CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2548Introduced by Assembly Member FriedmanFebruary 15, 2018 An act to add Section 65080.9 to the Government Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2548, as introduced, Friedman. Commute benefit policies: Los Angeles County Metropolitan Transportation Authority: South Coast Air Quality Management District. Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA), with various powers and duties with respect to transportation planning, programming, construction, and operations. Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin, which incorporates a specified portion of the jurisdiction of the authority.This bill would authorize the authority, in coordination with the district, to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the 2 entities with a specified number of employees to offer certain employees commute benefits, as specified. The bill would require that the ordinance specify certain matters, including any consequences for noncompliance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65080.9 is added to the Government Code, to read:65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles.(b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law.(c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior.(d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b).(e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted.(f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance.(g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance.(h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district.(i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance.(j) For purposes of this section, the following definitions shall apply:(1) Authority means the Los Angeles County Metropolitan Transportation Authority.(2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.(3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.(4) District means the South Coast Air Quality Management District. CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2548Introduced by Assembly Member FriedmanFebruary 15, 2018 An act to add Section 65080.9 to the Government Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2548, as introduced, Friedman. Commute benefit policies: Los Angeles County Metropolitan Transportation Authority: South Coast Air Quality Management District. Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA), with various powers and duties with respect to transportation planning, programming, construction, and operations. Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin, which incorporates a specified portion of the jurisdiction of the authority.This bill would authorize the authority, in coordination with the district, to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the 2 entities with a specified number of employees to offer certain employees commute benefits, as specified. The bill would require that the ordinance specify certain matters, including any consequences for noncompliance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2548 Introduced by Assembly Member FriedmanFebruary 15, 2018 Introduced by Assembly Member Friedman February 15, 2018 An act to add Section 65080.9 to the Government Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 2548, as introduced, Friedman. Commute benefit policies: Los Angeles County Metropolitan Transportation Authority: South Coast Air Quality Management District. Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA), with various powers and duties with respect to transportation planning, programming, construction, and operations. Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin, which incorporates a specified portion of the jurisdiction of the authority.This bill would authorize the authority, in coordination with the district, to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the 2 entities with a specified number of employees to offer certain employees commute benefits, as specified. The bill would require that the ordinance specify certain matters, including any consequences for noncompliance. Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA), with various powers and duties with respect to transportation planning, programming, construction, and operations. Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin, which incorporates a specified portion of the jurisdiction of the authority. This bill would authorize the authority, in coordination with the district, to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the 2 entities with a specified number of employees to offer certain employees commute benefits, as specified. The bill would require that the ordinance specify certain matters, including any consequences for noncompliance. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 65080.9 is added to the Government Code, to read:65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles.(b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law.(c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior.(d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b).(e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted.(f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance.(g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance.(h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district.(i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance.(j) For purposes of this section, the following definitions shall apply:(1) Authority means the Los Angeles County Metropolitan Transportation Authority.(2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.(3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.(4) District means the South Coast Air Quality Management District. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 65080.9 is added to the Government Code, to read:65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles.(b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law.(c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior.(d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b).(e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted.(f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance.(g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance.(h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district.(i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance.(j) For purposes of this section, the following definitions shall apply:(1) Authority means the Los Angeles County Metropolitan Transportation Authority.(2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.(3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.(4) District means the South Coast Air Quality Management District. SECTION 1. Section 65080.9 is added to the Government Code, to read: ### SECTION 1. 65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles.(b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law.(c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior.(d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b).(e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted.(f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance.(g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance.(h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district.(i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance.(j) For purposes of this section, the following definitions shall apply:(1) Authority means the Los Angeles County Metropolitan Transportation Authority.(2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.(3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.(4) District means the South Coast Air Quality Management District. 65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles.(b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law.(c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior.(d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b).(e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted.(f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance.(g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance.(h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district.(i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance.(j) For purposes of this section, the following definitions shall apply:(1) Authority means the Los Angeles County Metropolitan Transportation Authority.(2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.(3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.(4) District means the South Coast Air Quality Management District. 65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles.(b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law.(c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior.(d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b).(e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted.(f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance.(g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance.(h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district.(i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance.(j) For purposes of this section, the following definitions shall apply:(1) Authority means the Los Angeles County Metropolitan Transportation Authority.(2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.(3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.(4) District means the South Coast Air Quality Management District. 65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations, county transportation commissions, and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles. (b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority, in coordination with the South Coast Air Quality Management District, with respect to the common area within their respective jurisdictions, may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the authority and district to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law. (c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior. (d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employers own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority or district. The authority or district may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b). (e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted. (f) An employer that participates in, or is represented by, a transportation management association that provides the employers covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association may act on behalf of those employers in that regard. The authority or district shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance. (g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the implementing agencies will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance. (h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority or district. (i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance. (j) For purposes of this section, the following definitions shall apply: (1) Authority means the Los Angeles County Metropolitan Transportation Authority. (2) Covered employee means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates. (3) Covered employer means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted. (4) District means the South Coast Air Quality Management District.