Chapter 12.10
OLYMPIA COMMUTE TRIP REDUCTION PLAN
Sections:
12.10.010 Definitions.
12.10.020 Olympia Commute Trip Reduction Plan.
12.10.030 Commute Trip Reduction Coordinator.
12.10.040 Applicability and Notification.
12.10.050 Record Keeping.
12.10.060 Schedule and Process for Employee Commute Trip Reduction Reports.
12.10.070 Enforcement.
12.10.080 Exemptions and Goal Modifications.
12.10.090 Appeals.
(Ord. 6679 §2, 2009)
12.10.010 - Definitions
For the purpose of this Ordinance, the following definitions shall apply in the interpretation and enforcement of this Ordinance:
A. "Affected Employee" means a full-time employee who begins 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 2 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 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 2 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 work week schedules if they result in reducing commute trips.
D. "Alternative Work Schedules" mean programs such as compressed work week 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. Olympia 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 Olympia.
G. "Carpool" means a 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" mean 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 Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least 1 work day every 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 10-hour days or 80 hours in 9 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 1 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, non-profit, or private, that employs workers.
S. "Exemption" means a waiver from any or all CTR program requirements granted to an employer by Olympia 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.
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 Ordinance, and is working collaboratively with Olympia 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 70.94.521-555 and this Ordinance as evidenced by appointment of an Employee Transportation Coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule.
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 work day 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 Olympia, at which there are 100 or more affected employees.
AA. "Mode" means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting.
BB. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted 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.
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 occupancy 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. "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.
HH. "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.
II. "Transportation Demand Management (TDM)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
JJ. "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.
KK. "Vanpool" means a vehicle occupied by from 5 to 15 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.
LL. "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.
MM. "Week" means a 7-day calendar period starting on Monday and continuing through Sunday.
NN. "Weekday" means any day of the week except Saturday or Sunday.
OO. "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. 6679 §2, 2009)
12.10.020 - Olympia Commute Trip Reduction Plan
The CTR Plan for the City of Olympia is set forth in Exhibit A and is wholly incorporated herein by reference as the CTR Plan for the City of Olympia. The City of Olympia may contract with a firm or agency for the implementation of all or part of the CTR Plan. The adoption of the CTR Plan does not commit the City of Olympia to additional funding of the Plan’s implementation.
(Ord. 6679 §2, 2009)
12.10.030 - Commute Trip Reduction Coordinator
The Public Works Director is authorized to designate a CTR Coordinator(s) who shall be in charge of implementing this Ordinance. The implementation and enforcement of this chapter and the CTR Plan is dependent on resources and budget appropriation.
(Ord. 6679 §2, 2009)
12.10.040 - Applicability and Notification
The provisions of this Ordinance shall apply to any affected employer within the geographic limits of the CTR Plan adopted in Section 12.10.020.
A. Notification of Applicability
1. In addition to Olympia’s established public notification for adoption of an ordinance, a notice of availability of a summary of this Ordinance, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in Olympia’s official newspaper not more than 30 days after passage of this Ordinance or revisions.
2. Affected employers located in Olympia are to receive written notification that they are subject to this Ordinance. Such notice shall be addressed to the company’s chief executive officer, senior official, 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 Olympia.
3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to Olympia within 90 days of the passage of the ordinance will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by Olympia.
4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by Olympia within 90 days from the passage of the ordinance are in violation of this Ordinance.
5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to Olympia, under previous iterations of this Ordinance, the employer is not required to perform another baseline measurement.
B. Newly Affected Employers
1. Employers meeting the definition of "affected employer" in this Ordinance must identify themselves to Olympia within 90 days of either moving into the boundaries outlined in the CTR Plan adopted in Section 12.10.020 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 Ordinance.
2. Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by Olympia. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this Ordinance are in violation of this Ordinance.
3. 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 Olympia. The program will be developed in consultation with the CTR Coordinator to be consistent with the goals of the CTR Plan adopted in Section 12.10.020. The program shall be implemented not more than 90 days after approval by Olympia. Employers who do not implement an approved CTR Program according to this schedule are in violation of this Ordinance and subject to the penalties outlined in Section 12.10.070.D 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 Olympia 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.
4. This section only applies when the CTR Plan as approved in Section 12.10.020 designates the employer as affected based on location within the geographic limits of the plan. If the CTR Plan affects the employer based on a location within a Growth and Transportation Efficiency Center, and the employer meets the criteria laid out for that Center, then the Center’s requirements will apply.
(Ord. 6679 §2, 2009)
12.10.050 - 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 Olympia for a minimum of 48 months. Olympia and the employer shall agree on the record keeping requirements as part of the accepted CTR Program.
(Ord. 6679 §2, 2009)
12.10.060 - Schedule and Process for Employee Commute Trip Reduction Reports
A. Document Review
Olympia 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. Olympia 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, Olympia shall establish the employer’s regular reporting date. This report will be provided in a form provided by Olympia.
C. Modification of CFR Program Elements
Any affected employer may submit a request to Olympia 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.
Olympia 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. Olympia 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 Olympia.
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 Olympia that the program has been approved or with the expiration of the program review period without receiving notice from Olympia.
(Ord. 6679 §2, 2009)
12.10.070 - 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 Ordinance, 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 Ordinance, and fails to meet the applicable drive alone or VMT reduction goal, Olympia 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. Olympia shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, Olympia 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 Olympia within 10 working days of the conference.
C. Violations
The following constitute violations if the deadlines established in this Ordinance 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 Olympia within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by Olympia within 90 days from the notification or self-identification;
b. Employers not identified or self-identified within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by Olympia within 90 days from the adoption of the ordinance;
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 ordinance;
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 Ordinance; or
7. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this Ordinance.
D. Penalties
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 CTR program goal. Any affected employer violating any provision of this section shall be guilty of a civil infraction and subject to the imposition of civil penalties pursuant to RCW 7.80.
1. Whenever the CTR Coordinator makes a determination that an affected employer is in violation of this Ordinance, the CTR Coordinator shall issue a notice of civil infraction in accordance with RCW Chapter 7.80 as adopted or hereinafter amended.
2. Each infraction shall constitute a separate violation.
3. Each day that an affected employer is in violation shall constitute a separate violation.
4. Penalties will begin to accrue 15 days following the notice of civil infraction. In the event that an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the appeal be decided in favor of the appellant, all of the monetary penalties will be dismissed.
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 CTR Coordinator and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).
6. Schedule of Penalties. The violation of any provision of this Ordinance is designated as a Class 2 Civil Infraction pursuant to RCW Chapter 7.80. Additional assessments maybe imposed in accordance with RCW 3.62.090 and other applicable statutory requirements.
(Ord. 6679 §2, 2009)
12.10.080 - Exemptions and Goal Modifications
A. Worksite Exemptions
An affected employer may request Olympia 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 the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by Olympia 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. Olympia shall grant or deny the request within 30 days of receipt of the request. Olympia 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. Olympia will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. Olympia shall grant or deny the request within 30 days of receipt of the request. Olympia 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 Olympia 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 Olympia 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. 6679 §2, 2009)
12.10.090 - Appeals
A. CTR Appeals Board. The CTR Coordinator is hereby authorized to develop procedures implementing an appeals process and establish a CTR Appeals Board to review such appeals. Such a board should be composed of both representatives of appropriate local jurisdictions and selected affected employers.
B. Appeals Process. Any affected employer may appeal administrative decisions regarding exemptions, goal modifications, program element modifications, and violations to a CTR Appeals Board. In the event of a violation, the affected employer shall be notified of the intent to impose penalties and the manner in which penalties may be appealed.
The appeal should be addressed to the CTR Coordinator which will refer the matter to the CTR Appeals Board.
The decision of the CTR Appeals Board is final. An affected employer may, within 30 days of the notice of final decision, appeal the CTR Appeals Board’s decision to the Thurston County Superior Court.
(Ord. 6679 §2, 2009)