Chapter 11.30
COMMUTE TRIP REDUCTION*
Sections:
11.30.015 City of SeaTac CTR plan.
11.30.020 Commute trip reduction goals.
11.30.030 Implementation responsibility.
11.30.070 Schedule and process for CTR program description and report.
11.30.090 Exemptions and goal modifications.
* See RCW 70.94.521 – 70.94.551 for State statutes requiring cities to develop and implement a program and plan to reduce single-occupant vehicle commute trips and vehicle miles traveled for the City and affected employers.
Prior legislation: Ord. 95-1010.
11.30.010 Definitions.
The following definitions shall apply to this chapter:
“Affected employee” means a full-time employee who begins his or her regular workday at a single work site covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.
“Affected employer” means an employer that employs one hundred (100) or more full-time employees at a single work site 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 (2) or more weekdays for at least twelve (12) continuous months. Construction work sites, when the expected duration of the construction is less than two (2) years, are excluded from this definition.
“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 week schedules if they result in reducing commute trips.
“Alternative work schedules” means programs such as compressed work week schedules that eliminate work trips for affected employees.
“Base year” means the twelve (12) month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City of SeaTac uses this twelve (12) month period as the basis upon 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 work site to determine the non-drive-alone rate and vehicle miles traveled per employee at the work site. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the City of SeaTac.
“Carpool” means a motor vehicle, including a motorcycle, occupied by two (2) to six (6) people of at least sixteen (16) years of age traveling together for their commute trip, resulting in the reduction of a minimum of one (1) motor vehicle commute trip.
“Commute trip vehicle miles traveled per employee” means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
“Commute trips” means trips made from a worker’s home to a work site (inclusive) on weekdays.
“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 (1) workday every two (2) 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 (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements.
“CTR” is the abbreviation of commute trip reduction.
“CTR program” means an employer’s strategies to increase employees’ non-drive-alone commutes and reduce average VMT per employee.
“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 any or all CTR program requirements granted to an employer by the City of SeaTac based on unique conditions that apply to the employer or employment site.
“Flex-time” is an employer policy that provides work schedules allowing individual employees 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 fifty-two (52) weeks for an average of at least thirty-five (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 SeaTac 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.
A “major employer” means a private or public employer, including State agencies, that employs one hundred (100) or more full-time employees at a single work site who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve (12) continuous months.
“Major employer work site,” “affected employer work site” or “work site” means the physical location occupied by a major employer, as determined by the City of SeaTac.
“Major employment installation” means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City of SeaTac, at which there are one hundred (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.
“Non-drive-alone travel (NDAT)” means travel by a method other than single-occupant vehicle. Travel avoided by telework, alternative work schedules, or condensed work weeks shall also be considered as non-drive-alone travel.
“Notice” means written communication delivered via the United States Postal Service, with receipt deemed accepted three (3) 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 commute trip that delivers the employee to his/her work site to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
“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 other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.
“Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger 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 that extends beyond City limits.
“Vanpool” means a vehicle occupied by five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one (1) motor vehicle trip.
“Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths, in miles, made by employees over a set period, divided by the number of employees during that period.
“Week” means a seven (7) day calendar period starting on Monday and continuing through Sunday.
“Weekday” means any day of the week except Saturday or Sunday. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1)
11.30.015 City of SeaTac CTR plan.
The goals established for the City and affected employers in the City are set forth in the City of SeaTac’s commute trip reduction plan, as adopted by the SeaTac City Council. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.040)
11.30.020 Commute trip reduction goals.
A. The City of SeaTac’s goals for increasing the proportions of non-drive-alone trips and reducing vehicle miles traveled per employee by affected employers in the City’s jurisdiction are hereby established as referenced in the City of SeaTac’s CTR plan update. These goals establish the desired level of performance for the CTR program in its entirety in City of SeaTac. The City of SeaTac will set the individual work site goals for affected employers based on how the work site can contribute to City of SeaTac’s overall goal established in the CTR plan.
B. Commute Trip Reduction Goals for Affected Employers.
1. The NDAT and VMT goals for affected employers in the City of SeaTac are hereby established as set forth in the City’s CTR plan update.
2. If the goals for an affected employer or newly affected employer are not listed in the CTR plan update, they shall be established by the City of SeaTac at a level designed to achieve the City of SeaTac’s overall goals for the jurisdiction and other areas as designated by the City of SeaTac. The City of SeaTac shall provide written notification of the goals for each affected employer work site by providing the information when the City of SeaTac reviews the employer’s proposed program and incorporating the goals into the program approval issued by the City of SeaTac. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1)
11.30.030 Implementation responsibility.
The City Manager or designee shall be responsible for implementing this chapter, the CTR plan update, and the City of SeaTac CTR program together with any authority necessary to carry out such responsibilities such as rule-making or certain administrative decisions. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 95-1012 § 1; Ord. 93-1002 § 1. Formerly 11.30.050)
11.30.040 Applicability.
A. The provisions of this chapter shall apply to any affected employer within the geographic limits of the City of SeaTac’s CTR plan.
B. Notification of Applicability. In addition to the City of SeaTac’s established public notification for adoption of an ordinance, a notice of availability of a summary of an ordinance, a notice of the requirements and criteria for affected employers to comply with this chapter and subsequent revisions shall be published at least once in the City of SeaTac’s official newspaper not more than thirty (30) days after adoption of this chapter.
Affected employers located in the City of SeaTac are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or employee transportation coordinator at the work site. Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City of SeaTac.
Affected employers that, for whatever reason, do not receive notice within thirty (30) days of adoption of this chapter and are either notified or identify themselves to the City of SeaTac within ninety (90) days of the adoption of this chapter will be granted an extension to assure up to ninety (90) days within which to perform a baseline measurement consistent with the measurement requirements specified by the City of SeaTac.
Affected employers that have not been identified or do not identify themselves within ninety (90) days of the adoption of this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the City of SeaTac within ninety (90) days from the passage of this chapter are in violation of this chapter.
If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City of SeaTac, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.
C. Newly Affected Employers. Employers meeting the definition of “affected employer” in this chapter must identify themselves to the City of SeaTac within ninety (90) days of either moving into the boundaries of the City of SeaTac or increasing in employees at a work site. Employers who do not identify themselves within ninety (90) days are in violation of this chapter.
Newly affected employers identified as such shall be given ninety (90) days to perform a baseline measurement consistent with the measurement requirements specified by the City of SeaTac. Employers who do not perform a baseline measurement within ninety (90) days of receiving written notification that they are subject to this chapter are in violation of this chapter.
Not more than ninety (90) days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the City of SeaTac. The program will be developed in consultation with City of SeaTac staff to be consistent with the goals of the CTR plan update adopted. The program shall be implemented not more than ninety (90) days after approval by the City of SeaTac. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter.
Newly affected employers will be given ninety (90) days to designate an employee transportation coordinator (ETC) to work closely with City of SeaTac staff to develop, implement, and monitor strategies and processes to meet defined CTR goals for their job site. If for any reason the ETC is displaced from their position, a new ETC must be designated by the employer within ninety (90) days. Employers who fail to designate an ETC within ninety (90) days of being identified as an affected employer are in violation of this chapter.
D. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:
1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City of SeaTac that it is no longer an affected employer. The burden of proof lies with the employer.
2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months and will be subject to the same program requirements as other affected employers.
3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers.
E. Requirements for Employers – RCW 70.94.531. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and increase non-drive-alone commute trips. The CTR program must include the mandatory elements as outlined in SMC 11.30.050. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.060)
11.30.050 Program elements.
A. Mandatory 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 (ETC) to administer the CTR program. The ETC and/or designee’s name, location, and telephone number must be prominently displayed physically or electronically at each affected work site. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the City of SeaTac. The objective is to have an effective transportation coordinator presence at each work site; an affected employer with multiple sites may have one (1) ETC for all sites. The ETC must complete the basic ETC training provided by King County within six (6) months of being designated as ETC.
2. Information Distribution. Information about alternatives to drive-alone commuting as well as a summary of the employer’s CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer’s CTR program shall also be submitted to the City of SeaTac with the employer’s program description and regular report.
B. Additional Program Elements. In addition to the specific program elements described in subsection (A) of this section, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one (1) or more of the following:
1. Provision of preferential parking for high-occupancy vehicles;
2. Reduced parking charges for high-occupancy vehicles;
3. Instituting or increasing parking charges for drive-alone commuters;
4. Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;
5. Provision of subsidies for rail, transit, or vanpool fares and/or transit passes;
6. Provision of vans or buses for employee ridesharing;
7. Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;
8. Provision of incentives for employees that do not drive alone to work;
9. Permitting the use of the employer’s vehicles for carpooling or vanpooling;
10. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
11. Cooperation with transportation providers to provide additional regular or express service to the work site;
12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
15. Establishment of a program to permit employees to work part- or full-time at home or at an alternative work site closer to their homes which reduces commute trips;
16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips;
17. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs;
18. Charging employees for parking, and/or the elimination of free parking; and
19. Other measures that the employer believes will reduce the number and length of commute trips made to the site.
C. CTR Program Report and Description.
1. Affected employers shall review their program and file a regular progress report with the City of SeaTac in accordance with the format provided by the City.
2. The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other to implement program elements.
3. At a minimum, the employer’s CTR program report and description must include:
a. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;
b. The number of employees affected by the CTR program and the total number of employees at the site;
c. Documentation on compliance with the mandatory CTR program elements;
d. Description of any additional elements included in the employer’s CTR program; and
e. A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.
D. Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining work site 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 (2) years, and achieve at least a fifty percent (50%) response rate from employees at the work site. Work sites not achieving a minimum survey response rate of fifty percent (50%) will be required to re-survey within the same two (2) year survey cycle period, and achieve a minimum fifty percent (50%) response rate the second time. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.070)
11.30.060 Record keeping.
Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City of SeaTac for a minimum of forty-eight (48) months. The City of SeaTac and the employer shall agree on the record keeping requirements as part of the accepted CTR program. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 95-1012 § 1; Ord. 93-1002 § 1. Formerly 11.30.080)
11.30.070 Schedule and process for CTR program description and report.
A. Document Review. The City of SeaTac shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within ninety (90) days of submission, the employer’s program or annual report is deemed accepted. The City of SeaTac may extend the review period up to ninety (90) days. The implementation date for the employer’s CTR program will be extended an equivalent number of days.
B. Schedule. Upon review of an employer’s initial CTR program, the City of SeaTac shall establish the employer’s regular reporting date.
C. Modification of CTR Program Elements. Any affected employer may submit a request to the City of SeaTac for modification of CTR requirements. Such request may be granted if one (1) of the following conditions exists:
1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or
2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship.
The City of SeaTac may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request.
D. Extensions. An employer may request additional time to submit a CTR program description and report, or to implement or modify a program. Such requests shall be via written notice at least thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days shall be considered for reasonable causes. The City of SeaTac shall grant or deny the employer’s extension request by written notice within ten (10) working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for thirty (30) days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s regular reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the City of SeaTac.
E. Implementation of Employer’s CTR Program. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than ninety (90) days after receiving written notice from the City of SeaTac that the program has been approved or with the expiration of the program review period without receiving notice from the City. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.090)
11.30.080 Enforcement.
A. Compliance. For purposes of this section, “compliance” shall mean:
1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;
2. Providing a complete CTR program description and report on the regular reporting date; and
3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey period, and achieving at least a fifty percent (50%) response rate.
B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications:
1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program;
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met the applicable drive-alone or VMT goal, no additional modifications are required;
3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable NDAT or VMT goals, the City of SeaTac shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within thirty (30) days of receiving written notice to revise its program. The City of SeaTac 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 of SeaTac will send written notice to that effect to the employer within thirty (30) days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the City of SeaTac within ten (10) working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this chapter are not met:
1. Failure to self-identify as an affected employer;
2. Failure to perform a baseline measurement, including:
a. Employers notified or that have identified themselves to the City of SeaTac within ninety (90) days of the adoption of this chapter and that do not perform a baseline measurement consistent with the requirements specified by the City of SeaTac within ninety (90) days from the notification or self-identification;
b. Employers not identified or self-identified within ninety (90) days of the adoption of this chapter and that do not perform a baseline measurement consistent with the requirements specified by the City of SeaTac within ninety (90) days from the adoption of this chapter;
3. Failure to develop and/or submit on time a complete CTR program;
4. Failure to designate an ETC within ninety (90) days from notification or self-identification; in addition, failure to send ETC to ETC training within six (6) months of hire or designation as an ETC;
5. 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 non-drive-alone goals as specified in this chapter;
6. Submission of false or fraudulent data in response to survey requirements;
7. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter;
8. Failure to achieve at least a fifty percent (50%) CTR survey response rate during two (2) year survey cycle period; or
9. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
D. Penalties.
1. Violation of this chapter shall constitute a civil infraction subject to a penalty of two hundred fifty dollars ($250.00).
2. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive-alone or VMT goal.
3. Each day of failure to implement the program is a continuing offense and shall constitute a separate violation.
4. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:
a. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of SeaTac and advise the union that the proposal being made is necessary for compliance with State law (RCW 70.94.531). (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.140)
11.30.090 Exemptions and goal modifications.
A. Work Site Exemptions. An affected employer may request the City of SeaTac to grant an exemption from all CTR program requirements or penalties for a particular work site. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could increase the proportion of non-drive-alone trips and reduce VMT per employee. Exemptions may be granted by the City of SeaTac at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City of SeaTac shall grant or deny the request within thirty (30) days of receipt of the request. The City of SeaTac shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year.
B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a work site’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 of SeaTac will use the criteria identified in the CTR board administrative guidelines to assess the validity of employee exemption requests. The City of SeaTac shall grant or deny the request within thirty (30) days of receipt of the request. The City of SeaTac 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. An affected employer may request that the City of SeaTac modify its CTR program goals. Such requests shall be filed in writing at least sixty (60) days prior to the date the work site is required to submit its program description or annual report. The goal modification request must clearly explain why the work site is unable to achieve the applicable goal. The work site must also demonstrate that it has implemented all of the elements contained in its approved CTR program.
2. The City of SeaTac will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines.
3. An employer may not request a modification of the applicable goals until one (1) year after the City of SeaTac’s approval of its initial program description or annual report. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.100)
11.30.100 Appeals.
A. Employers may file a written appeal of the City’s final decisions regarding the following actions:
1. Rejection of an employer’s proposed program.
2. Denial of an employer’s request for a waiver or modification of any of the requirements under this chapter or a modification of the employer’s program.
B. Such appeals must be filed with the City within fifteen (15) days after the City sends a notice of final decision to the employer.
C. Timely appeals shall be heard by the City’s Hearing Examiner. Determinations on appeals shall be based on whether the decision being appealed was consistent with the State law. (Ord. 15-1003 § 2 (part): Ord. 08-1021 § 2 (part): Ord. 98-1007 § 2; Ord. 93-1002 § 1. Formerly 11.30.130)