Chapter 14.06
COMMUTE TRIP REDUCTION*

Sections:

14.06.010    Definitions.

14.06.020    Commute trip reduction goals.

14.06.030    Designation of base year values.

14.06.040    City of Bothell CTR plan and administrative guidelines.

14.06.050    Responsible agency.

14.06.060    Applicability.

14.06.070    Requirements for employers.

14.06.080    Transportation management associations.

14.06.090    Program approval and modification criteria.

14.06.100    Goal modifications, adjustments, program amendments, and exemptions.

14.06.110    Schedule for CTR program and annual reports submittal, review, and implementation.

14.06.120    Enforcement.

14.06.130    Appeals of administrative decisions.

*Prior legislation: Ords. 1631 and 1507.

14.06.010 Definitions.

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

1.    “Affected employee” means a full-time employee who is scheduled to begin 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 per week for at least 12 continuous months, who is not an independent contractor, and who is scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. The employee will only be counted at his or her primary worksite. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.

2.    “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 100 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 70,000 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 Department of Transportation as listed in WAC 468-63-020(2)(b).

3.    “Alternative mode” means any type 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 the number of commute trips.

4.    “Alternative work schedules” means work schedules that allow employees to work their required hours outside of the traditional Monday to Friday, 8:00 a.m. to 5:00 p.m. schedule. Programs such as compressed work weeks eliminate peak period work trips for affected employees.

5.    “Base year” means the 12-month period that commences when the city of Bothell determines an employer is required to comply with the CTR law. The city of Bothell uses this 12-month period as the basis upon which it develops local commute trip reduction goals.

6.    “Baseline data collection” means the collection of employee trip data, during the base year, at a major employer worksite to determine non-drive-alone trips to and from the worksite. The jurisdiction uses this measurement to develop commute trip reduction targets for the major employer. The baseline measurements must be implemented in a manner that meets the requirements specified by the city of Bothell.

7.    “Carpool” means a motor vehicle occupied by at least two people traveling together for commute trips that results in the reduction of a minimum of one motor vehicle commute trip.

8.    “City” means the city of Bothell.

9.    “Commute trips” means trips made from a worker’s home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.

10.    “Commute trip reduction (CTR) administrative procedures” means the procedures adopted by the city which describe how to complete and submit CTR reports and forms and requirements for records described in the CTR ordinance.

11.    “CTR guidelines” means the set of guidelines prepared by the CTR board in accordance with RCW 70.94.527. The city will use these guidelines to interpret and administer the Bothell CTR ordinance.

12.    “CTR plan” means the city of Bothell’s plan as set forth in this chapter to regulate and administer the CTR programs of major employers located within the Bothell city limits.

13.    “CTR program” means a major employer’s strategies to increase affected employees’ non-drive-alone trips to achieve CTR targets and goals.

14.    “CTR law” means the commute trip reduction law passed by the Washington State Legislature in 1991 (Chapter 202, Laws of 1991) and codified in RCW 70.94.521 through 70.94.551, 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 cities in such counties with one or more major employers are also required to adopt a CTR ordinance and plans.

15.    “Commuter matching service” means a system that assists in matching commuters for the purpose of enabling them to commute together, such as RideshareOnline.com.

16.    “Compressed work week” means an employer approved work schedule that regularly allows a full-time employee to eliminate at least one work day every one or 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 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.

17.    “Custom bus/bus pool service” means a commuter bus service specifically arranged to transport employees to work.

18.    “Days” means calendar days, unless otherwise qualified by the text.

19.    “Distribution” means the transmittal directly to each employee of information on the availability and benefits of ridesharing, public transit and other commute alternatives to driving alone. Transmittal may occur by direct mailing this information to each employee, posting information on bulletin boards and kiosks, distributing information at transportation fairs and/or by electronic communications.

20.    “Dominant mode” means the mode of travel used for the greatest distance of the commute trip.

21.    “Drive-alone” means a motor vehicle occupied by one affected employee for commute purposes, including motorcycles.

22.    “Employee” means anyone who receives financial or other remuneration for work provided to an employer, including owner(s) or partner(s).

23.    “Employee transportation coordinator (ETC)” means an individual designated by the employer to implement and manage commute trip reduction programs for all employees at each worksite as required pursuant to RCW 70.94.531(3).

24.    “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 people.

25.    “Exemption” means a waiver from CTR program requirements granted to an employer by the city and based on unique conditions that apply to the employer or employment site.

26.    “Flexible work schedules (flextime)” means an employer policy which allows employees to vary the times they arrive and depart work daily, not the number of their working hours, to facilitate use of alternative modes.

27.    “Full-time employee” means a person other than an independent contractor scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week which are performed during two or more weekdays per week.

28.    “Goal” means the established criteria for measuring effectiveness of employer programs as outlined in the City of Bothell’s CTR plan.

29.    “Good faith effort” means an employer that has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city of Bothell 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.

30.    (Reserved).

31.    “High occupancy vehicle (HOV)” means any motor vehicle occupied by two or more people for commuting purposes.

32.    “HOV subsidies” means a payment in addition to the normal salary given to an employee who commutes by carpool, vanpool, bus, or nonmotorized alternatives.

33.    “Implementation” means the active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by the appointment of an employee transportation coordinator, distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to this chapter and the employer’s CTR program and schedule.

34.    “Jurisdiction’s base year measurement” means the proportion of non-drive-alone commute trips by CTR commuters on which CTR goals and targets for the local jurisdiction shall be based. The jurisdiction’s base year measurement, for those jurisdictions with an affected urban growth area as of March 1, 2007, shall be determined based on employee commute trip data collected in fiscal year 2016. If complete employee commute data from fiscal year 2016 is not available, then the base year measurement shall be calculated from the most recent and available set of complete employee survey data.

35.    “Major employer” (formerly “affected employer”) means a private or public employer, including state agencies, that employs 100 or more full-time affected employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least 12 continuous months.

36.    “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 100 or more full-time affected employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week, for at least 12 continuous months.

37.    “Mode” means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle/HOV (carpool, vanpool and/or transit), ferry, bicycle, walking, compressed work schedule and telecommuting.

38.    “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.

39.    “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

40.    “Peak period trip” means any employee trip that delivers the employee to his or her worksite on a regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

41.    “Preferred or preferential parking” means parking spaces or area(s) provided by the employer or developer in a location preferred by the majority of employees and set aside for employees who commute by carpool, vanpool or bicycle.

42.    “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute trips, including a motorcycle. If there are other passengers occupying the motor vehicle, but the ages of these passengers are under 16, the motor vehicle is still considered a “single-occupant vehicle” for measurement purposes.

43.    “Target” means a quantifiable or measurable value that is expressed as a desired level or performance, against which actual achievement can be compared in order to assess progress, such as increase in non-drive-alone trips.

44.    “Telecommuting or teleworking” means the use of telephones, computers, facsimile (FAX), or other similar technology to permit an employee to work at home or anywhere at any time, eliminating a commute trip, or to work at a work place closer to home, reducing the distance traveled in a commute trip by at least half.

45.    “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.

46.    “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.

47.    “Transportation fair” means a promotion held in a prominent, convenient, central location within the worksite or within a one-fourth mile walk distance in a business park, downtown, mall or other employment center.

48.    “Transportation information center” means an ongoing, on-site display of information explaining alternative transportation modes available for the worksite. A transportation information center must be available in an area of high employee traffic.

49.    “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits and may include employers located outside city limits.

50.    “Vanpool” means a motor vehicle occupied by five to 15 employees traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.

51.    “Voluntary employer worksite” means the physical location occupied by an employer who is voluntarily implementing a CTR program.

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

53.    “Weekday” means any day of the week except Saturday and Sunday.

54.    “Writing, written, or in writing” means original signed and dated documents. Facsimile (FAX) transmissions are a temporary notice of action that must be followed by the original signed and dated documents delivered via mail or other personal delivery means. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.020 Commute trip reduction goals.

Employers affected by this chapter are 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 goals for increasing Bothell’s proportion of non-drive-alone vehicle trips are established in the Bothell CTR plan. 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. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.030 Designation of base year values.

The base year proportion of non-drive-alone commute trips for all Bothell major employers shall be determined by the jurisdiction’s base year measurement.

New major employers shall collect employee trip data during the first fiscal year after becoming affected to determine the base year proportion of non-drive-alone trips. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.040 City of Bothell CTR plan and administrative guidelines.

A copy of the Bothell CTR plan and administrative guidelines is on file with the city clerk. The Bothell CTR plan may be amended by the Bothell city council in accordance with RCW 70.94.521 at any time with a public notice. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.050 Responsible agency.

The public works department shall be responsible for the administration and for the preparation of procedures to implement this chapter. The city manager shall be responsible for developing and implementing the required CTR program for the city, as a major employer under this chapter. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.060 Applicability.

The provisions of this chapter shall apply to any major employer or voluntary worksite within the corporate limits of the city. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.

A.    Notification of Applicability.

1.    In addition to Bothell’s established public notification for adoption of an ordinance, a summary of the ordinance that establishes this chapter, a notice of availability of the full text of the same, a notice of the requirements and criteria for major employers to comply with the same, and subsequent revisions shall be published at least once in a local newspaper of general public circulation, within 30 days after passage or revision of the same.

2.    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 collect baseline data within 90 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 90 days.

3.    Major employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within 90 days of the passage of said ordinance shall collect baseline data within 90 days of notification or the major employer shall submit a CTR program within 90 days of receipt of the baseline data results.

B.    New Major Employers.

1.    Employers that meet the definition of “major employer” in this chapter must identify themselves to the city within 90 days of either moving into the boundaries of Bothell or growing in employment at a worksite to 100 or more affected employees as specified under BMC 14.06.010(1). The employer will be given 90 days to begin baseline data collection, and an additional 90 days to submit a CTR program once the baseline survey results are given to the employer. The CTR program will be developed in consultation with the city and implemented not 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 this chapter.

2.    An employer that does not identify itself within 90 days is in violation and subject to penalties described in BMC 14.06.120, Enforcement.

C.    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 a sufficient number of employees to qualify as a major employer as specified under BMC 14.06.010(35) and can provide documentation that it will not employ a sufficient number of full-time employees to qualify as a major employer as specified under BMC 14.06.010(35) for the next 12 months, that employer is no longer a major employer. It is the responsibility of the employer to provide documentation to the city that it is no longer a major employer.

2.    If the same employer returns to the level of employment of a sufficient number of full-time employees to qualify as a major employer as specified under BMC 14.06.010(35) within the same 12 months, that employer is required to notify the city and will be considered a major employer for the entire 12 months, and will be subject to the same program requirements as other major employers.

3.    If the same employer returns to the level of employment of a sufficient number of full-time employees to qualify as a major employer as specified under BMC 14.06.010(35) 12 or more months after its change in status to a “voluntary” employer or 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. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.070 Requirements for employers.

Major employers are required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and to develop and implement a CTR program that will encourage its employees to increase non-drive-alone commute trips at each major worksite. 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 employer CTR program must include the mandatory elements described below:

A.    Description of Employer’s CTR Program. The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals. The goals are 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 associations in developing and implementing CTR programs. Each major employer is required to submit a description of its CTR program to the city on the official form provided by the city and shown in the CTR administration procedures. At a minimum, the employees’ description must include:

1.    General description of each worksite location in the city, transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees;

2.    Number of employees affected by the CTR program and total number of employees per worksite;

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 to implement the CTR program.

B.    Mandatory Program Elements. Each major employer’s CTR program for each major worksite shall include the following mandatory elements:

1.    Employee Transportation Coordinator (ETC). The employer shall designate at least one ETC to administer its CTR program. The ETC’s name, location, and telephone number must be displayed prominently at each major worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. A major employer with multiple major worksites in Bothell and/or the region may have one transportation coordinator for more than one major worksite, provided the workload permits them to perform required CTR implementation tasks. The objective is to have an effective ETC presence at each worksite. The ETC is not required to be an employee of the major employer.

2.    Information Distribution. Information about commute alternatives shall be distributed to all employees at least twice a year. One of the items distributed must be a description of the employer’s worksite program. Program information shall be posted permanently and regularly updated, in a conspicuous place that is easily accessible to all employees at bulletin boards, via electronic communications and/or kiosks. An information center is to be maintained in each worksite building used by 50 or more affected employees. Program information shall consist of, at a minimum, a summary of the employer’s program, including ETC name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer’s program description and quarterly reports must describe what information is to be distributed by the employer and the method of distribution.

3.    Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting, 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 which can be found at: www.wsdot.wa.gov/transit/CTR/law.htm unless otherwise directed. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the worksite’s CTR goals and targets. The format of the reports shall be provided by the city.

4.    Trip Data Measurement. In addition to the specific program baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals.

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 jurisdiction 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.

9.    Record Keeping. Major employers shall maintain all records required to document the performance of their accepted or approved CTR program for 48 months. Requirements are described in the CTR administrative procedures.

10.    Transportation Demand Management Elements. In addition to the specific program elements described above, the employer’s CTR program shall include a set of transportation demand management elements designed to achieve the trip reduction goals established by this chapter.

a.    Mandatory Transportation Demand Management Elements. An employer’s CTR program shall include at least one element selected from the list below and subject to the guidelines for the selected element, or the combined portions of selected elements, as provided in the administrative guidelines:

i.    Preferential parking or reduced parking charges for carpools and vanpools which is signed, monitored and enforced;

ii.    Financial incentives, including but not limited to subsidized bus passes, vanpool subsidies or a transportation allowance for non-SOV commuting;

iii.    Establishment of a program of alternate work schedules which eliminates work trips for affected employees;

iv.    Establishment of a program of telecommuting which permits affected employees to work at home or at an alternative worksite closer to their home;

v.    Provision of commuter ride matching services to facilitate ridesharing for commute trips, and/or vans or buses for employee ridesharing;

vi.    Participation in a transportation management association (TMA); and

vii.    Imposition of parking charges for SOV commuters.

b.    Additional Transportation Demand Management Program Elements. Each major employer shall include one or more additional CTR program element(s) designed to help employers meet CTR goals. Employers are encouraged to develop and implement innovative strategies, which are tailored to the specific situation at their worksite. Employers may also select elements from a list of recognized transportation demand management activities which include, but are not limited to, the following:

i.    Any element listed in subsection (B)(10)(a) of this section that has not been selected as required under subsection (B)(10)(b) of this section;

ii.    Permitting the use of employer’s vehicles for carpooling or vanpooling;

iii.    Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;

iv.    Cooperation with transportation providers to provide additional regular or express service to the worksite;

v.    Construction of special loading and unloading facilities for transit, carpool and vanpool users;

vi.    Provision of bicycle parking facilities, lockers, changing area and showers for employees who bicycle or walk to work;

vii.    Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;

viii.    Provision of a guaranteed ride home or emergency taxi service program;

ix.    Special, on-site promotions of alternatives to SOV commuting, in addition to the required promotion program described in subsection (B)(5) of this section;

x.    Implementation of other measures designed to facilitate the use of HOV, including but not limited to on-site day care facilities, concierge service or provision of company-provided vehicles for personnel use during break periods; and/or

xi.    Provision of commuter ride matching services to facilitate employee ridesharing for commute trips.

C.    Consideration of Other Program Elements. Consideration will be given by the city when reviewing CTR programs which include TDM elements that are designed to promote the use of alternative modes in ways other than those specified in subsections (B)(10)(a) and (b) of this section. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.080 Transportation management associations.

In lieu of submitting an initial CTR program and quarterly reports as described in BMC 14.06.070(B)(3), a major employer may join a transportation management association (TMA) that submits a single program or quarterly reports on behalf of its members. In addition to describing program measures which are common to its members, the CTR program and quarterly reports shall describe specific program measures which are unique to individual members’ worksites.

Each employer is responsible for meeting the requirements of this chapter regardless of the employer’s participation in a TMA. Program modifications shall be specific to an employer. If an employer elects to satisfy its CTR program requirements through a TMA program and/or quarterly reports, the employer shall notify the city in writing, designating the TMA as its agent. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.090 Program approval and modification criteria.

The following criteria shall be used to guide the review and development of CTR programs and quarterly CTR progress reports submitted to the city:

A.    Initial Program Submittal. Beginning with the initial CTR program submittal, and for all CTR progress report submittals prior to 1995, or prior to the employer’s first goal year, a program or progress report shall be approved if all required elements, as described in BMC 14.06.070, are included in the submittal.

B.    Criteria for Program Modifications. The following criteria shall be applied in determining 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 their CTR goals and 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 CTR goals and 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 30 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 CTR goals and 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 30 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 30 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 inform the employer in writing within 30 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 10 working days of the conference. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.100 Goal modifications, adjustments, program amendments, and exemptions.

A.    Modification of CTR Program Goals. An employer may request a modification of CTR program goals under the following conditions:

1.    Major employers may request that the city modify its CTR 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 quarterly 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 of the elements contained in its approved CTR program.

2.    The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable goals until one year after the city’s approval of its initial program description or quarterly report. The city shall respond to requests for goal modifications within 30 days of the receipt of the request.

B.    CTR Program Amendments. At least 90 days after the approval of a program description or quarterly report, any major employer may, as specified below, amend any CTR program elements listed in BMC 14.06.070(B)(10).

1.    An employer may amend their CTR program by replacing a program element selected as required under BMC 14.06.070(B)(10)(a) with any other element required under BMC 14.06.070(B)(10)(a) without prior city approval. The employer must, however, notify the city in writing prior to the implementation of such a change.

2.    An employer may request permission from the city to amend any program element included as required under BMC 14.06.070(B)(10)(b). Such request may be granted if one of the following conditions exists:

a.    The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer;

b.    The employer can demonstrate that compliance with the program elements would constitute an undue hardship; or

c.    The employer can demonstrate a significant change in local service or the transportation infrastructure that impacts the effectiveness of their adopted CTR program, or will increase the effectiveness of other program elements.

    The city shall respond to such a request within 30 days of the receipt of the request.

C.    CTR Exemptions. A major employer may request an exemption from all CTR program requirements or penalties for a particular worksite. 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 that could contribute to meeting the CTR goals and targets of the employer. The city shall respond to a request for an exemption within 30 days of the receipt of the request. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.

    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 grant or deny the request within 30 days of receipt of the request. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.110 Schedule for CTR program and annual reports submittal, review, and implementation.

A.    CTR Program Submittal and Implementation. Not more than 90 days after the adoption of the ordinance codified in this chapter, or within 90 days after an employer qualifies under the provisions of this chapter, the employer will be given the fiscal year following notification to collect baseline data and 90 days to submit a CTR program as provided in BMC 14.06.070. The CTR program will be developed in consultation with the city and implemented not more than 90 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. The employer shall implement an approved CTR program not more than 90 days after the initial program submittal to the city. Implementation of the approved program modifications will occur within 30 days of the final administrative decision on such modifications to the CTR program or CTR quarterly reports, or within of 90 days of the initial program submittal, whichever is greater.

B.    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, the first of which shall be submitted no less than 90 days after program approval.

C.    Extensions. An employer may request additional time to complete any action required under this chapter; provided, that no extension shall apply to the requirements of BMC 14.06.130. Such requests shall be made in writing no less than 30 days before the due date for which the extension is being requested. The city shall grant or deny the employer’s extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 extension days per year. Extensions shall not exempt an employer from any responsibility in meeting program goals. 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 designee.

D.    Schedule for Review of Programs and Required Program Modifications. 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 30 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 90 days of submission, the employer’s program or quarterly 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 of days. The city shall complete review of the employer’s program within 90 days of receipt. The city shall, as necessary during this review period to facilitate approval, discuss with the employer any issues of concern relating to the submitted program or report. The city shall provide the employer with written notification of the decision of approval or rejection of the employer’s CTR program including the cause for rejection.

If the decision is to reject an initial CTR program or quarterly report submittal, the employer shall resubmit the revised CTR program or annual report within 10 city business days of receipt of this decision notice.

Within 30 days of receipt of the revised program, the city shall review the revision and notify the employer in writing of the approval or rejection of the revised program or report. If the city’s decision is to reject the revised program or report, the employer may appeal this decision as provided in BMC 14.06.130. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.120 Enforcement.

A.    Compliance. For purposes of this section, “compliance” shall mean submitting required reports and documentation at prescribed times and fully implementing in good faith all provisions in an accepted CTR program.

B.    Violations. The following actions shall constitute a violation of this chapter:

1.    Failure to implement an approved CTR program unless the program elements that are carried out can be shown through data collected as specified in BMC 14.06.070(B)(3) to meet or exceed the applicable CTR goals and targets as specified in this chapter. Failure to implement a CTR program includes but is not limited to:

a.    Failure of existing or new major employers to identify themselves to the city within the time frames indicated in BMC 14.06.060;

b.    Failure to perform baseline data collection;

c.    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;

d.    Failure of employers to submit a complete CTR program within the deadlines specified in BMC 14.06.110;

e.    Failure of major employers to submit required documentation for quarterly reports;

f.    Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or

g.    Submittal of fraudulent data.

2.    Failure of major employers to modify a CTR program found to be unacceptable by the city under BMC 14.06.090.

C.    Civil Penalties. Each city business day during which an employer fails to (1) implement a commute trip reduction program, or (2) modify a commute trip reduction program that does not meet the goals shall constitute a separate violation of this chapter. No major employer with an approved CTR program may be held liable for failure to reach the applicable CTR goals. This chapter shall be enforced by the code compliance officer as provided in the Bothell Municipal Code; provided, that:

1.    Any violations of the provisions of this chapter shall be considered a Class I civil infraction pursuant to RCW 7.80.120, and shall subject the violator to a cumulative penalty in an amount not to exceed $250.00 per day for each violation from the date set for compliance until compliance is achieved; and

2.    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.

    Major 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 the city of Bothell and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).

14.06.130 Appeals of administrative decisions.

A.    Reconsideration of Decisions – Conference. Any major employer wishing to appeal a decision regarding program approval, goal modifications, program amendments, or exemptions must request a conference with the public works director, or his or her designee, to request a reconsideration of the decision. Such a conference must be requested within 10 city business days of the decision, and shall be scheduled within 30 days of the decision. When requesting a conference, an employer may indicate an intention to seek a recommendation from the peer review board, and request that the conference be scheduled or continued after such a recommendation has been issued. The city of Bothell public works director or designee shall issue a decision on the reconsideration request within 10 business days of the completion of the conference.

B.    Appeal of Administrative Decisions. Any person adversely affected by an administrative decision under this chapter may appeal that decision to the hearing examiner within 14 days of the decision on the reconsideration request. The hearing examiner shall render a final decision in all appeals filed under this subsection. Appellants shall be notified at least 10 days in advance of the date, time, and place at which the hearing examiner will consider the appeal. Administrative decisions shall be upheld if it is determined that they were consistent with this chapter, the CTR law (RCW 70.94.521 through 70.94.551) and the CTR board guidelines. Appeals may be granted if the employer can show the administrative decision is not consistent with this chapter.

C.    Appeals of Hearing Examiner Decisions. All actions seeking judicial review of any final decision of the hearing examiner under this chapter must be filed within 14 days from the date the decision is rendered. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).