Chapter 5.65 COMMUTE TRIP REDUCTION PROGRAM

Chapter 5.65
COMMUTE TRIP REDUCTION PROGRAM

Sections:

5.65.010 Definitions.

5.65.020 City of Redmond Commute Trip Reduction Plan.

5.65.030 Commute Trip Reduction Goals.

5.65.040 Commute Trip Reduction Goals for Affected Employers.

5.65.050 Responsible Agency.

5.65.060 Applicability.

5.65.070 Requirements for Employers.

5.65.080 Transportation Management Associations (TMA).

5.65.090 Biennial Measure of Employee Commute Behavior.

5.65.100 Schedule and Process for CTR Program Description and Report.

5.65.110 Exemptions and Goal Modifications.

5.65.120 Enforcement.

5.65.130 Appeals.

5.65.010 Definitions.

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

(A) “Affected employee” means a full-time employee (see definition of Full-Time Employee), who is scheduled to begin or who regularly begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least twelve continuous months, who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.

(B) “Affected employer” means an employer that employs 100 or more full-time employees at a single worksite covered by the Commute Trip Reduction Plan 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 twelve continuous months, even if the identity of the employees varies over time. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (See definition of Employer.)

(C) “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 commute trips.

(D) “Alternate work schedules” means programs such as compressed work weeks that eliminate work trips for affected employees.

(E) “Base year” means the twelve-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-month period as the basis upon which it develops commute trip reduction goals.

(F) “Base year survey” or “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 the city.

(G) “Carpool” means a motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.

(H) “City” means the city of Redmond.

(I) “City-sponsored commute program” means any commute incentive program sponsored by the city to help reduce vehicle trips.

(J) “Commute trip vehicle miles traveled per employee” means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.

(K) “Commute trips” means trips made from an employee’s home to a worksite to deliver the employee to begin his or her regularly scheduled workday between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays.

(L) “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together.

(M) “Compressed work week” means an employer-approved work schedule that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 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.

(N) “CTR” is the abbreviation of Commute Trip Reduction.

(O) “CTR plan” means the city’s plan as set forth in this chapter to regulate and administer the CTR programs of affected employers within its jurisdiction.

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

(Q) “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.

(R) “Days” means calendar days, unless otherwise qualified by the text.

(S) “Dominant mode” means the mode of travel used for the greatest distance of the trip.

(T) “Drive alone” means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle.

(U) “Drive-alone trips” means commute trips made by employees in single-occupant vehicles.

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

(W) “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation and monitoring of an employer’s CTR program.

(X) “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non-profit, or private, that employs workers.

(Y) “Exemption” means a waiver from any or all CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.

(Z) “Flexible work schedules (flex-time)” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their daily working hours to facilitate the use of alternative transportation modes.

(AA) “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two (52) weeks per year for an average of at least thirty-five (35) hours per week.

(BB) “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.

(CC) “GTEC” refers to the City of Redmond Overlake Growth and Transportation Efficiency Center. The GTEC program is a collection of jurisdiction-adopted goals and policies, facility and service improvements and marketing strategies about how the city will help make progress for reducing drive-alone trips and vehicle miles traveled for the GTEC. The program also specifies a financial plan and organizational structure for implementing the program strategies and services.

(DD) “High-occupancy vehicle (HOV)” means any motor vehicle occupied by two (2) or more people for commuting purposes.

(EE) “Implementation” 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 a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to this chapter and their CTR program and schedule.

(FF) “Major employer” means a private or public employer, including state agencies, that employs one hundred 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 continuous months.

(GG) “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the local jurisdiction.

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

(II) “Notice” means written communication delivered via the United States Postal Service with receipt, deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday, in which case the notice is deemed accepted the day after the weekend or legal holiday.

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

(KK) “Peak period trip” means any employee 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.

(LL) “Proportion of drive-alone trips,” “drive-alone rate/SOV 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.

(MM) “Ride matching service” means a system which assists in matching commuters for the purpose of commuting together.

(NN) “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle.

(OO) “Single-occupant vehicle (SOV) trips” means trips made by affected employees in SOVs.

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

(QQ) “Teleworking” or “telecommuting” means the use of telephones, computers, or other means to permit an employee to work at home, eliminating a work trip; or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.

(RR) “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. A transit trip counts as zero (0) vehicle trips.

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

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

(UU) “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA must have a formal agreement in existence specifying its purpose, must provide a common service for its members, and must have an administrator. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.

(VV) “Vanpool” means a vehicle occupied by seven (7) to fifteen (15) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. A vanpool trip counts as zero (0) vehicle trips.

(WW) “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.

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

(YY) “Weekday” means any day of the week except Saturday or Sunday.

(ZZ) “Work trip” means any trip made, at any time, by an employee from his or her home to a worksite for the purpose of beginning his or her regular workday.

(AAA) “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 document via mail or delivery. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.020 City of Redmond Commute Trip Reduction Plan.

The goals established for the jurisdiction and affected employers in the City of Redmond Commute Trip Reduction Plan prepared by the city and dated October 1, 2007, are herein incorporated by reference. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.030 Commute Trip Reduction Goals.

(A) The city’s goals for reductions in the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in the city’s jurisdiction, major employment installations, GTECs, and other areas designated by the city are hereby established by the city of Redmond’s CTR Plan incorporated by RMC 5.65.020. These goals establish the desired level of performance for the CTR program in its entirety in the city of Redmond.

(B) The city will set the individual worksite goals for affected employers based on how the worksite can contribute to the city’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 RMC 5.65.060. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.040 Commute Trip Reduction Goals for Affected Employers.

(A) The drive-alone and VMT goals for affected employers in the city are hereby established as set forth in the CTR Plan incorporated by RMC 5.65.020.

(B) The goals for an affected employer or newly affected employer are listed in the CTR Plan, and established by the city at a level designed to achieve the city’s overall goals for the jurisdiction and other areas as designated. The city shall provide written notification of the goals for each affected employer worksite by providing the information when the city reviews the employer’s proposed program and incorporating the goals into the program approval issued by the city. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.050 Responsible Agency.

The City of Redmond Planning Department shall be responsible for implementing this chapter, the CTR Plan, and the city’s CTR program for its own employees. The city council shall have the authority to issue such rules and administrative guidelines as are necessary to implement this chapter. Any administrative guidelines which are issued for this chapter shall be reviewed by the planning department, or as needed to ensure their applicability. The CTR program should be identified together with any authority necessary to carry out such responsibilities such as rule-making or certain administrative decisions. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.060 Applicability.

The provisions of this chapter shall apply to any affected employer at any single worksite within the geographic limits of the CTR Plan adopted in the city of Redmond CTR Plan, RMC 5.65.020. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees used to determine “affected employer” status: (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 the City of Redmond’s established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the city’s official newspaper within thirty (30) days after passage of the ordinance codified in this chapter or revisions.

(2) Affected employers located in the city of Redmond will receive written notification by certified mail that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the city.

(3) Affected employers that, for whatever reason, do not receive notice within thirty (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 the ordinance codified in this chapter will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the city.

(4) Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance codified in this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the city within 90 days from the passage 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 the city, 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 must identify themselves to the city within ninety (90) days of either moving into the boundaries of the city of Redmond outlined in the CTR Plan adopted in RMC 5.64.020 or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within 90 days are in violation of this chapter.

(2) Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the city. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this chapter are in violation of this chapter.

(3) Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the city. The program will be developed in consultation with the city to be consistent with the goals of the CTR Plan adopted in RMC 5.65.020. The program shall be implemented not more than 90 days after approval by the city. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in RMC 5.65.120.

(C) Change in Status as an Affected 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 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 an affected employer. It is the responsibility of the employer to provide documentation to the city 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 12 months and will be subject to the same program requirements as other affected employers.

(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 program requirements as other newly affected employers.

(4) This only applies when the CTR Plan as approved in RMC 5.65.020 designates the employer as affected based on location within the geographic limits of the plan. If the CTR Plan affects the employer based on a location within a Growth and Transportation Efficiency Center, and the employer meets the criteria laid out for that Center, then the Center’s requirements will apply. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.070 Requirements for Employers.

Every 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 employer shall submit a description of its program to the city of Redmond and provide an annual progress report to the city on employee commuting and progress toward meeting the goals. The CTR program must include the elements described below in subsections A and B of this section.

(A) The CTR Program Description. Affected employers shall review their program and file a regular annual progress report with the city in accordance with the format provided by the city. Strategies may 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 and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer’s description must include:

(1) General description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees;

(2) Number of employees affected by the CTR program; and total number of employees per site;

(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) A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.

(B) Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:

(1) Employee Transportation Coordinator (ETC). The employer shall designate an ETC to administer the CTR program. The ETC and/or designee’s name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city of Redmond. An affected employer with multiple sites may have one transportation coordinator for all sites. A transportation coordinator does not need to be an employee of the affected employer.

(2) Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least once a year. This 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. Employers shall also provide for continuous information distribution through a transportation information center to be maintained in each worksite building used by fifty (50) or more affected employees. Each employer’s program description and annual report must describe what information is to be distributed by the employer and the method of distribution. The summary of the employer’s CTR program shall also be submitted to the city with the employer’s program description and regular report annually.

(3) Annual Progress Report. The CTR program must include an annual review of employee commuting, progress and good faith efforts toward meeting the SOV reduction goals. Affected employers shall file an annual progress report to the city by November 1st of each year. The report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the data from the State of Washington Commute Trip Reduction Employee Questionnaire with a minimum seventy (70) percent response rate, or approved alternative information shall be required. The format of the reports shall be provided by the city.

(4) 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 the city for a minimum of 48 months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program.

(5) Transportation Demand Management Elements. In addition to the specific program elements described above, the employer’s CTR program shall include sufficient additional elements as needed to meet CTR goals. Elements may include, but are not limited to, the following:

(a) Provision of preferential parking for high-occupancy vehicles which is signed, monitored, and enforced;

(b) Reduced parking charges for high-occupancy vehicles;

(d) Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;

(e) Provision of subsidies for rail, transit, or vanpool fares and/or transit passes;

(f) Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;

(g) Provision of incentives for employees that do not drive alone to work;

(h) Permitting the use of the employer’s vehicles for carpooling or vanpooling;

(i) Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;

(j) Cooperation with transportation providers to provide additional regular or express service to the worksite;

(k) Construction of special loading and unloading facilities for transit, carpool, and vanpool users;

(l) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

(m) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;

(n) Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips;

(o) Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips;

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

(q) 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;

(r) Charging employees for parking, and/or the elimination of free parking;

(s) Other measures that the employer believes will reduce the number and length of commute trips made to the site;

(t) Participation in a Transportation Management Association (TMA); and

(u) Participation in a city-sponsored Commute Program. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.080 Transportation Management Associations (TMA).

TMAs, or other business partnerships, may provide a single program that describes the common program elements committed to be implemented by the TMA or business partnership members. Each employer shall remain accountable for the success of its own program and its own compliance with the jurisdictional requirements. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.090 Biennial Measure of Employee Commute Behavior.

(A) 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 Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every two years, and strive to achieve at least a 70 percent response rate from employees at the worksite.

(B) Employers also have the option of using a sample rather than surveying all of the affected employees or all of the employees at the worksite. Sampling is the process of taking a portion of a population and using statistical methods to ensure that it is representative of the entire population. Validated statistical procedures must be used to ensure that the sample represents the population adequately. All sample survey requests must be approved by the city and the Washington State Department of Transportation. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.100 Schedule and Process for CTR Program Description and Report.

(A) CTR Program Submittal and Implementation. Not more than one hundred and eighty (180) days after the adoption of the ordinance codified in this chapter, or within one hundred and eighty (180) days after an employer qualifies under the provisions of this chapter, the employer shall develop a CTR program and shall submit to the city for review a description of that program as provided in RMC 5.65.070 of this chapter. The employer shall implement a CTR program not more than one hundred and eighty (180) days after the initial program submittal to the city. Implementation of the approved program modifications will occur within thirty (30) days of the final administrative decision on such modifications, or within one hundred and eighty (180) days of the initial program submittal, whichever is greater.

(B) Employer Annual Reporting Date Schedule. Upon review of an employer’s initial CTR program, the city shall establish the employer’s annual reporting date, which shall not be less than twelve (12) months from the day the program is submitted. Each year on the employer’s reporting date, the employer shall submit the annual CTR report to the city. November 1st of each year is the current submittal date to the city for most employers.

(C) Extensions. An employer may request additional time to submit a CTR Program Description and Report, or to implement or modify a program. Such requests shall be via written notice at least thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request by written notice within ten (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 thirty (30) days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s regular 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 the planning director or designee.

(D) Schedule for Review of Programs, Annual Reports, 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. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within ninety (90) days of submission, the employer’s program or annual report is deemed accepted. The city 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.

(E) Modification of CTR Program Elements. Any affected employer may submit a request to the city for modification of CTR requirements. Such request may be granted if one of the following conditions exist:

(1) The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or

(2) The employer can demonstrate that compliance with the program elements would constitute an undue hardship.

(F) The city may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.110 Exemptions and Goal Modifications.

(A) Worksite Exemptions. An affected employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its 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 the city 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. The city shall grant or deny the request within thirty (30) days of receipt of the request. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.

(B) Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. The city shall grant or deny the request within thirty (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.

(1) An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least sixty (60) days prior to the date the worksite is required to submit its program description or 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 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.

(3) An employer may not request a modification of the applicable goals until one year after city/county approval of its initial program description or annual report.

(D) Implementation of Employer’s CTR Program. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than ninety (90) days after receiving written notice from the city that the program has been approved or with the expiration of the program review period without receiving notice from the city. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.120 Enforcement.

(A) Compliance. For purposes of this section, compliance shall mean:

(1) Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Program Description and Report;

(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. 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 improve 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 the applicable drive-alone or vehicle miles traveled goal, no additional modifications are required.

(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 drive-alone or VMT reduction goal, the city shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined by 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. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty (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.

(1) Failure to self-identify as an affected employer within the timeframes indicated in RMC 5.65.060;

(2) Failure to perform a baseline measurement, including:

(a) Employers notified or that have identified themselves to the city within ninety (90) days of the ordinance codified in this chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the city within ninety (90) days from the notification or self-identification;

(b) Employers not identified or self-identified within ninety (90) days of the ordinance codified in this chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the city within ninety (90) days from the adoption of the ordinance codified in this chapter;

(3) Failure to develop, submit, and/or submit on time a complete CTR program within the deadlines of 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) Submission of false or fraudulent data in response to survey requirements;

(6) Failure to make a good faith effort, as defined in RCW 70.94.534; or

(7) Failure to revise a CTR program as defined in RCW 70.94.534(4).

(D) 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 affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. This chapter shall be enforced by the Code Compliance Officer as provided in Chapter 1.14 RMC; provided, that:

(1) No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive-alone or VMT goal;

(2) Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW;

(3) An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:

(a) Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

(b) Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law RCW 70.94.531;

(4) In any hearing on the matter the City of Redmond Code Compliance Hearing Examiner shall consider as evidence:

(a) Documented contacts between the city and the employer;

(b) Documented program activities undertaken by the employer; and

(c) Any other evidence submitted by the city or the employer which can demonstrate compliance with this chapter and the CTR law RCW 70.94.521 through 70.94.551, or lack thereof; and

(5) The maximum civil penalty that may be imposed by the City of Redmond Code Compliance Hearing Examiner for each separate violation shall be $250 per day per violation.

(6) Failure to obey any order of the City of Redmond Code Compliance Hearing Examiner, and failure to comply with any administrative decision or sanction imposed under this chapter shall constitute a class I civil infraction pursuant to RCW 7.80.120 and shall be punishable by a maximum civil penalty of $250 per day per violation. In addition to the institution of any such civil infraction proceedings, the city may authorize the city attorney to collect the fees by appropriate legal action against the employer.

(7) An employer shall not be deemed to be in violation of this chapter if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:

(a) Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

(b) Advise the union of the existence of the statute and the mandates of the CTR program approved by the city of Redmond and advise the union that the proposal being made is necessary for compliance with state law RCW 70.94.531. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).

5.65.130 Appeals.

(A) Reconsideration of Decisions – Conference. Any affected employer wishing to appeal a decision regarding program approval, program exemption credit, goal modifications, adjustments, program amendments, or exemptions must request a conference with the planning director, or his or her designee, to request a reconsideration of the decision. Such a conference must be requested within ten (10) city business days of the decision, and shall be scheduled within thirty (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 shall issue a decision on the reconsideration request within ten (10) city business days of the completion of the conference.

(B) Review of Decisions. After having initiated a conference as described in RMC 5.65.130(A), an employer may seek a review of administrative decisions on program approval, program exemption credit, goal modifications, adjustments, program amendments, or exemptions from the Peer Review Board. This Board shall be created through interlocal agreement with other jurisdictions. This Board shall include private sector members appointed by the city and shall provide equitable representation of affected employers. The procedures and rules for this Board shall be defined in the Administrative Guidelines to this chapter. This Board shall have advisory power, and evidence of its findings may be presented in decision reconsideration conferences as described in RMC 5.65.130(A), or in appeals before the city council as provided in subsection (D) of this section. The provisions of this subsection, and of subsection (A) of this section, as it relates to the Peer Review Board, shall take effect only after the Peer Review Board has been created and established through interlocal agreement with other jurisdictions.

(C) Appeal of Administrative Decisions. Any person adversely affected by an administrative decision under this chapter may appeal that decision to the city council within fourteen (14) days of the decision.

(D) City Council Appeals. The city council shall render a final decision in all appeals filed under subsections (B) and (C) of this section. Appellants shall be notified at least ten (10) days in advance of the date, time, and place at which the Council 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 Guidelines. Appeals may be granted if the employer can show the administrative decision is not consistent with this chapter.

(E) Appeals of City Council Decisions. All actions seeking judicial review of any final decision of the city council under this chapter must be filed within fourteen (14) days from the date the decision is rendered. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).