Chapter 10.02
COMMUTE TRIP REDUCTION
(CTR) PLAN
Sections:
10.02.005 Findings.
10.02.010 Definitions.
10.02.020 Commute trip reduction goals.
10.02.030 Repealed.
10.02.040 City of Auburn CTR plan.
10.02.050 Responsible agency.
10.02.060 Applicability.
10.02.070 Requirements for employers.
10.02.080 Recordkeeping.
10.02.090 Repealed.
10.02.095 Program review and modifications.
10.02.100 Requests for exemptions or goal modifications of CTR requirements.
10.02.110 Commute trip reduction certificate of leadership.
10.02.120 Appeals.
10.02.130 Enforcement.
10.02.005 Findings.
The city of Auburn 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. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999.)
10.02.010 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 who is scheduled to begin 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 12 continuous months, and 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 a public or private employer that, for 12 continuous months, employs 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., inclusive, on two or more weekdays. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
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. “Alternative work schedules” means programs such as compressed work weeks that eliminate work trips for affected employees.
E. “Base year” means the 12-month period which commences when a major employer is determined by the city to be participating within the CTR program. The city uses this 12-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 city 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, including a motorcycle, occupied by two to six people of at least 16 years of age 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 Auburn.
I. “Commute trips” mean trips made from a worker’s home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m., inclusive, on weekdays.
J. “CTR” is the abbreviation of commute trip reduction.
K. “CTR plan” means the city’s plan to regulate and administer the CTR programs of affected employers within its jurisdiction.
L. “CTR program” means an employer’s strategies to reduce affected employees’ drive-alone commutes and average VMT per employee.
M. “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.
N. “Compressed work week” means an alternative work schedule in accordance with employer policy that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.
O. “Custom bus/buspool” means a commute bus service arranged specifically to transport employees to work.
P. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.
Q. “Drive alone” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
R. “Drive-alone trips” means commute trips made by employees in single-occupant vehicles.
S. “Employee” means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.
T. “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation and monitoring of an employer’s CTR program.
U. “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.
V. “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.
W. “Flex-time” is an employer policy that provides work schedules allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.
X. “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.
Y. “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.
Z. “Implementation” means active pursuit by an employer of the CTR goals stated in RCW 70.94.521 through 70.94.551 and in this chapter as evidenced by appointment of an employee transportation coordinator, distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to their approved CTR program and schedule.
AA. “Major employer” means a private or public employer, including state agencies, that employs 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 12 continuous months.
BB. “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the city.
CC. “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.
DD. “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.
EE. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m., inclusive, Monday through Friday, except legal holidays.
FF. “Peak period trip” means any commute trip that delivers the employee to begin his or her regular work day between 6:00 a.m. and 9:00 a.m., inclusive, Monday through Friday, except legal holidays.
GG. “Proportion of drive-alone trips” or “drive-alone rate” means the number of commute trips over a set period made by affected employees in single-occupancy vehicles divided by the number of potential trips taken by affected employees working during that period.
HH. “Ride matching service” means a system which assists in matching commutes for the purpose of commuting together.
II. “Teleworking” or “telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from 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.
JJ. “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.
KK. “Vanpool” means a vehicle occupied by five to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.
LL. “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.
MM. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.
NN. “Weekday” means any day of the week except Saturday or Sunday.
OO. “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. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.020 Commute trip reduction goals.
A. Commute Trip Reduction Goals. 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 are established by the city CTR plan. These goals establish the desired level of performance for the CTR program in its entirety in Auburn. The city will set the individual worksite goals for affected employers based on how the worksite can contribute to Auburn’s overall goal established in the city CTR plan. The goals will appear as a component of the affected employer’s approved CTR plan.
B. Commute Trip Reduction Goals for Affected Employers.
1. The drive-alone and VMT goals for affected employers in Auburn are hereby established as set forth in the city CTR plan.
2. If the goals for an affected employer or newly affected employer are not listed in the city CTR plan, they shall be established by the city at a level designed to achieve Auburn’s overall goals for the jurisdiction and other areas as designated by the city. 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. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.030 Designation of CTR zone and base year values.
Repealed by Ord. 6218. (Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.040 City of Auburn CTR plan.
The city of Auburn CTR plan, dated January 15, 2010, a copy of which is attached to the ordinance adopting this chapter as Exhibit “A,” and a copy of which plan will be on file with the city clerk, is hereby adopted. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.050 Responsible agency.
The city public works department shall be responsible for implementing this chapter and the CTR plan. The city’s CTR program for its own employees shall be administered by the city human resources department. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.060 Applicability.
The provisions of this chapter shall apply to any affected employer at any single 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. Known affected employers located within the city shall be notified in writing by certified mail that they are subject to the provisions of 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.
2. Affected employers that, for whatever reason, do not receive written notice, must identify themselves to the city upon determining they are defined as “affected employers.” Once they identify themselves, such employers will be granted 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the city.
3. Any existing employer of 75 or more persons who obtains a business license or business registration from the city will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or nonaffected in accordance with the provisions of this chapter.
4. 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 that meet the definition of “affected employer” in this chapter must identify themselves to the city within 90 days of either moving into the boundaries of the city or increasing employment at a worksite to 100 or more affected employees. Such newly affected employers that 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 from the date of identification to perform a baseline measurement consistent with the measurement requirements specified by the city. Newly affected employers that do not perform a baseline measurement within 90 days of receiving such 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 city of Auburn staff to be consistent with the goals of the city CTR plan. The program shall be implemented by the employer 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 this chapter.
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 affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for an exemption pursuant to ACC 10.02.100(A).
2. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is placed on a 12-month watch and is subject to the same program requirements as any other affected employer. At the end of the 12-month watch, if the employer no longer employs 100 or more affected employees, it is no longer an affected employer. It is the responsibility of the employer to notify the city that it is no longer an affected employer, and provide documentation to the city of its change in status. The burden of proof lies with the employer.
3. If the same employer returns to the level of 100 or more affected employees within the same 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.
4. If the same employer returns to the level of 100 or more affected employees 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. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.070 Requirements for 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 described herein.
A. Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:
1. Employee Transportation Coordinator. The employer shall designate an employee transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. The employee transportation coordinator must complete the basic ETC training course as provided by King County within six months of assuming the status of designated transportation coordinator, in order to help ensure consistent knowledge and understanding of CTR laws, rules and guidelines statewide. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one transportation coordinator for all sites.
2. Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s CTR program, including ETC name and phone number. Employers must also provide a summary of their CTR program to all new employees at the time of hire. Each employer’s CTR program description and progress report must describe what information is to be distributed by the employer and the method of distribution.
3. Description of Employer’s CTR Program. Each affected employer is required to submit a description of its CTR program to the city on the official form available from the public works department. The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals for each goal year. 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. At a minimum, the employer’s description must include:
a. General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees;
b. Number of employees affected by the CTR program and the total number of employees at the worksite;
c. Documentation of compliance with the mandatory CTR program elements as described in this section;
d. Description of the additional elements included in the CTR program; and
e. Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program.
B. CTR Program Report and Description. Affected employers shall review their programs and file a regular progress report with the city in accordance with the format provided by the city. The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commuter trip reduction goals for the reporting period. At a minimum, the employer’s CTR program report and description must include:
1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;
2. The number of employees affected by the CTR program and the total number of employees at the site;
3. Documentation of compliance with the mandatory CTR elements as described in this section;
4. Description of any additional elements included in the employer’s CTR program;
5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.
C. 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 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.
D. Additional Program Elements. In addition to the specific CTR program elements described above, the employer’s CTR program shall include a set of measures designed to meet CTR goals. Measures may include, but are not limited to, one or more of the following:
1. Provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
2. Instituting or increasing parking charges for drive-alone vehicles;
3. Provision of commute ride matching services to facilitate employee ride-sharing for commute trips;
4. Provision of subsidies for rail, vanpool, or transit fares and/or transit passes;
5. Provision of vans or buses for employee ridesharing;
6. Provision of subsidies for carpools, vanpools, walking, bicycling, teleworking, or compressed schedules;
7. Permitting the use of the employer’s vehicles for carpooling or vanpooling;
8. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
9. Cooperation with transportation providers to provide additional regular or express service to the worksite;
10. Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
11. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
12. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
13. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;
14. Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting;
15. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services or guaranteed ride home programs;
16. Provision of incentives for employees that do not drive alone to work;
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. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.080 Recordkeeping.
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 recordkeeping requirements as part of the accepted CTR program. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.090 Annual reports.
Repealed by Ord. 6218. (Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.095 Program review and modifications.
The city shall provide the employer with written notification indicating whether a CTR program or progress report was approved or 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 progress report within 90 days of submission, the employer’s program or progress 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.
A. An initial CTR program will be deemed acceptable if all required information on the CTR program form set forth in ACC 10.02.070 is provided. Upon review of an employer’s initial CTR program, the city shall establish the employer’s regular reporting date.
B. 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.
C. 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 and this chapter, but has not met the applicable drive-alone or VMT goal, no additional modifications are required.
D. The city may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request for a program modification.
E. 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 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to recommended modifications, the employer shall submit a revised CTR program description and report, 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 send written notice to that effect to the employer 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. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999.)
10.02.100 Requests for exemptions or goal modifications of CTR requirements.
A. Employer Exemptions. An affected employer may submit a request to 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 measures that could reduce the proportion of drive-alone commute 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 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 CTR 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 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.
C. Goal Modification.
1. An affected employer 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 progress 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 the city approves its initial program description or annual report.
D. Modification of CTR Program Elements. Any affected employer may submit a request to the city for modification of CTR program elements, other than the mandatory elements specified in this chapter, including recordkeeping 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.
E. Extensions. An employer may request additional time to submit a CTR program description or report, or to implement or modify a program for reasonable causes.
1. Such requests shall be made in writing to the city’s public works director 30 days before the due date for which the extension is being requested. In addition, all requests for extensions must be made prior to the due date anytime a program submission is going to be more than one week late. 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.
2. Extensions shall not exceed 90 days. Employers shall be limited to a total of 90 allowed extension days per year.
3. Extensions shall not exempt an employer from any responsibility in meeting CTR 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 CTR program elements.
4. An employer’s regular reporting date shall not be adjusted permanently as a result of these extensions. An employer’s biennial reporting date may be extended at the discretion of the public works director.
5. 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 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. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.110 Commute trip reduction certificate of leadership.
As public recognition for their efforts, employers with VMT per employee and proportion of drive-alone commute trips lower than the goal will receive a commute trip reduction certificate of leadership from the city. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.120 Appeals.
A. Employers may file a written appeal of final administrative decisions regarding the following actions:
1. Rejection of an employer’s proposed CTR program.
2. Denial of an employer’s request for a waiver or modification of any of the requirements under this chapter or a modification of the employer’s CTR program.
B. Appeals of the public works director’s determinations made pursuant to this chapter must be filed with the city’s public works department within 20 days after the final administrative decision is issued. Appeals shall be heard by the city’s hearing examiner in accordance with Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and the guidelines of the State Task Force. The hearing examiner’s determination shall be final unless appealed to the superior court of the county in which the employer’s primary offices/facilities are located within the city of Auburn in accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. (Ord. 6218 § 1, 2010; Ord. 6182 § 1, 2008; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)
10.02.130 Enforcement.
A. Compliance. For purposes of this chapter, “compliance” shall mean:
1. Submitting required reports and documentation at prescribed times;
2. Fully implementing in good faith all provisions in an approved CTR program; and
3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.
B. Violations. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. 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 quantifiable evidence to meet or exceed VMT and drive-alone commute goals as specified in this chapter. Failure to implement a CTR program includes but is not limited to:
a. Failure of any affected employer to submit a complete CTR program within the deadlines specified in ACC 10.20.060 and 10.20.070;
b. Failure to submit required documentation for annual reports;
c. Submission of fraudulent data.
2. Failure to modify a CTR program found to be unacceptable by the city under ACC 10.02.095(D).
3. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this chapter.
4. Failure to self-identify as an affected employer.
5. Failure to perform a baseline measurement within the applicable deadline set forth in this chapter.
C. Penalties.
1. No affected employer with an approved CTR program may be held liable for failure to reach the applicable drive-alone commute or VMT goals.
2. Each day of failure by an employer to comply with the requirements of this chapter shall constitute a separate violation, subject to penalties as described in Chapter 1.25 ACC.
D. Exemption from Civil Liability. 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 RCW 70.94.531. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)