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CTR ordinance for Bellevue
A list of mandatory elements and information distribution requirements for commute trip reduction programs in Bellevue.
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 ETR program.
Information Distribution
Information about alternatives to drive alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer's CTR Program shall also be submitted to the city with the employer's program description and regular report.
Additional Program Elements
In addition, the employer’s CTR Program shall include additional elements as needed to meet CTR goals. Approved additional elements are detailed in the Implementation Guidelines.
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 listed in the employer requirements 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 Bellevue; and
- The employer is working collaboratively with the City of Bellevue 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;
- Failure to perform a baseline measurement;
- 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 ordinance;
- 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; or
- Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
Penalties
The city may issue a notice of civil violation and may impose monetary penalties in the manner set forth in Chapter 1.18 BCC for any civil violation committed by an employer (14.40.110(C)); provided than any monetary penalty imposed shall not exceed $250.00 per day for each violation and that no monetary penalties, shall accrue subsequent to the filing of an appeal by an employer of such notice of civil violation. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW 7.80.
Limitation of Monetary 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 goal;
- 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;
- Propose to a certified collective bargaining representative adoption of any provision of the employer's CTR program that is subject to collective bargaining pursuant to the National labor Relations Act, the Public Employee's Collective Bargaining Act (Chapter 41.56 RCW), or any other applicable federal or state collective bargaining law; and
- Advise the union of the existence of the CTR 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).