Chapter 6.12
COMMUTE TRIP REDUCTION*
Sections:
6.12.010 Short title.
6.12.020 CTR program goals.
6.12.030 Definitions.
6.12.040 Responsible city officials.
6.12.050 Applicability.
6.12.060 Requirements for employers.
6.12.070 Record keeping.
6.12.080 Schedule and process for CTR program description and report.
6.12.090 Compliance.
6.12.100 Program modification criteria.
6.12.110 Violations.
6.12.120 Penalties.
6.12.130 Exemptions and goal modifications.
6.12.140 Appeal of administrative decisions.
*Cross reference(s) – Traffic code, ch. 9.36; environmental management, title 11.
6.12.010 Short title.
This chapter shall be known as the Commute Trip Reduction (CTR) Ordinance, and may be cited as such.
6.12.020 CTR program goals.
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 are set forth in the city’s CTR plan adopted herein by this reference. These goals establish the desired level of performance for the CTR program in its entirety in Kent, including drive alone and VMT goals for affected employers and newly affected employers.
(Ord. No. 3917, § 2, 6-2-09)
6.12.030 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. Affected employee means a full-time employee who is scheduled to begin his or her regular work day at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (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 one hundred (100) or more full-time employees at a single worksite covered by the commute trip reduction plan who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months. Construction worksites, when the expected duration of the construction is less than two (2) 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 work week schedules if they result in reducing commute trips.
D. Alternative work schedules means programs that eliminate work trips for affected employees.
E. Base year means the twelve (12) month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The city uses this twelve (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 a motor vehicle, including a motorcycle, occupied by two (2) to six (6) people of at least sixteen (16) years of age traveling together for their commute trip, resulting in the reduction of a minimum of one (1) motor vehicle commute trip.
H. City means the city of Kent.
I. Commute trips means trips made from a worker’s home to a worksite on any weekday.
J. Commute trip reduction (CTR) plan means the city of Kent’s Commute Trip Reduction Local Plan 2008-2011. The CTR plan is referenced in the Kent Transportation Master Plan adopted by Ordinance No. 3883, which is an element of the Kent Comprehensive Plan. It is adopted by this reference in this chapter.
K. Commute trip reduction (CTR) program means an employer’s strategies to reduce employees’ drive alone commutes and average VMT 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. 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 (1) work day every two (2) 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 (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements.
N. Custom bus/buspool means a commuter bus service arranged specifically to transport employees to work.
O. Dominant mode means the mode of travel used for the greatest distance of a commute trip.
P. Drive alone means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle.
Q. Drive alone trips means commute trips made by employees in single-occupant vehicles.
R. Employee means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.
S. Employee transportation coordinator (ETC) means a person who is designated as responsible for the development, implementation and monitoring of an employer’s CTR program.
T. 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.
U. Exemption means a waiver from any or all CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.
V. Flex time means an employer that provides work schedules allowing individual employees flexibility in choosing the start and end time, but not the number of their working hours.
W. Full-time employee means a person, other than an independent contractor, whose position is scheduled on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week.
X. Good faith effort means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is also working collaboratively with the city 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.
Y. 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 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.
Z. Major employer means a private or public employer, including state agencies, 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. on weekdays for at least twelve (12) continuous months.
AA. Major employer worksite or affected employer worksite or worksite means the physical location occupied by a major employer, as determined by the local jurisdiction.
BB. 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 one hundred (100) or more affected employees.
CC. Mode means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, bicycle, walking, compressed work week schedule and telecommuting.
DD. Newly affected employer means an affected employer either moving into the boundaries outlined in the CTR plan or growing in employment at a worksite to one hundred (100) or more affected employees.
EE. Notice means written communication delivered via the United States Postal Service with return receipt requested. Service shall be deemed sufficient three (3) 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.
FF. Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
GG. 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.
HH. 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.
II. Ride matching service means a system which assists in matching commuters for the purpose of commuting together.
JJ. Telecommuting or teleworking 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.
KK. 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.
LL. Transportation demand management (TDM) means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
MM. 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.
NN. Vanpool means a vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one (1) motor vehicle trip.
OO. Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.
PP. Week means a seven (7) day calendar period starting on Monday and continuing through Sunday.
QQ. Weekday means any day of the week except Saturday or Sunday.
RR. 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.
(Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09. Formerly 6.12.020)
6.12.040 Responsible city officials.
The public works director, or his/her designate(s), is hereby authorized to implement this chapter, the CTR plan and the city CTR program.
(Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09. Formerly 6.12.030)
6.12.050 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the limits of the city of Kent.
A. 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 the ordinance codified in this chapter, 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 city’s official newspaper not more than thirty (30) days after passage of the ordinance codified in this chapter or revisions.
2. Affected employers 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, or ETC of the worksite or upon the registered agent for the affected employee. Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the city.
3. Affected employers that, for whatever reason, do not receive notice within thirty (30) days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within ninety (90) days of the passage of the ordinance codified in this chapter will be granted an extension to assure up to ninety (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 ninety (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 within ninety (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, under previous iterations of the ordinance codified in this chapter, the employer is not required to perform another baseline measurement.
6. Any existing employer of seventy-five (75) or more employees who obtains a business license in the city shall be required to complete an employer assessment form, provided to the employer by the city, to determine whether or not that employer will be deemed affected, or nonaffected, in accordance with the provisions of this chapter.
B. New affected employers.
1. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the city within ninety (90) days of either moving into the boundaries outlined in the CTR plan or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within ninety (90) days are in violation of this chapter.
2. Newly affected employers identified as such shall be given ninety (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 ninety (90) days of receiving written notification that they are subject to this chapter are in violation of this chapter.
3. Not more than ninety (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. The program will be developed in consultation with the city staff appointed by the public works director to be consistent with the goals of the CTR plan. The program shall be implemented not more than ninety (90) days after approval by the city. 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 KCC 6.12.120.
C. Change in status of 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. The burden of proof lies with the 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 twelve (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 new affected employer and will be subject to the same program requirements as other new affected employers.
(Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09. Formerly 6.12.060)
6.12.060 Requirements for employers.
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 following mandatory elements:
A. Mandatory program elements and implementation requirements. Employers are required to make a good faith effort to achieve the goals identified in KCC 6.12.020. Each employer’s CTR program shall include the following mandatory elements:
1. Employee transportation coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The ETC’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.
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 at the time of hire shall also be submitted to the city with the employer’s program description and regular report.
B. Additional program elements. In addition to the specified program elements described above, the employer’s CTR program shall include additional elements as needed to meet the CTR goals. 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. Elements may include, but are not limited to, one (1) or more of the following:
1. Preferential parking for high-occupancy vehicles;
2. Reduced parking charges for high-occupancy vehicles;
3. Increasing parking charges for drive alone commuters;
4. Commuter ride matching services to facilitate employee ridesharing for commute trips;
5. Subsidies for rail, transit, or vanpool fares and/or transit passes;
6. Vans or buses for employee ridesharing;
7. Subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;
8. Incentives for employees that do not drive alone to work;
9. Use of the employer’s vehicles for carpooling or vanpooling;
10. Flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
11. Additional regular or express service to the worksite, in cooperation with transit service providers;
12. Special loading and unloading facilities for transit, carpool, and vanpool users;
13. Bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
14. A program of parking incentives such as a rebate for employees who do not use the parking facilities;
15. Program(s) 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. Program(s) of alternative work schedules, such as a compressed work week, which reduces commute trips;
17. 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. 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 program report and description on the forms provided by the city.
1. General. The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reported period.
2. Minimum requirements. At a minimum, the employer’s CTR program report and description must include:
a. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;
b. The number of employees affected by the CTR program and the total number of employees at the site;
c. Documentation on compliance with the mandatory CTR program elements (as described in subsection (A) of this section);
d. Description of any additional elements included in the employer’s CTR program (as described in subsection (B) of this section); and
e. 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 (2) years, and strive to achieve at least a seventy (70) percent response rate from employees at the worksite.
(Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09. Formerly 6.12.070)
6.12.070 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 forty-eight (48) months or until authorized by the city to dispose of such records.
(Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09. Formerly 6.12.080)
6.12.080 Schedule and process for CTR program description and report.
A. Document review. CTR program reports must be approved by the city. The city shall provide the employer with written notification if a CTR program does not meet the minimum program requirements (KCC 6.12.060). The city may extend the review period up to ninety (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 shall establish the employer’s regular reporting date. This report will be provided in a form provided by the city consistent with KCC 6.12.060(C).
C. Modification of CTR program elements. Any affected employer may submit a request to the city for modification of CTR requirements. Such request may be granted if one (1) 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 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 thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request by written notice within ten (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 thirty (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. Modifications shall be made in accordance with subsection (C) of this section.
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 ninety (90) days after receiving written notice from the city that the program has been approved.
(Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09. Formerly 6.12.090)
6.12.090 Compliance.
For purposes of 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;
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. No. 3917, § 2, 6-2-09)
6.12.100 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 CTR program modifications:
A. 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;
B. 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.
C. 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 shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined by RCW 70.94.534(2), including specified 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 thirty (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 thirty (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 ten (10) working days of the conference.
6.12.110 Violations.
Any one or more of the following constitute violations of this chapter:
A. Failure to self-identify as an affected employer and/or to provide the baseline measurement as required by Sections 6.12.050(A) and (B).
B. Failure to develop and/or submit, on time, a complete CTR program.
C. 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.
D. Submission of false or fraudulent data in response to survey requirements.
E. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter.
F. Failure to revise a CTR program as required by RCW 70.94.534(4) and this chapter.
6.12.120 Penalties.
A. 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.
B. Each day of violation shall constitute a separate violation and shall be subject to penalties in the amount assessed for Class 1 civil infractions set forth in RCW 7.80.120(1)(a).
C. An affected employer shall not be liable for 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 and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law RCW 70.94.531.
6.12.130 Exemptions and goal modifications.
A. Worksite exemptions. An affected employer may request the city to grant an extension 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 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 shall grant or deny the request within thirty (30) days of receipt of the request. The city 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 will use the criteria identified in the CTR board administrative guidelines to assess the validity of employee exemption requests. The city shall grant or deny the request within thirty (30) days of receipt of the request. The city 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 modify its CTR program goals. Such requests shall be filed in writing at least sixty (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 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 (1) year after city approval of its initial program description or annual report.
(Ord. No. 3917, § 2, 6-2-09)
6.12.140 Appeal of administrative decisions.
A. Affected employers shall be notified in writing of the city’s decision regarding unacceptable programs, exemptions, modification of goals, modification of CTR program elements, and violations.
B. Employers shall have thirty (30) days following notification by the city to file an appeal of these decisions with the Kent hearing examiner.
C. Hearings before the hearing examiner shall be held according to the procedures set forth in Ch. 2.32 KCC. The hearing examiner’s decision shall represent final action by the city, unless an appeal is made to the superior court of King County within ten (10) working days after issuance of such decisions.
(Ord. No. 3917, § 2, 6-2-09)