Background Regulations

What are the laws affecting transportation in Providence? Many areas and cities have trip reduction laws in place that govern how they manage their transportation problems. These laws require employers of a certain size to implement TDM strategies to reduce the number of vehicle trips. Although Providence does not have a trip reduction law, the city is affected by the following:

In 1977, Congress passed the Clean Air Act in an effort to combat air pollution caused by anthropogenic activities. The 1990 CAA amendments (CAAA) set forth standards for six criteria air pollutants: ozone, lead, carbon monoxide, particulate matter, nitrogen oxide, and sulfur dioxide. Since 1999, the state of Rhode Island has exceeded the standard for ozone, a pollutant created by photochemical reactions between NOx and VOCs [17]. Automobiles are major emitters of NOx and VOCs, and subsequently, are cited as the main contributor to the ozone problem. Pursuant to CAAA, the US Environmental Protection Agency has designated Rhode Island as a serious nonattainment area for ozone. This designation can affect the state's eligibility to receive federal highway money.

The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 was the first piece of legislation to mandate that congested metropolitan areas consider alternatives before increasing the road supply [23]. ISTEA offered funding for transportation demand management (TDM) projects primarily through the Congestion Mitigation and Air Quality (CMAQ) program. The CMAQ program authorized up to $1 million to be set aside each year for projects that will reduce transportation emissions in nonattainment areas [24]. In 1998, the Transportation Equity Act for the 21st Century (TEA-21) was enacted, as the successor to ISTEA. TEA-21 continued the initiatives created under ISTEA and increased the amount of authorized funds for the programs [24]. TEA-21 also amended the federal tax code to create tax incentives for employers to offer commuter benefits for employees. Under the new revision:

Employer can pay for their employees to receive $100/month of tax-free transit/vanpool benefits as additional compensation or in lieu of compensation. This could save employers thousands in payroll taxes.
An employee can choose to have up to $100/month of tax-free transit/vanpool benefits deducted from his/her paychecks. By doing so, the employee can save in federal income taxes.
Employers can also offer a parking cashout program where employees may choose to cash out the value of employer-provided parking, forego parking, and receive the taxable cash value of the parking, or receive a tax-free transit or vanpool benefit equal to the value of the parking space (not to exceed $100/month).

These financial incentives made it more attractive for employers to implement TDM programs and for employees to commute by transit/vanpools. TEA-21 is currently up for reauthorization in Congress under a new name, the Safe and Flexible Transportation Efficiency Act (SAFTEA) of 2003. TEA-21 expired on Sept 30, 2003, but Congress recently passed a bill authorizing the 5 month extension of TEA-21 [25].

The Best Workplaces for Commuters program (formerly the Commuter Choice Leadership Initiative) is a public-private voluntary partnership that establishes "a national standard of excellence" for employers offering commuter benefits [26]. Participating employers who offer commuter benefits, such as tax-free transit, vanpooling, ridersharing program, or shuttles, are given national recognition. The program also provides technical assistance and information to participants on commmuter benefits.

The City of Providence Ordinance Section 703 requires that all buildings have a certain minimum number of parking space [27]. The number is predetermined based upon either the number of employees/students, seats, or square footage. The formula varies, some are more complex than others. For example, the minimum parking requirement for a religious facility is 1 space per 5 seats while a university is required to have 1 space per 3 employees plus 1 space per 8 noncommuting students plus 1 space per 2 commuting students. The ordinance is evident of how transportation planners have historically dealt with increased parking demand by increasing the parking supply. This presents a conflict for entities who wish to reduce parking demand but yet has to increase their supply to comply with the ordinance.