Chapter 10.16
COMMUTE TRIP REDUCTION
Sections:
10.16.040 Responsible City agency(ies).
10.16.050 The City of Airway Heights CTR plan.
10.16.080 Requirements for employers – RCW 70.94.531.
10.16.100 Schedule and process for CTR program description and report.
10.16.120 Exemptions and goal modifications.
10.16.010 Plan adoption.
The City hereby adopts the commute trip reduction plan. (Ord. C-713 § 3, 2010)
10.16.020 Purpose.
The purpose of the commute trip reduction program is to improve air quality, improve transportation system efficiency and reduce energy consumption through employer-based programs that encourage the reduction of vehicle miles traveled and the use of commute alternatives to the single-occupant vehicle. (Ord. C-713 § 4, 2010)
10.16.030 Definitions.
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Affected employee” means a full-time employee who begins his or her regular workday at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.
B. “Affected employer” means an employer that employs 100 or more full-time employees at a single worksite covered by the commute trip reduction plan who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 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.”)
C. “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 workweek schedules if they result in reducing commute trips.
D. “Alternative work schedules” means programs such as compressed workweek schedules that eliminate work trips for affected employees.
E. “Base year” means the 12-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City or its contractor uses this 12-month period as the basis upon which it develops commute trip reduction goals.
F. “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 or its contractor.
G. “Carpool” means a motor vehicle, including a motorcycle, which is occupied by two to six people of at least 16 years of age traveling together for their commute trip resulting in the reduction of a minimum of one motor vehicle commute trip.
H. “Commute trips” means trips made from a worker’s home to a worksite (inclusive) on weekdays.
I. “CTR” is the abbreviation of commute trip reduction.
J. “CTR program” means an employer’s strategies to reduce employees’ drive-alone commutes and average VMT per employee.
K. “Commute trip vehicle miles traveled per employee” means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
L. “Compressed workweek” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday 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.
M. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.
N. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.
O. “Drive alone” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
P. “Drive-alone trips” means commute trips made by employees in single-occupant vehicles.
Q. “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation and monitoring of an employer’s CTR program.
R. “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.
S. “Exemption” means a waiver from any or all CTR program requirements granted to an employer by the City or its contractor based on unique conditions that apply to the employer or employment site.
T. “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 to facilitate the use of alternative modes.
U. “Full-time employee” means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week.
V. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the City or its contractor 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.
W. “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to its approved CTR program and schedule.
X. “A major employer” means a private or public employer, including state agencies, that 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. on weekdays for at least 12 continuous months.
Y. “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the local jurisdiction.
Z. “Major employment installation” means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City or its contractor, at which there are 100 or more affected employees.
AA. “Mode” refers to 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.
BB. “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.
CC. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
DD. “Peak period trip” means any commute 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.
EE. “Proportion of drive-alone trips” or “drive-alone rate” means the number of commute trips over a set period made by employees in single-occupant vehicles divided by the number of potential trips taken by employees working during that period.
FF. “Ride-matching service” means a system which assists in matching commuters for the purpose of commuting together.
GG. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
HH. “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.
II. “Teleworking” or “telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.
JJ. “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.
KK. “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 to include areas and cities within Spokane County.
LL. “Vanpool” means a vehicle occupied by five to 15 people traveling together for their commute trip resulting in the reduction of a minimum of one motor vehicle trip.
MM. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period.
NN. “Week” means a seven-day calendar period starting on Monday and continuing through Sunday.
OO. “Weekday” means any day of the week except Saturday, Sunday and legal holidays.
PP. “Writing,” “written,” or “in writing” means original signed and dated documents. Facsimile (fax) or electronic mail (e-mail) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. C-713 § 5, 2010)
10.16.040 Responsible City agency(ies).
The City of Airway Heights or its contractor is responsible for implementing this program, and this responsibility may be exercised directly by City administrative staff or by contracting with another agency. (Ord. C-713 § 6, 2010)
10.16.050 The City of Airway Heights CTR plan.
The goals established for the jurisdiction and affected employers in the City of Airway Heights commute trip reduction plan are incorporated herein by reference. (Ord. C-713 § 7, 2010)
10.16.060 CTR goals.
A. Commute Trip Reduction Goals.
1. The City’s goals for reductions in the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in the City’s jurisdiction, major employment installations, and other areas designated by the City or its contractor are hereby established by the City of Airway Heights CTR plan incorporated by reference in AHMC 10.16.050. These goals establish the desired level of performance for the CTR program in its entirety in the City of Airway Heights.
2. The City or its contractor will set the individual worksite goals for affected employers based on how the worksite can contribute to the City’s overall goal established in the CTR plan. The goals will appear as a component of the affected employer’s approved implementation plan.
B. Commute Trip Reduction Goals for Affected Employers.
1. The drive-alone and VMT goals for affected employers in the City are hereby established as set forth in the CTR plan incorporated by reference in AHMC 10.16.050.
2. If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they shall be established by the City or its contractor at a level designed to achieve the City’s overall goals for the jurisdiction and other areas as designated by the City or its contractor. The City or its contractor shall provide written notification of the goals for each affected employer worksite by providing the information when the City or its contractor reviews the employer’s proposed program and incorporating the goals into the program approval issued by the City or its contractor. (Ord. C-713 § 8, 2010)
10.16.070 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the geographic limits of the CTR plan adopted by reference in AHMC 10.16.050. Employees will only be counted at their primary area worksite. It is the responsibility of the employer to notify the City or its contractor of a change in status as an affected employer.
A. Notification of Applicability.
1. In addition to the City of Airway Heights established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice of the requirements and criteria for affected employers to comply with the chapter, and subsequent revisions shall be published at least once in the City’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter or revisions.
2. Affected employers located in the City are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City or its contractor.
3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the City or its contractor within 90 days of the passage of the ordinance codified in this chapter 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 or its contractor.
4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance codified in this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the City or its contractor within 90 days from the passage of the ordinance codified in this chapter are in violation of this chapter.
5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City or its contractor, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.
B. Newly Affected Employers.
1. Employers meeting the definition of “affected employer” in this chapter must identify themselves to the City or its contractor within 90 days of either moving into the boundaries outlined in the CTR plan adopted by reference in AHMC 10.16.050 or growing in employment at a worksite to 100 or more affected employees. Employers who do not identify themselves within 90 days are in violation of this chapter.
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 or its contractor. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this chapter are in violation of this chapter.
3. 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 CTR program to the City or its contractor. The program will be developed in consultation with the City or its contractor to be consistent with the goals of the CTR plan adopted by reference in AHMC 10.16.050. The program shall be implemented not more than 90 days after approval by the City or its contractor. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined below.
C. 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 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City or its contractor that it is no longer an affected employer. The burden of proof lies with the employer.
2. If the same employer returns to the level of 100 or more affected employees within the same 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 100 or more affected employees 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. (Ord. C-713 § 9, 2010)
10.16.080 Requirements for employers – RCW 70.94.531.
An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive-alone commute trips. The CTR program must include the mandatory elements as described below.
A. Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:
1. Employee Transportation Coordinator (ETC). The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The ETC and/or designee’s name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the City or its contractor. 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.
2. Information Distribution. Information about alternatives to drive-alone commuting as well as a summary of the employer’s CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer’s CTR program shall also be submitted to the City or its contractor with the employer’s program description and regular report.
B. Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following:
1. Provision of preferential parking for high-occupancy vehicles;
2. Reduced parking charges for high-occupancy vehicles;
3. Instituting or increasing parking charges for drive-alone commuters;
4. Provision of commuter ride-matching services to facilitate employee ridesharing for commute trips;
5. Provision of subsidies for rail, transit, or vanpool fares and/or transit passes;
6. Provision of vans or buses for employee ridesharing;
7. Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;
8. Provision of incentives for employees that do not drive alone to work;
9. Permitting the use of the employer’s vehicles for carpooling or vanpooling;
10. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
11. Cooperation with transportation providers to provide additional regular or express service to the worksite;
12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
15. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips;
16. Establishment of a program of alternative work schedules, such as a compressed workweek, which reduces commute trips;
17. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs;
18. Charging employees for parking, and/or the elimination of free parking; and
19. Other measures that the employer believes will reduce the number and length of commute trips made to the site.
C. CTR Program Report and Description. Affected employers shall review their program and file a regular progress report with the City or its contractor in accordance with the format provided by the City or its contractor.
The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other to implement program elements.
At a minimum, the employer’s CTR program report and description must include:
1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;
2. The number of employees affected by the CTR program and the total number of employees at the site;
3. Documentation on compliance with the mandatory CTR program elements as described in subsection (A) of this section;
4. Description of any additional elements included in the employer’s CTR program as described in subsection (B) of this section; and
5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.
D. Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining 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) at least once every two years, and strive to achieve at least a 70 percent response rate from employees at the worksite. (Ord. C-713 § 10, 2010)
10.16.090 Record keeping.
Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City or its contractor for a minimum of 48 months. The City or its contractor and the employer shall agree on the record keeping requirements as part of the accepted CTR program. (Ord. C-713 § 11, 2010)
10.16.100 Schedule and process for CTR program description and report.
A. Document Review. The City or its contractor 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 or its contractor 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.
B. Schedule. Upon review of an employer’s initial CTR program, the City or its contractor shall establish the employer’s regular reporting date. This report will be provided in a form provided by the City or its contractor consistent with AHMC 10.16.080(C).
C. Modification of CTR Program Elements. Any affected employer may submit a request to the City or its contractor 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.
The City or its contractor may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request.
D. Extensions. An employer may request additional time to submit a CTR program description and report, or to implement or modify a program. Such requests shall be via written notice at least 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 or its contractor shall grant or deny the employer’s extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s regular reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the City or its contractor.
E. Implementation of Employer’s CTR Program. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City or its contractor that the program has been approved or with the expiration of the program review period without receiving notice from the City or its contractor. (Ord. C-713 § 12, 2010)
10.16.110 Enforcement.
A. Compliance. For purposes of this section, “compliance” shall mean:
1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;
2. Providing a complete CTR program description and report on the regular reporting date; and
3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.
B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications:
1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program;
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met the applicable drive-alone or VMT goal, no additional modifications are required;
3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable drive-alone or VMT reduction goal, the City or its contractor shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City or its contractor 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 or its contractor 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 or its contractor within 10 working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this chapter are not met:
1. Failure to self-identify as an affected employer;
2. Failure to perform a baseline measurement, including:
a. Employers notified or that have identified themselves to the City or its contractor within 90 days of the ordinance codified in this chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City or its contractor within 90 days from the notification or self-identification;
b. Employers not identified or self-identified within 90 days of the ordinance codified in this chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City or its contractor within 90 days from the adoption of the ordinance codified in this chapter;
3. Failure to develop and/or submit on time a complete CTR program;
4. 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 this chapter;
5. Submission of false or fraudulent data in response to survey requirements;
6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or
7. Failure to revise an unacceptable CTR program as defined in RCW 70.94.534(4) and this chapter.
D. Penalties. Any affected employer violating any provision of this chapter shall be guilty of a civil infraction and subject to the imposition of civil penalties.
1. Whenever the City or its contractor makes a determination that the affected employer is in violation of this chapter, the City or its contractor shall issue a written notice and order and send it by registered mail, return receipt requested, to the chief executive officer or highest ranking official at the worksite. The notice and order shall contain:
a. The name and address of the affected employer;
b. A statement that the City or its contractor has found the affected employer to be in violation of this chapter with a brief and concise description of the conditions found to be in violation;
c. A statement of the corrective action required to be taken. If the City or its contractor has determined that corrective action is required, the order shall require that all corrective action be completed by a date stated in the notice;
d. A statement specifying the amount of any civil penalty assessed on account of the violation; and
e. A statement advising that the order shall become final unless, no later than 10 working days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the designated Hearing Examiner as well as the name and mailing address of the person with whom the appeal must be filed.
2. Each day of failure to implement the program or violating any provision of this chapter shall constitute a separate violation subject to penalties as described in Chapter 7.80 RCW. The penalty for a first violation shall be $100.00 per working day. The penalty for subsequent violations will be $250.00 per working day for each violation.
3. Penalties will begin to accrue 15 working days following the official date of notice from the City or its contractor. In the event an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the designated Hearing Examiner decide in favor of the appellant, all or a portion of the monetary penalties may be dismissed by the designated Hearing Examiner.
4. 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.
5. 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 or its contractor and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. C-713 § 13, 2010)
10.16.120 Exemptions and goal modifications.
A. Worksite Exemptions. An affected employer may request the City or its contractor to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its 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. Exemptions may be granted by the City or its contractor at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City or its contractor shall grant or deny the request within 30 days of receipt of the request. The City or its contractor shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.
B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a 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 or its contractor will use the criteria identified in the CTR Board administrative guidelines to assess the validity of employee exemption requests. The City or its contractor shall grant or deny the request within 30 days of receipt of the request. The City or its contractor shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
C. Modification of CTR Program Goals.
1. An affected employer may request that the City or its contractor 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 or its contractor 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 City/county approval of its initial program description or annual report. (Ord. C-713 § 14, 2010)
10.16.130 Appeals.
Any affected employer may appeal administrative decisions regarding exemptions, modification of goals, CTR program elements, and violations and penalties to the designated Hearing Examiner. Appeals shall be filed within 15 working days of the administrative decision. All appeals shall be filed with the Clerk of the Board of County Commissioners of Spokane County with offices at West 1116 Broadway Avenue, Spokane, Washington 99260. All appeals shall be in writing and must specify the decision being appealed as well as the specific basis for the appeal.
A. Criteria on Appeals. The designated Hearing Examiner, upon notification of a timely appeal by the Clerk of the Board of County Commissioners of Spokane County, will evaluate the appeal to determine if the decision is consistent with the CTR law and the CTR guidelines. The designated Hearing Examiner may schedule a meeting between the affected employer and the county. The decision of the designated Hearing Examiner shall be reduced to writing. It shall be sent by certified mail, return receipt requested, to the affected employer.
B. Appeal to the Board of County Commissioners. Any affected employer may appeal the written decision of the designated Hearing Examiner to the Board of County Commissioners. Appeals shall be filed within 15 working days of the designated Hearing Examiner’s written decision. All appeals shall be filed with the Clerk of the Board of County Commissioners of Spokane County.
The Board of County Commissioners shall consider only testimony and written documentation submitted to the designated Hearing Examiner on any matter appealed to the Board. No additional evidence shall be considered by the Board of County Commissioners.
Upon receipt of an appeal, the Board of County Commissioners will set a date no later than 30 calendar days, at which they will render their written decision on the appeal.
C. Judicial Appeals. Any decision of the Board of County Commissioners, as provided for in subsection (B) of this section, shall be final and conclusive, unless not later than 20 calendar days from the date of the written decision the affected employer appeals to the Superior Court pursuant to RCW 36.32.330. (Ord. C-713 § 15, 2010)