Chapter 10.20
COMMUTE TRIP REDUCTION PLAN
Sections:
10.20.040 THE CITY OF BREMERTON’S CTR PLAN.
10.20.070 REQUIREMENTS FOR AFFECTED EMPLOYERS.
10.20.090 CTR PROGRAM ACCEPTANCE AND IMPLEMENTATION.
10.20.100 COMPLIANCE AND VIOLATIONS.
10.20.110 EXEMPTIONS AND GOAL MODIFICATIONS.
10.20.010 PURPOSE.
The purpose of this chapter is to establish commute trip reduction program requirements for affected employers within the City of Bremerton as required by RCW 70.94.527. These requirements will promote alternative commute modes and reduce the total number of drive alone commute trips, and vehicle miles traveled (VMT) per employee, thereby decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. The City of Bremerton recognizes the importance of increasing individual citizens’ awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues. (Ord. 5223 §1 (part), 2013)
10.20.020 DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(a) (1) "Affected employee" means a full-time employee who begins his or her regular work day at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays per week for at least twelve (12) continuous months who is not an independent contractor. Seasonal agriculture employees, including seasonal employees of processors of agriculture products are excluded from the count of affected employees.
(2) "Affected employer" means an employer that employs one hundred (100) or more affected employees at a single worksite covered by the commute trip reduction plan who scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months. Construction worksites, when the expected duration of the construction is less than two (2) years, are excluded from this definition. (Also see definition of "employer.")
(3) "Alternative 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 week schedules if they result in reducing commute trips.
(4) "Alternative work schedules" means programs such as compressed work week schedules that eliminate work trips by affected employees.
(b) (1) "Base year" means the twelve (12) month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City uses this twelve (12) month period as the basis upon which it develops commute trip reduction goals.
(2) "Baseline measurement" means the survey, during the base year, of employees at a major employer worksite to determine the drive alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by Kitsap Transit.
(c) (1) "Carpool" means any motor vehicle, including a motorcycle, occupied by two (2) to six (6) people of at least sixteen (16) years of age traveling together for their commute trip, resulting in the reduction of a minimum of one (1) motor vehicle commute trip.
(2) "Commute trips" means trips made from a worker’s home to a worksite (inclusive) on weekdays.
(3) "CTR" is the abbreviation of commute trip reduction.
(4) "Commute trip reduction (CTR) plan" means the goals established for the City and affected employers.
(5) "Commute trip reduction (CTR) program" means an employer’s strategies to reduce employees’ drive alone commutes and average VMT per employee.
(6) "Commute trip vehicle miles traveled per employee" means the sum of individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
(7) "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 (1) work day every two (2) 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 (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements.
(8) "Custom bus/buspool" means a commuter bus service arranged specifically to transport employees to work.
(d) (1) "Dominant mode" means the mode of travel used for the greatest distance of a commute trip.
(2) "Drive alone" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle.
(3) "Drive alone trips" means commute trips made by employees in single occupant vehicles.
(e) (1) "Employee transportation coordinator (ETC)" means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program.
(2) "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.
(3) "Exemption" means a waiver from any or all CTR program requirements granted to an employer by the City of Bremerton based on unique conditions that apply to the employer or employment site.
(f) (1) "Flex-time" is an employer policy that provides work schedules allowing individual employees some flexibility in choosing the start and end time but not the number of their working hours.
(2) "Full-time employee" means a person, other than an independent contractor, whose position is scheduled on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week.
(g) (1) "Good faith effort" means that an employer has met the minimum requirements identified in this chapter and in RCW 70.94.531, and is working collaboratively with Kitsap Transit 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.
(i) (1) "Implementation" or "implement" means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its improved CTR program and schedule.
(m) (1) "A major employer" means a private or public employer, including state agencies, that employs one hundred (100) or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve (12) continuous months.
(2) "Major employer worksite" or "affected employer worksite" or "worksite" means the physical location occupied by a major employer, as determined by the local jurisdiction.
(3) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City of Bremerton, at which there are one hundred (100) or more affected employees.
(4) "Mode" refers to the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting.
(n) (1) "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three (3) 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.
(p) (1) "Peak period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(2) "Peak period trip" means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(3) "Proportion of drive alone trips" or "drive alone rate" means the number of commute trips over a set period made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period.
(r) (1) "Ride matching service" means a system which assists in matching commuters for the purpose of commuting together.
(t) (1) "Teleworking" or "telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work at home 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.
(2) "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, shared-ride taxi, shuttle bus, or vanpool.
(3) "Transportation demand management (TDM)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
(4) "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 or may have a sphere of influence that extends beyond city limits.
(v) (1) "Vanpool" means a vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one (1) motor vehicle trip.
(2) "Vehicle miles traveled (VMT) per employee" means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period.
(w) (1) "Week" means a seven (7) day calendar period, starting on Monday and continuing through Sunday.
(2) "Weekday" means any day of the week except Saturday or Sunday.
(3) "Writing," "written," or "in writing" means original signed and dated documents. Facsimile (fax) and email transmissions are a temporary notice of action that must be followed via mail or delivery of the original signed and dated document. (Ord. 5223 §1 (part), 2013)
10.20.030 RESPONSIBLE AGENCY.
The City of Bremerton has entered into an interlocal agreement with Kitsap Transit pursuant to Chapter 39.34 RCW and RCW 70.94.527(5) whereby Kitsap Transit is the agency responsible for implementing and administering the City of Bremerton’s CTR plan and this chapter. Kitsap Transit is located at:
60 Washington Avenue, Ste. 200
Bremerton, Washington 98337
(Ord. 5223 §1 (part), 2013)
10.20.040 THE CITY OF BREMERTON’S CTR PLAN.
The goals established for the jurisdiction and affected employers in the City of Bremerton are set forth in the City’s commute trip reduction plan ("CTR plan") as currently enacted and hereinafter amended by the City, incorporated herein by this reference. (Ord. 5223 §1 (part), 2013)
10.20.050 CTR GOALS.
(a) Commute Trip Reduction Goals.
(1) The City of Bremerton’s goals for reductions in the proportions of drive alone commute trips and vehicle miles traveled per employee by affected employers in the City of Bremerton’s jurisdiction, major employment installations, and other areas designated by the City of Bremerton are hereby established by the City of Bremerton’s CTR plan incorporated by BMC 10.20.040. These goals establish the desired level of performance for the CTR program in its entirety in the City of Bremerton.
(2) Kitsap Transit will set the individual worksite goals for affected employers based on how the worksite can contribute to the City of Bremerton’s overall goal established in the CTR plan. The goals will appear as a component of the affected employer’s approved implementation plan outlined in BMC 10.20.070.
(b) Commute Trip Reduction Goals for Affected Employers.
(1) The drive alone and VMT goals for affected employers in the City of Bremerton are hereby established as set forth in the CTR plan incorporated by BMC 10.20.040.
(2) If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they will be established by Kitsap Transit at a level designed to achieve the City of Bremerton’s overall goals for the jurisdiction and other areas as designated by the City of Bremerton. Kitsap Transit shall provide written notification of the goals for each affected employer worksite by providing the information when Kitsap Transit reviews the employer’s proposed program and incorporating the goals into the program approval issued by Kitsap Transit. (Ord. 5223 §1 (part), 2013)
10.20.060 APPLICABILITY.
The provisions of this chapter shall apply to any affected employer within the geographic limits of the CTR plan adopted in BMC 10.20.040.
(a) Notice of Applicability.
(1) Publication of Notice. Notice of the ordinance adopting this chapter shall be published in accordance with the City of Bremerton’s established public notification procedures for adoption of an ordinance or an amendment to an ordinance.
(2) Affected employers located in the City of Bremerton shall receive written notification from Kitsap Transit that they are subject to this chapter. Such notices shall be by certified mail or delivery, return receipt, addressed to the employer’s chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement as defined in BMC 10.20.020. Kitsap Transit shall also send to all known affected employers notice of any amendments to this chapter.
(3) Affected employers who, for whatever reason, do not receive notification within thirty (30) days of the effective date of the ordinance codified in this chapter and are either notified or identify themselves to Kitsap Transit within ninety (90) days of the effective date of the ordinance codified in this chapter will be granted an extension up to ninety (90) days within which to perform a baseline measurement specified by Kitsap Transit.
(4) Affected employers that have not been identified or do not identify themselves within ninety (90) days of the effective date of the ordinance codified in this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit within ninety (90) days from the effective date of the ordinance codified in this chapter are in violation of this chapter.
(5) If an affected employer has already performed a baseline measurement, or an alternative acceptable to Kitsap Transit, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.
(b) Newly Affected Employers.
(1) Employers meeting the definition of "affected employer" in this chapter shall identify themselves to Kitsap Transit within ninety (90) days of either moving into the boundaries outlined in the CTR plan adopted in BMC 10.20.040 or growing in employment at a work site to one hundred (100) or more affected employees. Employers who do not identify themselves within ninety (90) days are in violation of this chapter.
(2) Newly affected employers identified as such shall be given ninety (90) days to perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit. Employers who do not perform a baseline measurement within ninety (90) days of receiving written notification that they are subject to this chapter are in violation of this chapter.
(3) Not more than ninety (90) days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a commute trip reduction program ("CTR program") to Kitsap Transit. The program will be developed in consultation with Kitsap Transit staff listed in BMC 10.20.030 to be consistent with the goals of the CTR plan adopted in BMC 10.20.040. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter.
(c) Change in Status as an Affected Employer. Any of the following changes in an affected employer’s status may change the employer’s CTR program requirements:
(1) If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer considered an affected employer. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer, the burden of proof lies with the employer;
(2) If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months, and will be subject to the same CTR program requirements as other affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer; and
(3) If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly affected employer, and will be subject to the same CTR program requirements as other newly affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing that it has become an affected employer. (Ord. 5223 §1 (part), 2013)
10.20.070 REQUIREMENTS FOR AFFECTED EMPLOYERS.
An affected 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 reduce VMT per employee and drive alone commute trips. The CTR program must include the mandatory elements as described below.
(a) Mandatory Program Elements.
(1) Employee Transportation Coordinator. The name of the employer’s designated employee transportation coordinator (ETC) to administer the CTR program. The ETC and/or designee’s name, location, and telephone number must be physically or electronically prominently displayed at each affected worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and Kitsap Transit. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one (1) ETC for all sites.
(2) Information Distribution. Information about alternatives to drive alone commuting as well as a summary of the employer’s CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer’s CTR program shall also be submitted to Kitsap Transit with the employer’s program description and regular report.
(b) Additional Program Elements. In addition to specific program elements described above, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one (1) or more of the following:
(1) A provision for preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
(2) Instituting or increasing parking charges for drive alone commuters;
(3) A provision for commuter ride matching services to facilitate employee ride-sharing for commute trips;
(4) A provision for subsidies for rail, transit, or vanpool fares and/or transit passes;
(5) A provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit’s worker/driver buses) for employee ride-sharing;
(6) A provision for subsidies for carpools, vanpools, walking, bicycling, teleworking, or compressed schedules;
(7) A provision of incentives for employees that do not drive alone to work;
(8) Permitting the use of the employer’s vehicles for carpooling or vanpooling;
(9) Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
(10) Cooperation with transportation providers to provide additional regular or express service to the worksite;
(11) Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
(12) A provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
(13) A provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities;
(14) Establishment of a telecommuting program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;
(15) Establishment of a program of alternative work schedules such as a compressed work week which reduces commuting;
(16) Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs;
(17) Charging employees for parking, and/or the elimination of free parking; and
(18) Other measures that the employer believes will reduce the number and length of commute trips made to the site.
(c) CTR Program Report and Description.
(1) Affected employers shall review their program and file a regular progress report with Kitsap Transit in accordance with the format provided by Kitsap Transit.
(2) The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. 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 to implement program elements.
(3) At a minimum the employer’s CTR program report and description must include:
(i) A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;
(ii) The number of employees affected by the CTR program and the total number of employees at the site;
(iii) Documentation on compliance with the mandatory CTR program elements as described in subsection (a) of this section;
(iv) A description of any additional elements included in the employer’s CTR program as described in subsection (b) of this section;
(v) A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.
(d) Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect CTR program employee questionnaires (surveys) at least once every two (2) years, and strive to achieve at least a seventy (70) percent response rate from employees at the worksite. (Ord. 5223 §1 (part), 2013)
10.20.080 RECORD KEEPING.
Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to Kitsap Transit for a minimum of forty-eight (48) months. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer’s accepted CTR program. (Ord. 5223 §1 (part), 2013)
10.20.090 CTR PROGRAM ACCEPTANCE AND IMPLEMENTATION.
(a) Document Review.
(1) Kitsap Transit shall provide the employer with written notification if the employer’s CTR program is deemed acceptable. The notification must give cause for any rejection. Such notification shall be by certified mail or delivery, return receipt, addressed to the employer’s employee transportation coordinator. If the employer receives no written notification of extension of the review period or comment on the CTR program or annual report within ninety (90) days of submission, the employer’s CTR program or annual report shall be deemed accepted. Kitsap Transit may extend the review period up to ninety (90) days. The implementation date for the employer’s CTR program will be extended an equivalent number of days.
(b) Schedule. Upon review on an employer’s initial CTR program, Kitsap Transit shall establish the employer’s regular reporting date. This report will be provided in a form provided by Kitsap Transit consistent with BMC 10.20.070(c).
(c) Modification of CTR Program Elements. An affected employer may request a modification of the CTR program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one (1) of the following conditions exist:
(1) Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or
(2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR program element(s) would constitute an undue hardship.
Kitsap Transit may ask the affected employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request.
(d) Extensions. An affected employer may request from Kitsap Transit additional time to submit a CTR program description and report, or to implement or modify a CTR program. Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days may be considered for reasonable cause. Kitsap Transit shall grant or deny the employer’s extension request by certified letter, return receipt within ten (10) days of receiving the request. If there is no response issued to the employer, an extension is automatically granted for thirty (30) days. Extension shall not exempt an employer from any responsibility in meeting the CTR program goals. Extensions granted due to delays or difficulties with any CTR program element(s) 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 of these extensions. An employer’s annual reporting date may be extended at the discretion of Kitsap Transit.
(e) Implementation of Employer’s CTR Program. Unless extensions are granted, employer shall implement its approved CTR program, including approved program modifications, not more than ninety (90) days after receiving written notice for Kitsap Transit that the program has been approved or with the expiration of the program review period without receiving notice from Kitsap Transit. (Ord. 5223 §1 (part), 2013)
10.20.100 COMPLIANCE AND VIOLATIONS.
(a) Compliance. Except as otherwise provided in this chapter, compliance shall mean:
(1) Fully implementing in good faith all mandatory program elements as well as provisions in an approved CTR program description and report and satisfying the requirements of this chapter;
(2) Providing a complete CTR program description and report on the regular reporting date; and
(3) Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.
(b) Program Modification Criteria. Kitsap Transit shall use the following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR program modifications:
(1) If an employer meets either or both goals, 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 this chapter and in RCW 70.94.534(2), but has not met or is not likely to meet the applicable drive alone or VMT goal, no additional modifications are required.
(3) If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70.94.534(2), and fails to meet either the applicable drive alone or VMT reduction goal, Kitsap Transit shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined in RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within thirty (30) days of receiving written notice to revise its program. Kitsap Transit shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, Kitsap Transit will send written notice to that effect to the employer within thirty (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 Kitsap Transit within ten (10) working days of the conference.
(c) Violations. The following constitute violations of this chapter:
(1) Failure to self-identify as an affected employer;
(2) Failure to perform a baseline measurement, including:
(i) Affected employers notified or that have identified themselves to Kitsap Transit within ninety (90) days of the effective date of the ordinance codified in this chapter and that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the notification or self-identification; and
(ii) Affected employers not identified or self-identified within ninety (90) days of the effective date of the ordinance codified in this chapter that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the effective date of the ordinance codified in this chapter;
(3) Failure to develop and/or submit a complete CTR program by the applicable deadlines as stated in this chapter;
(4) 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 VMT and drive alone goals as specified in this chapter;
(5) Intentionally submitting false or fraudulent date in response to survey requirements;
(6) Failure to make a good faith effort, as defined in this chapter and in RCW 70.94.534; or
(7) Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter.
(d) Penalties. As authorized by RCW 70.94.534(5), civil penalties may be imposed as follows:
(1) Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I civil infraction, and submit to civil penalties pursuant to RCW 7.80.120;
(2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided; and
(3) Union Agreements. An 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:
(i) 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
(ii) Advise the union of the existence of the Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70.94.531).
(4) Failure to Reach Goals. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. (Ord. 5223 §1 (part), 2013)
10.20.110 EXEMPTIONS AND GOAL MODIFICATIONS.
(a) Worksite Exemptions. An affected employer may submit a request to Kitsap Transit to grant an exemption from all CTR program requirements 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 location(s). An exemption may be granted if and only if the affected 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 Kitsap Transit at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. Kitsap Transit shall grant or deny the request within thirty (30) days of receipt of the request. Kitsap Transit 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. Kitsap Transit will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption request. Kitsap Transit shall grant or deny the request within thirty (30) days of receipt of the request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
(c) Modification of CTR Program Goals.
(1) An affected employer may request that Kitsap Transit modify the employer’s CTR goals. Such request shall be filed in writing at least sixty (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 the elements contained in its approved CTR program.
(2) Kitsap Transit 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 (1) year after Kitsap Transit has approved the employer’s initial program description or annual report. (Ord. 5223 §1 (part), 2013)
10.20.120 APPEALS.
(a) Appeal of the Assessment of Penalties. An assessment of penalties pursuant to BMC 10.20.100(d) may be appealed to the Municipal Court Hearing Examiner pursuant to Chapter 2.62 BMC.
(b) Appeal of Final Administrative Decision. A final administrative decision of Kitsap Transit relating to the acceptance, modification or exemption of an affected employer’s CTR program may be appealed using the administrative appellate procedures as follows:
(1) Kitsap Transit shall hire and pay for a Hearing Examiner for the sole purpose of hearing appeals brought pursuant to this chapter.
(2) Appeals shall be heard within sixty (60) days of the date the notice of appeal is received by the presiding officer; however, no appeal shall be set less than fifteen (15) days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review.
(3) The Hearing Examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washington State CTR Law and the CTR Task Force Guidelines. Appeals may be granted by the CTR Hearing Examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee.
(c) Decision. The decision of the Hearing Examiner shall be final. (Ord. 5223 §1 (part), 2013)