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CTR ordinance for Kent
A list of mandatory elements and information distribution requirements for commute trip reduction programs in Kent.
Requirements for employers
An affected employer is required to make a good faith effort to develop and implement a CTR program that will encourage its employees to reduce Vehicle Miles Traveled (VMT) per employee and drive alone commute trips. The CTR program must include the mandatory elements as outlined below:
Employee Transportation Coordinator (ETC)
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.
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.
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:
- Preferential parking for high-occupancy vehicles;
- Reduced parking charges for high-occupancy vehicles;
- Increasing parking charges for drive alone commuters;
- Commuter ride matching services to facilitate employee ridesharing for commute trips;
- Subsidies for rail, transit, or vanpool fares and/or transit passes;
- Vans or buses for employee ridesharing;
- Subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;
- Incentives for employees that do not drive alone to work;
- Use of the employer’s vehicles for carpooling or vanpooling;
- Flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
- Additional regular or express service to the worksite, in cooperation with transit service providers;
- Special loading and unloading facilities for transit, carpool, and vanpool users;
- Bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
- A program of parking incentives such as a rebate for employees who do not use the parking facilities;
- 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;
- Program(s) of alternative work schedules, such as a compressed work week, which reduces commute trips;
- 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;
- Elimination of free parking; and
- Other measures that the employer believes will reduce the number and length of commute trips made to the site.
Good faith effort
(RCW 70.94.534) Employers are considered to be making a good faith effort if the following conditions have been met:
- The employer implemented the mandatory elements above and
- The employer has notified the jurisdiction of its intent to substantially change or modify its program and has either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved without additional modifications;
- The employer has provided adequate information and documentation of implementation when requested by the City of Kent; and
- The employer is working collaboratively with the City of Kent to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time.
Violations
The following constitute violations if the deadlines established in this Chapter are not met:
- 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).
- Failure to develop and/or submit, on time, a complete CTR program.
- 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.
- Submission of false or fraudulent data in response to survey requirements.
- Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter.
- Failure to revise a CTR program as required by RCW 70.94.534(4) and this chapter. (Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09)
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 drive alone or VMT goals.
- 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).
- 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:
- 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
- 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. (Ord. No. 3474, § 2, 9-21-99; Ord. No. 3917, § 2, 6-2-09)