HomeMy WebLinkAboutOrdinance 2016-021 Amending Chapter 10.80 of the Arlington Municipal Code Pertaining to Transportation Demand Management ORDINANCE NO. 2016-021
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 10.80
OF THE ARLINGTON MUNICIPAL CODE PERTAINING TO
TRANSPORTATION DEMAND MANAGEMENT
WHEREAS, the City of Arlington has the authority to regulate and encourage the
reduction of single trip occupancy vehicles in the City of Arlington; and
WHEREAS, simultaneously with the adoption of this ordinance, the City is approving a
draft Commute Trip Reduction (CTR) Plan prepared with the assistance of Community Transit;
and
WHEREAS, the City Council deems it appropriate to amend its municipal code to make
it consistent with the adopted plan;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code (AMC) Chapter 10.80 shall be amended
in its entirety to read as set forth in Exhibit "A" hereto.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. The Ordinance shall take effect and be in full force five
(5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 51h day of December,
2016.
CITY OF ARLINGTON
'f �Y,——J^J/".—/
Barbara Tolbert, Mayor
ORDINANCE NO. 2016-021 1
Attest:
Kristin anfield, City Cler
Approved as to form:
Stev e
City Attorney
ORDINANCE NO. 2016-021 2
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2016-
021 was approved at the December 5, 2016 City Council meeting.
ORDINANCE NO. 2016-021
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 10.80 OF THE ARLINGTON MUNICIPAL
CODE PERTAINING TO TRANSPORTATION DEMAND
MANAGEMENT"
A true and correct copy of the original ordinance is attached.
Dated this 71h day of December, 2016.
Kristin banfield
City Clerk for the City of Arlington
Chapter 10.80
COMMUTE TRIP REDUCTION
Sections:
10.80.010 Title.
10.80.020 Jurisdiction.
10.80.030 Purpose.
10.80.040 Administration.
10.80.050 Definitions.
10.80.060 City's CTR plan.
10.80.070 Responsible city agency.
10.80.080 Applicability—Timeline for compliance.
10.80.090 Requirements for employers.
10.80.100 Record keeping.
10.80.110 Schedule and process for CTR reports.
10.80.120 Enforcement.
10.80.130 Exemptions and goal modifications.
10.80.140 Appeals.
10.80.010 Title.
The ordinance codified in this chapter shall be known as the "commute trip reduction
ordinance of City of Arlington".
10.80.020 Jurisdiction.
The requirements set forth in this chapter shall apply to all major employers at any single
worksite within the incorporated area.
10.80.030 Purpose.
The purpose of this ordinance is to comply with the statewide Commute Trip Reduction Law
of 1991 (RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended in
2006 by the Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance
shall not be used as a substitute for reviews of projects under other city requirements for
compliance with the State Environmental Policy Act (SEPA).
10.80.040 Administration.
The City Administrator or designee shall have the duty and responsibility to administer the
provisions of this chapter with the authority to promulgate rules and regulations to
implement and administer this chapter.
Exhibit A, Commute Trip Reduction Ordinance
Pagel
10.80.050 Definitions.
"Affected employee" means a full-time employee who begins their regular work day at a
major employer worksite between six a.m. and nine a.m. (inclusive) on two or more
weekdays for at least twelve continuous months. For the purpose of defining affected
employees the following apply:
A. A full-time employee is a person other than an independent contractor,
scheduled to be employed on a continuous basis for fifty-two weeks for an average
of at least thirty-five hours per week.
B. The employee will only be counted at his or her primary worksite.
C. Seasonal agricultural employees, including seasonal employees of processors
of agricultural products, are excluded from the count of affected employees.
"Affected urban growth area" means:
A. An urban growth area, designated pursuant to RCW 36.70A.110, whose
boundaries contain a state highway segment exceeding the one hundred person
hours of delay threshold calculated by the Washington State Department of
Transportation, and any contiguous urban growth areas; and
B. 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
C. An urban growth area identified by the Washington State Department of
Transportation as listed in WAC 468-63-020(2) (b).
"Alternative mode" means any means of commute transportation other than that in which
the drive-alone motor vehicle is the dominant mode, including teleworking and compressed
work weeks if they result in reducing commute trips.
"Alternative work schedules" means work schedules which allow employees to work their
required hours outside of the traditional Monday through Friday eight a.m. to five p.m.
schedule. Programs such as compressed work weeks that eliminate work days for affected
employees are an example.
"Baseline data collection" means the collection of employee trip data at a major worksite to
determine the non-drive alone trips per employee at the worksite. The jurisdiction uses
these measurements to develop commute trip reduction targets for the major employer. The
Exhibit A,Commute Trip Reduction Ordinance
Page 2
baseline measurements must be implemented in a manner that meets the requirements and
timeframe specified by the city.
"Carpool" means a motor vehicle occupied by at least two people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
"City" means the city of Arlington.
"Commute trip" means trips made from a worker's home to a worksite during the peak time
of six a.m. to nine a.m. (inclusive) on weekdays.
"Commuter matching service" means a system that assists in matching commuters for the
purpose of commuting together, such as RideshareOnline.com.
"Compressed work week" means an alternative work schedule, in accordance with
employer policy, that regularly allows 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 ten-hour days or eighty hours in nine
days, but may also include other arrangements.
"CTR law" means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and
codified in RCW 70.94.521 through 70.94.551 requiring each county containing an urban
growth area, designated pursuant to RCW 36.70A.110, and each city within an urban
growth area with a state highway segment exceeding the one hundred person hours of
delay threshold calculated by the department of transportation, as well as those counties
and cities located in any contiguous urban growth areas. Counties and cities within the
designation above shall adopt a commute trip reduction plan and ordinance for major
employers in the affected urban growth area.
"CTR plan" means the city of Arlington plan and ordinance to regulate and administer the
CTR programs of major employers within its jurisdiction.
"CTR program" means an employer's strategies to increase affected employees' non-drive
alone trips.
"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.
"ETC" means employer transportation coordinator as required pursuant to RCW
70.94.531(3).
Exhibit A,Commute Trip Reduction Ordinance
Page 3
"Flex-time" means an employer policy allowing individual employees some flexibility in
choosing the time, but not the number, of their 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 fifty-two weeks for an average of at least thirty-five
hours per week on two or more weekdays per week.
"Goals" means the established criteria for measuring effectiveness of employer programs as
outlined in the City of Arlington's CTR plan.
"Good faith effort" means that an employer has met the minimum requirements identified in
RCW 70,94.531 and this chapter, and is working collaboratively with the city to continue its
existing CTR program or is developing and implementing program modifications likely to
result in improvements to its CTR program over an agreed-upon length of time.
"Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521
through 70.94.555, this chapter and the CTR plan as evidenced by appointment of a
transportation coordinator, distribution of information to employees regarding alternatives for
non-drive alone commuting, and commencement of other measures according to its
approved CTR program and schedule.
"Major employer" means a private or public employer, including state agencies, that
employs one hundred or more full-time affected employees at a single worksite who begin
their regular workday between six a.m. and nine a.m. on at least two weekdays each week
for at least twelve continuous months.
"Major worksite" or "worksite" means a building or group of buildings that are on physically
contiguous parcels of land or on parcels of land separated solely by private or public
roadways or rights-of-way, and at which there are one hundred or more full-time affected
employees.
"Mode" means the means of transportation used by employees, such as drive-alone motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed
work schedule and teleworking.
"Notice" means written communication delivered via the United States Postal Service with
receipt 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.
"Single-occupant vehicle (SOV)" means a motor vehicle occupied by one employee for
commute purposes, including a motorcycle. If there are other passengers occupying the
Exhibit A, Commute Trip Reduction Ordinance
Page 4
motor vehicles, but the ages of these passengers are under sixteen, the motor vehicle is still
considered a single-occupant vehicle for measurement purposes.
"Target" means a quantifiable or measurable value that is expressed as a desired level of
performance, against which actual achievement can be compared in order to assess
progress, such as increase in non-drive alone trips.
"Teleworking" means the use of telephones, computers, or other similar technology to
permit an employee to work anywhere at any time, eliminating a commute trip, or to work
from a work place closer to home, reducing the distance traveled in a commute trip 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.
"Vanpool" means a vehicle occupied by from five to fifteen people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle trip.
"Voluntary 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 in "writing" means original written signed and dated documents
delivered via the United States Postal Service.
10.80.060 City's CTR plan.
The city's CTR plan, as approved in December 2016 to be effective in 2017, is adopted
wholly and incorporated herein by reference.
10.80.070 Responsible city agency.
The city is responsible for implementing this chapter, the CTR plan, and the city CTR
program should be identified together with any authority necessary to carry out such
responsibilities such as rule making or certain administrative decisions.
10.80.080 Applicability—Timeline for compliance.
The provisions of this chapter shall apply to any major employer or voluntary worksite within
the corporate limits of the city.
A. In addition to city's established public notification for adoption of an ordinance, a
notice of availability of a summary of the ordinance codified in this chapter, a notice
Exhibit A, Commute Trip Reduction Ordinance
Page 5
of the requirements and criteria for major employers to comply with said ordinance,
and subsequent revisions shall be published at least once in city official newspaper
not more than thirty days after passage of said ordinance or revisions.
B. Major employers located in the city are to receive written notification that they
are subject to this chapter. Such notice shall be addressed to the company's chief
executive officer, senior official, or CTR manager at the worksite. The major
employer shall perform baseline data collection within ninety days of notification.
After the results of the baseline data are provided to the major employer, the major
employer shall submit a CTR program to the city within ninety days.
C. Major employers that, for whatever reason, do not receive notice within thirty
days of passage of the ordinance codified in this chapter and are either notified or
identify themselves to the city within ninety days of the passage of said ordinance
shall perform baseline data collection within ninety days of notification or the major
employer shall submit a CTR program within ninety days of receipt of the baseline
data results.
D. New Major Employers. Employers that meet the definition of"major employer"
in this chapter must identify themselves to the city within ninety days of either
moving into the boundaries of city or growing in employment at a worksite to one
hundred or more affected employees. Such employers shall complete baseline data
collection within ninety days of identification as a major employer and shall submit a
CTR program within ninety days of the baseline data results. The CTR program will
be developed in consultation with the city and implemented not more than ninety
days after the program's approval. Employers who do not implement an approved
CTR program according to this section are in violation of this chapter.
E. Change in Status as a Major Employer. Any of the following changes in an
employer's status will change the employer's CTR program requirements:
1. If an employer initially designated as a major employer no longer
employs one hundred or more affected employees and expects not to employ
one hundred or more affected employees for the next twelve months,
that employer is no longer a major employer. It is the responsibility of the
employer to notify city that it is no longer a major employer.
2. If the same employer returns to the level of one hundred or more affected
employees within the same twelve months, that employer will be considered a
major employer for the entire twelve months and will be subject to the same
program requirements as other major employers.
Exhibit A, Commute Trip Reduction Ordinance
Page 6
3. If the same employer returns to the level of one hundred or more affected
employees twelve or more months after its change in status to a "voluntary"
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.
10.80.090 Requirements for employers.
A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2)
and this chapter, to develop and implement a CTR program that will encourage its
employees to increase non-drive alone commute trips. The employer shall submit a
description of its program to the city and provide quarterly progress reports to the city on
employee commuting and progress toward meeting the goals and targets. The CTR
program must include the mandatory elements as described below.
A. CTR Program Description Requirements. The CTR program description
presents the strategies to be undertaken by an employer to achieve the program
goals and targets stated in the city's CTR plan. 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.
At a minimum, the employer's description must include: (1) general description of the
employment site location, transportation characteristics, and surrounding services,
including unique conditions experienced by the employer or its employees; (2)
number of employees affected by the CTR program; (3) documentation of
compliance with the mandatory CTR program elements (as described in subsection
B of this section); (4) description of the additional elements included in the CTR
program (as described in subsection B of this section); and (5) schedule of
implementation, assignment of responsibilities, and commitment to provide
appropriate resources.
B. Mandatory Program Elements. Each employer's CTR program shall include the
following mandatory elements:
1. Transportation Coordinator. The employer shall designate an employee
transportation coordinator (ETC) to administer the CTR program. The
coordinator and/or designee's name, location, and contact information must
be displayed prominently at each major worksite. The coordinator shall
oversee all elements of the employer's CTR program and act as liaison
between the employer and city. The objective is to have an effective
Exhibit A,Commute Trip Reduction Ordinance
Page 7
transportation coordinator presence at each worksite; a major employer with
multiple sites may have one transportation coordinator for all sites.
2. Information Distribution. Information about alternatives to drive-alone
commuting shall be provided to employees at least twice a year. One of the
items distributed must be a description of the employer's worksite program.
The employer's program description and quarterly report must identify the
information to be distributed and the method of distribution.
3. Quarterly Progress Report. The CTR program must include a quarterly
review of employee commuting and progress and good faith efforts toward
meeting the goals and targets as outlined in the CTR plan. Major employers
shall file a quarterly progress report with the city in accordance with the
format established by this chapter and consistent with the CTR board
guidelines*. The report shall describe each of the CTR measures that were in
effect for the previous quarter, and the number of employees participating in
the CTR program. Within the report, the employer should evaluate the
effectiveness of the CTR program and, if necessary, propose modifications to
achieve the worksite's CTR targets. The format of the report shall be provided
by the city. The employer should contact the city for the format of the report.
*CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm
4. Trip Data Measurement. Employers shall conduct a quarterly program
data evaluation as a means of determining worksite progress toward meeting
CTR targets.
5. Annual Worksite Promotion of Employer CTR Program. Major employers
will hold at least one annual transportation fair or equivalent promotion which
is available to all employees at each major worksite.
6. ETC Training. ETCs will be required to attend an ETC basic training
session within six months of appointment.
7. Employer Notification. Employers will be required to notify the city or
designee when there are proposed changes to their CTR program, changes
in ETC or contact information, and/or changes in number of employees at the
worksite.
8. ETC Networking/Advanced Training. ETCs will be required to attend at
least six hours of networking or advanced training per year. Training and
networking sessions may include marketing CTR programs to employees, trip
planning, ridesharing, joint promotions and networking meetings.
Exhibit A, Commute Trip Reduction Ordinance
Page 8
9. Additional Program Elements. In addition to the specific program
elements described above, the employer's CTR program shall include
additional elements as needed to meet CTR goals and targets. Elements
may include, but are not limited to, one or more of the following:
a. Provision of preferential parking or reduced parking charges, or
both, for high-occupancy vehicles;
b. Instituting or increasing parking charges for single occupant
vehicles;
c. Provision of commuter ride matching services to facilitate
employee ride-sharing for commute trips;
d. Provision of subsidies for transit fares;
e. Provision of vans for vanpools;
f. Provision of subsidies for carpools or vanpools;
g. Permitting the use of the employer's vehicles for carpooling or
vanpooling;
h. Permitting flexible work schedules to facilitate employees' use of
transit, carpools, or vanpools;
i. Cooperation with transportation providers to provide additional
regular or express service to the worksite;
j. Provision of bicycle parking facilities, lockers, changing areas, and
showers for employees who bicycle or walk to work;
k. Provision of a program of parking incentives such as a rebate for
employees who do not use the parking facilities;
I. Establishment of a program to permit employees to work part- or
full-time at home or at an alternative worksite closer to their homes;
m. Establishment of a program of alternative work schedules, such
as a compressed work week which reduces commuting; and
n. Implementation of other measures designed to facilitate the use of
high-occupancy vehicles, such as on-site daycare facilities and
emergency taxi services.
Exhibit A,Commute Trip Reduction Ordinance
Page 9
10.80.100 Record 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. Employers will maintain all records listed in their CTR
program for a minimum of forty-eight months. The city and the employer shall agree on the
record keeping requirements as part of the accepted CTR program.
10.80.110 Schedule and process for CTR reports.
A. CTR Program. Not more than ninety days after the adoption of the ordinance
codified in this chapter, or within ninety days after an employer qualifies under the
provisions of this chapter, the employer will be given ninety days to complete
baseline data collection, and an additional ninety days to submit a CTR program
once the baseline data results are given to the employer. The CTR program will be
developed in consultation with the city and implemented not more than ninety days
after the program's approval by the city. Employers who do not implement an
approved CTR program according to this section are in violation of this chapter.
B. Document Review. The city shall provide the employer with written notification if
a CTR program is deemed unacceptable. The notification must give cause for any
rejection. The employer shall have thirty days to resubmit a modified program. If the
employer receives no written notification of extension of the review period of its CTR
program or comments on the CTR program or quarterly report within ninety days of
submission, the employer's program or quarterly report is deemed accepted. The
city may extend the review period up to ninety days. The implementation date for the
employer's CTR program will be extended an equivalent number of days.
C. CTR Quarterly Progress Reports. Upon approval of an employer's initial CTR
program, the employer shall submit quarterly reports on the dates requested from
the city, no less than ninety days after program approval.
D. Modification of CTR Program Elements. Any major employer may submit a
request to the city to modify a CTR program element, other than the mandatory
elements specified in this chapter, including record keeping requirements. Such
requests may be granted if one of the following conditions exist:
1. The employer can demonstrate 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.
E. Extensions. An employer may request additional time to submit a CTR program
or CTR report, or to implement or modify a program. Such requests shall be via
Exhibit A, Commute Trip Reduction Ordinance
Page 10
written notice at least ten working days before the due date for which the extension
is being requested. Extensions not to exceed ninety days shall be considered for
reasonable causes. The city shall grant or deny the employer's extension request by
written notice within ten working days of its receipt of the extension request. If there
is no response issued to the employer, an extension is automatically granted for
thirty days. Extensions shall not exempt an employer from any responsibility in
meeting program goals and targets. Extensions granted due to delays or difficulties
with any program element(s) shall not be cause for discontinuing or failing to
implement other program elements. An employer's reporting date shall not be
adjusted permanently as a result of these extensions. An employer's reporting date
may be extended at the discretion of the city.
F. Implementation of Employer's CTR Program. The employer shall implement its
approved CTR program not more than ninety days after the program was first
submitted to the city. Implementation of the approved program modifications shall
begin within thirty days of the final decision or ninety days from submission of the
CTR program or CTR quarterly report, whichever is greater.
10.80.120 Enforcement.
A. Compliance. For purposes of this section, compliance shall mean fully
implementing in good faith all provisions in an approved CTR program.
B. Program Modification Criteria. The following criteria for achieving targets for
non-drive alone trips per employee shall be applied to determine requirements for
employer CTR program modifications:
1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2)
and this chapter, and meets either or both targets, the employer has satisfied
the objectives of the CTR plan and will not be required to modify its CTR
program.
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2)
and this chapter, but has not met or is not likely to meet the applicable
targets, the city shall work collaboratively with the employer to make
modifications to its CTR program. After agreeing on modifications, the
employer shall submit a revised CTR program description to the city
for approval within thirty days of reaching agreement.
3. If an employer fails to make a good faith effort as defined in RCW
70.94.534(2) and this chapter, and fails to meet the applicable targets, the
city shall work collaboratively with the employer to identify modifications to the
CTR program and shall direct the employer to revise its program within thirty
Exhibit A,Commute Trip Reduction Ordinance
Page 11
days to incorporate the modifications. In response to the
recommended modifications, the employer shall submit a revised
CTR program description, including the requested modifications or equivalent
measures, within thirty days of receiving written notice to revise its program.
The city shall review the revisions and notify the employer of acceptance or
rejection of the revised program. If a revised program is not accepted, the city
will send written notice to that effect to the employer within thirty days and, if
necessary, require the employer to attend a conference with program review
staff for the purpose of reaching a consensus on the required program. A final
decision on the required program will be issued in writing by the city within ten
working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this
chapter are not met:
1. Failure to self-identify as a major employer within the timeframes
indicated in the Applicability—Timeline for compliance section above;
2. Failure to perform a baseline data collection including:
a. Employers notified or that have identified themselves to the city
within ninety days of the ordinance codified in this chapter being
adopted and that do not perform baseline data collection consistent
with the requirements specified by the city within ninety days from the
notification or self-identification;
b. Employers not identified or self-identified within ninety days of the
ordinance codified in this chapter being adopted and that do not
perform baseline data collection consistent with the requirements
specified by the city within ninety days from the adoption of the
ordinance codified by this chapter;
c. A new major employer that does not perform baseline data
collection consistent with the requirements specified by the city within
ninety days of identification as a major employer;
3. Failure to implement an approved CTR program, unless the program
elements that are carried out can be shown through quantifiable evidence to
meet or exceed the goals and targets as specified in this chapter;
4. Submission of false or fraudulent data in response to data collection
requirements;
Exhibit A, Commute Trip Reduction Ordinance
Page 12
5. Failure to make a good faith effort, as defined in RCW 70.94.534(2); or
6. Failure to revise a CTR program as defined in RCW 70.94.534(4).
D. Penalties.
1. No major employer with an approved CTR program which has made a
good faith effort may be held liable for failure to reach the applicable goals
and targets;
2. Each day of failure to implement the program shall constitute a separate
violation, subject to penalties as described in Chapter 7.80 RCW. The
maximum penalty shall be equal to the state of Washington Class I
civil infraction of two hundred fifty dollars per day per violation, as described
in RCW 7.80.120(1) (a), or whichever is greater.
3. A major employer shall not be liable for civil penalties if failure to
implement an element of a CTR program was the result of an 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
CTR program 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 CTR program approved by city and advise the union that the
proposal being made is necessary for compliance with state law (RCW
70.94.531).
10.80.130 Exemptions and Target Modifications.
A. Worksite Exemptions. A major employer may request the city to grant an
exemption from all CTR program requirements or penalties for a particular worksite.
The employer must demonstrate that it would experience undue hardship in
complying with the requirements of this chapter as a result of the characteristics of
its business, its work force, or its locations. An exemption may be granted if and only
if the major employer demonstrates that it faces extraordinary circumstances, such
as bankruptcy, and is unable to implement any measures of the approved CTR plan.
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 an exemption from the requirements of the CTR program.
Exhibit A, Commute Trip Reduction Ordinance
Page 13
The city shall review annually all employers receiving exemptions, and shall
determine whether the exemption will be in effect during the following program year
B. 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 CTR 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 CTR 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. *CTR Guidelines can be found at
www.wsdot.wa.gov/transit/CTR/law.htm
C. Modification of CTR Program Targets. A major employer may request that the
city modify its CTR program targets. Such requests shall be filed in writing prior to
the date the worksite is required to submit its program description or quarterly report.
The target modification request must clearly explain why the worksite is unable to
achieve the applicable target. The worksite must also demonstrate that it has
implemented all of the elements contained in its approved CTR program.
The city will review and grant or deny requests for target modifications in accordance
with procedures and criteria identified in the CTR board guidelines. An employer
may not request a modification of the applicable targets until one year after the city
approval of its initial program description or report.
10.80.140 Appeals.
Any major employer may appeal the administrative decisions regarding exemptions,
modification of targets, modification of CTR program elements, and determinations
concerning failure to implement a CTR program. The appeal must be filed with the city clerk
not later than the tenth day following the date of the administrative decision, accompanied
by the appropriate appeal fee. The appeal must be in writing and state in a clear and
concise manner the specific exceptions and objections to the administrative decision.
Appeals shall be heard by a hearing examiner appointed by the city. In reviewing the
appeal, the hearing examiner shall determine whether the administrative decision is
consistent with the provisions of this chapter, including the CTR plan. The hearing examiner
shall have authority to affirm, modify, reverse or remand the administrative decision or to
grant other appropriate relief. The decision on the appeal shall constitute a final decision
appealable to the city council.
Exhibit A, Commute Trip Reduction Ordinance
Page 14