San Francisco Bay Area government is encouraging commuting employees to use carpools or public transportation rather than to drive alone to and from work; consequently, SB 1339 – the Bay Area Commuter Benefits Program – was enacted. According to the program, administered in the 9 counties of Alameda, Contra Costa, San Mateo, Marin, Napa, San Francisco, Santa Clara, southern Sonoma, and southwestern Solano, employers of 50 or more full-time employees (working at least 30 hours per week) must provide employee commuter benefits by September 30, 2014.
Compliance with Bay Area Air Quality Management District Regulation 14, Rule 1, requires subject employers to provide employees with 1 of 4 options: allowing employees to exclude transit or vanpool costs from taxable income to the federally allowed maximum amount (currently $130/month); paying employees a subsidy for transit or vanpool of up to $75/month; providing free or low-cost bus, shuttle or vanpool transportation for employees; or an alternative that is as effective as the first 3 options in reducing single-occupant commuting to and from work.
Administered by the Metropolitan Transportation Commission and the Bay Area Air Quality Management District, the program also requires employers to designate a Commuter Benefits Coordinator; register online with the Bay Area Air Quality Management District; submit required information before the September 30, 2014 deadline and for each subsequent year; disseminate notice of the Rule and of the benefits to covered employees; and keep required records for 3 years. Though the rule specifically applies to employers with 50 or more full-time employees, employers with fewer employees must still comply with their local commuter benefits ordinances, found here:
https://commuterbenefits.511.org/docs/50_less.pdf
By: Kathy Catanzarite
Source: Kathy Catanzarite - Handelonthelaw.com Staff Writer
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