HomeMy WebLinkAboutO-2746 - Amends Ch. 11.52, commute trip reduction (CTR) plan (Repealed by 3047) (3)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE No.ellt..j.b
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,
AMENDING CHAPTER 11.52 OF THE MARYSVILLE MUNICIPAL CODE
RELATING TO THE CITY'S COMMUTE TRIP REDUCTION (CTR)PLAN,IN
ACCORDANCE WITH THE WASHINGTON STATE LEGISLATURE'S 2006
COMMUTE TRIP REDUCTION EFFICIENCY ACT,WHICH AMENDED THE
REQUIREMENTS OF RCW 70.94.521-555.
WHEREAS,in 2006, the Washington State Legislature passed the Commute Trip Reduction
(CTR)Efficiency Act amending RCW 70.94.521 - 555 and requiring local governments in those
counties experiencing the greatest automobile-related air pollution and traffic congestion to set new
goals for reducing drive-alone trips and vehicle miles traveled, in order to strengthen the local
governments'Commute Trip Reduction Plans and the tie with local land use and transportation
planning;and
WHEREAS,the City ofMarysville's DRAFT CTR Plan,prepared in accordance with the
revisions to RCW 70.94.521 - 555, was reviewed by Puget Sound Regional Council and was found
to substantively meet the requirements established in WAC 468-63-040;and
WHEREAS,onJanuary 25, 2008,the Washington State Conunute Trip Reduction Board
approved the local and regional CTR Plans for Snohomish County,including the City ofMarysville's
DRAFT CTR Plan;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
HEREBY ORDAIN AS FOLLOWS:
Section 1.Chapter 11.52 MMC,Commute Trip Reduction (CTR)Plan;is hereby amended to
read as follows:
Sections:
.11.52.010
11.52.020
11.52.030
11.52.035
11.52.040
11.52.050
11.52.060
11.52.070
11.52.080
11.52.090
11.52.100
11.52.110
Chapter 11.52
COMMUTE TRIP REDUCTION (CTR)PLAN
Purpose.
Definitions.
Marysville conunute tripreduction (CTR)plan.
CTRGoals
Responsible citydepartment.
Applicability.
New major employers.
Change in status as a major employer.
Generalrequirementsfor employers.
CTRprogram descriptionrequirements.
MandatoryCTRprogram elements.
AdditionalCTRprogram elements.
11.52.120
11.52.130
11.52.140
11.52.150
11.52.160
11.52.170
11.52.180
11.52.200
11.52.210
11.52.220
11.52.230
11.52.240
Record keeping.
CTR program submittal.
Annual CTR reports.
Document review.
Modification ofCTR program elements.
Extensions.
Implementation of employer's CTR program.
Enforcement.
Penalties.
Exemptions and goal modifications.
Appeals.
Severability.
11.52.010Purpose.
The purpose ofthis chapter is to provide a method for compliance with the Washington State Commute
Trip Reduction Law of1991 (RCW 70.94.521 through 70.94.555),as amended in 2006 by the Commute Trip
Reduction Efficiency Act.The Commute Trip Reduction Law Was passed to reduce traffic congestion,air
pollution,and dependency on fossil fuels through employer-based programs encouraging alternative
commute methods to the single-occupancy vehicle.
11.52.020 Definitions.
For the purpose of this chapter,the following defmitions shall apply in interpretation and enforcement of
this chapter:
"Affected employee"means a full-rime employee who begins his or her regular work day at a major
employer worksite between 6:00 a.m. and 9:00 a.m.(inclusive)on two or more weekdays, for at least 12
continuous months,which employee is not an independent contractor and is scheduled to.be employed on a
continuous basis for 52 weeks for an average ofat least 35 hours per week.
"Affected urban growth area" means:
(1) An urban growth area, designated pursuant to RCW 36.70A.110,whose boundaries contain a state
highway segment exceeding the one hundred person hours ofdelay threshold calculated by the
Washington State Department ofTransportation,and any contiguous urban growth areas; and
(2) An urban growth area, designated pursuant to RCW 36.70A.110,containing a jurisdiction with a
population over seventy thousand that adopted a commute trip reduction ordinance before the year
2000, and any contiguous urban growth areas; or
(3) An urban growth area identified by the Washington State Department ofTransportation as listed in
WAC 468-63-020(2)(b).
"Alternative mode"means any means ofcommute transportation other than that in which the
single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks
if they result in reducing commute trips.
"Alternative work schedules"means work schedules that allow employees to work their required hours
outside of the traditional Monday through Friday, 8:00 a.m. to 5:00 p.m. schedule, including programs such as
compressed workweeks that eliminate work trips for affected employees.
"Base year" means the 12-month period that commences when the City ofMarysville determines an
employer is required to comply with the CTR law..
"Base yeax survey"or ''Baseline measurement"means the survey, during the base year,ofemployees at a
major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the
worksite,The Cityuses this measurement to develop commute trip reduction goals for the major employer.
The baseline measurements must be implemented in a manner that meets the requirements specified by the
City.
"Carpool"means a motor vehicle occupied by at least two people traveling together for their commute
trip,which results in the reduction of a minimum ofone motor vehicle commute trip.
"City" means the City ofMarysville.
"Commute trip" means a trip made from a worker's home to a worksite during the peak period of6:00
a.m. to 9:00 a.m. on weekdays.
"Commute Trip Reduction (CTR)Plan"means the City's plan and ordinance that regulate and administer
the CTR program ofa major employer within the City's jurisdiction.
"em Commuter"means a resident or employee in an affected urban growth area who is participating in
the City's commute trip reduction program,including any growth and transportation and efficiencycenter
programs,implemented to meet the City's established targets.
"CTR program"means an employer's strategies to reduce affected employees'SOY use and commute trip
vehicle miles traveled per employee (VMI).
"CTRlaw" means the Commute Trip Reduction law passed by the Washington State legislature in 1991
(Chapter 202, Laws of 1991), codified in RCW 70.94.521 through 70.94.555, and amended in 1997 and 2006,
requiring counties of over 150,000 residents, with one or more major employers, to implement a CTR
ordinance and plan. All citiesin such counties with one or more major employers are also required to adopt
CTR ordinances and plans.
"Commute trip vehicle miles traveled per employee (VMI)"means the sum ofthe individual commute
trip lengths in miles over a set period divided by the number of full-time employees.
"Commuter matching service"means a system that assists in matching commuters for the purpose of
commuting together.
"Compressed work week"means an alternative work schedule,in accordance with employer policy,that
regularlyallows a full-time employee to eliminate at least one work day every two weeks by working longer
hours during the remaining days,resulting in fewer commute trips by the employee. This definition is
primarily intended to include weekly and bi-weekly arrangements,the most typical being four lO-hour .days or
80 hours in nine days,but may also include other arrangements.Compressed work weeks are understood to
be an ongoing arrangement.
"Custom bus/bus pool"means a commuter bus service arranged specifically to transport employees to
work.
"Dominant mode"means the mode oftravel used for the greatest distance of a commute trip.
"Drive-alone"means a single-occupant vehicle.
"Employer"means a sole proprietorship,partnership,corporation,unincorporated association,
cooperative,joint venture,agency,department,district or other individual or entity;whether public,
nonprofit,or private, that employs workers.
"Employee Transportation Coordinator (ETC)"means a person who is designated as responsible for the
development,implementation,and monitoring of an employer's CTR program.
"Exemption"means a waiver from CTR program requirements granted to an employer by the City,based
on unique conditions that apply to the employer or employment site.
"Flex-time"means an employer policy allowingindividual employees some flexibilityin choosing the time,
but not the number,oftheir working hours to facilitate the use of alternative modes.
"Full-time employee"means a person,other than an independent contractor,scheduled to be employed
on a continuous basis for 52 weeks for an average ofat least 35 hours per week.
"Goal"means a purpose toward which efforts are directed.
"Good faith effort"means that an employer has met the minimum requirements identified in RCW
70.94.531 and this chapter, and is working ccllaboratively with the City to continue its existing CTR program,
or is developing and implementing program modifications likelyto result in improvements to its CTR
program over an agreed upon length oftime.
"Growth and transportation efficiency center (GTEC)"means a defined,compact mixed-use urban center
that contains jobs or housing and supports multiple modes oftransportation.For the purpose of funding, a
GTEC must meet minimum criteria established by the CTRBoard under RCW 70.94.537, and must be
certified by a regional transportation planning organization as established in RCW 47.80.020.
"Implementation"means active pursuit by an employer toward the goals ofthis chapter as evidenced by
appointment ofa transportation coordinator,and commencement ofother measures according to their CTR
program and schedule.
'Jurisdictions base year measurement"means the proportion ofsingle-occupant vehicle commute rtips by
CTR commuters,and commute rtip vehicle miles traveled per CTR commuter,on which commute trip
reduction targets for the local jurisdiction shall be based.The jurisdiction's base year measurement,for those
jurisdictions with an affected urban growth area as ofMarch 1, 2007, shall be determined based on employee
surveys administered in the 2006-2007 survey cycle.Ifcomplete employee survey data from the 2006-2007
survey cycle is not available,then the base year measurement shall be calculated from the most recent and
available set ofcomplete employee survey data.
"Major Employer"(former referred to as "affected employer")means a private or public employer,
including a state agency that employs one hundred or more full-time employees at a single worksite who
begin their regular workday between 6:00 a.m.and 9:00 a.m. on weekdays, for at least 12 months.
"Major Worksite"means a building or group ofbuildings that are on physically contiguous parcels of land,
or on parcels ofland separated solely by private or public roadways or rights-of-way,and at which there are
one hundred or more full-time employees,who begin their regular workday between 6:00 a.m.and 9:00 a.m.
on weekdays,for at least 12 continuous months.
"Mode"means the type oftransportation reduction used by employees,such as single-occupant motor
vehicle,ride-share vehicle (carpool,vanpool),transit,ferry, bicycle, walking,compressed work schedule and
telecommuting,
''Notice''means written communication delivered via the UnitedStates Postal Service withreceipt deemed
accepted three days following the day on which the notice was deposited with the Postal Service, unless the
third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the
weekend or legal holiday.
"Peak period"means the hours from 6:00 a.m. to 9:00 a.m.,Monday through Friday,excepi legal holidays.
"Peak period trip"means any employee rtip that delivers the employee to begin his or her regular workday
between 6:00 a.m. and 9:00 a.m.,Monday through Friday,except legal holidays.
"Proportion of single-occupant vehicle trips"or "~SOY rate"means the number ofcommute trips over a
set period made by affected employees in SOVs divided by the number ofaffected employees working during
that period.
''Person hours ofdelay"means the daily person hours ofdelay per mile during the peak period of 6:00
a.m. to 9:00 a.m., as calculated using the best available methodology by the Washingron State Department of
Transportation.
"Single-occupant vehicle (SOV)"means a motorvehicle occupied by one employee for commute
purposes,including a motorcycle.If there are other passengers occupying the motorvehicle,but the ages of
these passengers are sixteen or under,the motor vehicle is still considered a "single-occupant vehicle"for
measurement purposes.
"Single-occupant vehicle (SOV)trips"means trips made by affected employees in SOVs.
"Target"means a quantifiable or measurable value that is expressed as a desired level ofperformance,
against which actual achievement can be compared in order to assess progress.
"Telecommuting"means the use oftelephones,computers,or other similar technology to permit an
employee to work from home,eliminating a commute rtip, or to workfrom a workplace closer to home,
reducing the distance traveled in a commute rtip by at least half.
"Transit"means a multiple-occupant vehicle operated on a for-hire,shared-ride basis,including bus, ferry,
rail,shared-ride taxi,shuttle bus,_or vanpool.A transit trip counts as zero vehicle trips.
"Transportation demand management (IDM)"means a broad range ofstrategies that are primarily
intended to reduce and reshape demand on the transportation system.
"Transportation management organization (TM.O)"means a group of employers,or an association
representing a group of employers,in a defined geographic area. A TMO may represent employers within
specific city limits, or may have a sphere of influence that extends beyond city limits.
''Vanpool''means a vehicle occupied by 7 to 15 people traveling together for.their commute rtip that result
in the reduction ofa minimum of one motor vehicle trip. A vanpool trip counts as zero vehicle rtips.
Voluntary employer worksite"means the physical location occupied by an employer that is voluntarily
implementing a CTR program.
''Week''means a seven-day calendar period,starting on Monday and continuing through Sunday.
"Weekday"means any day of the week except Saturday or Sunday.
'Writing,""written," or COin writing"means original signedanddateddocuments.Facsimile (fax)
transmissions are a temporary notice ofaction that must be followed by the original signed and dated
document via mail or delivery.
11.52.030 Marysville commute trip reduction (CTR)plan.
The MarysvilleCTR Plan, as updated in 2008 and set forth in the ordinance codified in this chapter, is
adopted wholly and incorporated herein by reference and enacted as the Marysville commute trip reduction
plan.
11.52.035 CTR Goals.
The goals for reducing Marysville's proportion ofdrive-alone vehicle trips and commute trip vehicle miles
traveled per employee are established in the MarysvilleCTR Plan as set forth in the ordinance codified in this
chapter.The City will set the individual worksite goals for major employers based on how the worksite can
contribute to the City's overall goal established in the CTR Plan.
11.52.040 Responsible City department.
The community development director is hereby authorized and directed to enforce all the provisions of
this chapter.The community development director may prepare and require the use of such forms and
procedures as are essential to the administration of this chapter.
11.52.050 Applicabiliry.
The provisions of this chapter shall apply to allmajor employers within the corporate limits of the City of
Marysville.(l) In addition to Marysville's established public notification for adoption of an ordinance, a notice
ofavailability of a summary ofthis chapter,a notice ofthe requirements and criteria for major employers to
comply with this chapter, and subsequent ordinance revisions shall be published at least once in Marysville's
official newspaper not more than 30 days after passage of the ordinance codified in this chapter;
(2) Major employers located in the Cityshall receive written notification that they are subject to this
chapter,within 30 days ofpassage of the ordinance codified in this chapter. Such notice shall be by certified
mail,return receipt requested,addressed to the company's chief executive officer,senior official, or CTR
manager at the worksite. Such notification shall provide ninety days for the major employer to perform a
baseline survey.After the results of the baseline survey are provided to the major employer, it has ninety days
to submit a CTR program to the City;
(3) Major employers that, for whatever reason, do not receive notice within 30 days ofpassage ofthe
ordinance codified in this chapter,and are either notified or identify themselves to the Citywithin 90 days of
the passage of the ordinance,will be granted an extension to assure the employers have up to 90 days within
which to perform a baseline survey.After the results of the baseline survey are provided to the major
employer, they have 90 days to submit a CTR program to the City;
(4) Major employers that have not been identified or do not identify themselves within 90 days, do not
complete a baseline survey within 90 days, or do not submit a CTR program within 180 days,ofthe passage
ofthe ordinance codified in this chapter, are in violation ofthis chapter.
(5)Ifa major employer has already performed a baseline survey, the major employer is not required to
perform another survey and is required to submit a CTR Plan to the Citywithin 90 days ofthe passage of
ordinance codified in this chapter.
11.52.060 New major employers.
(1)Employers that meet the definition of"major employer"in this chapter must identify themselves to the
Citywithin 90 days of either moving into the boundaries ofMarysvilleor growing in employment at a
worksite to 100 or more affected employees. Such employers shall be given 90 days to complete a baseline
survey, and an additional 90 days to submit aCTRprogram,once the baseline survey results are given to the
employer.The CTR program will be developed in consultation with the City and implemented no more than
90 days after the program's approval.Employers who do not implement an approved CTR program
according to this section are in violation of the chapter.
(2)Employers that do not identify themselves within 90 days ofbecoming an affected employer are in
violation ofthis chapter.
(3)New major employers shall have 4 years from the City's acceptance ofthe CTR program to meet the
CTR reduction goal of10 percent.
11.52.070 Change in status as a major employer.
Any ofthe following changes in an employer's status will change the employer's CTR program
requirements:
(1)Ifan employer initiallydesignated as a major employer no longer employs 100 or more affected
employees, and expects not to employ 100 or more affected employees for the next 12 months,that employer
is no longer a major employer.It is the responsibility ofthe employer to notify the City that it is no longer a
major employer;
(2)If the same employer returns to the level of100 or more affected employees within the same 12
months,that employer will be considered a major employer for the entire 12 months.The employer must
notify the City in writing that it is an affected employer, and will be subject to the same program requirements
as other major employers; and
(3)If the same employer returns to the level of100 or more affected employees 12 or more months after
its change in status to an "unaffected"employer, that employer shall be treated as a new major employer, and
will be subject to the same program requirements as other new major employers.
11.52.080 General reqnirements for employers.
A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and MMC
11.52.020, to develop and implement a CTR program that will encourage its employees to reduce drive-alone
commute trips and commute trip vehicle miles traveled per employee.The employer shall submit a
description ofits program to the City and provide an annual progress report to the City on employee
commuting and progress toward meeting the SOY goals.
11.52.090 CTR program description requirements,
(1)The CTR program description shall present the strategies to be undertaken by a major employer to
achieve the commute trip reduction goals.The goal is currently 10 percent reduction in the base year
measurement by the year 2011.Employers are encouraged to consider innovative strategies and combine
program elements in a manner that will best suit their location,site characteristics,business type, and
employees'commuting needs.Employers are further encouraged to cooperate with each other and to form or
use transportation management organizations in developing and implementing CTR programs.
(2)At a minimum,the employer's CTR program description must include:
(a)General description of the employment site location,transportation characteristics, and
surrounding services, including unique conditions experienced by the employer or its employees;
(b)Number ofemployees affected by the CTR program;
(c)Documentation of compliance with the mandatory CTR program elements as described in MMC
11.52.100;
(d)Description ofthe additional elements included in the CTR program as described in MMC
11.52.110;and
(e)Schedule ofimplementation,assignment ofresponsibilities, and commitment to provide
appropriate resources.
11.52.100 Mandatory CTR program elements.
Each employer's CTR program shallinclude the following mandatory elements:
(1)Employee Transportation Coordinator (ETC).The employer shall designate an employee
transportation coordinator to administer the CTR program.The ETC's and!or designee's name, location,and
telephone number must be displayed prominently at each affected worksite,The ETC shall be trained in
CTR program development and administration through a program approved by the City.The ETC shall
attend annual ETC training and a minimum of six (6)hours ofother training or network meetings annually,
or as organized by the City.The ETC shall oversee allelements of the employer's en program and act as
liaison between the employer and the City.The objective is to have an effective ETC presence at each work
site; a major employer with multiple sites may have one ETC for allsites;
(2)Information Distribution.Information about alternatives to drive-alone commuting shall be provided
to employees at least twice a year.Each employees program description and annual report must report the
information to be distributed and the method ofdistribution;
(3)Annual or Biennial Progress Report.The CTR program must include an annual or biennial review of
employee commuting and ofprogress and good faith efforts toward meeting the SOY and VMT reduction
goals.Determination of annual or biennial reporting requirement is dependent on worksite commute trip
reduction performance,and the City will advise the major employer ofrequired report frequency. Major
employers shall file an annual or biennial progress report with the Cityin accordance with the format
established by this chapter and consistent with the CTR Task Force Guidelines.The report shall describe
each of the CTR measures that were in effect for the previous year(s), the results of any commuter surveys
undertaken during the year(s),and the number of employees participating in CTR programs. Within the
report,the employer should evaluate the effectiveness ofthe CTR program and, if necessary,propose
modifications to achieve the CTR goals. Survey information or approved altemative information must be
provided every two years after implementation begins.The employer should contact the City for the format
of the report.
(4)Biennial surveyor measurement.In addition to the specific program baseline measurement,employers
shall conduct a program evaluation as a means ofdetermining worksite progress toward meeting en goals.
As part ofthe program evaluation, the employer shall distribute and collect Commute Trip Reduction
Program Employee Questionnaires (surveys) at least once every two years and shall achieve a 70 percent
response rate from employees at the worksite.
11.52.110 Additional CTR program elements.
In addition to the specific program elements described in MMC 19.52.100, the employer's CTR program
shall include additional elements as needed to meet engoals.Elements mayinclude,but are not limited to,
one or more ofthe following:
(1)Provision ofpreferential parking or reduced parking charges, or both,for high-occupancy vehicles;
(2)Instituting or increasing parking charges for SOYs;
(3)Provision ofcommuter ride matching services to facilitate employee ride-sharing for commute trips;
(4)Provision ofsubsidies for transit fares;
(5)Provision ofvans for vanpools;
(6)Provision ofsubsidies for carpools or vanpools;
(7)Permitting the use ofthe employer's vehicles for carpooling or vanpooling;
(8)Permitting flexible work schedules to facilitate employees' use oftransit, carpools, or vanpools;
(9)Cooperation with transportation providers to provide additional regular or express service to the
worksite;
(10)Construction ofspecial loading and unloading facilities for transit, carpool, and vanpool users;
(11)Provision ofbicycle parking facilities,lockers, changing areas, and showers for employees who bicycle
or walk to work;
(12)Provision ofa program of parking incentives such as a rebate for employees who do not use the
parking facilities;
(13)Establishment of a program to permit employees to work part or full-time at home or at an alternative
worksite closer to their homes;
(14)Establishment of a program ofalternative work schedules, such as a compressed work week which
reduces commuting;
(15)Promotional activities for ridesharing and transit, as well as fixed commuter information centers;
(16)Guaranteed rides in emergency situations for rideshare participants;
(17)Reduction of parking provided in accordance with the MarysvilleZoning Code;
(18) Charging employees for parking and/or the elimination of fee parking; and
(19)Implementation ofother measures designed to facilitate the use ofhigh-occupancy vehicles, such as
on-site day care facilities.
11.52.120Record keeping.
Major employers shall include a list of the records they will keep as part of the CTR program they submit
to the City for approval. Records shall reflect the measures selected by the employer.For example, an
employer providing transit and vanpool pass subsidies shall keep monthly records ofpass sales;employers
with parking charges and reduced rates for carpools and vanpools shall record parking pass sales by type.
Employers will maintain all records listed in their CTR program for a minimum of 48 months.The City and
the employer shall agree on the recordkeeping requirements as part ofthe accepted CTR program.
11.52.130CTR program submittal.
Not more than six months after the adoption ofthe ordinance codified in this chapter,or within six
months after an employer qualifies under the provisions of this chapter, the employer shall develop a CTR
program and shall submit to the City a written description of that program for review by the City.
11.52.140Annual CTR reports.
Upon review ofan employer's initial CTR program,the City shall establish the employer's annual reporting
date, which shall not be less than 12 months from the day the program is submitted.Each year onthe
employer's reporting date, the employer shall submit to the City the annual CTR report.
11.52.150 Document review.
The City shall provide the employer with written notification ifa CTR program is deemed unacceptable.
The notification must give cause for the rejection.Ifthe employer does not receive written notification of
extension of the review period for the CTR program or City comment on the CTR program or annual report
within 90 days ofsubmission,the employer's program or annual report is deemed accepted.The City may
extend the review period up to 90 days.The implementation date for the employer's CTR program will be
extended an equivalent number ofdays.
11.52.160 Modification ofCTR program elements.
Any major employer may request that the Cityallow for the modification ofCTR program elements,other
than the mandatory elements specified in this chapter, including recordkeeping requirements.Such request
may be granted by the City if one ofthe following conditions exist:
(1)The employer can demonstrate that it would be unable to comply with the CTR program elements for
reasons beyond the control of the employer; or
(2)The employer can demonstrate that compliance with the program elements would constitute an undue
hardship.
The City may require the employer to substitute a program element ofsimilar trip reduction potential
rather than grant the employer'S request.
11.52.170 Extensions.
(1)An affected employer may request additional time to submit a CTR program or CTR annual progress
report,or to implement or modify a program. Such requests shall be made in writing at least 30 days before
the due date for which the extension is being requested.Extensions,not to exceed 90 days, shall be
considered for reasonable cause shown.
(2)The City shall grant or deny the employer's extension request in writing within 10 working days of
receipt.Ifthere is no response issued to the employer, an extension is automatically granted for 30 days.
Extensions shall not exempt an employer from any responsibility in meeting program goals.Extensions
granted due to delays or difficulties with any program elements shall not be cause for discontinuing or failing
to implement other program elements. An employer's annual reporting date shall not be adjusted
permanently as a result ofthese extensions. An employer's annual reporting date may be extended at the
discretion ofthe community development director.
11.52.180 Implementation of employer's CTRprogram.
Unless extensions are granted, the employer shall implement its approved Cf'R program not more than 90
days after receiving written notice from the City that the program has been approved or with the expiration
of the program review period without receiving notice from the City.
11.52.200 Enforcement.
(1)Compliance. For purposes ofthis section,compliance shall mean fully implementing,in good faith, all
provisions in an approved Cf'R program.
(2)Program Modification Criteria.The following criteria for achieving goals for VMT per employee and
proportion ofdrive-alone trips shall be applied in determining requirements for employer Cf'R program
modifications:
(a)Ifan employer meets either or both goals, the employer has satisfied the objective ofthe en
plan and will not be required to modify its CfR program;
(b)Ifan employer makes a good faith effort, as defined in RCW 70.94.534(2) and MMC 11.52.020,
but has not met or is not likelyto meet the applicable drive-alone or VMT goal,the City shallwork
collaboratively with the employer to make modifications to its Cf'R program.After agreeing on
modifications,the employer shall submit a revised C'I'R program description to the City for approval within
30 days ofreaching agreement;
(c)Ifan employer fails to make a good faith effort as defined in RCW 70.94.534(2)and MMC
11.52.020, and fails to meet the applicable drive-alone or VMT reduction goal, the City shallwork
collaboratively with the employer to identify modifications to the C'l'R program and shall direct the employer
to revise its program within 30 days to incorporate the modifications. In response to the recommended
modifications or equivalent measures, the employer shall submit a revised CfR program description,
including the requested modifications or equivalent measures,within 30 days ofreceiving written notice to
revise its program.The City shallreview the revisions and notify the employer ofacceptance or rejection of
the revised program.Ifa revised program is not accepted, the Citywill send the employer written notice of
that effect within 30 days and,ifnecessary, require the employer to attend a conference with program review
stafffor the purpose ofreaching a consensus on the required program.A final decision on the required
program willbe issued in writing by the Citywithin 10 working days ofthe conference.
(3)Violations.The following constitute violations if the deadlines and/or other requirements established in
this chapter are not met:
(a)Failure to develop and/or submit on time a complete Cf'R program;
(b)Failure to implement an approved Cf'R program,unless the program elements that are carried
out can be shown through quantifiable evidence to meet or exceed VMT and drive-alone goals as specified in
this chapter;
(c) Submission of false or fraudulent data in response to survey requirements;
(d) Failure to make a good faith effort, as defined in RCW 70.94.534(2) or MMC 11.52.020,to
achieve the goals outlined in RCW 70.94.527(4),MMC 11.52.080, and this chapter; or
(c) Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
11.52.210Penalties.
The following penalties apply:
(1)No major employer with an approved cnprogram that has made good faith effort may be held liable
for failure to reach the applicable drive-alone or VMT goal;
(2) Each day of failure to implement the Cf'R program shall constitute a separate violation, subject to
penalties as described in Chapter 4.02 MMC and consistent with Chapter 7.80 RCW.
(3)A major employer shall not be liable for civilpenalties,iffailure to implement an element of a Cf'R
program was the result ofan inability to reach agreement with a certified collective bargaining agent under
applicable laws where the issue was raised by the employer and pursued in good faith.Unionized employers
shall be presumed to act in good faith compliance if they:
(a)Propose to a recognized union any provision of the employer's Cf'Rprogram that is subject to
bargaining as defined by the National Labor Relations Act; and
(b)Advise the union of the existence of the statute and the mandates of the en program approved
by the City and advise the union that the proposal being made is necessary for compliance with state law
(RCW 70.94.531).
11.52.220Exemptions and goal modifications.
(1)Worksite Exemptions.A major employer may request the City to grant an exemption from all Cf'R
program requirements for a particular worksite.The employer must demonstrate that it would experience
undue hardship in complying with the requirements ofthis chapter as a result of the characteristics ofits
business,its work force, or its location(s).An exemption may be granted ifand only if the major employer
demonstrates that it faces extraordinary circumstances,such as bankruptcy,and is unable to implement any
measures that could reduce the proportion of drive-alone trips and VMT per employee.Exemptions may be
granted by the City at any time based on written notice provided by the major employer.The notice should
clearly explain the conditions for which the major employer is seeking in exemption from the requirements
of the C'FR program.The City shall review annually all employers receiving exemptions,and shall determine
whether the exemption will be in effect during the following programyear.
(2)Employee Exemptions.Specific employees or groups of employees who are required to drive alone to
work as a condition of employment may be exempted from a worksite's Cf'R program.Exemptions may also
be granted for employees who work variable shifts throughout the year and who do not rotate as a group to
identical shifts.The City will use the criteria identified in the Cf'R Board Guidelines to assess the validity of
employee exemption requests.The City shall review annually all employee exemption requests,and shall
determine whether the exemption will be in effect during the following program year.
(3)Modifications of CFR Program Goals.
(a)A major employer may request that the City modify its C'l'R program goals. Such requests shall
be filed in writing at least 60 days prior to the date the worksite is required to submit its program description
and annual report.The goal modification request must clearly explain why the worksite is unable to achieve
the applicable goal.The worksite must also demonstrate that it has implemented all elements contained in its
approved ern program.
(b)The City will review and grant or deny requests for goal modifications in accordance with
procedures and criteria identified in the Cf'RBoard Guidelines.
(c)An employer may not request a modification ofthe applicable goals until one year after the City
approval ofits initial program description or annual report.
11.52.230 Appeals.
(1)Appeals. Any major employer may appeal administrative decisions regarding exemptions, modification
ofgoals or elements,or modification ofthe major employer's plans using the procedures set forth in Chapter
15.11 MMC used for appeals ofadministrative determinations on interpretations ofland use regulations.
(2)Notice ofViolation and Assessment ofCivilPenalties.Any person receiving a notice ofviolation and
assessment ofcivilpenalties for violation ofthis chapter may appeal the same in accordance with the
provisions set forth in Chapter 4.02 MMC.
11.52.240Severability.
Ifany section,subsection,sentence,clause,phrase or word of this chapter should be held to be invalid or
unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not
affect the validity or constitutionality ofany other section,subsection,sentence,clause, phrase or word of this
chapter.
Section 2. Severability.Ifany section,subsection,sentence,clause,phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such
invalidity or unconstitutionality thereof shalI not affect the validity or constitutionality of any other
section,subsection,sentence,clause,phrase or word ofthis ordinance.
PASSED by the City Council and APPROVED by the Mayor thiso~he C ,2008.
day of
:]L7~
DENNIS KENDALL,MAYOR
I 'to l:;.c lorr
(5 da~s afte~publication)
Effective Date:
Date ofPublication:
Approved as to form:
By:Q~(r-Jsu-e9
'GRANT K.wEED,CITY ATTORNEY
IDII~/o 'r