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Chapter 15.01
Commute Trip ReductionSections:
15.01.010 Purpose.
15.01.020 Abbreviations.
15.01.030 “Affected Employee” Defined.
15.01.040 “Affected Employer” Defined.
15.01.050 “Alternative Mode” Defined.
15.01.060 “Alternative Work Schedules” Defined.
15.01.070 “Base Year” Defined.
15.01.080 “Buspool” Defined.
15.01.090 “Carpool” Defined.
15.01.100 “Commute Trip” Defined.
15.01.110 “Commute Trip Reduction Plan” Defined.
15.01.120 “Commute Trip Reduction Program” Defined.
15.01.130 “CTR Zone” Defined.
15.01.135 “Commuter Ride-Matching Service” Defined.
15.01.140 “Compressed Work Week” Defined.
15.01.145 “Custom Bus” or “Buspool” Defined.
15.01.160 “Dominant Mode” Defined.
15.01.170 “Employer” Defined.
15.01.172 “Exemption” Defined.
15.01.174 “Flex Time” Defined.
15.01.180 “Full-Time Employee” Defined.
15.01.185 “Good Faith Effort” Defined.
15.01.195 “Implementation” Defined.
15.01.200 “Mode” Defined.
15.01.205 “Notice” Defined.
15.01.210 “Peak Period” Defined.
15.01.215 “Peak Period Trip” Defined.
15.01.220 “Proportion of Single-Occupancy Vehicle Trips Rate” Defined.
15.01.230 “Single-Occupancy Vehicle (SOV)” Defined.
15.01.235 “Single-Occupant Vehicle (SOV) Trips” Defined.
15.01.240 “Single Worksite” Defined.
15.01.250 “Telecommuting” Defined.
15.01.252 “Transit” Defined.
15.01.254 “Transportation Coordinator” Defined.
15.01.260 “Transportation Demand Management” Defined.
15.01.265 “Transportation Management Association/Organization (TMA/TMO)” Defined.
15.01.270 “Transit” Defined.
15.01.280 “Transportation Coordinator” Defined.
15.01.290 “Vanpool” Defined.
15.01.300 “Vehicle Miles Traveled (VMT) Per Employee” Defined.
15.01.310 “Week” Defined.
15.01.320 “Weekday” Defined.
15.01.330 “Writing,” “Written” and “In Writing” Defined.
15.01.340 City CTR Plan.
15.01.350 Responsible City Agency.
15.01.360 Applicability.
15.01.370 Notice of Applicability.
15.01.380 Newly Affected Employers.
15.01.390 Change in Status as Affected Employer.
15.01.400 CTR Program.
15.01.410 CTR – Program Mandatory Elements.
15.01.420 Modification of CTR Program Elements.
15.01.422 Modification of CTR Program Goals.
15.01.424 Modification of CTR Zone.
15.01.430 Exemptions from CTR Program Requirement.
15.01.440 CTR Goals.
15.01.460 Schedule and Process for CTR Reports.
15.01.470 Extensions.
15.01.480 Compliance.
15.01.485 Credit for Transportation Demand Management Efforts.
15.01.490 Violations.
15.01.500 Penalties.
15.01.510 Appeals.
15.01.010 Purpose.
The purpose of this chapter is to comply with the requirement of RCW 70.94.527 for an ordinance adopting a commute trip reduction plan to improve air quality, reduce traffic congestion and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to the single-occupant vehicle for the commute trip.
[Ord. passed: 2/1/1993]
15.01.020 Abbreviations.
A. “CTR” is an abbreviation of “commute trip reduction.”
B. “SOV” is an abbreviation of “single-occupant vehicle,” defined in SMC 15.01.230.
C. “VMT” is an abbreviation of “vehicle miles traveled.”
[Ord. passed: 9/20/1999]
15.01.030 “Affected Employee” Defined.
“Affected employee” means a full-time employee who is scheduled to begin his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months.
Seasonal agricultural employees, including seasonal employees of processors of agricultural products are excluded from the count of affected employees.
[Ord. C32485 § 2; Passed: 9/20/1999]
15.01.040 “Affected Employer” Defined.
“Affected employer” means an employer that employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
[Ord. C32485 § 3; Passed: 9/20/1999]
15.01.050 “Alternative Mode” Defined.
“Alternative mode” means any means of commute transportation other than that in which the single-occupant vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips.
[Ord. C32485 § 4; Passed: 9/20/1999]
15.01.060 “Alternative Work Schedules” Defined.
“Alternative work schedules” mean programs such as compressed work weeks that eliminate work trips for affected employees.
[Ord. C32485 § 5; Passed: 9/20/1999]
15.01.070 “Base Year” Defined.
“Base year” means the period on which year goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips are based.
[Ord. C32485 § 6; Passed: 9/20/1999]
15.01.080 “Buspool” Defined.
Renumbered to SMC 15.01.145.
[Ord. C32485 § 13; Passed: 9/20/1999]
15.01.090 “Carpool” Defined.
“Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
[Ord. C32485 § 7; Passed: 9/20/1999]
15.01.100 “Commute Trip” Defined.
“Commute trip” means a trip made from a worker’s home to a worksite with a regularly scheduled arrival time to meet a scheduled start time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
[Ord. C32485 § 8; Passed: 9/20/1999]
15.01.110 “Commute Trip Reduction Plan” Defined.
“Commute Trip Reduction (CTR) Plan” means Spokane County’s plan (along with implementing Spokane County and City ordinances) to regulate and administer the CTR programs of affected employers within the city.
[Ord. C32485 § 9; Passed: 9/20/1999]
15.01.120 “Commute Trip Reduction Program” Defined.
“Commute trip reduction (CTR) program” means an employer’s strategies to reduce affected employees’ SOV use and VMT per employee.
[Ord. C32485 § 10; Passed: 9/20/1999]
15.01.130 “CTR Zone” Defined.
“Commute trip reduction (CTR) zone” means a geographic area, such as a census tract or combination of census tracts, characterized by similar employment density, population density, level of transit service, parking availability, access to high-occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
[Ord. C30683; Passed: 2/1/1993]
15.01.135 “Commuter Ride-Matching Service” Defined.
“Commuter ride-matching service” means a system that assists in matching commuters for the purpose of commuting together.
[Ord. C32485 § 11; Passed: 9/20/1999]
15.01.140 “Compressed Work Week” Defined.
“Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may also include other arrangements.
[Ord. C32485 § 12; Passed: 9/20/1999]
15.01.145 “Custom Bus” or “Buspool” Defined.
“Custom bus” or “buspool” means a commuter bus service arranged specifically to transport employees to work.
[Ord. C32485 § 13; Passed: 9/20/1999]
15.01.160 “Dominant Mode” Defined.
“Dominant mode” means the mode of travel used for the greatest distance of a commute trip.
[Ord. C30683; Passed: 2/1/1993]
15.01.170 “Employer” Defined.
“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.
[Ord. C30683; Passed: 2/1/1993]
15.01.172 “Exemption” Defined.
“Exemption” means a waiver from any or all CTR program requirements granted to an employer based on unique conditions that apply to the employer or employment site.
[Ord. C32485 § 15; Passed: 9/20/1999]
15.01.174 “Flex Time” Defined.
“Flex time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.
[Ord. C32485 § 16; Passed: 9/20/1999]
15.01.180 “Full-Time Employee” Defined.
“Full-time employee” means a person other than an independent contractor scheduled to be employed on a continuous basis for fifty-two weeks a year for an average of thirty-five hours or more per week.
[Ord. C30683; Passed: 2/1/1993]
15.01.185 “Good Faith Effort”Defined.
“Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the City 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.
[Ord. C32485 § 17; Passed: 9/20/1999]
15.01.195 “Implementation” Defined.
“Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to its approved CTR program and schedule.
[Ord. C32485 § 19; Passed: 9/20/1999]
15.01.200 “Mode” Defined.
“Mode” refers to the means of transportation used by employees, such as single-occupant vehicle, rideshare vehicle (carpool, vanpool) transit, ferry, bicycle, walking, compressed work schedule and telecommuting.
[Ord. C32485 § 20; Passed: 9/20/1999]
15.01.205 “Notice” Defined.
“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.
[Ord. C32485 § 21; Passed: 9/20/1999]
15.01.210 “Peak Period” Defined.
“Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
[Ord. C30683; Passed: 2/1/1993]
15.01.215 “Peak Period Trip” Defined.
“Peak period trip” means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
[Ord. C32485 § 22; Passed: 9/20/1999]
15.01.220 “Proportion of Single-Occupancy Vehicle Trips Rate” Defined.
“Proportion of single-occupancy vehicle trips or ‘SOV’ rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of potential trips taken by affected employees working during that period.
[Ord. C32485 § 23; Passed: 9/20/1999]
15.01.230 “Single-Occupancy Vehicle (SOV)” Defined.
“Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
[Ord. C32485 § 24; Passed: 9/20/1999]
15.01.235 “Single-Occupant Vehicle (SOV)” Trips Defined.
“Single-occupant vehicle (SOV) trips” means commute trips made by affected employees in SOVs.
[Ord. C32485 § 25; Passed: 9/20/1999]
15.01.240 “Single Worksite” Defined.
“Single worksite” means a building or group of buildings:
A. on physically contiguous parcels of land; or
B. on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.
[Ord. C32485 § 26; Passed: 9/20/1999]
15.01.250 “Telecommuting” Defined.
“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.
[Ord. C32485 § 27; Passed: 9/20/1999]
15.01.252 “Transit” Defined.
“Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool.
[Ord. C32485 § 28; Passed: 9/20/1999]
15.01.254 “Transportation Coordinator” Defined.
“Transportation coordinator” means a designated person who is an employee of the affected employer and who is accessible to a worksite’s employees in order to carry out the commute reduction requirements contained in this chapter and act as liaison between the employer and the City.
[Ord. C32485 § 29; Passed: 9/20/1999]
15.01.260 “Transportation Demand Management” Defined.
“Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
[Ord. C32485 § 30; Passed: 9/20/1999]
15.01.265 “Transportation Management Association/Organization (TMA/TMO)” Defined.
“Transportation management association/organization” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA/TMO may represent employers within the city, or may have a sphere of influence that extends beyond city limits to include areas and cities within Spokane County.
[Ord. C32485 § 31; Passed: 9/20/1999]
15.01.270 “Transit” Defined.
Renumbered to SMC 15.01.252.
[Ord. C32485 § 28; Passed: 9/20/1999]
15.01.280 “Transportation Coordinator” Defined.
Renumbered to SMC 15.01.254.
[Ord. C32485 § 29; Passed: 9/20/1999]
15.01.290 “Vanpool” Defined.
“Vanpool” means a vehicle occupied by seven to fifteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. A vanpool trip counts as zero vehicle trips.
[Ord. C32485 § 32; Passed: 9/20/1999]
15.01.300 “Vehicle Miles Traveled (VMT) Per Employee” Defined.
“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.
[Ord. C30683; Passed: 2/1/1993]
15.01.310 “Week” Defined.
“Week” means a seven-day calendar period starting on Monday and continuing through Sunday.
[Ord. C30683; Passed: 2/1/1993]
15.01.320 “Weekday” Defined.
“Weekday” means any day of the week except Saturday, Sunday, or a legal holiday.
[Ord. C30683; Passed: 2/1/1993]
15.01.330 “Writing,” “Written” and “In Writing” Defined.
“Writing,” “written,” or “in writing” means original signed and dated documents.
Facsimile (fax) or electronic mail (e-mail) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery.
[Ord. C32485 § 33; Passed: 9/20/1999]
15.01.340 City CTR Plan.
The revised City CTR Plan is as set forth in Attachment A to the Spokane County Commute Trip Reduction Ordinance.
[Ord. C32485 § 34; Passed: 9/20/1999]
15.01.350 Responsible City Agency.
The City is responsible for implementing this chapter. This responsibility may be exercised directly by City administrative staff or by contracting with another agency.
[Ord. C30683; Passed: 2/1/1993]
15.01.360 Applicability.
This chapter applies to all affected employers at any single worksite within the city limits. Employees are counted only at their primary area worksite. It is the responsibility of the employer to notify the City of a change in status as an affected employer.
[Ord. C32485 § 35; Passed: 9/20/1999]
15.01.370 Notice of Applicability.
A. Publication of Notice. The City will publish a notice of any amendment of this chapter at least once in the City’s official newspaper within thirty calendar days of the effective date of such amendment.
B. Notice to Known Affected Employers. The City will send to each employer within the city known to be an affected employer written notice that the employer is subject to this chapter. Such notices are addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite.
C. Self-Identification. Affected employers that have not been identified and that have not identified themselves and submitted a CTR program within one hundred eighty days of the passage of this chapter are in violation of this chapter.
D. Time to Submit Program. Affected employers that, for whatever reason, did not receive notice within thirty days of passage of this chapter and are either notified or identify themselves to the City will be granted an extension to assure up to one hundred eighty days within which to develop and submit a CTR program.
[Ord. C32485 § 36; Passed: 9/20/1999]
15.01.380 Newly Affected Employers.
A. Employers that meet the definition of affected employer must identify themselves to the City within one hundred days of either moving into the boundaries of the city or growing in employment at a worksite to one hundred or more affected employees. Failure to so identify is a violation of this chapter.
B. Newly affected employers have one hundred eighty calendar days from the official notice from the City that they are an affected employer to develop and submit a CTR program.
C. Newly affected employers have two years from the date of initial CTR program approval to meet the first CTR goal of fifteen percent reduction in proportion of single-occupant vehicle trips or vehicle miles traveled per person; four years to meet the second goal of a twenty percent reduction; six years to meet the third goal of a twenty-five percent reduction; and twelve years to meet the fourth goal of a thirty-five percent reduction.
[Ord. C32485 § 37; Passed: 9/20/1999]
15.01.390 Change in Status as Affected Employer.
Any of the following changes in an employer’s status will change the employer’s CTR program requirements.
A. If an affected employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is no longer an affected employer. It is the responsibility of the employer to notify and provide documentation to the City that it is no longer an affected employer.
B. If the same employer returns to the level of one hundred or more affected employees within the same twelve-month period, that employer will be considered an affected employer for the entire twelve-month period and will be subject to the same program requirements as other affected employers.
C. If the same employer returns to the level of one hundred or more affected employees more than twelve months after a change in status to “unaffected” employer, that employer will be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers.
[Ord. C32485 § 38; Passed: 9/20/1999]
15.01.400 CTR Program.
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 SOV commute trips. The employer must submit a description of its program to the City and provide an annual progress report to the City on employee commuting and progress toward meeting the SOV goals, as set forth in SMC 15.01.440. The employer must measure progress toward applicable CTR goals every two years in accordance with procedures and criteria identified in the Washington State Commute Trip Reduction (CTR) Task Force Guidelines. The CTR program must include the mandatory elements described in SMC 15.01.410.
[Ord. C32485 § 39; Passed: 9/20/1999]
15.01.410 CTR – Program Mandatory Elements.
A. The CTR program description presents the strategies to be undertaken by an employer to achieve the CTR goals for each goal year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Each affected employer has the option of limiting its CTR program to affected employees only or making its CTR program applicable to all employees, regardless of when their work shift begins.
B. At a minimum the employer’s description must include:
1. general description of the employment site location, transportation characteristics and surrounding services, including unique conditions experienced by the employer or its employees;
2. number of employees affected by the CTR program;
3. documentation of compliance with the mandatory CTR program elements, as described in this section;
4. description of the additional elements included in the CTR program, as described in subsection (I) of this section; and
5. schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources.
C. Each employer’s CTR program must include the following mandatory elements.
1. Transportation Coordinator. The employer must designate a transportation coordinator to administer the CTR program. The coordinator’s (and/or designee’s) name, location and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the City. The objective is to have an effective transportation coordinator presence at each worksite. An employer with multiple worksites may have one transportation coordinator for all sites. The transportation coordinator must complete the Basic ETC training course within six months of assuming the status of designated transportation coordinator.
2. Information Distribution. Information about alternatives to SOV commuting is to be provided to employees at least once a year. At a minimum, one written information piece that summarizes all the approved program elements in an employer’s specific CTR program must be distributed directly to each affected employee every year. Each employer’s program description and annual report must include a sample of the information distributed and method, along with a plan for the distribution of information and method of distribution in the next program year. At the time of hire new employees must receive the current written CTR program summary. The employer should provide information on alternatives to commuting by single-occupant vehicle to employees on a consistent basis throughout the program year, as specified and provided by the City.
3. Annual Progress Report. The CTR program must include an annual review of employee commuting and progress and good faith effort toward meeting the SOV reduction goals. Affected employers must file an annual progress report with the City in accordance with the format established by this chapter and consistent with the CTR Task Force Guidelines. The report must 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 modification to achieve the CTR goals. The employer should include additional information as requested by the City at the time of annual report notification. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, tenth and twelfth years after implementation begins. The employer should contact the City for the format of the report.
4. Additional Program Elements. In addition to the specific CTR program elements described above an employer’s CTR program must include additional elements needed to meet CTR goals. These elements may include, but are not limited to, one or more of the following:
a. provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles combined with the provision of commuter ride-matching services;
b. instituting or increasing parking charges for SOVs;
c. provision of commuter ride-matching services to facilitate employee ride-sharing for commute trips, when combined with personalized ETC assistance;
d. provision of subsidies for transit fares;
e. provision of vans for vanpools;
f. provision of subsidies for carpools and vanpools;
g. permitting the use of the employer’s vehicles for carpooling and vanpooling;
h. permitting flexible work schedules to facilitate employees’ use of transit, carpools and vanpools;
i. cooperation with transportation providers to provide additional regular or express service to the worksite;
j. construction of special loading and unloading facilities for transit, carpool and vanpool users;
k. provision of bicycle parking facilities, lockers, changing areas and showers for employees who bicycle or walk to work;
l. provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
m. establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;
n. establishment of a program of alternative work schedules, such as a compressed work week, which reduce commuting; and
o. implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as guaranteed ride home emergency services or onsite day-care facilities.
D. An affected employer must conduct an initial employee commute transportation survey to establish its worksite baseline for the average VMT per employee and SOV rate within it’s affected employee population. The base year survey should be conducted within ninety days of notification from the City of affected status, using questionnaires provided by the state.
E. Affected employers must include a list of the records they will keep as part of the CTR program they submit to the City for approval. Employers will maintain all records listed in their CTR program for a minimum of twenty-four months. The City and each employer will agree on the record-keeping requirements as part of the accepted CTR program.
[Ord. C32485 § 40; Passed: 9/20/1999]
15.01.420 Modification of CTR Program Elements.
An employer may request from modification of its CTR program elements, including record-keeping requirements, other than the mandatory elements specified in this chapter. Such a request may be granted if the employer can demonstrate that:
A. It would be unable to comply with the CTR program elements for which it is seeking an exception for reasons beyond the control of the employer, or
B. Compliance with the elements of the approved CTR program would constitute an undue hardship. Such demonstration may include evidence from employee surveys administered at the worksite showing:
1. In the base year that the employer’s own base year values of VMT per employee and SOV rates were higher than the CTR zone average, and/or
2. In a goal measurement year that the employer has achieved reductions from its own base values that are comparable to the reduction goals established for the employer’s CTR zone.
C. The following criteria for achieving goals for VMT per employee and proportion of SOV trips are applied in determining requirements for employer CTR program modifications.
1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and SMC 15.01.185, but has not met or is not likely to meet the applicable SOV or VMT goal, the City will work collaboratively with the employer to make required modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement.
3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and SMC 15.01.185, and fails to meet the applicable SOV or VMT goal, the City will work collaboratively with the employer to identify required modifications to the CTR program and will direct the employer to revise its program within thirty days to incorporate the modifications. In response to the required modifications the employer must submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. The City reviews the revisions and notifies 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 days and, if necessary, will 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 working days of the conference.
[Ord. C32485 § 41; Passed: 9/20/1999]
15.01.422 Modification of CTR Program Goals.
A. An affected employer may request that the City modify its worksite CTR program goals. Such requests must be filed in writing at least sixty days prior to the date the worksite is required to submit its program description of 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.
B. The City reviews and grants or denies request for goal modification in accordance with the procedures and criteria identified the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after approval of its initial program description or annual report.
[Ord. C32485 § 42; Passed: 9/20/1999]
15.01.424 Modification of CTR Zone.
An affected employer may request that the City adjust the CTR zone designation of a specific worksite. The employer must demonstrate that its worksite is contiguous with a CTR zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition the employer’s worksite may be made subject to the same goals for VMT per employee and proportion of SOV trips as employers in the adjoining CTR zone.
[Ord. C32485 § 43; Passed: 9/20/1999]
15.01.430 Exemptions from CTR Program Requirement.
A. Worksite Exemption. An employer may request the City 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 as a result of the characteristics of its business, work force, or location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy or a protracted labor strike, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted at any time based on written notice of request 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 will review annually all employers receiving exemptions and determine whether the exemption will be in effect during the following program year.
B. Employee Exemption. 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 Task Force Guidelines to assess the validity of employee exemption requests. Under this condition the applicable goals will not be changed but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV trips and VMT per employee used to determine the employer’s progress toward meeting the CTR goals. The City will review annually all employee exemption requests and determine whether the exemption will be in effect during the following program year.
[Ord. C32485 § 44; Passed: 9/20/1999]
15.01.440 CTR Goals.
A. Except as otherwise provided, an employer must include in its CTR program measures designed to achieve the following percentage reductions from the applicable base year values by calculating the VMTs and SOVs of its employees. The percentage reductions will be calculated from the base year values for the CTR zone in which the affected employer is located or the employer’s own worksite base year values, whichever generates the calculations most advantageous for the worksite. The goals are specified in RCW 70.94.527(4)(g).
Year of VMTs of SOVs
Percentage Reduction
Percentage Reduction
1995
15%
15%
1997
20%
20%
1999
25%
25%
2005
35%
35%
B. The CTR goals apply to newly affected employers on a corresponding timeline of fifteen percent reduction after two years, twenty-percent reduction after four years, twenty-five-percent reduction after six years and thirty-five-percent reduction after twelve years.
C. The base year values for the CTR zones and a map of the CTR zones within the city are set forth in Spokane County’s CTR Plan, Appendix A.
[Ord. C32485 § 45; Passed: 9/20/1999]
15.01.460 Schedule and Process for CTR Reports.
A. CTR Program. Within six months after an employer qualifies under this chapter the employer must develop a CTR program and submit to the City a description of the program for review.
B. Document Review. Within ninety calendar days of receipt the City will send a letter to all affected employers that have submitted a CTR program either approving or rejecting the program, giving cause for any rejection The City may extend the review period for up to another ninety days, in which case the implementation date for an employer’s CTR program will be extended an equivalent number of days. If an affected employer does not receive notice of extension of the review period, or comment on the program or annual report, within ninety days of the submittal date, the CTR program or report will be deemed approved.
C. Annual Progress Report. Upon review of an affected employer’s initial CTR program the City will establish the employer’s annual reporting date, which will not be less than twelve months from the date the CTR program was submitted. Each year on the employer’s reporting date the employer must submit an annual CTR report to the City. The City distributes a standardized annual report form and program submittal information to all known affected employers at least thirty days prior to the employer’s annual reporting date. The City may include provision for the submittal of additional information by the employer at the time of annual report notification.
[Ord. C32485 § 47; Passed: 9/20/1999]
15.01.470 Extensions.
An affected employer may request additional time to submit a CTR program or annual progress report, or to implement or modify a CTR program. Such requests are to be made in writing no less than thirty calendar days before the due date for which the extension is being requested. Extensions, not to exceed ninety calendar days, are considered for reasonable causes. The City grants or denies an extension request by written notice within fourteen calendar days of receipt. If there is no response issued to the employer, an extension is automatically granted for thirty days. Extensions do not exempt the employer from any responsibility in meeting the CTR goals. Extensions granted due to delays or difficulties with any CTR program element will not be cause for discontinuing or failing to implement other program elements. An employer’s annual reporting date is not adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the responsible official.
[Ord. C32485 § 48; Passed: 9/20/1999]
15.01.480 Compliance.
A. “Compliance” means fully implementing in good faith all provisions in an approved CTR program and satisfying the requirements of this chapter.
B. Unless an extension is granted, the employer must implement its approved CTR program not more than one hundred eighty days after the program was first submitted. Implementation of approved program modifications must begin within thirty days of the final decision or one hundred eighty days from submission of the CTR program or CTR annual report, whichever is greater.
[Ord. C32485 § 49; Passed: 9/20/1999]
15.01.485 Credit for Transportation Demand Management Efforts.
Leadership Certificate.
As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth in SMC 15.01.440 will receive a commute trip reduction certificate of leadership from the City.
[Ord. C32485 § 50; Passed: 9/20/1999]
15.01.490 Violations.
Each of the following constitutes a violation of this chapter:
A. failure to develop and/or submit a complete CTR program by the applicable deadline;
B. failure to implement an approved CTR program;
C. failure to modify an unacceptable CTR program;
D. failure to make a good faith effort;
E. failure of a newly affected employer to identify itself to the City within one hundred eighty days of becoming an affected employer.
[Ord. C32485 § 51; Passed: 9/20/1999]
15.01.500 Penalties.
A. Any affected employer violating any provision of this chapter commits a civil infraction and is subject to the imposition of civil penalties.
B. Whenever the City makes a determination that an employer is in violation of this chapter, the City issues a written notice and order and sends it, registered mail, return receipt requested, to the chief executive officer or highest ranking official at the worksite. The notice and order contain:
1. the name and address of the affected employer;
2. a statement that the City has found the employer to be in violation of this chapter, with a brief and concise description of the conditions found to be in violation;
3. a statement of the corrective action to be taken, if required, and an order that all corrective action be completed by a date stated;
4. a statement specifying the amount of any civil penalty assessed on account of the violation; and
5. a statement advising that the order will become final unless, no later than ten working days after the notice and order have been served, a person aggrieved by the order requests in writing an appeal before the designated hearing examiner, as well as the name and mailing address of the person with whom the appeal must be filed.
C. The penalty for a first violation is one hundred dollars per working day. The penalty for subsequent violations is two hundred fifty dollars per day for each violation.
D. Penalties accrue fifteen working days following the official date of notice from the City. In the event an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeal process. Should the hearing examiner decide in favor of the appellant, all or a portion of the monetary penalties may be dismissed by the hearing examiner.
E. 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 SOV or VMT goal.
F. An employer will 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 are 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.
[Ord. C32485 § 52; Passed: 9/20/1999]
15.01.510 Appeals.
A. Appeals. Any affected employer may appeal administrative decisions regarding exemptions, modification of goals, CTR program elements, violations and penalties to the designated hearing examiner. An appeal must be filed within fifteen working days of the administrative decision. An appeal is filed with the clerk of the board of county commissioners of Spokane County at West 1116 Broadway Avenue, Spokane, Washington (99260). An appeal must be in writing and specify the decision being appealed as well as the specific basis for the appeal.
B. Criteria for Appeal. The designated hearing examiner, upon notification of a timely appeal by the clerk of the board, will evaluate the appeal to determine if the decision is consistent with the CTR law and the CTR Guidelines. The examiner may schedule a meeting between the affected employer and the City. The decision of the examiner is in writing and sent by certified mail, return receipt requested, to the affected employer.
C. Appeal to Board of County Commissioners.
1. Any affected employer may appeal the written decision of the hearing examiner to the board of county commissioners. Appeals must be filed within fifteen working days of the examiner’s written decision with the clerk of the board.
2. The board of county commissioners considers only testimony and written documentation submitted to the hearing examiner on any matter appealed to the board. No additional evidence is considered by the board.
3. Upon receipt of an appeal, the board sets a date no later than thirty calendar days at which it will render its written decision on the appeal.
D. Judicial Appeal. A decision of the board is final and conclusive unless within twenty calendar days from the date of the written decision, the employer appeals to the superior court pursuant to RCW 36.32.330.
[Ord. C32485 § 53; Passed: 9/20/1999]
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