Chapter 11.14
COMMUTE TRIP REDUCTION PLAN

Sections:

11.14.010    Definitions.

11.14.020    Lynnwood commute trip reduction (CTR) plan.

11.14.025    Responsible city department.

11.14.030    Commute trip reduction goals.

11.14.032    Commute trip reduction goals for major employers.

11.14.040    Applicability.

11.14.042    New major employers.

11.14.044    Change in status as a major employer.

11.14.050    Requirements for employers.

11.14.052    CTR program report and description requirements.

11.14.054    Mandatory program elements.

11.14.056    Additional program elements.

11.14.058    Biennial measure of employee commute behavior.

11.14.060    Recordkeeping.

11.14.070    CTR annual or biannual progress reports.

11.14.072    Document review.

11.14.074    Modification of CTR program elements.

11.14.076    Repealed.

11.14.077    Extensions.

11.14.078    Implementation of employer’s CTR program.

11.14.080    Repealed.

11.14.090    Enforcement.

11.14.095    Penalties.

11.14.097    Notice of violation and assessment of civil penalties.

11.14.100    Exemptions and goal modifications.

11.14.110    Modification of employer CTR program.

11.14.120    Appeals.

11.14.130    Severability.

11.14.010 Definitions.

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 workday at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays 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.

“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 workday between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (Also, see definition of “employer.”)

“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 programs such as compressed work weeks that eliminate work trips for affected employees.

“Base year” means the 12-month period which commences when a major employer is determined by the city to be participating in the CTR program. The city uses this 12-month period as the basis on which it develops commute trip reduction goals.

“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 meeting the requirements specified by the city.

“Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip resulting in the elimination of at least one motor vehicle commute trip.

“Commute trip” means a trip made from a worker’s home to a worksite (inclusive) on weekdays.

“Commute trip vehicle miles traveled (VMT) 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.

“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 workday 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.

“CTR” is the abbreviation of commute trip reduction.

“CTR plan” means the city’s plan and chapter to regulate and administer the CTR programs of affected employers within its jurisdiction.

“CTR program” means an employer’s strategies to reduce affected employees’ drive-alone and VMT per employee.

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

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

“Employee transportation coordinator” means the person designated responsible for developing, implementing and monitoring 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, private, for profit or nonprofit, that employs workers.

“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.

“Flex-time” means an employer policy that provides work schedules allowing individual employees some flexibility in choosing the start and end time, but not the number, of their working hours.

“Full-time employee” means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week.

“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 of Lynnwood 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.

“Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to its approved CTR program and schedule.

“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 workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12 continuous months.

“Major employer worksite” or “affected employer worksite” means the physical location occupied by a major employer as determined by the city.

“Major employment installation” means a military base or federal reservation, excluding tribal reservations, or other locations designated by the city, at which there are 100 or more affected employees.

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

“Notice” means written communications 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. (inclusive), 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. (inclusive), Monday through Friday except legal holidays.

“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 occupant vehicles divided by the number of potential trips taken by affected employees working during that period.

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

“Teleworking” or “telecommuting” means the use of telephones, computers, or 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.

“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.

“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 association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence extending beyond city limits.

“Vanpool” means a vehicle occupied by from five to 15 people traveling together for their commute trip resulting in the reduction of a minimum of one motor vehicle trip.

“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.

“Week” means a seven-day calendar period, starting 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. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 §§ 1,  2, 1999; Ord. 1930 § 1, 1993)

11.14.020 Lynnwood commute trip reduction (CTR) plan.

The City of Lynnwood 2017 Commute Trip Reduction Plan is incorporated herein by reference. Staff is directed to make corrections for typographical errors, include any graphic materials for information, and complete the CTR plan. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 2, 1993)

11.14.025 Responsible city department.

The development and business services director is hereby authorized and directed to enforce all provisions of this chapter. The director may prepare and require use of such forms and procedures as necessary for the administration of these regulations. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 3, 1993. Formerly 11.14.030)

11.14.030 Commute trip reduction goals.

A. The city of Lynnwood’s goals for reducing the proportion of drive-alone commute trips and vehicle miles traveled per employee by major employers in Lynnwood, major employment installations, and other areas designated by the city of Lynnwood are hereby established by the Lynnwood 2017 CTR plan incorporated by LMC 11.14.020. These goals establish the desired level of performance for the CTR program in its entirety in Lynnwood.

B. The city of Lynnwood will set individual worksite goals for major employers based on how the worksite can contribute to the city’s overall goals established in the CTR plan. The goals will appear as a component of the major employer’s approved implementation plan as outlined in LMC 11.14.050. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008)

11.14.032 Commute trip reduction goals for major employers.

A. The goals for major employers in Lynnwood are hereby established as set forth in the CTR plan incorporated by LMC 11.14.020.

B. If the goals for a major employer or newly affected employer are not listed in the CTR plan, they shall be established by the city at a level designed to achieve the city’s overall goals, and for other areas as designated by the city. The city shall provide written notification of the goals for each major employer worksite by providing the information when the city reviews the employer’s proposed program and incorporating the goals into the program approved by the city. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008)

11.14.040 Applicability.

The provisions of this chapter shall apply to any major employer at any single worksite within the corporate limits of the city of Lynnwood.

A. Notification of Applicability.

1. In addition to Lynnwood’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 major employers to comply with this chapter, and subsequent ordinance revisions shall be published at least once in Lynnwood’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter or revision;

2. Major employers located in the city are to receive written notification that they are subject to this chapter. Such notice shall be by certified mail, return receipt requested, addressed to the company’s chief executive officer, or senior official, or ETC at the worksite. Such notification shall provide 90 days for the major employer to perform a baseline measurement consistent with the requirements specified by this chapter;

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 ensure the employers have 90 days to develop and submit a CTR program;

4. Major 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 submit a CTR program within 180 days from passage of the ordinance, are in violation of this chapter;

5. If a major employer has already performed a baseline measurement, or alternative acceptable to the city, under previous versions of this chapter, the employer is not required to perform another baseline measurement. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 4, 1993)

11.14.042 New major employers.

A. 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 Lynnwood or growing in employment at a worksite to 100 or more affected employees. Employers that do not identify themselves within 90 days of becoming a major employer are in violation.

B. New major employers identified as such shall have 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 notice that they are subject to this chapter are in violation of this chapter.

C. Not more than 90 days after receiving written notification of the results of the baseline measurement, a newly major employer shall submit a CTR program to the city. The program shall be developed in consultation with the director to be consistent with the goals of the CTR plan adopted in LMC 11.14.020. The program shall be implemented not more than 90 days after approval by the city. Employers not implementing an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in LMC 11.14.095. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 3, 1999; Ord. 1930 § 5, 1993)

11.14.044 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:

A. If an employer, initially designated 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. The employer must notify the city in writing that it is no longer a major employer. The burden of proof lies with the employer.

B. 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 and will be subject to the same program requirements as other major employers. The employer shall notify the city in writing that it is a major employer.

C. 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, subject to the same program requirements as other new major employers. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 6, 1993)

11.14.050 Requirements for employers.

A major 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 increase non-drive-alone trips. The CTR program must include the mandatory elements described in LMC 11.14.054. The employer shall submit a description of its program to the city and provide an annual or biannual progress report to the city on employee commuting and progress toward meeting the CTR goals. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 4, 1999; Ord. 1930 § 7, 1993)

11.14.052 CTR program report and description requirements.

Major employers shall review their program files and file a regular progress report with the city in accordance with the format provided by the city.

A. The CTR program report and description outlines strategies to be undertaken by a major 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 associations in developing and implementing CTR programs.

B. 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, including unique conditions experienced by the employer or its employees;

2. The total number of employees at the site and the number of employees affected by the CTR program;

3. Documentation of compliance with the mandatory CTR program elements as described in LMC 11.14.054;

4. A description of additional elements included in the CTR program as described in LMC 11.14.056; and

5. A schedule of implementation, assignment of responsibilities, and a statement of organizational commitment to provide appropriate resources to meet CTR goals. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 5, 1999; Ord. 1930 § 8, 1993)

11.14.054 Mandatory program elements.

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

A. Employee Transportation Coordinator (ETC).

1. The employer shall designate an employee transportation coordinator to administer the employer’s CTR program. A major employer with multiple sites may have one ETC for all sites.

2. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city.

3. The ETC and/or designee’s name, location, and telephone number (and email address if available) shall be displayed prominently at each major worksite, and shall also be provided to the Lynnwood development and business services director. If the employer designates a new ETC, information about the new ETC shall be displayed and forwarded to the city within 30 days of the change.

4. Newly designated ETCs shall attend a training class organized by Community Transit within six months of being designated an ETC. All ETCs shall attend a training class or networking workshop organized by Community Transit at least once every 12 months.

5. ETCs will be required to attend at least six hours of networking or advanced training per year. Training and networking sessions may include marketing CTR programs to employees, trip planning, ridesharing, joint promotions and networking meetings. The objective is to have an effective transportation coordinator at each worksite.

B. Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least once a year and to new employees at time of hire. The summary of the employer’s CTR program shall also be submitted to the city with the employer’s program description and annual or biannual report.

C. Annual Worksite Promotion of Employer CTR Program. Major employers will hold at least one annual “transportation fair” or equivalent promotion which is available to all employees at each major worksite. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 6, 1999; Ord. 1930 § 9, 1993)

11.14.056 Additional program elements.

In addition to the specific program elements described above, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following:

A. Providing preferential parking or reduced parking charges, or both, for high-occupancy vehicles;

B. Instituting or increasing parking charges for drive-alone commuters, or providing rebates or other incentives for employees who do not use the parking facilities;

C. Providing commuter ride-matching services to facilitate employee ridesharing for commute trips;

D. Providing subsidies for transit or vanpool fares, and/or transit passes;

E. Providing vans or buses for employee ridesharing;

F. Providing subsidies or incentives for carpools, vanpools, walking, bicycling, teleworking, compressed work schedules or other non-drive-alone employees;

G. Permitting use of employer vehicles for carpooling or vanpooling;

H. Permitting flexible work schedules to facilitate employee use of transit, carpools, or vanpools;

I. Cooperating with transportation providers to provide additional regular or express service to the worksite;

J. Constructing special loading/unloading facilities for transit, carpool, and vanpool users;

K. Providing bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

L. Establishing a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;

M. Establishing a program of alternative work schedules, such as a compressed work week, which reduces commute trips;

N. Implementing other measures to facilitate the use of high-occupancy vehicles, such as on-site day-care facilities and guaranteed ride home services; and

O. Other measures the employer believes will reduce the number and length of commute trips. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 10, 1993)

11.14.058 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. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008)

11.14.060 Recordkeeping.

Major employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results and all supporting documents for the description 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. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 11, 1993)

11.14.070 CTR annual or biannual progress reports.

Upon review of an employer’s initial CTR program, the city shall establish the employer’s annual or biannual reporting date. Each year on or before the reporting date, the employer shall submit their annual or biannual CTR report. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 13, 1993. Formerly 11.14.072)

11.14.072 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 its CTR program or comment on the CTR program or annual or biannual report within 90 days of submission, the employer’s program or annual or biannual 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. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 14, 1993. Formerly 11.14.074)

11.14.074 Modification of CTR program elements.

Any major employer may submit a request to the city for modification of CTR program elements, other than the mandatory elements specified in this chapter. Such request may be granted by the city if one of the following conditions exists:

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

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

On granting such a request, the city may require the employer to substitute a program element of similar trip reduction potential. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 15, 1993. Formerly 11.14.075)

11.14.076 Modification of CTR program goals.

Repealed by Ord. 2273.

11.14.077 Extensions.

A. An affected major employer may request additional time to submit a CTR program description and report or CTR annual or biannual progress report, or to implement or modify a program. Such requests shall be made in writing not less than 30 days before the due date for which the extension is being requested. Requests must be made by certified letter, return receipt requested. Extensions may be granted for the following causes:

1. Insufficient staff to do the work;

2. Complexity of the program due to substantial workforce, multiple worksites or other factors;

3. Coordinating multiple employer participants on a single site has caused unanticipated delay;

4. Other reasonable cause as determined by the director.

B. The city shall grant or deny the employer’s extension request by certified letter, return receipt requested, 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 for 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 annual or biannual reporting date shall not be adjusted permanently as a result of an extension. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 17, 1993)

11.14.078 Implementation of employer’s CTR program.

Unless an extension is 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. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 18, 1993)

11.14.080 Credit for transportation demand management efforts.

Repealed by Ord. 2741. (Ord. 2273 § 8, 1999; Ord. 1930 § 19, 1993)

11.14.090 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 by the regular reporting date; and

3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey period.

B. Violations. The following constitute violations if the deadlines established in this chapter are not met:

1. Failure to self-identify as a major employer;

2. Failure to perform a baseline measurement, including:

a. Employers notified or that have identified themselves to the city as major employers within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with city requirements within 90 days from the notification or self-identification;

b. Employers not identified or self-identified within 90 days of the ordinance being adopted and that do not submit or perform a baseline measurement consistent with city requirements within 90 days from the adoption of the ordinance;

3. Failure to develop and/or submit on time a complete CTR program;

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 and this chapter; or

7. Failure to revise a CTR program as defined in RCW 70.94.534 and this chapter. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 9, 1999; Ord. 1930 § 20, 1993)

11.14.095 Penalties.

The following penalties apply:

A. Each day of failure to implement the CTR program shall constitute a separate violation. Any violation of this chapter shall be fined $250.00.

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

1. 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

2. 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).

C. No major employer with an approved CTR program may be held liable for failure to reach the applicable goals. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 10, 1999; Ord. 1930 § 21, 1993)

11.14.097 Notice of violation and assessment of civil penalties.

The city may issue a notice of violation and assessment of civil penalties for any violation of this chapter in accordance with the provisions set forth in LMC 2.22.210 through 2.22.240. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 22, 1993)

11.14.100 Exemptions and goal modifications.

A. Worksite Exemptions. A major employer may submit a request to the city to grant an exemption from all CTR program requirements or penalties for a particular worksite.

1. 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).

2. 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 meet worksite goals.

3. 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.

4. 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 program year.

B. Employee Exemptions.

1. Specific employees or groups of employees who are required to drive to work alone as a condition of employment may be exempt from a worksite’s CTR program.

2. 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.

3. The city will use the criteria identified in the CTR board administrative guidelines to assess the validity of employee exemption requests.

4. 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. Modification of CTR Program Goals.

1. A major employer may request that the city modify its CTR program goals.

a. 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.

b. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal.

c. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program.

2. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable goals until one year after the city approved its initial program description or annual report. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 11, 1999; Ord. 1930 § 23, 1993)

11.14.110 Modification of employer CTR program.

The following criteria for achieving CTR goals shall be applied in determining requirements for employer CTR program modifications:

A. If a major employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.

B. If a major employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met and is not likely to meet CTR goals, the city shall work collaboratively with the employer who shall submit a revised CTR program description to the city for approval within 30 days of reaching an agreement.

C. 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 CTR goals, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications.

1. 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 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.

2. 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 of the required program will be issued in writing by the city within 10 working days of the conference. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 12, 1999; Ord. 1930 § 24, 1993)

11.14.120 Appeals.

A. Administrative Determinations. Any major employer may appeal administrative decisions regarding exemptions, modification of goals or elements or modification of the employer’s plans using the procedures set forth in LMC 1.35.600 used for appeals of administrative determinations on interpretations of land use regulations.

B. 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 1.40 LMC. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 25, 1993)

11.14.130 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. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 1930 § 26, 1993)