Chapter 12.22
COMMUTE TRIP REDUCTION
Sections:
12.22.020 Commute trip reduction goals.
12.22.030 Designation of CTR zones and base year values.
12.22.060 Determination of affected employer status.
12.22.070 CTR program requirements and reporting.
12.22.080 Program review, approval and implementation.
12.22.090 Exemptions and modifications.
12.22.100 Credit for prior employer programs.
12.22.110 Employer peer review group.
12.22.010 Definitions.
For the purpose of interpretation and enforcement of this chapter, the following definitions shall apply.
1. “Affected employee” means a full-time employee who is scheduled to begin his or her regular workday at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this chapter, principals and associates in a corporation, partners (general or limited) in a partnership, and participants in a joint venture shall be considered employees.
2. “Affected employer” means an employer that, for 12 continuous months, 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. (inclusive) on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. The term may also include an employer that employs fewer than 100 but more than 25 full-time employees that desires to voluntarily implement commute trip reduction measures, subject to the availability of sufficient funds being provided in the city’s annual budget to permit such participation or subject to the employer’s agreement to pay city costs of program administration.
3. “Alternative mode” means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reduced commute trips.
4. “Alternative work schedules” means programs such as compressed work weeks, flex-time, and working on Saturday and/or Sunday that eliminate employee commute trips between 6:00 a.m. and 9:00 a.m. for affected employees.
5. “Base year” means the period on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.
6. “Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
7. “City” means the city of Snoqualmie, a municipal corporation established under the laws of the state of Washington.
8. “Commute trips” means trips made from a worker’s home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
9. “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together.
10. “Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.
11. “CTR plan” means the city of Snoqualmie’s plan as set forth in this chapter to regulate and administer the commute trip reduction (CTR) programs of affected employers within its jurisdiction.
12. “CTR program” means an employer’s strategies to reduce affected employees’ SOV use and VMT per employee.
13. “CTR task force guidelines” means that certain document published by the Commute Trip Reduction Office of the Washington State Department of Transportation and revised in 1997, a copy of which is on file with the city.
14. “CTR zone” means an area, such as a census tract or combination of census tracts, within King County characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
15. “Custom bus/bus pool” means a commuter bus service arranged specifically to transport employees to work.
16. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.
17. “Employee” means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.
18. “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.
19. “Exemption” means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.
20. “Flex-time” means an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.
21. “Full-time employee” means a person other than an independent contractor scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
22. “Good faith effort” means an employer has met the minimum requirements identified in RCW 70.94.531 and in this chapter and who is working collaboratively with the city of Snoqualmie 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.
23. “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and the provisions of this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to their approved CTR program and schedule.
24. “Mode” means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work week and telework.
25. “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.
26. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
27. “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.
28. “Proportion of single-occupant vehicle trips” or “SOV rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.
29. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
30. “Single-occupant vehicle (SOV) trips” means trips made by affected employees in SOVs.
31. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.
32. “Telework” 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.
33. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. A transit trip counts as zero vehicle trips.
34. “Transportation demand management (TDM)” means the method of creating strategies and programs to reduce and reshape demand on the transportation system.
35. “Transportation management organization (TMO)” means a group of employers or association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits.
36. “Vanpool” means a vehicle occupied by from seven to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. A vanpool trip counts as zero vehicle trips.
37. “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.
38. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.
39. “Weekday” means any day of the week except Saturday or Sunday.
40. “Writing, written or in writing” means original signed and dated documents. Facsimile transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. 940 § 1, 2003; Ord. 902 § 1, 2002).
12.22.020 Commute trip reduction goals.
Employers affected by the provisions of this chapter are to achieve the following reductions from the “base year values” in vehicle miles traveled per employee as well as in the proportion of SOV rate as determined by the 1992 base year values for Rural King County CTR Zone or through a base year survey conducted at the worksite.
A. Fifteen percent after two years;
B. Twenty percent after four years;
C. Twenty-five percent after six years;
D. Thirty-five percent after 12 years. (Ord. 902 § 1, 2002).
12.22.030 Designation of CTR zones and base year values.
All employers in the city of Snoqualmie are located in the commute trip reduction zone known as the “Rural King County Zone” as shown in Attachment A, attached to the ordinance codified in this chapter, and on file in the office of the city clerk. The base year value of this zone for proportion of SOV trips shall be 90 percent. The base year value for vehicle miles traveled per employee shall be set at nine miles. The base year values shall be reduced by the amounts and dates specified in the commute trip reduction goals listed in SMC 12.22.020 for all affected employers within this zone. (Ord. 902 § 1, 2002).
12.22.040 Authority.
The director of planning or his or her designee shall be responsible for implementing this chapter, the CTR plan, and the city’s CTR program, and shall have the authority to issue such rules, regulations and administrative procedures as are necessary to implement the provisions of this chapter. (Ord. 902 § 1, 2002).
12.22.050 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city of Snoqualmie. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees:
A. Seasonal agricultural employees, including seasonal employees of processors of agricultural products; and
B. Employees of construction worksites when the expected duration of the construction is less than two years. (Ord. 902 § 1, 2002).
12.22.060 Determination of affected employer status.
A. Initial employer notifications shall be given as follows:
1. In addition to the normal public notification for adoption of an ordinance, a notice of availability of a copy of this chapter, and of the requirements and criteria for affected employers to comply with the provisions of this chapter, shall be published at least once in the city’s legal newspaper within 30 days after passage of this chapter.
2. Known affected employers will receive formal written notification by certified mail that they are subject to the provisions of this chapter within 30 days after its adoption.
3. Those affected employers who do not receive notice as prescribed in subsection (A)(2) of this section must identify themselves to the city within 180 days of the adoption of the ordinance codified in this chapter. Once they identify themselves, such employers will be granted 150 days to develop and submit a CTR program.
B. Employers who are identified as affected for the purpose of implementing the provisions of this chapter through the notification process described in subsection A of this section will be presumed to be affected throughout the current reporting year. If, at the time that an affected employer renews its business license with the city of Snoqualmie for any calendar year, the employer is considered to be affected per the definitions of this chapter, they shall be considered affected for the entire year for which they are applying for a business license. If, at the time that an employer applies for a business license they are not considered an affected employer, then they shall retain such status until such time as they once again become affected due to changes in their work force. Any new businesses entering the city shall identify themselves as an affected employer at the time that they apply for a business license and shall be subject to all terms and provisions of this chapter; provided, that such employers shall be granted the same time provisions for compliance with this chapter as those prescribed for employers who experience a change in status as indicated in this section.
C. Any employer whose status changes from that of unaffected to affected during any calendar year shall be considered affected for the entire year. Once an employer is identified as affected, such employer shall be granted 150 days to develop and submit a CTR program. New affected employers shall have two years to meet the first CTR goal of a 15 percent reduction from the base year values identified in SMC 12.22.020, four years to meet the second goal of a 20 percent reduction, six years to meet the third goal of a 25 percent reduction, and 12 years to meet the fourth goal of a 35 percent reduction from the time they begin their program. Time schedules for compliance shall be measured from the time of program acceptance by the city. Employers are responsible for notifying the city whenever their work force changes such that they become an affected employer. Failure to do so can result in any penalties allowable under the provisions of this chapter. (Ord. 902 § 1, 2002).
12.22.070 CTR program requirements and reporting.
A. Employers are 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 SOV commute trips. The CTR program must include the mandatory elements described below, including submittal of a CTR program description and annual progress report.
B. CTR programs submitted by affected employers shall, at a minimum, include the following mandatory elements:
1. Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. An affected employer with multiple sites may have one transportation coordinator for all sites.
2. Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s program, including the transportation coordinator’s name and telephone number. Employers shall also provide a summary of their program to all new employees at the time of hire.
3. Annual Progress Report. The CTR program shall include the annual review of employee commute modes and of progress toward meeting the goals for the reduction in SOV rate and VMT per employee. Such report shall be submitted for review in a format provided by the city. Survey information or approved alternative information must be provided in the CTR reports submitted in the second, fourth, sixth, eighth, tenth and twelfth years after program implementation begins.
4. Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include a set of measures designed to meet CTR goals, as described in the CTR law (RCW 70.94.531).
C. Within six months of the adoption of the ordinance codified herein or within 150 days in the case of those employers whose status becomes that of an affected employer in any period following the first six months after said ordinance is adopted, the employer shall develop a CTR program and shall submit a description of such program to the city for review. The program description shall be in a format provided by the city and consistent with the CTR task force guidelines.
D. All affected employers shall submit an annual report on a form provided by the city each year in which the employer’s status was determined to be “affected” as outlined in this section. Annual reports shall include a description of CTR measures which were in effect for the reporting year, the results of any commuter surveys conducted during the year, the numbers of employees participating in each CTR program element, and a summary of the progress attained during the year with respect to SOV and VMT goals. Survey information or approved alternative information shall be required in the 1995, 1997, 1999, 2001, 2003 and 2005 reports. The content and acceptance of alternative information shall be at the discretion of the city.
E. All affected employers shall maintain a record of all program reports and program descriptions submitted to the city for review for a period of six years or until authorized by the city to dispose of such records. All records shall be made available to the city upon reasonable request for the purposes of reviewing program progress and/or compiling summary reports and analyses. (Ord. 902 § 1, 2002).
12.22.080 Program review, approval and implementation.
A. Upon receipt of a program submitted by an affected employer, the city or its designee shall review the program elements and reporting formats within a reasonable time period, and either approve or disapprove the program, provided that the initial program submitted by an employer following adoption of the ordinance codified herein shall be reviewed within 90 days of receipt by the city. Upon making a determination of the acceptability of the program, the employer will be notified in writing as to such determination. Program approvals shall be based on the following guidelines and criteria:
1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both the applicable SOV or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify 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 or is not likely to meet the applicable SOV or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching an agreement.
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 either applicable SOV or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, 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 the 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 consensus on the required program. The city within 10 working days of the conference will issue a final decision on the required program in writing.
B. The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the city unless extensions allow for delayed implementation. Implementation of programs that have been modified based on non-attainment of CTR goals must occur within 30 days following city approval of such modifications. (Ord. 902 § 1, 2002).
12.22.090 Exemptions and modifications.
A. An affected employer may submit a request to the city to grant an exemption from CTR program requirements for a particular worksite. An exemption may be granted only if the affected employer demonstrates it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee. Requests for exemptions to the initial program submittal are due within 90 days from the time the employer is notified or has identified themselves as subject to the provisions of this chapter. Requests following the initial submittal process can be made at any time. Requests must be made in writing by certified mail or delivery, return receipt. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will continue to be in effect during the following program year.
B. 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 task force guidelines to assess the validity of all employee exemption requests.
C. An affected employer may request a modification of program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR task force guidelines. An employer may not request a modification of the applicable goals until one year after the city approves its initial program description or annual report.
D. An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing before the due date for the submissions for which the extension is being requested. Requests for extensions must be made prior to the due date anytime a program submittal is going to be more than one week late. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 extension days per year. 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 annual reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the city. (Ord. 902 § 1, 2002).
12.22.100 Credit for prior employer programs.
A. Credit for Programs Implemented Prior to the Base Year. Employers with successful transportation demand management (TDM) programs implemented prior to the worksite’s base year may apply to the city for program credit under the following guidelines:
1. Employers whose VMT per employee and proportion of SOV trips are already equal to or less than the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year’s annual report.
2. Employers applying for the program credit in their initial 1993 program description shall be considered to have met the first CTR goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the base year zone values. This three-percentage-point credit applies only to the first CTR goals.
3. For the initial year, employer requests for program credit are due within three months after notification that the employer is subject to the provisions of this chapter. Requests for program credit must be received by the employer’s assigned reporting dates in all succeeding years.
4. Application for a program credit shall include an initial program description, written commitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant’s VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards and rules established for implementation of this chapter.
B. Credit for Alternative Work Schedules, Telecommuting, Bicycling and Walking by Affected Employees. The city will count commute trips eliminated through alternative work schedules, telecommuting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee. (Ord. 902 § 1, 2002).
12.22.110 Employer peer review group.
A. Purpose and Appointment of Members. The city may appoint member(s) from affected employers to regional or sub-regional employer peer review groups created through interlocal agreement with other jurisdictions. The specific functions of the peer review group shall be determined by the interlocal agreement.
B. Limitations of Peer Review Group. Any peer review group shall be advisory in nature. Any comments or recommendations of such peer review group shall not bind the city. (Ord. 902 § 1, 2002).
12.22.130 Enforcement.
A. For the purpose of this chapter, compliance shall mean submitting all required reports and documentation at the prescribed times and fully implementing all provisions in an approved CTR program.
B. The following actions shall constitute a violation of this chapter:
1. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this chapter.
2. 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 SOV goals as specified in this chapter. Failure to implement a CTR program includes, but is not limited to:
a. Failure to submit a complete CTR program within the deadlines specified;
b. Failure to submit required documentation for annual reports; and/or
c. Submittal of fraudulent data.
3. Failure to modify a CTR program found to be unacceptable by the city following program review.
C. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be a civil infraction, subject to a civil penalty of $250.00 for each violation; provided, no affected employer with an approved CTR program shall be subject to any penalty or may be held liable for failure to attain the applicable SOV or VMT goals, provided they have made a good faith effort as defined in RCW 70.94.534(4) and this chapter. Each day that a violation continues shall constitute a separate infraction. (Ord. 902 § 1, 2002).
12.22.140 Appeals.
A. An affected employer may appeal final administrative decisions made by the city in the implementation and application of the provisions of this chapter for such employer. Such appeals must be filed with the city clerk’s office within 20 days of receipt of the decision for which the appeal is being submitted. Appeals may be made for the following actions:
1. Rejection of an employer’s proposed program.
2. Denial of an employer’s request for an exemption or modification of any of the requirements under the provisions of this chapter or a modification of the employer’s program.
3. Denial of credits requested under SMC 12.22.100.
B. The city’s hearing examiner shall hear timely appeals. Determinations made in the review of such appeals shall be based on consistency with state statutes (RCW 70.94.521 through 70.94.551). (Ord. 902 § 1, 2002).
12.22.150 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter or its application to any other person or situation. (Ord. 902 § 1, 2002).