8/6/2019 ALEC Resolution to Eliminate the Clean Air Acts Employee Trip Reduction Provision

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8/6/2019 ALEC Resolution to Eliminate the Clean Air Acts Employee Trip Reduction Provision

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Part XV: Transportation W

RESOLU~ONTOELIMINATETHECLEANAIRACT'SEMPLOYEETRIPREDUCT~ONPROVISION

ALECs model calls for an amendment to the Clean Air Act Amendments of 1990; the Provision in the CleanAir Act which calls for an Employee Trip Reduction should be changed to an option in each statesimplementation plan.

Model Resolution

WHERRAS, through the federal Clean Air Act and its amendments, the states are required to undertakenvarious mandated steps to reduce air pollution and come into compliance with federal law; and

WHEREAS, a balance must be struck between the steps to be taken to reduce air pollution and the adverseimpact those steps may have upon each states economy, business climate, and cost of government; and

WHEREAS, under the Clean Air Act Amendments of 1990, the states classified as extreme or severenon-attainment areas are required to adopt employee commute options and trip reduction laws; and

WHEREAS, companies having one hundred or more employees who will be required to adopt employee tripreduction strategies will in effect be imposing onerous and burdensome travel restrictions on the employeesof companies; and

WHEREAS, the federal government has launched this ill-conceived initiative through the Clean Air Act andits amendments, modeled after California legislation; and

WHEREAS, the ineffectiveness and huge cost of Californias program are now coming to the surface; and

WHEREAS, trip reduction efforts have cost California between $136 and $197 million per year; and

WHEREAS, the costs experienced by California amount to approximately $3,000 per car taken off the roadand $232 per employee; and

WHEREAS, the United States Environmental Protection Agency has estimated that it will cost the

economies of just the ten extreme and severe non-attainment areas a staggering $1.5 billion per year or$337 per employee, and

WHEREAS, the United States General Accounting Oftice estimates that trip reduction programs will onlyyield a one to three percent reduction in vehicle traffic which will be quickly reversed by expected urbangrowth; and

WHEREAS, any resulting benefits from mandatory carpooling will be short-lived at best and will never meetthe goals of the Clean Air Act, as the California experience, the General Accounting Office studies, andurban growth have demonstrated: and

WHEREAS, the General Accounting Office believes that virtually none of the trip reduction measures calledfor in the Clean Air Act will significantly reduce emissions; and

WHEREAS, recent studies cited by Transportation Quarterly indicate that not more than nine percent of allcars are responsible for as much as fifty percent of automotive emissions; and

WHEREAS, the General Accounting Off%x has concluded that the existing models used to predict emissionreductions for trip reduction measures cannot be counted on with confidence to estimate actual reductions;and

WHEREAS, there is no data or analysis to demonstrate that the Clean Air Act mandates will accomplish thetrip and emission reduction mandated in the Clean Air Act; and

Volume II: SourcebookofAmerican State Legislation 1995 381

8/6/2019 ALEC Resolution to Eliminate the Clean Air Acts Employee Trip Reduction Provision

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Port XV: Tratiportation n

WHEREAS, it is obvious to every employer, employee, governmental entity, and the General AccountingOffice that the costs and results of the mandated trip reduction measures do not justify the economic andsocial hardships which occur in non-attainment areas if employment trip reduction mandates continue as partof the Clean Air Act; and

WHEREAS, despite the fact that other avenues may be available which would result in, among other things,the elimination of the federal mandate for a vehicle reduction program, it is imperative that the path chosennot result in the disruption of many critical and environmentally desirable programs along with the desiredelimination of such a program; and

WHEREAS, it is in the best interests of the employees and the employers to chose the course of action whichis directed toward accomplishing one thing - the elimination of the federally mandated vehicle tripreduction program; and

NOW THEREFORE BE ITRESOLVZD, by the American Legislative Exchange Council that the UnitedStates Congress is strongly urged to adopt an amendment to the Clean Air Act Amendments of 1990 toeliminate the provisions that mandate an Employer Trip Reduction Program in extreme and severe non-attainment areas and, in lieu thereof, leave such a program as an option to be implemented by the statesbased on relative costs, timing and benefits of such a program.

BE IT FURTHER RESOLVED, that every state legislative body join in this effort by adopting a similarResolution.

BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to each and every member ofthe Congress of the United States and each house of the Legislature of each State.

Volume I: Sourcebook f AmericanStateLegislation 1995 382