Chapter 10.24 COMMUTE TRIP REDUCTION PROGRAM

The purpose of this chapter is to establish commute trip reduction program requirements for affected employers within the city. These requirements are intended to promote alternative commute modes and to reduce the total number of single-occupant vehicle commute trips and vehicle miles traveled per employee, thereby decreasing traffic congestion, automobile related air pollution, and energy use within the city. The city recognizes the importance of increasing individual citizens’ awareness of air quality, energy consumption, and traffic congestion, and the contribution that individual actions can make toward addressing these issues. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 1, 1993)

10.24.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

A. “Affected employee” means a full-time employee who begins a 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. (See also definition of “employer.”)

C. “Alternative mode” means any method of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting, and compressed work week schedules if they result in reducing commute trips.

D. “Alternative work schedules” means programs such as compressed work week schedules that eliminate work trips for affected employees.

E. “Base year” means the 12-month period from January 1, 2007, through December 31, 2007, which commences when a major employer is determined by Kitsap Transit to be participating within the CTR program. Kitsap Transit 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.

G. “Carpool” means any motor vehicle, including a motorcycle, 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 on weekdays.

I. “CTR” is the abbreviation of commute trip reduction.

J. “Commute trip reduction (CTR) plan” means the city’s plan that is designed to achieve reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per affected employees of affected employers within the city.

K. “Commute trip reduction (CTR) program” means an employer’s strategies to reduce employees’ drive-alone commute trips and average vehicle miles traveled per employee.

L. “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.

M. “Commuter ride matching service” means a system that assists in matching commuters for the purpose of commuting together.

N. “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 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.

O. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.

P. Repealed by Ord. 2003-22.

Q. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

R. “Drive-alone” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

S. “Drive-alone trips” means commute trips made by employees in single-occupant vehicles.

T. “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program.

U. “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.

V. “Exemption” means a waiver from any or all CTR program requirements granted to an employer by Kitsap Transit based on unique conditions that apply to the employer or employment site.

W. “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.

X. “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.

Y. “Good faith effort” means that an employer has met the following conditions:

1. The employer has met the minimum requirements identified in RCW 70.94.531 and this chapter; and

2. The employer is working collaboratively with Kitsap Transit 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.

Z. Repealed by Ord. 2003-22.

AA. “Implementation” or “implement” 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.

BB. “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.

CC. “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the local jurisdiction.

DD. “Major employment installation” means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the city, at which there are 100 or more affected employees.

EE. “Mode” refers to the means of transportation used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, walking, compressed work week schedule and telecommuting.

FF. “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.

GG. “Presiding officer” means a person or persons designated by Kitsap Transit to hear and determine a contested notice of civil infraction.

HH. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

II. “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.

JJ. “Proportion of drive-alone trips” or “drive-alone rate” means the number of commute trips over a set period made by employees in single-occupancy vehicles (SOVs) divided by the number of potential trips taken by employees working during that period.

KK. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

LL. “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.

MM. “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 location closer to home than the employer’s worksite, reducing the distance traveled in a commute trip by at least half.

NN. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, worker/driver bus, or vanpool.

OO. “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.

PP. “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.

QQ. “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.

RR. “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.

SS. “Week” means a seven-day calendar period, starting on Monday and ending on Sunday.

TT. “Weekday” means any day of the week, except Saturday or Sunday.

UU. “Writing,” “written,” or “in writing” means original, signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed via mail or delivery of the original signed and dated document. (Ord. 2009-16 § 1, 2009: Ord. 2003-22 § 11, 2003; Ord. 99-33 § 1, 1999: Ord. 93-09 § 2, 1993)

10.24.030 City CTR plan.

The goals established for the jurisdiction and affected employers in the city’s 2009 commute trip reduction plan, which is on file with the city clerk’s office, are wholly incorporated herein by reference. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 3, 1993)

10.24.040 Responsible agency.

The city has determined that it is within the public’s best interest to enter into an interlocal agreement with Kitsap Transit pursuant to Chapter 39.34 RCW and RCW 70.94.527, whereby Kitsap Transit will be the agency responsible for implementing and administering the city’s CTR plan and this chapter. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 4, 1993)

10.24.050 Applicability.

The provisions of this chapter shall apply to all affected employers at any single worksite within the incorporated areas of the city. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 5A, 1993)

10.24.060 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:

A. Becomes a Nonaffected Employer. 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 considered an affected employer. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer. The burden of proof lies with the employer;

B. Change in Status within 12 Months. If an employer under subsection A of this section again employs 100 or more affected employees within the same 12 months as its change in status to an “unaffected” employer, that employer will be considered an affected employer for the entire 12 months, and will be subject to the same CTR program requirements as other affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer; and

C. Change in Status after 12 Months. If an employer under subsection A of this section again employs 100 or more affected employees more than 12 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 CTR program requirements as other newly affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 5B, 1993)

10.24.070 Newly affected employers.

A. Reporting Date. Employers meeting the definition of “affected employer” in this chapter must identify themselves to Kitsap Transit within 90 days of either moving into city’s boundaries 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.

B. CTR Baseline Measurement. Newly affected employers shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit. 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.

C. CTR Program Submittal. 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 Kitsap Transit. The program will be developed in consultation with Kitsap Transit to be consistent with the goals of the CTR plan adopted in BIMC 10.24.030. The program shall be implemented not more than 90 days after approval by Kitsap Transit. 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 in BIMC 10.24.230. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 5C, 1993)

10.24.080 Notification of applicability.

A. Publication of Notice. In addition to the city’s established public notification procedures for adoption of an ordinance or an amendment to an ordinance, a notice of availability of a summary of this chapter or an amendment to this chapter, a notice of the requirements and criteria for affected employers to comply with the chapter, shall be published at least once in the city’s official newspaper within 30 days of the effective date of this chapter or any amendments hereto.

B. Notice to Known Affected Employers. Known affected employers within the city shall receive written notification from Kitsap Transit that they are subject to this chapter. Such notices shall be addressed to the employer’s employee transportation coordinator, chief executive officer, senior official, 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 Kitsap Transit. If an affected employer has already performed a baseline measurement, or an alternative acceptable to Kitsap Transit, the employer is not required to perform another baseline measurement.

C. Self-Identification. Affected employers who, for whatever reason, do not receive notification within 30 days of the effective date of this chapter and are either notified or identify themselves to Kitsap Transit within 90 days of the effective date of 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 Kitsap Transit.

D. Time Limits. 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 Kitsap Transit within 90 days from the passage of the ordinance codified in this chapter are in violation of this chapter. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 6, 1993)

10.24.090 CTR program submittal date.

Except as otherwise provided in this chapter, not more than 180 days from the effective date of this chapter, all affected employers within the city shall submit a CTR program to Kitsap Transit. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 7A, 1993)

10.24.100 CTR program implementation date.

Unless extensions are granted as otherwise provided in this chapter, an affected employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from Kitsap Transit that the program has been approved or with the expiration of the program review period outlined in BIMC 10.24.170 without receiving notice from Kitsap Transit. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 7B, 1993)

10.24.110 Mandatory CTR program elements.

An affected employer is required to make a good faith effort, as defined in this chapter and in RCW 70.94.534(2), to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive-alone commute trips. At a minimum, an employer’s CTR program shall include the following elements:

A. Employee Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The ETC’s and/or designee’s name, location, and telephone number must be displayed prominently, 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 Kitsap Transit. The objective is to have an effective transportation coordinator present at each worksite; an affected employer with multiple sites may have one ETC for all sites.

B. 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 with the employer’s program description and regular report.

C. CTR Program Report and Description. 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 this section);

4. Description of any additional elements included in the employer’s CTR program (as described in this section); and

5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.

D. Specific Measures. In addition to the mandatory program elements described above, the employer’s CTR program shall include specific measures to be implemented to meet the CTR goals. These measures may include, but are not limited to, one or more of the following:

1. A provision for preferential parking or reduced parking charges, or both, for high-occupancy vehicles;

2. An implementation or increase of parking charges for drive-alone commuters;

3. A provision for commuter ride matching services to facilitate employee ridesharing for commute trips;

4. A provision for subsidizing transit, rail, or vanpool fares;

5. A provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit’s worker/driver buses) for employee ridesharing;

6. A provision for subsidizing carpools, walking, bicycling, teleworking, compressed schedules or vanpools;

7. A provision permitting the use of the employer’s vehicles for carpooling or vanpooling purposes;

8. A provision permitting flex-time to facilitate employees’ use of transit, carpools, or vanpools;

9. A provision for cooperation with transportation providers to provide additional regular or express service to the worksite;

10. A provision for the construction of special loading and unloading facilities for transit, carpool, and vanpool users;

11. A provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

12. A provision for a parking incentive program, such as a rebate for employees who do not use the parking facilities;

13. A provision establishing a telecommuting program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;

14. A provision establishing a program of alternative work schedules, such as a compressed work week that reduces commuting;

15. A provision establishing a guaranteed ride home program that would guarantee, in cases of emergency, transportation home to those employees who normally use an alternative commute mode;

16. A provision implementing other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services;

17. Other measures that the employer believes will reduce the number and length of commute trips made to the site.

E. Regular Review. Each affected employer must commit to annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall review their program and file an annual progress report with Kitsap Transit. The annual progress report form shall be provided by Kitsap Transit. The progress 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.

F. Biennial Measurement 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.

G. 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 for a minimum of 48 months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 7C, 1993)

10.24.120 Request for modification of CTR program elements.

An affected employer may request a modification of the CTR program elements. This request must be in writing and delivered to Kitsap Transit. An employer’s request for a modification of the CTR program may be granted by Kitsap Transit if either of the following conditions are met:

A. Beyond Employer’s Control. The affected employer demonstrates that it is unable to comply with the CTR program element(s) for which the affected employer seeks an exemption due to reasons beyond the control of the employer; or

B. Undue Hardship. The affected employer demonstrates that compliance with the CTR program element(s) would constitute an undue hardship to the employer. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 7D, 1993)

10.24.130 Exemption from CTR program.

A. Exemption from All Requirements. An affected employer may submit to Kitsap Transit a written request for an exemption from all CTR program requirements, or from penalties for a particular worksite. In making such a request, 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, and/or its location(s). The employer’s request should clearly identify the circumstances under which the affected employer seeks an exemption from all CTR program requirements. An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstance, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive-alone trips and VMT per employee. Exemptions under this section may be granted by Kitsap Transit at any time following the employer’s written request for exemption. Kitsap Transit shall grant or deny the request within 30 days of receipt of the request. Kitsap Transit shall review annually all employers receiving exemptions and shall determine whether the exemption will continue to be in effect during the following program year.

B. Exemption for Employees Using Vehicles for Work. An affected employer may submit to Kitsap Transit a written request to exempt specific employees or groups of employees that are required to drive alone to work as a condition of employment from a worksite’s CTR program. The employer shall provide documentation indicating the number of employees who meet this condition and shall demonstrate that no reasonable alternative commute mode exists for these employees. Kitsap Transit will use the criteria identified in the CTR board administrative guidelines to assess the validity of employee exemption requests. Kitsap Transit shall grant or deny the request within 30 days of receipt of the request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.

C. Exemption for Variable Shift. An affected employer may submit a written request to Kitsap Transit to exempt specific employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Kitsap Transit will use the criteria identified in the CTR board administrative guidelines to assess the validity of an employee exemption request made pursuant to this subsection. Kitsap Transit shall grant or deny the request within 30 days of receipt of the request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 7E, 1993)

10.24.140 Commute trip reduction goals.

A. City-Wide CTR Goals. City 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 are hereby established by the city of Bainbridge Island’s CTR plan incorporated by BIMC 10.24.030. These goals establish the desired level of performance for the CTR program in its entirety in the city.

The city 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 outlined in BIMC 10.24.110.

B. CTR Goals for Affected Employers. The drive-alone and VMT goals for affected employers in the city are hereby established as set forth in the CTR plan incorporated by BIMC 10.24.030.

If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they shall be established by Kitsap Transit at a level designed to achieve the city’s overall goals for the jurisdiction. Kitsap Transit will provide written notification of the goals for each affected employer worksite by providing the information when Kitsap Transit reviews the employer’s proposed program and incorporating the goals into the program approval issued by the city. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 8B, 1993. Formerly 10.24.150)

10.24.150 Modification of CTR program goals.

An affected employer may request that Kitsap Transit modify the employer’s CTR program goals. Such requests shall be in writing and filed with Kitsap Transit at least 60 days prior to the date the employer is required to submit its program description and annual report. The goal modification request must clearly explain why the employer is unable to achieve the applicable goal. The employer must also demonstrate that it has implemented all the elements contained in its approved CTR program. Kitsap Transit shall review and decide requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable goals until at least one year after Kitsap Transit has approved the employer’s initial program description or annual report. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 8C, 1993. Formerly 10.24.160)

10.24.160 Notice of leadership certificate.

As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth in this chapter shall receive a commute trip reduction certificate of leadership from the city. A notice of this certificate of leadership shall be published in the city’s official newspaper. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 9C, 1993. Formerly 10.24.190)

10.24.170 CTR program and annual report review.

Kitsap Transit shall review each affected employer’s initial CTR program to determine if the program is likely to meet the applicable CTR goals. Kitsap Transit shall provide the employer with written notification if the employer’s 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 CTR program or annual report shall be deemed accepted. Kitsap Transit may extend the review period up to 90 days. The implementation date for the employer’s CTR program shall be extended an equivalent number of days. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 10A, 1993. Formerly 10.24.200)

10.24.180 Annual reporting date.

Kitsap Transit shall establish the affected employer’s annual reporting date upon review of the employer’s initial CTR program. Each year on the employer’s reporting date, the employer shall submit to Kitsap Transit its annual CTR program progress report. Kitsap Transit shall provide and the affected employer shall use a standard annual report form consistent with BIMC 10.24.110.C. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 10B, 1993. Formerly 10.24.210)

10.24.190 Extensions.

An affected employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a CTR program. Such requests shall be made in writing to Kitsap Transit not less than 30 days prior to the due date for which the extension is being requested. Extensions not to exceed 90 days may be considered for reasonable causes. Kitsap Transit shall grant or deny the employer’s extension request by written notice within 10 days of receiving the request. If there is no response issued to the employer, an extension shall be automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting the CTR program goals. Extensions granted due to delays or difficulties with any CTR program element(s) shall not be cause for discontinuing or falling 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 Kitsap Transit. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 11, 1993. Formerly 10.24.220)

10.24.200 Compliance.

Except as otherwise provided in this chapter, “compliance” shall mean:

A. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report; and

B. Providing a complete CTR program description and report on the regular reporting date; and

C. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12A, 1993. Formerly 10.24.230)

10.24.210 CTR program modification criteria.

Kitsap Transit shall use the following criteria for achieving goals for VMT per employee and proportion of drive-alone trips in determining requirements for affected employer CTR program modifications:

A. Achieves Either or Both Goals. If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.534(2), and 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.

B. Fails to Achieve Either Goal.

1. With Good Faith Effort. If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.534(2), but has not met the applicable drive-alone or VMT goal, no additional modifications are required.

2. Without Good Faith Effort. If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70.94.534(2), and fails to meet either the applicable drive-alone or VMT reduction goal, Kitsap Transit shall work with the employer to identify necessary modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications, to come into compliance with the measures defined by RCW 70.94.534(2). 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. Kitsap Transit shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is rejected, Kitsap Transit shall 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 written final decision on the required program shall be issued by Kitsap Transit within 10 working days of the conference. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12B, 1993. Formerly 10.24.240)

10.24.220 Violations.

The following shall constitute violations if the deadlines established in this chapter are not met:

A. Failure to develop and/or submit on time a complete CTR program;

B. 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;

C. Failure to revise a CTR program as defined in RCW 70.94.534(4) and stated in this chapter;

D. Failure to self-identify as an affected employer;

E. Failure of a newly affected employer to self-identify as an affected employer;

F. Failure to submit an annual CTR program progress report;

G. Failure to maintain agreed upon CTR program records or perform a baseline measurement, including;

1. Employers notified or that have identified themselves to Kitsap Transit 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 Kitsap Transit within 90 days from the notification or self-identification;

2. 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 Kitsap Transit within 90 days from the adoption of the ordinance codified in this chapter;

H. Intentionally submitting false or fraudulent information, data and/or survey results;

I. Failure to make a good faith effort in meeting the minimum requirements of this chapter as defined in this chapter and in RCW 70.94.534(2). (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12C, 1993. Formerly 10.24.250)

10.24.230 Penalties.

A. Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I civil infraction, and subject to civil penalties. Pursuant to RCW 7.80.120, Kitsap Transit shall issue civil infractions pursuant to this chapter.

B. Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided.

C. Failure Due to Union. 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:

1. 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

2. Advise the union of the existence of the statute, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with state law.

D. Not Liable. 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 goals. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12D, 1993. Formerly 10.24.260)

10.24.240 Adjudicative procedure.

A. Service of the Notice of Infraction. An adjudicative procedure under this chapter shall be commenced by the issuance of a notice of civil infraction. Service of a notice of civil infraction shall be by personal service or by certified mail, return receipt requested.

B. Contents of the Notice of Civil Infraction. The notice of civil infraction shall contain the following:

1. A statement that the notice represents a determination that a civil infraction has been committed by the affected employer or newly affected employer named in the notice and that the determination is final unless contested as provided in this chapter;

2. A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

3. A statement identifying the party issued the notice of civil infraction;

4. A statement identifying the nature of the violation for which the notice was issued;

5. A statement of the monetary penalty established for the civil infraction;

6. A statement identifying the party’s right to appeal the notice of civil infraction, and the appeal procedure;

7. A statement that a party must respond to a notice of civil infraction within 15 days of the date the notice of civil infraction is received;

8. A statement that failure to respond to the notice of civil infraction as directed in this chapter shall result in the entry of a default judgment against the party named in the notice of civil infraction for the cited monetary penalty.

C. Failure to Respond. A notice of civil infraction represents a determination that a civil infraction has been committed. The determination shall be final unless appealed as provided in this chapter.

D. Hearing on a Civil Infraction.

1. An affected employer or newly affected employer issued a notice of civil infraction may request a hearing on the notice of civil infraction by submitting to the presiding officer a written request for a hearing not later than 15 days from the date the notice of civil infraction was served. For the purpose of this subsection, a notice of civil infraction that is served via certified mail, return receipt requested, shall be deemed to have been served three days after the notice was placed in the U.S. mail.

2. The presiding officer shall schedule a meeting between the affected employer or newly affected employer and the presiding officer not later than 15 days after a timely hearing request is filed. At such meeting, the affected employer or newly affected employer shall explain its view of the alleged infraction and the presiding officer shall explain Kitsap Transit’s view of the matter.

3. The presiding officer shall consider the testimony offered by the employer or newly affected employer and Kitsap Transit’s position in reviewing the propriety of the notice of infraction. If the presiding officer shall, within 10 days after the meeting, serve the employer and Kitsap Transit with a written determination. The written determination shall state the presiding officer’s reason(s) for affirming or overturning the notice of infraction. In cases where the presiding officer affirms the notice of infraction, the written determination shall also include information about appeal procedures.

4. The written findings of the presiding officer shall be considered an initial order. If the affected or newly affected employer does not appeal as provided for in this chapter, the initial order shall become the final order. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12E, 1993. Formerly 10.24.270)

10.24.250 Appeals.

A. Venue. The affected or newly affected employer may appeal the initial order of the presiding officer to the south division of the Kitsap County district court. Alternatively, the employer may appeal the initial order pursuant to the administrative process set forth in subsection C of this section.

B. Time. An appeal of the presiding officer’s initial order pursuant to this section shall be commenced by filing, within 30 days of the issuance of the presiding officer’s written determination, a written notice of appeal with the district court, in cases where the employer seeks review by the district court, or with Kitsap Transit, in cases where the employer seeks administrative review pursuant to this section.

C. Administrative Review Process.

1. Upon receiving a timely written notice of appeal of the presiding officer’s initial order, Kitsap Transit shall hire and pay for a hearing examiner for the sole purpose of hearing the appeal of the order.

2. Appeals shall be heard within 60 days of the date the notice of appeal is received by Kitsap Transit; provided, that no appeal shall be set less than 15 days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review.

3. The hearing examiner shall evaluate employers’ appeals of initial orders issued pursuant to BIMC 10.24.240 by determining if the decisions were consistent with this chapter, the statute, and the CTR board administrative guidelines. The presiding officer’s initial order may be overturned by the hearing examiner if the employer establishes that the violations for which the employer was cited occurred for the reasons beyond the control of the employer, or, in cases where the employer was cited for failing to modify its CTR program as directed by Kitsap Transit, the employer establishes that the modifications required by Kitsap Transit are unlikely to reduce the proportion of drive-alone commute trips and/or VMT per employee.

4. The decision of the hearing examiner shall be final, unless appealed to the Kitsap County superior court within 20 days from the date of the issuance of the decision. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 13, 1993. Formerly 10.24.280)