Chapter 11.52
COMMUTE TRIP REDUCTION (CTR) PLAN
Sections:
11.52.070 Applicability – Timeline for compliance.
11.52.080 Requirements for employers.
11.52.100 Schedule and process for CTR reports.
11.52.120 Exemptions and target modifications.
11.52.010 Title.
The ordinance codified in this chapter shall be known as the “commute trip reduction ordinance” of the city of Marysville. (Ord. 3047 § 1, 2017).
11.52.020 Jurisdiction.
The requirements set forth in this chapter shall apply to all major employers at any single worksite within the city limits of the city of Marysville. (Ord. 3047 § 1, 2017).
11.52.030 Purpose and intent.
The purpose of this chapter is to comply with statewide Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended. The chapter is intended to reduce the overall number of commute trips by reducing single-occupancy vehicle trips and increasing the use of alternative modes of transportation or alternative work schedules.
The commute trip reduction ordinance will not be used as a substitute for reviews of projects under other city requirements or for compliance with the State Environmental Policy Act. (Ord. 3047 § 1, 2017).
11.52.040 Administration.
The chief administrative officer or designee is responsible for administering the provisions of this chapter and has the authority to promulgate rules and regulations to implement and administer this chapter, the city’s CTR plan, and the city’s CTR program. (Ord. 3047 § 1, 2017).
11.52.050 Definitions.
“Affected employee” means a full-time employee who begins their 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. For the purpose of defining “affected employees,” the following apply:
(1) A full-time employee is 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 on two or more weekdays per week.
(2) The employee will only be counted at his or her primary worksite.
(3) Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.
“Alternative mode of transportation” means any means of commute transportation other than commuting in a single-occupant vehicle, including rideshares (carpool or vanpool), use of transit, bicycling, or walking.
“Alternative work schedules” means work schedules which allow employees to work their required hours outside of the traditional Monday through Friday, 8:00 a.m. to 5:00 p.m. schedule, thereby allowing for a reduction of single-occupant vehicle commute trips. Examples include compressed work weeks, flex-time, and teleworking.
“Baseline data collection” means the collection of employee trip data at a major worksite to determine the non-drive-alone trips per employee at the worksite. The city uses these measurements to develop commute trip reduction targets for the major employer. The baseline measurements must be implemented in a manner that meets the requirements and timeframe specified by the city.
“Carpool” means a motor vehicle occupied by at least two people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
“City” means the city of Marysville.
“Commute trip” means trips made from a worker’s home to a worksite during the peak time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
“Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together, such as
RideshareOnline.com.
“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.
“CTR law” means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and codified in RCW 70.94.521 through 70.94.551 requiring each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the 100 person hours of delay threshold calculated by the Department of Transportation, as well as those counties and cities located in any contiguous urban growth areas. Counties and cities within the designation above shall adopt a commute trip reduction plan and ordinance for major employers within their jurisdictional boundaries.
“CTR plan” means the city’s plan and ordinance to regulate and administer the CTR programs of major employers within the city.
“CTR program” means an employer’s strategies to increase affected employees’ non-single-occupancy vehicle trips.
“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.
“ETC” means employer transportation coordinator as required pursuant to RCW 70.94.531(3).
“Goals” means the established criteria for measuring effectiveness of employer programs as outlined in the city of Marysville CTR plan.
“Good faith effort” shall have the meaning provided in RCW 70.94.534(2), as now enacted or subsequently amended.
“Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555, this chapter, and the CTR plan as evidenced by appointment of an ETC, distribution of information to employees regarding alternatives for non-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 affected employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least 12 continuous months.
“Major worksite” or “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 affected employees.
“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.
“Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for a commute trip, including a motorcycle. If there are other passengers occupying the motor vehicles, but the ages of these passengers are under 16, the motor vehicle is still considered a single-occupant vehicle for measurement purposes.
“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, such as increase in non-drive-alone trips.
“Teleworking” means the use of telephones, computers, or other similar technology to permit an employee to work anywhere at any time, 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.
“Vanpool” means a vehicle occupied by from five to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.
“Voluntary 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 written signed and dated documents delivered via the United States Postal Service. (Ord. 3047 § 1, 2017).
11.52.060 City’s CTR plan.
The city’s CTR plan, as approved in 2016 and adopted in 2017 and as set forth in the ordinance codified in this chapter as Exhibit B, is adopted wholly and incorporated herein by reference. (Ord. 3047 § 1, 2017).
11.52.070 Applicability – Timeline for compliance.
The provisions of this chapter shall apply to any “major employer” or voluntary worksite within the city limits of the city of Marysville.
(1) In addition to the city’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 said ordinance, and subsequent revisions shall be published at least once in city official newspaper not more than 30 days after passage of said ordinance or revisions.
(2) Major employers with a major worksite located in the city are to receive written notification that they are subject to this chapter within 30 days. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. The major employer shall perform baseline data collection within 90 days of notification. After the results of the baseline data are provided to the major employer, the major employer shall submit a CTR program to the city within 90 days.
(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 said ordinance shall perform baseline data collection within 90 days of notification or the major employer shall submit a CTR program within 90 days of receipt of the baseline data results.
(4) New Major Employers. Employers that meet the definition of “major employer” in this chapter must identify themselves to the city within 90 days of either moving into a worksite within the city limits of the city of Marysville or growing in employment at a worksite to 100 or more affected employees. Such employers shall complete baseline data collection within 90 days of identification as a major employer and shall submit a CTR program within 90 days of the baseline data results. The CTR program will be developed in consultation with the city and implemented not more than 90 days after the program’s approval. Major employers who do not implement an approved CTR program according to this section are in violation of this chapter.
(5) 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 as a major employer no longer employs 100 or more affected employees and does not expect 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 city that it is no longer a major 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.
(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 a “voluntary” 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. 3047 § 1, 2017).
11.52.080 Requirements for employers.
A major employer is required to make a good faith effort to develop and implement a CTR program that will encourage its employees to increase in non-single-vehicle commute trips. The employer shall submit a description of its program to the city and provide quarterly progress reports to the city on employee commuting and progress toward meeting the goals and targets. The CTR program must include the mandatory elements as described below.
(1) CTR Program Description Requirements. The CTR program description presents the strategies to be undertaken by an employer to achieve the program goals and targets stated in the city’s CTR plan. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs.
At a minimum, the employer’s description must include: (a) general description of the employment worksite 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; (c) documentation of compliance with the mandatory CTR program elements (as described in subsection (2) of this section); (d) description of the additional elements included in the CTR program (as described in subsection (2) of this section); and (e) schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources.
(2) Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:
(a) Employee Transportation Coordinator. The employer shall designate an ETC to administer the CTR program. The ETC and/or designee’s name, location, and contact information must be displayed prominently at each major worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and city. The objective is to have an effective transportation coordinator presence at each worksite; a major employer with multiple sites may have one ETC for all sites.
(b) Information Distribution. Information about alternative modes of transportation, other than commute trips in single-occupant vehicles, shall be provided to employees at least twice a year. One of the items distributed must be a description of the employer’s worksite program. The employer’s program description and quarterly report must identify the information to be distributed and the method of distribution.
(c) Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting and progress and good faith efforts toward meeting the goals and targets as outlined in the CTR plan. Major employers shall file a quarterly progress report with the city in accordance with the format established by this chapter and consistent with the CTR board guidelines*. The report shall describe each of the CTR measures that were in effect for the previous quarter, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the worksite’s CTR targets. The format of the report shall be provided by the city. The employer should contact the city for the format of the report. *CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm
(d) Trip Data Measurement. Employers shall conduct a quarterly program data evaluation as a means of determining worksite progress toward meeting CTR targets.
(e) 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.
(f) ETC Training. ETCs will be required to attend an ETC basic training session within six months of appointment.
(g) Employer Notification. Employers will be required to notify the city or designee when there are proposed changes to their CTR program, changes in ETC or contact information, and/or changes in number of employees at the worksite.
(h) ETC Networking/Advanced Training. 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.
(i) 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 and targets. Elements may include, but are not limited to, one or more of the following:
(i) Provision of preferential parking or reduced parking charges, or both, for rideshare vehicles (carpool or vanpool);
(ii) Instituting or increasing parking charges for single-occupant vehicles;
(iii) Provision of commuter matching services to facilitate employee ride-sharing for commute trips;
(iv) Provision of subsidies for transit fares;
(v) Provision of vans for vanpools;
(vi) Provision of subsidies for carpools or vanpools;
(vii) Permitting the use of the employer’s vehicles for carpooling or vanpooling;
(viii) Permitting alternative work schedules to facilitate employees’ use of transit, carpools, or vanpools;
(ix) Cooperation with transportation providers to provide additional regular or express service to the worksite;
(x) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
(xi) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
(xii) Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;
(xiii) Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting; and
(xiv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site daycare facilities and emergency taxi services. (Ord. 3047 § 1, 2017).
11.52.090 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. 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. 3047 § 1, 2017).
11.52.100 Schedule and process for CTR reports.
(1) CTR Program. Not more than 90 days after the adoption of the ordinance codified in this chapter, or within 90 days after an employer qualifies under the provisions of this chapter as a major employer, the employer will be given 90 days to complete baseline data collection, and an additional 90 days to submit a CTR program once the baseline data results are given to the employer. The CTR program will be developed in consultation with the city and implemented not more than 90 days after the program’s approval by the city. Employers who do not implement an approved CTR program according to this section are in violation of this chapter.
(2) Document Review. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. The employer shall have 30 days to resubmit a modified program. If the employer receives no written notification of extension of the review period of its CTR program or comments on the CTR program or quarterly report within 90 days of submission, the employer’s program or quarterly 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.
(3) CTR Quarterly Progress Reports. Upon approval of an employer’s initial CTR program, the employer shall submit quarterly reports on the dates requested from the city, no less than 90 days after program approval.
(4) Modification of CTR Program Elements. Any major employer may submit a request to the city to modify a CTR program element, other than the mandatory elements specified in this chapter, including record keeping requirements. Such requests may be granted if one of the following conditions exist:
(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.
(5) Extensions. An employer may request additional time to submit a CTR program or CTR report, or to implement or modify a program. Such requests shall be via written notice at least 10 working days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. 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. Extensions shall not exempt an employer from any responsibility in meeting program goals and targets. 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 reporting date shall not be adjusted permanently as a result of these extensions. An employer’s reporting date may be extended at the discretion of the city.
(6) Implementation of Employer’s CTR Program. The employer shall implement its approved CTR program not more than 90 days after the program was first submitted to the city. Implementation of the approved program modifications shall begin within 30 days of the final decision or 90 days from submission of the CTR program or CTR quarterly report, whichever is greater. (Ord. 3047 § 1, 2017).
11.52.110 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 targets for non-drive-alone trips per employee shall be applied to determine requirements for employer CTR program modifications:
(a) If an employer makes a good faith effort and meets either or both targets, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.
(b) If an employer makes a good faith effort but has not met or is not likely to meet the applicable targets, 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 and fails to meet the applicable targets, 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, 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 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.
(3) Violations. The following constitute violations if the deadlines established in this chapter are not met:
(a) Failure to self-identify as a major employer within the time frames indicated in MMC 11.52.070, Applicability – Timeline for compliance;
(b) Failure to perform a baseline data collection including:
(i) Employers notified or that have identified themselves to the city within 90 days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within 90 days from the notification or self-identification;
(ii) Employers not identified or self-identified within 90 days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within 90 days from the adoption of the ordinance codified in this chapter;
(iii) A new major employer that does not perform baseline data collection consistent with the requirements specified by the city within 90 days of identification as a major employer;
(c) 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 the goals and targets as specified in this chapter;
(d) Submission of false or fraudulent data in response to data collection requirements;
(e) Failure to make a good faith effort; or
(f) Failure to revise a CTR program as defined in RCW 70.94.534(4).
(4) Penalties.
(a) No major employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable goals and targets;
(b) Each day that a major employer fails to implement the program shall constitute a separate Class 1 civil infraction as described in Chapter 7.80 RCW. The penalties and assessments for a Class 1 civil infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120, as now enacted or subsequently amended.
(c) 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:
(i) Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and
(ii) Advise the union of the existence of the statute and the mandates of the CTR program approved by city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 3047 § 1, 2017).
11.52.120 Exemptions and target modifications.
(1) Worksite Exemptions. A major employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its locations. 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 of the approved CTR plan. 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 will be in effect during the following program year. *CTR Guidelines can be found at
www.wsdot.wa.gov/transit/CTR/law.htm
(3) Modification of CTR Program Targets. A major employer may request that the city modify its CTR program targets. Such requests shall be filed in writing prior to the date the worksite is required to submit its program description or quarterly report. The target modification request must clearly explain why the worksite is unable to achieve the applicable target. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program.
The city will review and grant or deny requests for target modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable targets until one year after the city approval of its initial program description or report. (Ord. 3047 § 1, 2017).
11.52.130 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. 3047 § 1, 2017).
11.52.140 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. 3047 § 1, 2017).