310 CMR, § 60.04

Current through Register 1533, October 25, 2024

Section 60.04 - MB City of Cambridge Vehicle Trip Reduction

(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.

310 CMR, § 60.04

Amended by Mass Register Issue S1277, eff. 1/2/2015.

Amended by Mass Register Issue 1345, eff. 8/11/2017.

Amended by Mass Register Issue 1350, eff. 8/11/2017.