR 60.04 authorizes the City of Cambridge to
implement the vehicle trip reduction program as a replacement and substitution
to the Cambridge Parking Freeze.
(2)
Definitions.
Automobile Efficiency Rate means the
figure calculated by dividing the number of employees who report to a worksite
within the City of Cambridge between 6:00 A.M. and 10:00 A.M. inclusive (Monday
through Friday to achieve a five consecutive weekday average) by the number of
vehicles used by those employees to reach the worksite during those hours.
Bicycles, public transit vehicles, and approved Clean-Fuel vehicles shall be
excluded from the vehicles counted. Motorcycles and light trucks shall be
included in the vehicles counted.
Cambridge Parking Freeze means the
regulation for a commercial parking freeze in the City of Cambridge at
40 CFR section
52.1128 and
52.1135,
as modified by South Terminal Corp. v. EPA,502 F. 2d 646,
671-672 (1st Cir. 1974) and the 1978 and 1983 Transportation Elements of the
SIP, which limited commercial parking spaces in the City to a total of 13,452
spaces.
Caravan means Caravan for Commuters
Inc., a private, non-profit commuter services company which develops and
markets commuter transportation services.
Carpool means a vehicle carrying two
to seven passengers.
City means the City of Cambridge,
massachusetts.
Clean fuel means any fuel or power
source used in a vehicle that complies with the applicable standards for clean
fueled vehicles contained in §§ 241-245 of the Clean Air Act,
42
U.S.C. §§
7581 - 7595.
Clean fueled vehicle means a vehicle
in a class or category of vehicles which has been certified to meet the
applicable clean-fuel vehicle standards as defined by and pursuant to the
federal Clean Air Act Amendments of 1990.
Commercial parking space means a
parking space available for use by the general public at any time for a fee and
shall not include:
(a) parking spaces
which are owned or operated by a commercial entity whose primary business is
other than the operation of parking facilities, for the exclusive use of its
lessees, employees, patrons, customers, clients, patients, guests or residents
and not available for use by the general public;
(b) parking spaces restricted for the use of
the residents of a specific residential building or group of
buildings;
(c) spaces located on
public streets; or
(d) spaces
located at a park-and-ride facility operated in conjunction with the
Massachusetts Bay Transportation Authority.
Department means the Department of
Environmental Protection.
EPA means the United States
Environmental Protection Agency.
Flex Time means a wide range of
flexible scheduling procedures that allows employees to set their own start
times at their place of employment with the purpose of avoiding peak commute
periods.
Four-day Workweek means a provision
which allows employees to work the number of hours normally worked in a
five-day period in a four-day period.
Monitoring and Demonstration Plan
means the monitoring and demonstration plan developed by the City and approved
by DEP on July 17,1996 for use by the City in connection with 310 CMR 60.04 and
as it may be amended by the City in consultation with DEP.
MBTA means the Massachusetts Bay
Transportation Authority.
Oversight Committee means a panel
jointly appointed by the Department and the City.
Preferential Parking means parking
spaces reserved for motor vehicles such as carpools, vanpools, ULEVs and ZEVs
which produce lower emissions than a single occupant vehicle. Preferential
parking may be provided in more convenient locations to destinations as an
incentive to utilize lower emitting modes of travel.
SIP is the portion (or portions) of
the state implementation plan, or most recent revision thereof, approved under
§ 110 of the Clean Air Act, or promulgated under § 110(c), or
promulgated under § 301(d) and which implements the relevant requirements
of the Clean Air Act.
Telecommuting means working at home or
at a satellite facility which substantially reduces the VMT which would occur
by working at the primary employment location.
ULEV means an ultra low emitting
vehicle as defined at
310 CMR
7.40.
Vanpool means a vehicle carrying eight
or more passengers.
VMT means vehicle miles
travelled.
Vehicle trip reduction programs are
programs designed to reduce VMT or vehicle trips by influencing travel behavior
and demand or by reducing air emissions from mobile sources by utilizing clean
fuels.
ZEV means a zero emitting passenger
car or light duty truck which produces zero emissions under any and all
possible operations.
(3)
Applicability. 310 CMR 60.04 is applicable within the
geographic boundaries of the City of Cambridge.
(4)
Terms of the Vehicle Trip
Reduction Program.
(a) The City
shall implement a vehicle trip reduction program that offsets VMT associated
with the issuance of new commercial parking space permits in Cambridge in
excess of the number allowed by the Cambridge Parking Freeze (13,452 spaces),
to maintain a level of air emissions less than or equal to those estimated to
occur absent replacement and substitution of the Cambridge Parking
Freeze.
(b) As of the date of
approval by EPA of 310 CMR 60.04 as an amendment to the Massachusetts SIP, the
City may issue new parking permits for commercial parking spaces in excess of
the number allowed by the Cambridge Parking Freeze provided:
1. the City is implementing vehicle trip
reduction measures to offset the air emissions associated with such new
commercial parking spaces in excess of the number allowed by the Cambridge
Parking Freeze; and
2. either a
report has been submitted by the City and has been approved by the Department
pursuant to 310 CMR 60.04(12) or else the City has submitted a certification
that fewer than 13,452 commercial parking spaces exist in the City.
(c) Prior to EPA approval of 310
CMR 60.04 as an amendment to the Massachusetts SIP, the City shall not issue
more than 81 new commercial parking space permits unless the permits are issued
to replace other commercial parking spaces that have been permanently taken out
of service as commercial parking spaces after July 17,1996.
(d) Prior to issuing parking permits for
commercial parking spaces pursuant to 310 CMR 60.04(4)(c), the City shall
notify the Department and EPA.
(5)
Vehicle Trip Reduction
Program.
(a) The City's vehicle
trip reduction program may include, but shall not be limited to, the measures
described in 310 CMR 60.04.
(b)
Municipal Employee Trip Reduction Measure.
1.
The City may implement a municipal employee trip reduction measure applicable
to municipal departments and employees in the City. The measure may include
some or all of the following requirements:
a.
the provision of incentives, assistance and information on alternative modes of
travel to the single occupant vehicle to all municipal employers and
employees;
b. preferential parking
for carpools, vanpools, ULEVS, and ZEVs;
c. the provision of an employee shuttle
service;
d. financial subsidies and
incentives for use of public transit;
e. alternative work schedules including the
provision of flex-time, telecommuting and/or four day workweek to employees;
and
f. restrictions on or reduction
of employee parking spaces.
2. If the City chooses this option, it shall
monitor the effectiveness of the municipal vehicle trip reduction measure by
tracking some or all of the following:
a.
improvements to the automobile efficiency rate for municipal
employees;
b. the number of transit
pass sales sold through payroll deduction;
c. ridership levels of employee shuttle
services;
d. the number of
preferential parking spaces for employees;
e. the number of users of Caravan for
Commuters, inc. ride matching services; and
f. the number of bicycles, ULEVS, ZEV fleet
vehicles used or operated by municipal employees.
(c) Increase of the Municipal
Parking Rates.
1. The City may permanently
increase parking fees for daily parking at City-owned, off-street parking
facilities.
2. If the City chooses
this option, it shall monitor and track the extent and amount of rate increases
for each municipal parking facility.
(d) Bicycle and Pedestrian Mobility Measure.
1. The City may design, fund, and implement
programs to improve bicycle and pedestrian mobility. The bicycle and pedestrian
mobility measure may include some or all of the following components:
a. the designation of a city bicycle and/or
pedestrian coordinator;
b. the
development of a master plan and improvements to the street network for bicycle
and pedestrian access;
c.
installation of bicycle racks and storage facilities;
d. the provision of bicycles for use by City
police, traffic and Parking Department personnel and other municipal employees;
and
e. the addition of exclusive
bicycle lanes on major streets.
2. If the City chooses this option, it shall
monitor the effectiveness of the bicycle and pedestrian mobility measure by
tracking some or all of the following:
a. the
amount of linear feet of exclusive bicycle lanes;
b. the number of bicycle parking
facilities;
c. the number of
City-owned bicycles available for use by municipal employees; and
d. the maintenance of infrastructure
improvements.
(e) Transportation Demand Management for
Expansions and New Development.
1. The City
may develop and implement an ongoing transportation demand management measure
which may be applicable to new and expanded municipal facilities of 25,000
square feet or more and to those private development projects of 75,000 square
feet or more that are subject to special permits. The transportation demand
management measure may require some or all of the following:
a. designating a transportation management
coordinator responsible for distributing information and coordinating traffic
management programs within the new development;
b. discouraging or restricting use of parking
spaces by single-occupant vehicles;
c. funding local or area-wide shuttle
services to public transit stations and/or shopping centers;
d. encouragement of flextime for employees of
all tenants;
e. promotion of the
use of public transportation by providing transit information and participation
in the MBTA commuter pass program;
f. operation of a computer-based ridesharing
information bank or coordination of ridesharing promotional programs with any
existing commuter mobility program;
g. preferential parking;
h. establishing reduced parking fees or
providing subsidies for carpool and vanpool parking;
i. encouragement of local employment
opportunities by tenants of the new development; and
j. providing safe, convenient, sheltered
bicycle storage facilities and/or shower facilities for bicycle
commuters.
2. If the
City chooses this option, it shall monitor the effectiveness of the
transportation demand management measure by tracking some or all of the
following for each such new or expanded municipal development:
a. the number of users of Caravan for
Commuters, inc. services;
b. the
number of transit pass sales through payroll deduction;
c. the number of riders on employee shuttles;
and
d. the number of
carpool/vanpool/ULEV/ZEV parking spaces and bicycle facilities.
3. If the City chooses this
option, it shall monitor the effectiveness of the transportation demand
management measure by tracking the following for each such new or expanded
private development: transportation demand management requirements under a
special permit from the Planning Board which may include but need not be
limited to some or all of the following.
a.
the number of users of Caravan for Commuters, inc. services;
b. the number of transit pass sales through
payroll deduction;
c. the number of
riders on employee shuttles; and
d.
the number of carpool/vanpool/ULEV/ZEV parking spaces and bicycle
facilities.
(6)
Feasibility
Studies. Within three years of December 26,1997, the City shall
complete the following studies:
(a) Promotion
of Clean Fuels and Low/Zero Emission Vehicles.
1. The City shall complete a study and
recommend ways to promote and provide incentives for the use of clean fuels and
low/zero emission vehicles within the City. Such incentives may include, at a
minimum, special permits or preferential parking for residents and others with
ULEVS or ZEVS, and conversion of vehicle fleets to clean fuels.
2. The City may implement the outcome of the
study.
3. If the City chooses this
option, it shall monitor the effectiveness of implementing clean fuel and
low/zero emission vehicle strategies by tracking the following;
a. number of ULEV, ZEV fleet vehicles within
City;
b. number of refueling
stations for alternative fuel vehicles;
c. number of City-regulated preferential
parking spaces for ULEV/ZEV.
(b)
Taxi Cab
Improvements.
1. The City shall
complete a study and make recommendations on methods to make taxi cabs more
accessible for use by multiple passengers with different
destinations.
2. The City may study
the role of taxi cabs in a para-transit system for the City.
3. The City may study incentives for
conversion of taxi fleets to clean fuels and/or zero emission
vehicles.
4. The City may implement
the outcome of the study.
5. If the
City chooses this option, it shall monitor the effectiveness of implementing
taxi cab improvements by tracking the following:
a. the extent taxi cabs play in the paratran
sit system;
b. ridership
levels;
c. the number of vouchers
issued;
d. the number of
fleet/vehicle conversions.
(c)
Zoning.
1. The City of Cambridge shall complete a
study and recommend revisions to the Cambridge Zoning Ordinance to promote
reductions of VMT and traffic congestion and to increase commuting alternatives
to the single-occupant vehicle. The City shall consider: densities to achieve
the goal of reduced VMT; eliminating the exclusion of parking in the
calculation of gross floor area; reducing the minimum and maximum parking
requirements; including special provisions for carpools and vanpools; and
encouraging mixed-use developments.
(7)
Travel Demand
Management. The City shall work and coordinate with the
Commonwealth and the Department to explore additional ways to manage travel
demand and demand for parking in the City and ways in which it can facilitate
the transfer of parking space permits and/or parking spaces in the
City.
(8)
City
Enforcement Programs.
(a) The
City shall inspect periodically non-residential parking facilities to ensure
that they are operating pursuant to and in compliance with appropriate permits
and approvals and that non-commercial spaces are being used solely for
non-commercial purposes and are not available as commercial parking spaces. The
City shall take enforcement action against violators. The City shall forward
copies of all inspection reports to the Department.
(b) The City may focus on enforcement of
statutory and regulatory prohibitions against idling by buses, trucks, taxis
and automobiles in accordance with the requirements set forth in
310 CMR
7.11(1)(b), air Pollution
Control Regulations, U Transportation Media.
(9)
Coordination
Activities.
Improved Coordination with the
MBTA.
(a) The City may
work with the MBTA to improve the accessibility of public transit and to
explore the development of a local para-transit system in the City.
(b) The City may identify barriers to use of
the MBTA by residents and commuters.
(c) The City may conduct public forums
throughout the city to assess transit needs and to inform residents and
commuters of transit options.
(d)
If the City chooses this option, it shall monitor the effectiveness of improved
coordination with the MBTA by documenting the following:
1. City efforts to improve routing of buses
to reduce number of connections and changes
2. the number of bicycle parking facilities
at or near subway and bus transit nodes
3. the number of locations and volume of
distribution of MBTA routes and schedule information
4. improved multi-modal linkages between MBTA
stations and bike and pedestrian facilities
(10)
Monitoring and Demonstration
Plan.
(a) The City shall
implement the Monitoring and Demonstration Plan.
(b) The City shall continuously monitor the
number of commercial parking spaces within the City and the effectiveness of
the vehicle trip reduction program implemented in the City in achieving a
combination of reductions in VMT, vehicle trips and vehicle air emissions to
confirm that the requirement of 310 CMR 60.04(4)(a) is being met.
(c) If the number of commercial parking
spaces in the City exceeds 13,452 spaces and the Monitoring and Demonstration
Plan does not demonstrate that the requirements of 310 CMR 60.04(4)(a) have
been met, the City shall be prohibited from issuing any commercial parking
space permits.
(11)
Recordkeeping and Reporting.
(a) Beginning one year after EPA approves 310
CMR 60.04 as a SIP amendment and as a replacement of
40 C.F.R. §§
52.1128,
52.1135
and every year for three years, and every other year thereafter, the City shall
complete a report on the vehicle trip reduction programs and strategies in
place in the City. This report shall include the status and progress of the
programs and studies required by 310 CMR 60.04. Said report shall include:
1. a description of each vehicle trip
reduction measure and its implementation status;
2. an inventory of commercial parking spaces
permitted by the City pursuant to 310 CMR 60.04;
3. a compilation of supporting data collected
pursuant to 310 CMR 60.04(10) or other supporting data, if available;
and
4. a certification by the City
that the vehicle trip reduction measures are being implemented in a manner
consistent with the assumptions in the Report to determine emissions associated
with new parking permits for commercial parking spaces pursuant to 310 CMR
60.04(4)(a) in excess of the number allowed by the Cambridge Parking
Freeze.
(b) The City
shall submit copies of the status report to the Department, EPA Region I and
the chairman of the Boston Metropolitan Planning Organization.
(c) The City shall maintain records that
document the assumptions used in the Report to determine emissions reductions
from the City's Vehicle Trip Reduction Program and to demonstrate compliance
with 310 CMR 60.04(4)(a).
(12)
Monitoring and Demonstration
Report Review.
(a) For those
years in which a report is required to demonstrate that the City is offsetting
air emissions associated with that number of commercial parking spaces
permitted in the City in excess of 13,452, the City shall submit the Monitoring
and Demonstration Report to the Department. Within 45 days of receipt of the
Report, the Department shall either:
1. render
a determination of its adequacy or inadequacy; or
2. submit the report to the Oversight
Committee for review and comment.
(b) The Oversight Committee is authorized to
review the effectiveness of the vehicle trip reduction program at offsetting
air emissions and VMT associated with new commercial parking spaces permitted
in excess of the number allowed by the Cambridge Parking Freeze, recommend ways
to improve the effectiveness of the program and advise the Department whether
the City has met its obligations under 310 CMR 60.04(4)(a). The Oversight
Committee shall submit its advice to the Department within 60 days of receipt
of a Monitoring and Demonstration Report.
(c) If the Oversight Committee, based on its
review of the Monitoring and Demonstration Report, advises the Department that
the City has met its obligations under 310 CMR 60.04(4)(a), the Report shall be
approved by the Department within 30 days unless the Department finds, based on
additional information, that 310 CMR 60.04(4)(a) has not been met.
(d) If the Oversight Committee, based on its
review of the Monitoring and Demonstration Report, advises the Department that
the City has failed to meet its obligations, the Department shall hold a public
hearing within 45 days of receipt of the Oversight Committee's advice. Within
60 days after the public hearing, the Department will issue a finding of
adequacy or inadequacy, depending on the results of the review and public
comment.
(e) If the Report is found
inadequate pursuant to 310 CMR 60.04(12), and notwithstanding a request for an
adjudicatory hearing, the City shall resolve the inadequacies to the
satisfaction of the Department prior to issuing any new commercial parking
space permits for spaces in excess of 13,452. If the City and the Department
are unable to resolve their differences within 60 days, the City may request an
adjudicatory hearing on the Department's determination pursuant to M.G.L c. 21A
and c. 30A.
(f) The City has the
option to submit a Monitoring and Demonstration Report to the Department in
years when such a report is not otherwise required. The City shall submit a
Monitoring and Demonstration Report to the Department and the Oversight
Committee at such time when there are 13,377 commercial parking spaces
permitted in the City in order to identify how the air emissions associated
with new commercial parking spaces in excess of 13,452 will be offset.
(13)
Enforcement. The Department may enforce 310 CMR 60.04
under applicable law.
(14)
Responsibilities Under the Clean Air Act.
(a) Programs included in the Massachusetts
SIP or regulations thereunder may not be included in the Cambridge Vehicle Trip
Reduction Program for the purposes of 310 CMR 60.04 except to the extent the
City's implementation of or contribution to such program or regulation achieves
results in excess of the goals established by the SIP for such program or
regulation.
(b) The failure of the
City of Cambridge to comply with the requirements of 310 CMR 60.04 may be the
cause for the Department to make a finding of non-conformity under section
176(c) of the Clean Air Act,
42 U.S.C.
7506(c) and the state and
federal Transportation Conformity regulations,
310
CMR 60.03 and 40 CFR Part 51, Subpart T,
respectively.
