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Informational Webinar 
September 17, 2014 
David Burch & Jackie Winkel 
Bay Area Air Quality Management District 
Christine Maley-Grubl 
Metropolitan Transportation Commission 
Linda Furnas 
511 Regional Rideshare Program
Background 
• Bay Area Commuter Benefits Program now in effect 
• Developed pursuant to Senate Bill 1339 
• Modeled on local ordinances in several Bay Area cities 
- Berkeley, Richmond, San Francisco, SF Int’l Airport 
• Employers must comply by offering one of four commuter 
benefit options 
• Register by September 30, 2014 
• Pilot program: 2014 – 2016 
2
Who Needs to Comply? 
• Employers with 50+ full-time 
employees in the Bay Area, including: 
 Private businesses 
 Public agencies 
 Non-profit organizations 
• Count based on all Bay Area 
worksites combined 
 Including branch locations with less than 
50 employees 
• Includes worksites within the Air 
District boundaries 
10 
20 
25 
3
Who Qualifies as an Employee? 
• Employee: Anyone who receives a W-2 form for tax 
purposes 
• Full-time employees: Employees who work at least 
30 hours per week (excluding seasonal/temporary and 
field employees) 
• Covered employees: Employees must offer the 
commuter benefit to all “covered employees” who 
work at least 20 hours per week 
4
Exemptions 
Exemptions: 
• Seasonal/temporary employees: employees who work 
120 days per calendar year or less are exempt from the 
employee definition 
• Field employees: employees who do not report to a 
permanent worksite & do not report to an office to pick up 
an employer-provided vehicle are also exempt 
5
Program Requirements 
Key Requirements (by September 30, 2014): 
• Select one of four commuter benefit options 
• Designate a commuter benefits coordinator 
• Register online: 511.org, click on Bay Area Commuter Benefits Program 
• Notify employees 
• Make commuter benefit available (by October 1) 
• Provide information needed for Program evaluation 
• There are no performance standards 
6
Four Commuter Benefit Options 
• Option 1: Pre-tax payroll deduction for transit or vanpool 
 Allow employees to exclude their transit or vanpool costs from 
taxable income (maximum allowed by IRS currently $130 per month) 
 Employers save $ on payroll taxes 
 Employees save $ on payroll & income taxes 
• Option 2: Direct subsidy for transit or vanpool (or transit 
pass) 
 Maximum subsidy required is $75 per month 
• Option 3: Employer-provided transportation 
 Bus, shuttle, vanpool 
• Option 4: Alternative commuter benefit 
7
Registration process 
• On-line registration process: www.511.org 
then go to: Bay Area Commuter Benefits Program 
• Report via registration form: 
• Bay Area worksite locations 
• Employee count: full-time employees & covered employees 
• Commuter benefit option selected 
• How employees will be notified 
• Employer ID # needed to register: 
If you need ID #, contact commuterbenefits@511.org or 
Michelle Mau, Help Line Specialist: 510-273-3680 
8
Program Landing Page on 
9
Free Employer Assistance Available 
• Employer assistance on 511 Commuter Benefits webpage 
 Employer Guide / Option 4 Guide 
 Frequently Asked Questions 
 List of commuter benefit providers 
 Video with Program overview 
 Profiles of Employer programs 
• Phone Help Line for employers - Call 511 
• Employer commute program development and design 
 Help in evaluating commuter benefit options 
 Customizable on-line surveys & survey reports 
 Density mapping (where do your employees live?) 
 Vanpool & Carpool formation 
 Telework and Compressed Work Week information 
10
Frequently Asked Questions 
Are part-time employees covered? 
•Employers subject to the Program are required to offer the commuter benefit to all 
employees who work 20 or more hours per week. 
Are there fines/penalties for non-compliance? 
•The Program is focused on achieving voluntary compliance. However, all 
employers subject to the Program are required by law to participate. The Air 
District can impose a financial penalty for non-compliance as authorized by the 
California Health and Safety Code. 
Can an employer offer multiple options, or different options for different 
worksite locations? Can an employer switch options? 
•Yes and yes. An employer can offer different options at different worksites. An 
employer can also switch options at any time, provided they revise their 
registration information at the time of their annual registration update. 
11
Questions? 
Please submit any questions 
you have regarding the 
material we covered in slides 
1-11 
12
Option 1: Pre-Tax Payroll Deduction 
Option 1: Pre-tax payroll deduction for transit or vanpool 
 Allow employees to exclude their transit or vanpool costs from taxable 
income (maximum allowed by IRS currently $130 per month) 
 Federal tax benefit for employees, but employer must facilitate this 
 Tax savings for both employers & employees 
Employers can administer and manage the pre-tax benefit “in-house”: 
 Notify employees, make payroll deductions, purchase & distribute 
vouchers or transit passes 
13
Option 1: Pre-Tax Payroll Deduction 
Third party vendors are available to assist employers in 
implementing Option 1 
• Most vendors charge a nominal fee (usually offset by payroll tax 
savings) 
• Vendor provides reports & ensures that program complies with IRS 
guidelines 
• Employees can manage their own commuter accounts individually 
• List of vendors is available on Program website 
• See Option 1 tutorial on Program website for additional information 
14
Frequently Asked Questions: Option 1 
Does the employer need to purchase the transit/vanpool pass and set 
up reimbursement to comply with federal requirements? 
 Yes, an employer needs to either directly purchase the transit/vanpool passes 
or vouchers, or indirectly via a third-party vendor. Under IRS guidelines, a 
cash reimbursement system is not allowed in areas (such as SF Bay Area) 
where transit passes are “readily available”. 
What if an employee’s total monthly transit or vanpool costs exceed the 
amount allowed by the IRS for pre-tax ($130/month)? 
 The maximum pre-tax set aside for each employee is $130/month. Any 
amount over $130/month is taxable. 
Does the employer have to allow use of pre-tax dollars for both transit 
and vanpools? 
 Yes, consistent with IRS commuter tax benefits, the intent of Option 1 is to 
15 promote both transit and vanpooling.
Option 2: Employer-Provided Subsidy 
Option 2: Direct subsidy for transit or vanpool (or transit pass) 
 Maximum subsidy required is $75 per month or the cost to cover 
employee’s monthly transit/vanpool costs, whichever is lower 
 A higher subsidy is allowed - at the discretion of the employer 
 Subsidy provided to employees is tax-free (up to $130 per month) 
 Subsidies are typically provided to employees in the form of a transit 
card (ex: Clipper card) or a voucher (used by the employee to 
purchase the transit/vanpool of their choice). 
 Option 2 can be combined with Option 1 
16
Frequently Asked Questions: Option 2 
Does Option 2 include subsidy for “qualified parking”? 
 No. While the federal tax code does provide tax benefits for employer-subsidized 
parking, providing a subsidy for parking does not qualify for 
purposes of complying with the Bay Area Commuter Benefits Program. 
Does providing transit passes via VTA’s EcoPass, AC Transit’s 
EasyPass, or Caltrain GoPass programs comply with Option 2? 
 Yes, this would qualify for purposes of Option 2. However, please note that in 
areas where there are multiple transit providers, employers are encouraged 
to complement this by also making Option 1 available for employees who use 
other transit agencies. 
Can employer provide a subsidy of less than $75 per employee per 
month? 
 Yes, but only if the employee’s transit or vanpool cost is less than $75 per 
month. If the employee’s monthly transit/vanpool costs exceed $75, the 
employer must provide a $75 subsidy in order to comply via Option 2. 
17
Questions? 
Please submit any questions 
you have regarding Option 1 
and Option 2 
18
Option 3: Employer-Provided Transportation 
Option 3: Employer-provided transportation 
Bus, shuttle, vanpool service 
Service from employee residential areas or transit stations 
to worksite 
Shared service with other nearby businesses 
See list of transportation providers on Program webpage 
19
Option 4: Alternative Commuter Benefit 
• Option 4: Good option in areas with limited transit service 
– Provides flexibility & choices for employers 
– Promote alternative commute modes such as carpooling, 
bicycling, walking 
– Alternative must be as effective as Options 1-3 
– Employer can select from menu of measures (Option 4a or 4b) 
– Or employer can propose an alternative benefit (Option 4c) 
20
Option 4: Menu of Measures 
Option 4A: Choose one primary & two secondary measures 
Option 4B: Choose four secondary measures 
Primary Measures 
 Carpool Subsidy ($3/day) 
 Bicycle Subsidy 
($20/month) 
 Telework Program 
 Compressed Work-Week 
 Parking Cash-Out 
 Electric Vehicle 
Implementation 
Secondary Measures 
 Employer-specific carpool match service (free) 
 Emergency Ride Home program (free) 
 Preferred parking for carpools 
 Secure, on-site bicycle parking 
 Showers/lockers for bicyclists/walkers 
 Employer-sponsored Bike Share Program 
 Employee commuting “awards” program 
 On-site amenity (cafe, ATM, childcare, etc.) 
 Provide real-time commuting info 
 Lunchtime shuttle 
21
Frequently Asked Questions: Options 3 & 4 
If a worksite is served by a free bus or shuttle, does that 
qualify for complying via Option 3? 
 In order to qualify for compliance via Option 3, the employer must be 
helping to fund the bus or shuttle service. For example: if an employer 
contributes to a Transportation Management Association or Business 
Improvement District which operates a shuttle that serves its worksite, that 
would qualify. 
22
Questions? 
Please submit any questions 
you have regarding Option 3 
and Option 4 or anything not 
covered during this 
presentation 
23
For Additional Information 
Go to 511.org, click on 
Bay Area Commuter Benefits Program 
Contact: 
commuterbenefits@511.org 
or 
Michelle Mah, Help Line Specialist 
PH: 510-273-3680 
24

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Commuter Benefits Webinar #2: Your Questions Answered

  • 1. Informational Webinar September 17, 2014 David Burch & Jackie Winkel Bay Area Air Quality Management District Christine Maley-Grubl Metropolitan Transportation Commission Linda Furnas 511 Regional Rideshare Program
  • 2. Background • Bay Area Commuter Benefits Program now in effect • Developed pursuant to Senate Bill 1339 • Modeled on local ordinances in several Bay Area cities - Berkeley, Richmond, San Francisco, SF Int’l Airport • Employers must comply by offering one of four commuter benefit options • Register by September 30, 2014 • Pilot program: 2014 – 2016 2
  • 3. Who Needs to Comply? • Employers with 50+ full-time employees in the Bay Area, including:  Private businesses  Public agencies  Non-profit organizations • Count based on all Bay Area worksites combined  Including branch locations with less than 50 employees • Includes worksites within the Air District boundaries 10 20 25 3
  • 4. Who Qualifies as an Employee? • Employee: Anyone who receives a W-2 form for tax purposes • Full-time employees: Employees who work at least 30 hours per week (excluding seasonal/temporary and field employees) • Covered employees: Employees must offer the commuter benefit to all “covered employees” who work at least 20 hours per week 4
  • 5. Exemptions Exemptions: • Seasonal/temporary employees: employees who work 120 days per calendar year or less are exempt from the employee definition • Field employees: employees who do not report to a permanent worksite & do not report to an office to pick up an employer-provided vehicle are also exempt 5
  • 6. Program Requirements Key Requirements (by September 30, 2014): • Select one of four commuter benefit options • Designate a commuter benefits coordinator • Register online: 511.org, click on Bay Area Commuter Benefits Program • Notify employees • Make commuter benefit available (by October 1) • Provide information needed for Program evaluation • There are no performance standards 6
  • 7. Four Commuter Benefit Options • Option 1: Pre-tax payroll deduction for transit or vanpool  Allow employees to exclude their transit or vanpool costs from taxable income (maximum allowed by IRS currently $130 per month)  Employers save $ on payroll taxes  Employees save $ on payroll & income taxes • Option 2: Direct subsidy for transit or vanpool (or transit pass)  Maximum subsidy required is $75 per month • Option 3: Employer-provided transportation  Bus, shuttle, vanpool • Option 4: Alternative commuter benefit 7
  • 8. Registration process • On-line registration process: www.511.org then go to: Bay Area Commuter Benefits Program • Report via registration form: • Bay Area worksite locations • Employee count: full-time employees & covered employees • Commuter benefit option selected • How employees will be notified • Employer ID # needed to register: If you need ID #, contact commuterbenefits@511.org or Michelle Mau, Help Line Specialist: 510-273-3680 8
  • 10. Free Employer Assistance Available • Employer assistance on 511 Commuter Benefits webpage  Employer Guide / Option 4 Guide  Frequently Asked Questions  List of commuter benefit providers  Video with Program overview  Profiles of Employer programs • Phone Help Line for employers - Call 511 • Employer commute program development and design  Help in evaluating commuter benefit options  Customizable on-line surveys & survey reports  Density mapping (where do your employees live?)  Vanpool & Carpool formation  Telework and Compressed Work Week information 10
  • 11. Frequently Asked Questions Are part-time employees covered? •Employers subject to the Program are required to offer the commuter benefit to all employees who work 20 or more hours per week. Are there fines/penalties for non-compliance? •The Program is focused on achieving voluntary compliance. However, all employers subject to the Program are required by law to participate. The Air District can impose a financial penalty for non-compliance as authorized by the California Health and Safety Code. Can an employer offer multiple options, or different options for different worksite locations? Can an employer switch options? •Yes and yes. An employer can offer different options at different worksites. An employer can also switch options at any time, provided they revise their registration information at the time of their annual registration update. 11
  • 12. Questions? Please submit any questions you have regarding the material we covered in slides 1-11 12
  • 13. Option 1: Pre-Tax Payroll Deduction Option 1: Pre-tax payroll deduction for transit or vanpool  Allow employees to exclude their transit or vanpool costs from taxable income (maximum allowed by IRS currently $130 per month)  Federal tax benefit for employees, but employer must facilitate this  Tax savings for both employers & employees Employers can administer and manage the pre-tax benefit “in-house”:  Notify employees, make payroll deductions, purchase & distribute vouchers or transit passes 13
  • 14. Option 1: Pre-Tax Payroll Deduction Third party vendors are available to assist employers in implementing Option 1 • Most vendors charge a nominal fee (usually offset by payroll tax savings) • Vendor provides reports & ensures that program complies with IRS guidelines • Employees can manage their own commuter accounts individually • List of vendors is available on Program website • See Option 1 tutorial on Program website for additional information 14
  • 15. Frequently Asked Questions: Option 1 Does the employer need to purchase the transit/vanpool pass and set up reimbursement to comply with federal requirements?  Yes, an employer needs to either directly purchase the transit/vanpool passes or vouchers, or indirectly via a third-party vendor. Under IRS guidelines, a cash reimbursement system is not allowed in areas (such as SF Bay Area) where transit passes are “readily available”. What if an employee’s total monthly transit or vanpool costs exceed the amount allowed by the IRS for pre-tax ($130/month)?  The maximum pre-tax set aside for each employee is $130/month. Any amount over $130/month is taxable. Does the employer have to allow use of pre-tax dollars for both transit and vanpools?  Yes, consistent with IRS commuter tax benefits, the intent of Option 1 is to 15 promote both transit and vanpooling.
  • 16. Option 2: Employer-Provided Subsidy Option 2: Direct subsidy for transit or vanpool (or transit pass)  Maximum subsidy required is $75 per month or the cost to cover employee’s monthly transit/vanpool costs, whichever is lower  A higher subsidy is allowed - at the discretion of the employer  Subsidy provided to employees is tax-free (up to $130 per month)  Subsidies are typically provided to employees in the form of a transit card (ex: Clipper card) or a voucher (used by the employee to purchase the transit/vanpool of their choice).  Option 2 can be combined with Option 1 16
  • 17. Frequently Asked Questions: Option 2 Does Option 2 include subsidy for “qualified parking”?  No. While the federal tax code does provide tax benefits for employer-subsidized parking, providing a subsidy for parking does not qualify for purposes of complying with the Bay Area Commuter Benefits Program. Does providing transit passes via VTA’s EcoPass, AC Transit’s EasyPass, or Caltrain GoPass programs comply with Option 2?  Yes, this would qualify for purposes of Option 2. However, please note that in areas where there are multiple transit providers, employers are encouraged to complement this by also making Option 1 available for employees who use other transit agencies. Can employer provide a subsidy of less than $75 per employee per month?  Yes, but only if the employee’s transit or vanpool cost is less than $75 per month. If the employee’s monthly transit/vanpool costs exceed $75, the employer must provide a $75 subsidy in order to comply via Option 2. 17
  • 18. Questions? Please submit any questions you have regarding Option 1 and Option 2 18
  • 19. Option 3: Employer-Provided Transportation Option 3: Employer-provided transportation Bus, shuttle, vanpool service Service from employee residential areas or transit stations to worksite Shared service with other nearby businesses See list of transportation providers on Program webpage 19
  • 20. Option 4: Alternative Commuter Benefit • Option 4: Good option in areas with limited transit service – Provides flexibility & choices for employers – Promote alternative commute modes such as carpooling, bicycling, walking – Alternative must be as effective as Options 1-3 – Employer can select from menu of measures (Option 4a or 4b) – Or employer can propose an alternative benefit (Option 4c) 20
  • 21. Option 4: Menu of Measures Option 4A: Choose one primary & two secondary measures Option 4B: Choose four secondary measures Primary Measures  Carpool Subsidy ($3/day)  Bicycle Subsidy ($20/month)  Telework Program  Compressed Work-Week  Parking Cash-Out  Electric Vehicle Implementation Secondary Measures  Employer-specific carpool match service (free)  Emergency Ride Home program (free)  Preferred parking for carpools  Secure, on-site bicycle parking  Showers/lockers for bicyclists/walkers  Employer-sponsored Bike Share Program  Employee commuting “awards” program  On-site amenity (cafe, ATM, childcare, etc.)  Provide real-time commuting info  Lunchtime shuttle 21
  • 22. Frequently Asked Questions: Options 3 & 4 If a worksite is served by a free bus or shuttle, does that qualify for complying via Option 3?  In order to qualify for compliance via Option 3, the employer must be helping to fund the bus or shuttle service. For example: if an employer contributes to a Transportation Management Association or Business Improvement District which operates a shuttle that serves its worksite, that would qualify. 22
  • 23. Questions? Please submit any questions you have regarding Option 3 and Option 4 or anything not covered during this presentation 23
  • 24. For Additional Information Go to 511.org, click on Bay Area Commuter Benefits Program Contact: commuterbenefits@511.org or Michelle Mah, Help Line Specialist PH: 510-273-3680 24

Editor's Notes

  1. Bay Area Commuter Benefits Program now in effect New Regulation 14, Rule 1 serves as foundation for Program Adopted by Air District Board & ratified by MTC Commission in March 2014 Developed pursuant to Senate Bill 1339 Modeled on local ordinances in several Bay Area cities Berkeley, Richmond, San Francisco, SF Int’l Airport Employers must comply by offering one of four commuter benefit options by September 30 Pilot program: 2014 – 2016 Report to Legislature on results in 2016
  2. Employers with 50+ full-time employees in the Bay Area, including: Private businesses Public agencies Non-profit organizations Count based on all Bay Area worksites combined Including branch locations with less than 50 employees Includes worksites within the Air District boundaries (not defined by zip code)
  3. Exemptions: Seasonal/temporary employees: employees who work 120 days per year or less are exempt from the employee definition Field employees: employees who do not report to a permanent worksite & do not report to an office to pick up an employer-provided vehicle are also exempt (per 6/12/14 Compliance Advisory) When these exemptions are applied for the purpose of counting the number of full-time employees, some employers may not be subject to the rule.
  4. Use registration form to report even if you have fewer than 50 employees
  5. Are part-time employees covered? Employers subject to the Program are required to offer the commuter benefit to all employees who work 20 or more hours per week. On a voluntary basis, employers may also choose to offer commuter benefits to part-time employees who work less than 20 hours per week. Are there fines/penalties for non-compliance? The Program is focused on achieving voluntary compliance. However, all employers subject to the Program are required by law to participate. The Air District can impose a financial penalty for non-compliance as authorized by the California Health and Safety Code. Can an employer offer multiple options, or different options for different worksite locations? Can an employer switch options? Yes and yes. An employer can offer different options at different worksites. An employer can also switch options at any time, provided they revise their registration information at the time of their annual registration update.
  6. Use registration form to report even if you have fewer than 50 employees