Chapter 11.52 COMMUTE TRIP REDUCTION (CTR) PLAN

The purpose of this chapter is to provide a method for compliance with the Washington State Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.555), as amended in 2006 by the Commute Trip Reduction Efficiency Act. The Commute Trip Reduction Law was passed to reduce traffic congestion, air pollution, and dependency on fossil fuels through employer-based programs encouraging alternative commute methods to the single-occupancy vehicle. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.020 Definitions.

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

“Affected employee” means a full‑time employee who begins his or her regular work day at a major employer worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays, for at least 12 continuous months, which employee is not an independent contractor and is scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.

“Affected urban growth area” means:

(1) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the 100 person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and

(2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over 70,000 that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or

(3) An urban growth area identified by the Washington State Department of Transportation as listed in WAC 468-63-020(2)(b).

“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 weeks if they result in reducing commute trips.

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

“Base year” means the 12-month period that commences when the city of Marysville determines an employer is required to comply with the CTR Law.

“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 measurements must be implemented in a manner that meets the requirements specified by the city.

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

“City” means the city of Marysville.

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

“Commute trip reduction (CTR) plan” means the city’s plan and ordinance that regulate and administer the CTR program of a major employer within the city’s jurisdiction.

“CTR commuter” means a resident or employee in an affected urban growth area who is participating in the city’s commute trip reduction program, including any growth and transportation and efficiency center programs, implemented to meet the city’s established targets.

“CTR Law” means the Commute Trip Reduction Law passed by the Washington State Legislature in 1991 (Chapter 202, Laws of 1991), codified in RCW 70.94.521 through 70.94.555, and amended in 1997 and 2006, requiring counties of over 150,000 residents, with one or more major employers, to implement a CTR ordinance and plan. All cities in such counties with one or more major employers are also required to adopt CTR ordinances and plans.

“CTR program” means an employer’s strategies to reduce affected employees’ SOV use and commute trip vehicle miles traveled per employee (VMT).

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

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

“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 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.

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

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

“Drive-alone” means a single-occupant vehicle.

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

“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.

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

“Flex‑time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.

“Full‑time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.

“Goal” means a purpose toward which efforts are directed.

“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.

“Growth and transportation efficiency center (GTEC)” means a defined, compact mixed-use urban center that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a GTEC must meet minimum criteria established by the CTR Board under RCW 70.94.537, and must be certified by a regional transportation planning organization as established in RCW 47.80.020.

“Implementation” means active pursuit by an employer toward the goals of this chapter as evidenced by appointment of a transportation coordinator, and commencement of other measures according to their CTR program and schedule.

“Jurisdiction’s base year measurement” means the proportion of single-occupant vehicle commute trips by CTR commuters, and commute trip vehicle miles traveled per CTR commuter, on which commute trip reduction targets for the local jurisdiction shall be based. The jurisdiction’s base year measurement, for those jurisdictions with an affected urban growth area as of March 1, 2007, shall be determined based on employee surveys administered in the 2006-2007 survey cycle. If complete employee survey data from the 2006-2007 survey cycle is not available, then the base year measurement shall be calculated from the most recent and available set of complete employee survey data.

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

“Major worksite” means a building or group of buildings that are on physically contiguous parcels of land, or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are 100 or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least 12 continuous months.

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

“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.

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

“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., Monday through Friday, except legal holidays.

“Person hours of delay” means the daily person hours of delay per mile during the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the Washington State Department of Transportation.

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

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

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

“Target” means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress.

“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 workplace closer to home, reducing the distance traveled in a commute trip by at least half.

“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 vehicle trips.

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

“Transportation management organization (TMO)” means a group of employers, or an association representing a group of employers, in a defined geographic area. A TMO may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.

“Vanpool” means a vehicle occupied by seven to 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 vehicle trips.

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

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

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

“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. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.030 Marysville commute trip reduction (CTR) plan.

The Marysville CTR plan, as updated in 2008 and set forth in the ordinance codified in this chapter, is adopted wholly and incorporated herein by reference and enacted as the Marysville commute trip reduction plan. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.035 CTR goals.

The goals for reducing Marysville’s proportion of drive-alone vehicle trips and commute trip vehicle miles traveled per employee are established in the Marysville CTR plan as set forth in the ordinance codified in this chapter. The city will set the individual worksite goals for major employers based on how the worksite can contribute to the city’s overall goal established in the CTR plan. (Ord. 2746 § 1, 2008).

11.52.040 Responsible city department.

The community development director is hereby authorized and directed to enforce all the provisions of this chapter. The community development director may prepare and require the use of such forms and procedures as are essential to the administration of this chapter. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.050 Applicability.

The provisions of this chapter shall apply to all major employers within the corporate limits of the city of Marysville.

(1) In addition to Marysville’s established public notification for adoption of an ordinance, a notice of availability of a summary of this chapter, a notice of the requirements and criteria for major employers to comply with this chapter, and subsequent ordinance revisions shall be published at least once in Marysville’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter;

(2) Major employers located in the city shall receive written notification that they are subject to this chapter, within 30 days of passage of the ordinance codified in this chapter. Such notice shall be by certified mail, return receipt requested, addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notification shall provide 90 days for the major employer to perform a baseline survey. After the results of the baseline survey are provided to the major employer, it has 90 days to submit a CTR program to the city;

(3) Major employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter, and are either notified or identify themselves to the city within 90 days of the passage of the ordinance, will be granted an extension to assure the employers have up to 90 days within which to perform a baseline survey. After the results of the baseline survey are provided to the major employer, they have 90 days to submit a CTR program to the city;

(4) Major employers that have not been identified or do not identify themselves within 90 days, do not complete a baseline survey within 90 days, or do not submit a CTR program within 180 days of the passage of the ordinance codified in this chapter are in violation of this chapter;

(5) If a major employer has already performed a baseline survey, the major employer is not required to perform another survey and is required to submit a CTR plan to the city within 90 days of the passage of the ordinance codified in this chapter. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.060 New major employers.

(1) Employers that meet the definition of “major employer” in this chapter must identify themselves to the city within 90 days of either moving into the boundaries of Marysville or growing in employment at a worksite to 100 or more affected employees. Such employers shall be given 90 days to complete a baseline survey, and an additional 90 days to submit a CTR program, once the baseline survey results are given to the employer. The CTR program will be developed in consultation with the city and implemented no more than 90 days after the program’s approval. Employers who do not implement an approved CTR program according to this section are in violation of this chapter.

(2) Employers that do not identify themselves within 90 days of becoming an affected employer are in violation of this chapter.

(3) New major employers shall have four years from the city’s acceptance of the CTR program to meet the CTR reduction goal of 10 percent. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.070 Change in status as a major employer.

Any of the following changes in an employer’s status will change the employer’s CTR program requirements:

(1) If an employer initially designated as a major employer no longer employs 100 or more affected employees, and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer a major employer. It is the responsibility of the employer to notify the city that it is no longer a major employer;

(2) If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered a major employer for the entire 12 months. The employer must notify the city in writing that it is an affected employer, and will be subject to the same program requirements as other major employers; and

(3) 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 new major employer, and will be subject to the same program requirements as other new major employers. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.080 General requirements for employers.

A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and MMC 11.52.020, to develop and implement a CTR program that will encourage its employees to reduce drive-alone commute trips and commute trip vehicle miles traveled per employee. The employer shall submit a description of its program to the city and provide an annual progress report to the city on employee commuting and progress toward meeting the SOV goals. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.090 CTR program description requirements.

(1) The CTR program description shall present the strategies to be undertaken by a major employer to achieve the commute trip reduction goals. The goal is currently 10 percent reduction in the base year measurement by the year 2011. 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.

(2) At a minimum, the employer’s CTR program description must include:

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

(b) Number of employees affected by the CTR program;

(d) Description of the additional elements included in the CTR program as described in MMC 11.52.110; and

(e) Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.100 Mandatory CTR program elements.

Each employer’s CTR program shall include the following mandatory elements:

(1) Employee Transportation Coordinator (ETC). The employer shall designate an employee transportation coordinator to administer the CTR program. The ETC’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall be trained in CTR program development and administration through a program approved by the city. The ETC shall attend annual ETC training and a minimum of six hours of other training or network meetings annually, or as organized by the city. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. The objective is to have an effective ETC presence at each worksite; a major employer with multiple sites may have one ETC for all sites.

(2) Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least twice a year. Each employer’s program description and annual report must report the information to be distributed and the method of distribution.

(3) Annual or Biennial Progress Report. The CTR program must include an annual or biennial review of employee commuting and of progress and good faith efforts toward meeting the SOV and VMT reduction goals. Determination of annual or biennial reporting requirement is dependent on worksite commute trip reduction performance, and the city will advise the major employer of required report frequency. Major employers shall file an annual or biennial progress report with the city in accordance with the format established by this chapter and consistent with the CTR task force guidelines. The report shall describe each of the CTR measures that were in effect for the previous year(s), the results of any commuter surveys undertaken during the year(s), 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 every two years after implementation begins. The employer should contact the city for the format of the report.

(4) Biennial Survey or Measurement. In addition to the specific program baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. 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 shall achieve a 70 percent response rate from employees at the worksite. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.110 Additional CTR program elements.

In addition to the specific program elements described in MMC 11.52.100, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements 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 SOVs;

(3) Provision of commuter ride matching services to facilitate employee ride‑sharing for commute trips;

(4) Provision of subsidies for transit fares;

(5) Provision of vans for vanpools;

(6) Provision of subsidies for carpools or vanpools;

(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‑time 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 reduce commuting;

(15) Promotional activities for ride-sharing and transit, as well as fixed commuter information centers;

(16) Guaranteed rides in emergency situations for ride-share participants;

(17) Reduction of parking provided in accordance with the Marysville Zoning Code;

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

(19) Implementation of other measures designed to facilitate the use of high‑occupancy vehicles, such as on‑site day care facilities. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.120 Record keeping.

Major employers shall include a list of the records they will keep as part of the CTR program they submit to the city for approval. Records shall reflect the measures selected by the employer. For example, an employer providing transit and vanpool pass subsidies shall keep monthly records of pass sales; employers with parking charges and reduced rates for carpools and vanpools shall record parking pass sales by type. Employers will maintain all records listed in their CTR program 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. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.130 CTR program submittal.

Not more than six months after the adoption of the ordinance codified in this chapter, or within six months after an employer qualifies under the provisions of this chapter, the employer shall develop a CTR program and shall submit to the city a written description of that program for review by the city. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.140 Annual CTR reports.

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 12 months from the day the program is submitted. Each year on the employer’s reporting date, the employer shall submit to the city the annual CTR report. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.150 Document review.

The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for the rejection. If the employer does not receive written notification of extension of the review period for the CTR program or city comment on the CTR program or annual report within 90 days of submission, the employer’s program or annual 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. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.160 Modification of CTR program elements.

Any major employer may request that the city allow for the modification of CTR program elements, other than the mandatory elements specified in this chapter, including record keeping requirements. Such request may be granted by the city if one of the following conditions exist:

(1) The employer can demonstrate that 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.

The city may require the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.170 Extensions.

(1) An affected employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing at least 30 days before the due date for which the extension is being requested. Extensions, not to exceed 90 days, shall be considered for reasonable cause shown.

(2) The city shall grant or deny the employer’s extension request in writing within 10 working days of receipt. If there is no response issued to the employer, an extension is automatically granted for 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 elements 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 the community development director. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.180 Implementation of employer’s CTR program.

Unless extensions are granted, the employer shall implement its approved CTR program 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. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.200 Enforcement.

(1) Compliance. For purposes of this section, “compliance” shall mean fully implementing, in good faith, all provisions in an approved CTR program.

(2) 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:

(a) If an employer meets either or both goals, the employer has satisfied the objective of the CTR plan and will not be required to modify its CTR program;

(b) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and MMC 11.52.020, but has not met or is not likely to meet the applicable drive-alone or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching agreement;

(c) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and MMC 11.52.020, and fails to meet the applicable drive-alone or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications or equivalent measures, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send the employer written notice of that effect 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.

(3) Violations. The following constitute violations if the deadlines and/or other requirements established in this chapter are not met:

(a) Failure to develop and/or submit on time a complete CTR program;

(b) 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;

(d) Failure to make a good faith effort, as defined in RCW 70.94.534(2) or MMC 11.52.020, to achieve the goals outlined in RCW 70.94.527(4), MMC 11.52.080, and this chapter; or

(e) Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.210 Penalties.

The following penalties apply:

(1) No major employer with an approved CTR program that 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 CTR program shall constitute a separate violation, subject to penalties as described in Chapter 4.02 MMC and consistent with Chapter 7.80 RCW;

(3) A major employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. 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). (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.220 Exemptions and goal modifications.

(1) Worksite Exemptions. A major employer may request the city 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 workforce, or its location(s). An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could 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 major employer. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.

(2) 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 Guidelines to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption be in effect during the following program year.

(3) Modifications of CTR Program Goals.

(a) A major 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 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 elements contained in its approved CTR program.

(b) The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines.

(c) An employer may not request a modification of the applicable goals until one year after the city approval of its initial program description or annual report. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.230 Appeals.

(1) Appeals. Any major employer may appeal administrative decisions regarding exemptions, modification of goals or elements, or modification of the major employer’s plans using the procedures set forth in Chapter 22G.010 MMC, Article VIII, used for appeals of administrative determinations on interpretations of land use regulations.

(2) Notice of Violation and Assessment of Civil Penalties. Any person receiving a notice of violation and assessment of civil penalties for violation of this chapter may appeal the same in accordance with the provisions set forth in Chapter 4.02 MMC. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).

11.52.240 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2746 § 1, 2008; Ord. 2152 § 1, 1997).