Chapter 8.32
COMMUTE TRIP REDUCTION

Sections:

8.32.010    Purpose.

8.32.020    Definitions.

8.32.030    CTR plan for Whatcom County.

8.32.040    Interlocal agreement/responsible agency.

8.32.050    Administrative procedures.

8.32.060    Applicability.

8.32.070    Notification.

8.32.080    Schedule of penalties.

8.32.090    CTR appeals board.

8.32.100    Appeals process.

8.32.010 Purpose.

The purpose of this chapter is to establish CTR program requirements for affected employers within the city of Blaine. These requirements will promote alternative commute modes and reduce the vehicle miles traveled (VMT) per employee and the proportion of single occupant vehicle (SOV) trips, decreasing traffic congestion, automobile-related air pollution and energy use within the city of Blaine. (Ord. 2554 § 2, 2003; Ord. 2299 § 1, 1997. Formerly 16.28.010.)

8.32.020 Definitions.

For the purpose of this chapter, the following definitions shall apply in its interpretation and enforcement:

A. “Affected employee” means a full-time employee who begins his/her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, and employees required to work rotating shifts are excluded from the count of affected employees.

B. “Affected employer” means a public or private employer that employs 100 or more affected employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years are excluded from this definition.

C. “Alternate commute mode” means any means of commute 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.

D. “Carpool” means a motor vehicle occupied by two to six people (age 16 and over) traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.

E. “Commute trips” means trips made from a worker’s home to a worksite for a regularly scheduled work day beginning between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. Commute trips are counted:

SOV

=

1 trip

2-person carpools

=

1/2 trip per employee

3-person carpools

=

1/3 trip per employee

4-person carpools

=

1/4 trip per employee

5-person carpools

=

1/5 trip per employee

6-person carpools

=

1/6 trip per employee

Vanpools (7 or more)

=

Zero trips

Transit

=

Zero trips

Walk/bike

=

Zero trips plus 20% credit

Telecommuting

=

Zero trips plus 20% credit

Compressed work week

=

Zero trips plus 20% credit for each commute trip eliminated

F. “CTR guidelines” means the official guidelines to the CTR Law (RCW 70.94.527) developed by the Washington State CTR Task Force.

G. “CTR plan” means the commute trip reduction plan for Whatcom County that describes how affected employers are to achieve reductions in the commute trip vehicle miles traveled (VMT) and the proportion of single occupant vehicle (SOV) commute trips per employee.

H. “CTR program” means an employer’s strategies to reduce SOV use and VMT per affected employee.

I. “Commute mode” means the means of transportation used by employees, such as single occupant motor vehicle, rideshare vehicle (carpool/ vanpool), transit, ferry, bicycle and walking.

J. “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 biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.

K. “Day(s)” means calendar day(s).

L. “Employee” means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.

M. “Employer” means sole proprietorship, partnership, corporation, unincorporated district or association, cooperative, joint venture, agency, department, other individual or entity, whether public, nonprofit or private, that employs workers.

N. “Exemption” means a waiver from CTR program requirements granted to an employer by the Whatcom County council of governments based on unique conditions that apply to the employer or employment site.

O. “Extra credit responses” means an employee survey response of walked, bicycled, telecommuted, or compressed work week count as negative 0.2 (-0.2) trips for purposes of determining SOV and VMT.

P. “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 of 35 hours per week.

Q. “Proportion of single occupant vehicle trips” or “SOV rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the total number of potential trips for affected employees working during that period.

SOV = # Drive Alone Responses – (0.2 X # Extra Credit Responses) X Total # of Potential Trips

R. “Single occupant vehicle” or “SOV” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

S. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.

T. “Telecommuting” means the use of telephones, commuters, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a worksite closer to home, reducing the distance traveled in a commute trip by at least half.

U. “Transit” means a multiple occupant vehicle operated on a for hire, shared ride basis, including bus, ferry, shared ride taxi, shuttle bus or vanpool. A transit trip counts as zero vehicle trips.

V. “Vanpool” means a vehicle occupied by seven to 15 people traveling together for their commute trip that results in the elimination of at least one motor vehicle trip. A vanpool trip counts as zero vehicle trips.

W. “Vehicle miles traveled (VMT) per employee” means the sum of the commute trips made by affected employees over a set period of time divided by the number of affected employees working during that period multiplied by the average trip length of the affected employees at that worksite.

VMT

=

commute trips

X

miles

person

trip

X. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.

Y. “Weekday” means any day of the week except Saturday or Sunday. (Ord. 2554 § 2, 2003; Ord. 2299 § 2, 1997. Formerly 16.28.020.)

8.32.030 CTR plan for Whatcom County.

The CTR plan for Whatcom County is set forth in Attachment I to the ordinance codified in this chapter, and is wholly incorporated herein by reference as and for the CTR plan for Whatcom County. (Ord. 2554 § 2, 2003; Ord. 2299 § 3.1, 1997. Formerly 16.28.030.)

8.32.040 Interlocal agreement/responsible agency.

In order to ensure consistency and flexibility, the city of Blaine has determined that it is within the best interest of the public to enter into an interlocal agreement (pursuant to Chapter 39.34 RCW and RCW 70.94.527) with the Whatcom County council of governments. The Whatcom County council of governments is hereby designated as the lead agency responsible for implementing and administering the CTR plan of Whatcom County and CTR ordinance. (Ord. 2554 § 2, 2003; Ord. 2299 § 3.2, 1997. Formerly 16.28.040.)

8.32.050 Administrative procedures.

Whatcom County council of governments is hereby authorized to develop and adopt, in consultation with the affected local jurisdictions, such administrative rules and procedures as necessary to implement the provisions of this chapter. (Ord. 2554 § 2, 2003; Ord. 2299 § 3.3, 1997. Formerly 16.28.050.)

8.32.060 Applicability.

The requirements of this chapter shall apply to all affected employers at a single worksite within the city of Blaine. (Ord. 2554 § 2, 2003; Ord. 2299 § 4, 1997. Formerly 16.28.060.)

8.32.070 Notification.

A notice of the availability of the CTR plan and this chapter shall be published at least once in the official city of Blaine newspaper within 30 days of passage of the ordinance codified in this chapter. (Ord. 2554 § 2, 2003; Ord. 2299 § 5, 1997. Formerly 16.28.070.)

8.32.080 Schedule of penalties.

The penalty for noncompliance with the requirements of the attached CTR plan shall be $100.00 per violation per day. (Ord. 2554 § 2, 2003; Ord. 2299 § 6, 1997. Formerly 16.28.080.)

8.32.090 CTR appeals board.

The Blaine city council will serve as the CTR appeals board. The Whatcom County council of governments will provide technical support to the Blaine city council as needed to fulfill this duty. (Ord. 2554 § 2, 2003; Ord. 2299 § 7.1, 1997. Formerly 16.28.090.)

8.32.100 Appeals process.

Any affected employer may appeal administrative decisions regarding exemptions, goals modifications, program element modifications and violations to the CTR appeals board. In the event of a violation, the affected employer shall be notified of the intent to impose penalties and the manner in which penalties may be appealed. (Ord. 2554 § 2, 2003; Ord. 2299 § 7.2, 1997. Formerly 16.28.100.)