HomeMy WebLinkAboutTrans 2008-01-29 Item 3A - Briefings - Commute Trip Reduction Efficiency Act (CTR)INFORMATION MEMO
To: Transportation Committ Members
From: Jack Pace, DCD Directo
Date: January 29, 2008
Subject: Briefing on Local CTR Plan and Commute Trio Reduction Efficiency Act
ISSUE
Staff prepared the City of Tukwila Local Commute Trip Reduction (CTR) Plan to meet required
state criteria, in accordance with the Commute Trip Reduction Efficiency Act of 2006, for
submittal to the Puget Sound Regional Council (PSRC) by July 2, 2007. The Local plan was
reviewed and packaged with CTR plans from jurisdictions in King, Pierce and Snohomish
Counties for submittal to the Commute Trip Reduction Board in September 2007. The City of
Tukwila's Local CTR Plan was certified January 25, 2008 by the state CTR Board, a governor
appointed board as part of the PSRC package of approved plans. The City needs to adopt the
Local CTR Plan and adopt a new ordinance to replace City Ordinance #1868, TMC 9.44, to
reflect the State changes.
Staff prepared separately a plan for a Growth and Transportation and Efficiency Center (GTEC)
for Tukwila's Urban Center with assistance from Perteet, Inc. The goal of the GTEC plan is to
reduce single- occupancy vehicle trips and vehicle miles traveled in regional growth centers. A
separate memorandum addresses this plan.
BACKGROUND
Below is a summary of the current Commute Trip Reduction Program in Tukwila:
20 Tukwila employers (including the City of Tukwila) provide CTR programs for their
employees
CTR Coordinator is funded by WSDOT to manage CTR programs of employers within
the City of Tukwila
Employers are required to complete Annual CTR Program Reports and biennial
measurement surveys for progress toward goals
2007 Survey data for Tukwila affected employers shows daily Tukwila Single
Occupancy Vehicle (SOV) Rate is 78% and Vehicle Miles Traveled (VMT) is 15.1
C 1'R Program has been mandated and operational since 1991
The City of Tukwila provides numerous services to assist CTR- affected employers with
implementation of their CTR Programs, including the following:
Direction given to employers on statewide promotions such as Wheel Options and other
incentive programs such as "Bike to Work
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Annual report training and Employee Transportation Coordinator training.
Personalized assistance for coordinators and employees at employer worksites.
Additionally, the City of Tukwila works closely with other local agencies to implement and
promote trip reduction including King County, the cities of Seattle, Renton, Kent, SeaTac and
Federal Way, the Washington State Department of Transportation, the Puget Sound Regional
Council, and others.
The City through its CTR Coordinator will continue to provide base C'i'K services to Tukwila
employers.
CTR Program Changes
State mandated changes for developing local plans include:
Plan must state at least the minimum state target for SOV rates for employers and must
state what local services and strategies will be used for achievement of goals along with
the minimum requirements for affected employers (completed)
Plan must have required elements: Description of land use and transportation context,
present and future plans, concurrency, investments in services and facilities (completed)
Plan must evaluate barriers, cross boundary issues (completed)
Plan must provide documentation of consultation about plan (completed)
Must collaborate with employers, transit agencies and others stakeholders (completed)
Plan must have sustainable financial plan showing private and public funding resources
to meet goals and targets (completed)
The CTR Efficiency Act adopted in 2006 makes the following changes necessary for the City of
Tukwila:
Creation of an enhanced CTR Local Plan by July 2007 for submission to Puget Sound
Regional Council (completed)
Growth Transportation and Efficiency Center Plan for Tukwila Urban Center created by
July 2007 for review by PSRC, and submittal to and certification by the CTR Board in
November 2007 (completed)
Certification of a Local CTR Plan by the governor- appointed CTR Board by January
2008 (pending)
Implementation of Local CTR Plan in mid 2008
Ordinance adoption for mid 2008 and repeal of prior CTR Ordinance
Comprehensive plan additions as outlined in Local CTR Plan by 2009
RECOMMENDATION
No action at this time. Staff will return to adopt Local CTR Plan as certified and approved by
State CTR Board. The City's CTR Ordinance will be updated following approval and adoption
of the Local CTR Plan in early to mid 2008.
Attachments: Local CTR Plan
Draft CTR Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; ADOPTING THE TUKWILA COMMUTE TRIP REDUCTION (CTR)
PLAN AND IMPLEMENTING MEASURES AS REQUIRED BY RCW 70.94.527;
AM ENDING TUKWILA MUNICIPAL CODE, SECTION 9.44, COMMUTE TRIP
REDUCTION PLAN AND PROGRAM REQUIREMENTS TO REFLECT CHANGES
IN STATE POLICY; REPEALING ORDINANCE NO. 1868, AS CODIFED AT TMC
9.44; PROVIDING FOR SEVERABILITY; AND ES TABLISHING AN EFFECTIVE
DATE.
WHEREAS, amendments to Tukwila's Comprehensive Plan may be considered annually; and
WHEREAS, the City of Tukwila recognizes the importance of increasing citizen's awareness of
global warming, air quality, energy consumption and traffic congestion, and the contribution individual
actions can make towards addressing these issues and
WHEREAS, under State policy as set forth in RCW 70.94.527[4], the City of Tukwila is required
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; and
WHEREAS, this ordinance is consistent with the CTR Board Guidelines; and
WHEREAS, change s in State legislation require clarification and amendments to existing City of
Tukwila code;
NOW, III BEFORE THE CITY COUNCIL THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1: Purpose
The purpose of TMC Chapter 8.44 is to improve air quality, reduce traffic congestion and minimize
energy consumption: -These regulations are prepared to comply with RCW 70.94.521. This law does this
by requiring employer based programs that encourage employees to find alternatives to drive alone
commuting with collaboration between the. City of Tukwila and affected employers.
The goals established for affected employers in the Tukwila CTR Plan, set forth in Attachment A, are
wholly incorporated herein by reference. Future adopted versions of the CTR plan may establish new
goals for the urban `growth area and affected employers, This ordinance is not required to be revised in
order for the new adopted goals to take effect.
Section 2. Definitions
For the purpose of this ordinance, the following definitions shall apply in the interpretation and
enforcement of this ordinance:
1. "Affected Employee" means a full -time employee who begins his or her regular work day at a single
worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve
continuous months. Seasonal agricultural employees, including seasonal employees of processors of
agricultural products, are excluded from the count of affected employees.
2. "Affected Employer" means an employer that employs one hundred (100) or more full -time
employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m.
and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months.
Construction worksites, when the expected duration of the construction is less than two years, are
excluded from this definition. (Also see definition of employer.)
3. "Alternative Mode" means any means of commute transportation other than that in which the single
occupant motor vehicle is the dominant mode, including telecommuting and compressed work
weeks if they result in reducing commute trips.
"Alternative Work Schedules" mean programs such as compressed work weeks that eliminate work
trips for affected employees.
5. "Base year" means the twelve -month period which commences when a major employer is
determined by the local jurisdiction to be participating within the local CTR program. The City of
Tukwila uses this twelve-month period as the basis upon which it develops local co mmute trip
reduction goals.
6. "Base year survey" or "baseline measurement" means the survey, during the base year, of
employees at a major employer worksite to determine the drive -alone rate and vehicle miles traveled
per employee at the worksite. The 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 Tukwila.
"Carpool" means a motor vehicle including a motorcycle occupied by two to six people traveling
together for their commute trip, resulting in the reduction of a minimum of one motor vehicle
commute trip.
"Commute Trips" mean= -trips made from a worker's home to a worksite (inclusive) on weekdays.
"CTR Plan" means a=city's plan and ordinance to regulate and administer the CTR programs of
affected employers within its jurisdiction.
10. "CTR Program" means an employer's strategies to reduce employees' drive alone commutes and
VMT per employee.
11. "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 bi- weekly arrangements, the most typical
being four 10 -hour days or 80 hours in nine days, but may also include other arrangements.
12. "Custom Bus /Buspool" means a commuter bus service arranged specifically to transport employees
to work.
13. "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip.
14. "Drive Alone" means a motor vehicle occupied by one (1) employee for commute purposes,
including a motorcycle.
15. "Drive Alone Trips" means commute trips made by affected employees in single occupant vehicles.
16. "Employee Transportation Coordinator (ETC)" means a person who is designated as responsible for
the development, implementation and monitoring of an employer's CTR program.
17. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district, or other individual or entity, whether public,
non profit, or private, that employs workers.
18. "Exemption" means a waiver from anyor all CTR program requirements granted to an employer by
a city based on unique conditions that apply to the employer or employment site
19. "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.
20. "Full -Time Employee" means a person, other than an contractor, scheduled to be
employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.
21. "Good Faith Effort" means that an employer has met the minimum requirements identified in RCW
70.94.531 and this ordinance, and is working collaboratively with the City of Tukwila 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.
22. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521 -555
and this ordinance 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.
23. "A major employer" means_a private or public employer, including state agencies, that employs one
hundred or more "full -time employees at a single worksite who begin their regular work day between
6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year.
24. "Major employer worksite" or "affected employer worksite" or "worksite" means the physical
location occupied by a major employer, as determined by the local jurisdiction.
25. "Major employment installation" means a military base or federal reservation, or other facilities as
designated by the City of Tukwila, at which there are one hundred or more full -time employees,
who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve
continuous months during the year.
26. "Mode" means the means of transportation used by employees, such as single- occupant motor
vehicle, rideshare vehicle (carpool,- vanpool), transit, ferry, bicycle, walking, compressed work
schedule and telecommuting.
27. "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.
28. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday,
except legal holidays.
29. "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.
30. "Proportion of Drive Alone Trips" or "Drive Alone Rate" means the number of commute trips over
a set period made by affected employees in single occupancy vehicles divided by the number of
potential trips taken by affected employees working during that period.
31. "Ride Matching Service" means a system which assists in matching commuters for the purpose of
commuting together.
32. "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.
33. "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.
34. "Transportation Demand Management (WM "-means a broad range of strategies that are primarily
intended to reduce and reshape demand on the transportation system.
35. 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.
36. "Vanpool" means a vehicle occupied by from four (4) to fifteen (15) people traveling together for
their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.
37. "Vehicle Miles Traveled (VM7) 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.
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 (fax)
transmissions are a temporary notice of action that must be followed by the original signed and
dated document via mail or delivery.
Section 3. CTR GOALS
3.1 Commute Trip Reduction Goals for the Urban Growth Area
The City Of Tukwila's goals for reductions in the proportions of drive -alone commute trips and vehicle
miles traveled per employee by affected employers in the City are hereby established by reference to the
City of Tukwila's CTR plan. These goals establish the desired level of performance for the CTR
program in its entirety in the City of Tukwila.
The City of Tukwila will set the individual worksite goals for affected employers based on how the
worksite can contribute to the city's overall goal for its urban growth area.
3.2 Commute Trip Reduction Goals for the Urban Growth Area
1) The drive -alone and VMT goals for affected employers in the City are hereby established as set
forth in the CTR plan.
2) If the goals for an affected employer or newly affected employer are not listed in the CTR plan,
they shall be established by Tukwila at a level designed to achieve the goals for the urban growth
area The city shall provide written notification of the goals for each affected employer worksite
by either incorporating the information into the results of the baseline measurement or
subsequent survey measurements or providing the information when the City reviews the
employer's proposed CTR program.
3) Each affected employer is required to develop and implement a CTR program that is designed to
meet the affected worksite's assigned CTR goals.
3.3 Recognition for Commute Trip Reduction Efforts
As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth
in Section 3.2 will receiv -e a Commute Trip Reduction Certificate of Leadership from the City.
Section 4. Responsible City Agency(s)
The Mayor of the City of Tukwila shall be responsible for implementing this ordinance, this chapter, the
CTR plan, and the City's CTR program together with any authority necessary to carry out such
responsibilities such as rule- making or certain administrative decisions.
Section 5. Applicability
The provisions of this ordinance shall apply to any affected employer within the corporate limits of the
City of Tukwila:
5.1 Notification of Applicability
1) In addition to the City's established public notification for adoption of an ordinance, a notice of
availability of a summary of this ordinance, a notice of the requirements and criteria for affected
employers to comply with the ordinance, and subsequent revisions shall be published at least
once in the South Edition of the Seattle Times, not more than 30 days after passage of this
ordinance or revisions.
2) Affected employers located in Tukwila are to receive written notification that they are subject to
this ordinance. Such notice shall be addressed to the company's chief executive officer, senior
official, or ETC coordinator at the worksite. Such notification shall provide 90 days for the
affected employer to perform a baseline measurement consistent with the measurement
requirements outlined by WAC 468 -63 -050 or as defined by the City of Tukwila CTR
coordinator.
3) Affected employers that, for whatever reason, do not receive notice within 30 days of passage of
the ordinance and are either notified or identify themselves to the City within 90 days of the
passage of the ordinance will be granted an extension to assure up to 90 days within which to
perform a baseline measurement consistent with the measurement requirements specified by the
City.
4) Affected employers that have not been identified or do not identify themselves within 90 days of
the passage of the ordinance and do not perform a baseline measurement consistent with the
measurement requirements specified by the City within 90 days from the passage of the
ordinance are in violation of this` ordinance.
5) If an affected employer has already performed a baseline measurement, or an alternative
acceptable to the City under previous iterations of this ordinance, the employer is not required to
perform another baseline measurement.
5.2 Newly Affected Employers
1) Employers meeting the definition of "affected employer" in this ordinance must identify
themselves to the City within 90 days of either moving into the boundaries of Tukwila or
growing in employment at a worksite to one hundred (100) or more affected employees.
Employers who do not identify themselves within 90 days are in violation of this ordinance.
2) Newly affected employers identified as such shall be given 90 days to perform a baseline
measurement consistent with the measurement requirements specified by the City. Employers
who do not perform a baseline measurement within 90 days of receiving written notification that
they are subject to -this ordinance are in violation of this ordinance.
3) Newly affected employers identified as such will also be given 90 days to designate an employee
transportation coordinator [ETC] to work closely with the City's CTR coordinator to develop,
implement, and monitor strategies and processes to meeting defined CTR goals for their specific
job site If for any reason the ETC is displaced from their position a new transportation
coordinator must be designated by the employer within 90 days Employers who fail to designate
an ETC within 90 days of being identified as an affected employer or in the event of the absence
of a current ETC position are in violation of this ordinance.
4) Not more than 90 days after receiving written notification of the results of the baseline
measurement, the newly affected employer shall develop and submit a commute trip reduction
program to the City of Tukwila. The program shall be implemented not more than 90 days after
approval by the City.-- Employers who do not implement an approved commute trip reduction
plan according to this schedule are in violation of this ordinance.
5.3 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 that it is no longer an affected 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 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.
Section 6. 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
ordinance, to develop and implement a CTR program that will encourage its employees to reduce VMT
per employee and drive alone commute trips. The employer shall submit a description of its program to
the City of Tukwila and provide an annual progress report to the City on employee commuting and
progress toward meeting the drive alone reduction goals. The CTR program must include the mandatory
elements as described below.
6.1 CTR Program Description Requirements
The CTR program descriptionpresents the strategies to be undertaken by an employer to achieve the
commute trip reduction goals for each goal year Employers are encouraged to consider innovative
strategies and combine program elements in a manner that will best suit their location, site
characteristics, business type, and employees' commuting needs. Employers are further encouraged to
cooperate with each other and to form or use transportation management associations in developing and
implementing CTR programs
At a minimum, the employer's CTR description must include: 1) general description of the
employment site locations 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 co mpliance with the mandatory CTR program elements (as described in
subsection B of this section); 4) description of the additional elements included in the CTR program (as
described in subsection B of this section); and 5) schedule of implementation, assignment of
responsibilities, and commitment to provide appropriate resources.
6.2 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
displayed prominently at each affected worksite. The ETC shall oversee all elements of the
employer's CTR program and act as liaison between the employer and the City of Tukwila. The
objective is to have an effective transportation coordinator presence at each worksite; an affected
employer with multiple sites may have one ETC for all sites. The transportation coordinator must
complete the basic ETC training course as provided by King County within six months of
assuming the status of designated transportation coordinator in order to help ensure consistent
knowledge and understanding of CTR laws, rules, and guidelines statewide.
2) Information Distribution
Information about alternatives to drive alone cormuting shall be provided to employees at least
once a year. Each employer's program description and annual report must report the information
to be distributed and the method of distribution. The information distributed shall be forwarded
to the City's CTR coordinator upon distribution to employees to ensure a consistent marketing
element in promoting the targeted and accomplished goals of the employer's CTR program.
3) Regular review
The CTR program must include a regular review of employee commuting and progress and good
faith efforts toward meeting the drive alone reduction goals. Affected employers shall file a
regular progress report with the City of Tukwila in accordance with the format provided by the
City. The report shall 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. Within the report, the employer should evaluate the
effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR
goals. Survey information or approved alternative information must be provided in the reports.
4) Biennial measurement
In addition to the baseline measurement, employers shall conduct a program evaluation as a
means of determining worksite progress toward meeting CTR goals. As part of the program
evaluation, the employer shall distribute and collect Commute Trip Reduction Program
Employee Questionnaires (surveys) every two years, and strive to achieve at least a 70%
response rate from employees at the worksite.
6.3 Additional Program, Elements
In addition to the specific program elements described above, the employer's CTR program shall
include additional elements as neededtoneet CTR goals. Elements may include, but are not
limited to, one or more of the following:
a) Provision of preferential parkin g or reduced parking charges, or both, for high- occupancy
vehicles;
b) Instituting or increasing parking charges for drive alone commuters;
c) Provision of commuter ride matching services to facilitate employee ride- sharing for
commute trips;
d) Provision of subsidies for transit or vanpool fares and/or transit passes;
e) Provision of vans or buses for employee ridesharing;
f) Provision of subsidies for carpools or vanpools;
g) Provision of incentives for employees that do not drive alone to work;
h) Permitting the use of the employer's vehicles for carpooling or vanpooling;
i) Permitting flexible work schedules to facilitate employees' use of transit, carpools, or
vanpools;
j) Cooperation with transportation providers to provide additional regular or express service to
the worksite;
k) Construction of special loading and unloading facilities for transit, carpool, and vanpool
users;
1) Provision of bicycle parking facilities, locker s, changing a reas, and showers for employees
who bicycle or walk to work;
m) Provision of a program of parking incentives such as a rebate for employees who do not use
the parking facilities;
n) Establishment of a program to permit employees to work part- or full -time at home or at an
alternative worksite closer to their homes;
o) Establishment of a program of alternative work schedules, such as a compressed work week
which reduces commuting;
p) Implementation of other measures designed to facilitate the use of high occupancy vehicles,
such as on -site day care facilities and emergency taxi services;
q) Charging employees for parking, and/or the elimination of free parking; and
r) Intensive marketing campaigns through the distribution of informational newsletters, e- mails,
brochures, or memos in a- consistent manner.
8.1 CTR Program
8.2 Document Review
8.3 CTR Annual Progress Reports
Section 7. Record Keeping
Affected employers shall include a list of the records they will keep as part of the CTR program as
submitted to the City of Tukwila for approval. Employers will maintain all records listed in their CTR
program for a minimum of 24 months. The City and the employer shall agree on the record keeping
requirements as of the accepted CTR program:
Section 8. Schedule and Process for CTR Reports
Not more than 90 days after the adoption of this ordinance, or within three months after an employer
qualifies under the provisions of this ordinance, the employer shall perform a baseline measurement
consistent with the measurement requirements specified by the City of Tukwila. Not more than 90
days after receiving written notification of the results of the baseline measurement, the newly
affected employer shall develop and submit-a= commute trip reduction program to the City's CTR
coordinator. The program shall be implemented not more than 90 days after approval by the CTR
coordinator.
The City of Tukwila 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 90 days of submission, the employer's program or annual 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.
Upon review of an employer's initial CTR program, the City of Tukwila shall establish the
employer's annual reporting date, which shall not be less than 12 months from the day the program is
submitted. Each year on the employer's reporting date, the employer shall submit to the City its
annual CTR report.
8.4 Modification of CTR Program Elements
Any affected employer may submit a request to the City of Tukwila for modification of CTR
requirements. Such request may be granted if one of the following conditions exist:
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.
8.5 Extensions
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 via written notice at least 30 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_ of Tukwila 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 issuedtothe employer, an extension is automatically granted for 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 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.
8.6 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 90 days after receiving written notice from the City
of Tukwila that the program has been approved.
Section 9. Enforcement
9.1 Compliance
For purposes of this section, compliance shall mean fully implementing in good faith all provisions
in an approved CTR program.
9.2 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 modify its CTR program;
2) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, but
has not met or is not likely to meet the applicable _drive alone or VMT goal, the city /county 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/county for approval within 30 days of reaching agreement.
3) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this
ordinance, and fails to meet the applicable drive alone or VMT reduction goal, the City of
Tukwila 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.
9.3 Violations
The following constitute violations if the deadlines established in this ordinance are not met:
1) Failure to perform a baseline measurement, including:
a) Employers notified or that have identified themselves to the City of Tukwila within 90 days
of the ordinance being adopted and that do not perform a baseline measurement consistent
with the requirements specified by the. City within 90 days from the notification or self-
identification;
b) Employers not identified or self identified within 90 days of the ordinance being adopted and
that do not perform a baseline measurement consistent with the requirements specified by the
City within 90 days from the adoption of the ordinance;
2) Failure to develop and /or submit on time a complete CTR program;
3) Failure to implement an approved CTR program, unless the program elements that are carried out
can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as
specified in ordinance;
4) Failure to designate an ETC within 90 days from notification or self identification to implement
and carryout the approved CTR program elements;
5) Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance; or
6) Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance.
9.4 Penalties
1) 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;
2) Each day of failure to implement the program shall constitute a separate violation, subject to
penalties as described in RCW 7.80;
3) Any violation of any provision, or failure to comply with any of the requirements of this chapter,
shall be subject to the terms and conditions of Chapter 8.45;
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 Tukwila and advise the union that the proposal being made is
necessary for compliance with state law (RCW 70.94.531).
Section 10. Exemptions and Goal Modifications
10.1 Worksite Exemptions
An affected employer may request the City of Tukwila 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 m complying with the requirements of the ordinance 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 reduce the proportion of drive alone
trips and VMT per employee. The City shall issue a decision regarding an exemption no more than
30 days from receiving a written request from the employer for such status. The notice should
clearly explain the conditions for which the affected employer is seeking an exemption from the
requirements of the CTR program. Appeals to these decisions are addressed within section 11 of this
ordinance. The City shall review annually all employers receiving exemptions, and shall determine
whether the exemption will be in effect during the following program year.
10.2 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 of Tukwila will use the criteria identified in the state CTR Board Guidelines
outlined in RCW 70.94.521 to assess the validity of employee exemption requests. All employee
exemption requests received by September 30 of each year shall be administratively reviewed by
10.3 Modification of CTR Program Goals
2)
December 31 of the same year, and shall determine whether the exemption will be in effect during
the following program year.
1) An affected employer may request that the City of Tukwila modify its CTR 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 or 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.
2) The City of Tukwila 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 year after the
City's approval of its initial program description or annual report.
Section 11. Appeals
1) Any affected employer may appeal administrative decisions made by the City regarding
exemptions, modification of goals, CTR program elements, violations, and penalties. Appeals
must arrive, by registered mail, within 14 calendar days following an administrative decision
from the City. An appeal must be made in writing and specify the decision being appealed as
well as the specific basis for the appeal
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 -551].
Section 2. Repealer. Ordinance No._ 1868, as codified at TIM 9.44, is hereby repealed.
ATTEST/AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
Section 3. Severabiiity. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance 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 ordinance or its application to any other
person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the South
Edition of the Seattle Tim es, and shall take effect and be in full force five days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of 2008.
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Jim Haggerton, Mayor
Office of the City Attorney
Attachment A: The City of Tukwila CTR plan
Published:
Effective Date:
Ordinance Number: