Chapter 9.60
COMMUTE TRIP REDUCTION
Sections:
9.60.010 Title for Citation – Statutory Authority.
9.60.030 Commute Trip Reduction Plan Adopted.
9.60.040 Director – Powers and Duties – Statutory Authority.
9.60.050 Requirements for Affected Employers.
9.60.060 Commute Trip Reduction (CTR) Program Requirements – Program Description Required.
9.60.070 Mandatory Program Requirements.
9.60.080 Additional Program Elements.
9.60.100 Credits for Existing Commute Trip Reduction Efforts.
9.60.110 Program Modifications – By Order of Director.
9.60.120 Goal Modifications – By Request of Employer.
9.60.130 Mandatory Program Modification.
9.60.170 Failure to Implement Program – Defenses.
9.60.180 Violations and Penalties.
9.60.010 Title for Citation – Statutory Authority.
This chapter shall be known as “Commute Trip Reduction.” This chapter is adopted as required by the Washington Transportation Demand Management Act, Laws of 1991, Chapter 202.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 1, 1999: Ord. 1-1993 § 1, 1993).
9.60.020 Definitions.
Unless otherwise specified, terms shall have the meanings as defined in RCW 70.94.524. For the purpose of this chapter, the following definitions shall apply:
(1) “Affected employee” means a full-time employee who begins his or her regular work day at a single worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays for at least twelve continuous months. The employee will only be counted at his or her primary worksite.
(2) “Affected employer” means an employer that employs one hundred or more full-time employees at a single worksite (except construction worksites, when the expected duration of the construction project is less than two years) located in the unincorporated area of the county who are scheduled to begin their regular work day between six a.m. and nine a.m. (inclusive) on two or more weekdays for at least twelve continuous months.
If an employer initially designated as an affected employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for twelve consecutive months, the employer is no longer an affected employer.
(3) “County” means Yakima County.
(4) “CTR plan” means the county’s commute trip reduction plan as adopted in this chapter and as it may be amended hereafter.
(5) “CTR program” means an employer’s strategies to reduce affected employees’ single-occupancy vehicle use and vehicle miles traveled per employee.
(6) “CTR zone” means an area, such as a census tract or combination of census tracts within the 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 single-occupant vehicle commuting.
(7) “Director” means the county public works director.
(8) “Full-time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week.
(9) “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
(10) “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.
(11) “Worksite” means a physically contiguous parcel or parcels of land or on parcels separated solely by private or public roadways or rights-of-way where one or more employers employs one hundred or more affected employees.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 2, 1993).
9.60.030 Commute Trip Reduction Plan Adopted.
The Yakima County Commute Trip Reduction Plan (CTR Plan) is hereby amended as set forth in Appendix A attached to the ordinance codified in this chapter, and is wholly incorporated herein by this reference. Copies of the CTR Plan shall be available to the public from the county public works office.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 2, 1999: Ord. 1-1993 § 3, 1993).
9.60.040 Director – Powers and Duties – Statutory Authority.
The director or his/her designee shall have the following duties:
(1) Implement procedures designed to meet the county’s duties prescribed by the Washington Transportation Demand Management Act, Laws of 1991, Chapter 202.
(2) Adopt procedures to meet the director’s duties prescribed by this chapter.
(3) Review each employer’s commute trip reduction program and determine if it meets the requirements of the Act and this chapter. Within ninety days of receipt of the program, the director shall give the employer notification that (A) the program is rejected and the reasons for rejection, or (B) the program is accepted and the implementation date for the employer’s commute trip reduction program. The director may extend the review period for an additional ninety days.
(4) Annually review all exemptions granted pursuant to this chapter.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 4, 1993).
9.60.050 Requirements for Affected Employers.
(1) Not more than one hundred eighty days after the adoption of the ordinance codified in this chapter, each affected employer in the unincorporated area of the county shall develop a commute trip reduction program which complies with RCW 70.94.531 and shall submit a description of that program to the director for review and approval. The program shall be implemented not more than one hundred eighty days after submission to the county.
(2) Employers that become “affected employers” subsequent to the adoption of the ordinance codified herein shall notify the director that they are an affected employer within one hundred eighty days of (A) moving into the unincorporated area of Yakima County, or (B) growing in employment at a worksite to one hundred or more affected employees. Such employers shall develop a commute trip reduction program within one hundred fifty days of such notification and submit the program to the director. Upon becoming an “affected employer,” the employer shall have two years to meet the first commute trip reduction goal as specified in Section 3, Table 2 of the commute trip reduction plan; four years to meet the second goal; and six years to meet the third goal from the time the employer begins its program.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 5, 1993).
9.60.060 Commute Trip Reduction (CTR) Program Requirements – Program Description Required.
Employers are required to make a good faith effort as defined in RCW 70.94.534(2) as hereafter amended and this chapter to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips.
An employer’s CTR program shall include a program description. The program description shall include, but not be limited to, the following:
(1) General description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees;
(2) Number of employees affected by the CTR program;
(3) Documentation of compliance with the mandatory CTR program elements;
(4) Description of the additional elements included in the CTR program; and
(5) Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 3, 1999: Ord. 1-1993 § 6 (a), 1993).
9.60.070 Mandatory Program Requirements.
An employer’s Commute Trip Reduction (CTR) program shall include the following:
(1) Employee Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The coordinator’s name, title, address, location and telephone number must be displayed prominently at each worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the county. The objective is to have an effective ETC presence at each worksite. An affected employer with multiple worksites may have one ETC for all worksites.
(2) Information Distribution. Information about alternatives to single-occupant vehicle commuting shall be provided to employees at least once in each consecutive twelve-month period. Each employer’s program description and annual report must indicate the information to be distributed and the method of distribution.
(3) Annual Progress Report. The CTR program shall include an annual review of employee commuting and of progress toward meeting CTR Plan goals. Affected employers shall file an annual progress report with the director in accordance with the CTR Plan. The annual report shall:
(a) Include the information to be distributed to employees required by subsection (2) of Section 9.60.070, and the method of such distribution;
(b) Describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs;
(c) Contain an evaluation by the employer regarding the effectiveness of the CTR program and propose necessary modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, eighth, tenth, and twelfth years after program implementation begins.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 4, 1999: Ord. 1-1993 § 6 (b), 1993).
9.60.080 Additional Program Elements.
In addition to the mandatory program requirements described above, an employer’s commute trip reduction program may include additional elements needed to meet CTR goals, including, but not limited to, the following:
(1) Provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
(2) Increasing parking charges for single-occupant vehicles;
(3) Providing commuter ride-matching services to facilitate employee ride-sharing for commute trips;
(4) Provision of subsidies for transit fares;
(5) Providing vehicles, carpools or vanpools;
(6) Providing subsidies for carpools or vanpools;
(7) Permitting flexible or alternative work schedules;
(8) Cooperation with transportation providers to provide additional regular or express service to worksites;
(9) Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
(10) Providing bicycle parking facilities, lockers, changing areas and showers for employees who bicycle or walk to work;
(11) Providing a program of parking incentives, such as a rebate for employees who do not use the parking facilities;
(12) Establishing a program to permit employees to work part-time or full-time at home or at an alternative worksite closer to their homes; and
(13) Implementing other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 6 (c), 1993).
9.60.090 Records.
A list of the records the employer will keep is part of the commute trip reduction program. All records listed shall be kept for a minimum of twenty-four months.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 6 (d), 1993).
9.60.100 Credits for Existing Commute Trip Reduction Efforts.
(1) Public Recognition. Employers with values for vehicle miles traveled per employee and the proportion of single-occupant vehicle trips that are lower than the commute trip reduction zone average will receive public recognition from the county for their commute trip reduction efforts.
(2) Credit For Commute Trip Reduction Programs Implemented Prior to the Base Year. Employers with successful commute trip reduction (CTR) programs implemented prior to the 1992 base year may be eligible for CTR program exemption credit, which exempts them from most CTR program requirements. When these employers apply for the program exemption credit in their initial 1993 CTR program, they shall be considered to have met the 1995 CTR goals if their vehicle miles traveled per employee and proportion of single-occupant vehicle trips are equivalent to a twelve percent or greater reduction from the base year CTR zone values. This three-percentage point credit applies only to the 1995 CTR goals.
(3) Process to Apply for CTR Program Credit. Affected employers may apply for program exemption credit for the results of past or current commute trip reduction efforts by applying to the county in their initial program description or as part of any other annual report. This application shall be made within ninety days of March 16, 1993, the date of passage of the CTR ordinance codified in this chapter or within ninety days of attaining status as an affected employer. Application shall include results from a survey of employees utilizing the Washington State Energy Office Employee CTR Survey form or equivalent information as specified in the Washington State Commute Trip Reduction Task Force Guidelines.
(4) Annual Reporting and Measurement Year Reporting. Employers that apply for credit and whose vehicle miles traveled per employee and proportion of single-occupant vehicle trips are equal to or less than goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of this chapter except for the requirements to submit annual CTR program reports and measurement ear reports utilizing the county CTR program report form as specified in Section 4.D of the CTR Plan. If any of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR chapter.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 7, 1993).
9.60.110 Program Modifications – By order of Director.
An employer has satisfied the objectives of the CTR Plan and will not be required to modify its CTR program if it has made a good faith effort as defined in RCW 70.94.534(2) as hereafter amended and this chapter, and meets either or both the applicable single-occupant vehicle rate or vehicle miles traveled per employee reduction goal.
If an employer makes a good faith effort as defined in RCW 70.94.534(2) as hereafter amended and this chapter, but has not met or is not likely to meet the applicable single-occupant vehicle rate or vehicle miles traveled per employee reduction goal, the director 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 director for approval within thirty days of reaching an agreement.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 5, 1999: Ord. 1-1993 § 8 (a), 1993).
9.60.120 Goal Modifications – By Request of Employer.
Any affected employer may request that the director modify its Commute Trip Reduction (CTR) program goals. Such requests shall be filed in writing at least sixty 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 goals. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The director 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 director approved its initial program description or annual report. A modification to the program may not delete a mandatory requirement.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 6, 1999: Ord. 1-1993 § 8 (b), 1993).
9.60.130 Mandatory Program Modification.
If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) as hereafter amended and this chapter, and fails to meet either the applicable single-occupant vehicle rate or vehicle miles traveled per employee reduction goal, the director shall work collaboratively with the employer to identify modifications to the Commute Trip Reduction (CTR) program and shall direct the employer to revise its program within thirty 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 thirty days of receiving written notice to revise its program. The director shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the director will send written notice to that effect to the employer within thirty 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 will be issued in writing by the director within ten working days of the conference.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 7, 1999: Ord. 1-1993 § 8 (c), 1993).
9.60.140 Exemptions.
(1) An affected employer may submit a request to the director to grant an exemption from any or all Commute Trip Reduction (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 location(s). An exemption may be granted only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of single-occupant vehicle trips and vehicle miles traveled per employee. Exemptions may be granted by the director at any time based on written notice provided by the 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 director shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year.
(2) 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 director will use the criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption requests. The director shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 8, 1999: Ord. 1-1993 § 9, 1993).
9.60.150 Extensions.
An employer may request not more than ninety days’ additional time to submit a commute trip reduction program or CTR annual report or to implement or modify a program. Such requests shall be made in writing no less than thirty days before the due date for which the extension is being requested. Requests shall be made by certified mail return receipt. Extensions shall be granted for reasonable causes. The director shall notify the employer in writing within ten working days of receipt of the request that the request has been granted or denied. Extensions shall not exempt an employer from responsibility in meeting program goals.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 1, 1993).
9.60.160 Appeals.
(1) Any employer may appeal a decision of the director regarding exemptions, modifications, or violations to the board of county commissioners by filing a written notice of appeal with the clerk of the board within thirty days of the date of the written notification of the decision stating the specific reasons for the appeal.
(2) All such appeals so filed shall be heard and a determination made by the board during a public hearing held within sixty days of filing of the notice of appeal. The appealing party shall be mailed written notice of the date, time and place of the hearing at least five pays prior to the hearing.
(Ord. 10-2017 (part), 2017: Ord. 1-1993 § 12, 1993).
9.60.170 Failure to Implement Program – Defenses.
(1) It shall be a defense to a failure to implement any requirement of a Commute Trip Reduction (CTR) program:
(a) If such failure was the result of failure to reach agreement with a certified collective bargaining agent where the issue was raised by the employer and pursued in good faith, or
(b) The employer has made a good faith attempt to comply with this chapter and its failure to comply was due to circumstances beyond its control.
(2) A “good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 as hereafter amended and is working collaboratively with the director 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.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 9, 1999: Ord. 1-1993 § 11 (c), 1993).
9.60.180 Violations and Penalties.
(1) Violations. It is unlawful for any affected employer to fail to comply with any requirement of this chapter or any requirement of the employer’s Commute Trip Reduction (CTR) program, or to make a good faith effort, as defined in RCW 70.94.534(4) as hereafter amended and this chapter.
(2) Penalties. A civil penalty of not more than two hundred fifty dollars may be assessed against the employer for each day of willful violation of any requirement of this chapter or for each day of failure to implement any requirement of the employer’s CTR program. The employer shall be notified of the director’s intent to impose a penalty, which notification shall include a notice that the employer may appeal the director’s decision to the board of county commissioners within thirty days of the date of the decision. No penalty shall be imposed until the employer has been notified of the director’s intent to impose a penalty, and the employer has been given an opportunity to demonstrate that it has made a good faith attempt to comply with this chapter. No affected employer with an approved CTR program may be held liable for failure to reach the applicable single-occupant vehicle rate or vehicle miles traveled per employee reduction goals.
(Ord. 10-2017 (part), 2017: Ord. 4-1999 § 10, 1999: Ord. 1-1993 § 11 (a), (b) 1993).