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HomeMy WebLinkAbout4649 ORDINANCE NO. 4649 AN ORDINANCE amending Chapter 10.40, Commute Trip Reduction Plan. Whereas, the State Legislature has amended the Commute Trip Reduction Law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Bremerton Municipal Code Chapter 10.40, Commute Trip Reduction is hereby amended as follows: 10.40.010 PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City of Bremerton. These requirements will promote alternative commute modes and reduce the total number of single occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. The City of Bremerton recognizes the importance of increasing individual citizens' awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues. 10.40.020 DEFINITION. The following definitions shall apply in the interpretation and enforcement of this chapter: Page ] (3) "Commute Trip Reduction (CTR) Goals" mean the goals established by the State CTR Law and the CTR Task Force Guidelines for affected employers. These goals are to reduce the Vehicle Miles Traveled per employee and the Single Occupant Vehicle commute trips from the base year value established for the Commute Trip Reduction Zone at least 15 percent by January 1, 1995; 20 percent by January 1, 1997; 25 percent by January 1, 1999, and 35 percent by January 1, 2005. (g) (1) "Good Faith Effort" means that an employer has met the minimum requirements identified in this chapter and in RCW 70.94.531, and is working collaboratively with Kitsap Transit 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. 10.40.050 APPLICABILITY. (c) Newly-Affected Employers. (1) Reporting Date. Newly-affected employers shall identify themselves to Kitsap Transit within ninety (90) days of becoming an affected employer or moving into the boundaries of the City of Bremerton. (2) CTR Program Submittal. Newly-affected employers shall be granted a minimum of one hundred-eighty (180) days from the date of official notification by Kitsap Transit that they are an affected employer or from the date of self-identification to develop and submit a CTR program. (3) CTR Goals. Newly-affected employers shall have two years from the date of their CTR Program approval to meet the first CTR goal of fifteen (15) percent; four years from the date of their initial CTR Program approval to meet the second CTR goal of twenty (20) percent; six years from the date of their initial CTR Program approval to meet the third CTR goal of twenty five (25) percent; and twelve years from the date of their initial CTR Program approval to meet the fourth CTR goal of thirty five (35) percent. Page 10.40.070 REQUIREMENTS FOR AFFECTED EMPLOYERS. (a) CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than one hundred-eighty (180) days from the effective date of this chapter, all affected public and private employers within the City of Bremerton shall submit a CTR Program to Kitsap Transit. (b) CTR Program Implementation Date. Except as otherwise provided in this chapter, an affected employer's CTR Program shall be implemented not more than one hundred-eighty (180) days from the date the CTR Program was initially submitted to Kitsap Transit for approval. (c) Mandatory CTR Program Elements. The employer's CTR Program must be designed to achieve the CTR Goals set forth in this chapter. The employer shall make a good faith effort, as defined in this chapter and in RCW 70.94.531, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. At a minimum, an employer's CTR Program shall include the following elements: (1) Site description. A general description of the employment site location, to include: level of transit service, parking availability, access to highways, and unique conditions experienced by the employer or its employees that might affect the level of SOV commuting and VMT per employee. (2) Employee Information. The total number of affected employees. (3) Employee Transportation Coordinator. The name of the employer's designated Employee Transportation Coordinator (ETC) to administer the CTR Program. The ETC's name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall oversee all elements of the employer's CTR Program and act as liaison between the employer and Kitsap Transit. (4) Information Distribution. A commitment to regularly distribute to its employees information about alternatives to SOV commuting. Each employer's subsequent annual report must include a description of the information to be distributed and the method of distribution. Page 3 (5) Annual Progress Report. A commitment to annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall file an annual progress report with Kitsap Transit. The annual report form shall be provided by Kitsap Transit and shall be consistent with the CTR Task Force Guidelines. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, eight, tenth, and twelfth year after program implementation begins. (6) Record Keeping. A list of records that will be kept by the employer that can be used to evaluate the employer's CTR Program. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer's approved CTR Program. Employers will maintain all records listed in their CTR Program for a minimum of twenty-four (24) months. (d) Request for Modification of CTR Program Elements. An affected employer may request a modification of the CTR Program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one of the following conditions exist: (1) Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR Program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or (2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR Program element(s) would constitute an undue hardship. (e) Exemption From CTR Program. (1) Exemption from all Requirements. An affected employer may submit a request to Kitsap Transit 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 this 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 Page 4 proportion of SOY trips and VMT per employee. Exemptions may be granted by Kitsap Transit 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. Kitsap Transit shall review annually all employers receiving exemptions and shall ~determine whether the exemption will be in effect during the following program year. (2) Exemption for Employees Using Vehicles for Work. An affected employer may submit a request to Kitsap Transit to exempt specific employees that must use their own vehicles during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees. Under this condition, the applicable CTR Goals will not be modified 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 commute trips and VMT per employee used to determine the employer's progress toward meeting its CTR Program Goals. (3) Exemption for Variable Shift Employees. An affected employer may submit a request to Kitsap Transit to exempt specific employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Kitsap Transit will use the criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. 10.40.080 CTR ZONE, BASE YEAR VALUES AND GOALS. (a) CTR Zone and Values. The City of Bremerton authorizes the Board of Commissioners of Kitsap Transit to, by resolution, establish the CTR Zone(s) boundaries, and the base year values for SOV rate and VMT per employee within the CTR Zone(s). This resolution shall be passed by January 31, 1993. Page (b) Percentage Reductions of SOV's and VMT Per Employee. The CTR Goals for an affected employer's CTR Program shall be a reduction in the proportion of SOV commute trips and VMT per employee by: 1. 15% by 1995; 2. 20% by 1997; 3. 25% by 1999; and 4. 35% by 2005 · from the base year values of the CTR Zone in which the affected employer is located. The methods used to determine an affected employer's SOV rate and VMT per employee shall be consistent with the CTR Task Force Guidelines (RCW 70.94.537). (c) Modification of CTR Program Goals. An affected employer may request that Kitsap Transit modify the employer's CTR goals. Such request shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and 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 the elements contained in its approved CTR program. Kitsap Transit will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after Kitsap Transit has approved the employers initial program description or annual report. 10.40.090 CREDIT FOR COMMUTE TRIP REDUCTION EFFORTS. (c) Notice of Leadership Certificate. As public recognition for their efforts, affected employers who meet or exceed the CTR Goals as set forth in of this chapter, will receive a Commute Trip Reduction Certificate of Leadership from the City of Bremerton. A notice of this Certificate of Leadership shall be published in the official newspaper. 10.40.100 CTR PROGRAM REVIEW AND ANNUAL REPORTS. Page 6 (a) CTR Program Review. (1) Approval. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed acceptable. Such notification shall be by certified mail or delivery, return receipt, addressed to the employer's Employee Transportation Coordinator. If the employer receives no written notification of extension of the review period or comment on the CTR Program within forty-five (45) days of submission, the employer's CTR Program shall be deemed approved. Kitsap Transit 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. (2) Conditional Approval. Kitsap Transit may determine that an employer's CTR Program is approved on the condition that certain aspects of the Program be modified. In this case, Kitsap Transit shall notify the affected employer of the required modifications. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer's Employee Transportation Coordinator. Affected employers will be given thirty (30) days from the date of such notice to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days from the date the revised CTR Program was received to accept or reject the revised CTR Program. (3) Rejection. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed unacceptable and therefore, rejected. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer's Employee Transportation Coordinator within forty-five (45) days of the CTR Program submittal date. The letter will specify the cause(s) for the rejection. Kitsap Transit will schedule a meeting with the affected employer within twenty-one (21) days of the date of notice. During the meeting, Kitsap Transit will provide technical assistance to the affected employer. The affected employer will be given thirty (30) days from the date of the meeting to submit a revised CTR Program, Kitsap Transit shall have thirty (30) days to accept or reject the revised CTR Program. (b) CTR Annual Progress Reports. Kitsap Transit shall establish the affected employer's annual reporting date upon review of the employer's initial CTR Program. The reporting date shall not be less than twelve (12) months from the date the Page ? employer's CTR Program was approved. Each year on the employer's reporting date, the employer shall submit to Kitsap Transit its annual CTR Program progress report. Kitsap Transit shall provide and the affected employer shall use a standard annual report form. 10.40.120 ENFORCEMENT. (a) Compliance. Except as otherwise provided in this chapter, compliance shall mean fully implementing all provisions in an accepted CTR Program and satisfying the requirements of this chapter. (b) Required CTR Program Modifications. Kitsap Transit shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program: (1) Achieves Either or Both Goals. If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.531, and meets either or both the applicable SOV or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. (2) Fails to Achieve Either Goals. i. With Good Faith Effort - If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.531, but has not met or is not likely to meet the applicable SOV or VMT goal, Kitsap Transit shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to Kitsap Transit for approval within 30 days of reaching an agreement. ii. Without Good Faith Effort - If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70.94.531, and fails to meet either the applicable SOV or VMT reduction goal, Kitsap Transit shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested Page 8 modifications or equivalent measures, within 30 days of receiving written notice to revise its program. Kitsap Transit shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, Kitsap Transit 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 Kitsap Transit within ten working days of the conference (c) Violations. The following constitute violations of this chapter: (1) Failure to develop and/or submit a complete CTR Program by the applicable deadlines as stated in this chapter. (2) Failure to implement an approved CTR Program by the applicable deadlines as stated in this chapter. (3) Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter. (4) Failure of an affected employer to identify itself to Kitsap Transit within ninety (90) days of the effective date of this chapter. (5) Failure of a newly affected employer to identify itself to Kitsap Transit within ninety (90) days of becoming an affected employer. (6) Failure to submit on time an annual CTR Program Progress Report to Kitsap Transit. (7) Failure to maintain agreed upon CTR Program records. (8) intentionally submitting false information, data and or survey results. (9) Failure to make a good faith effort, as defined in this chapter and in RCW 70.94.531. (d) Penalties. (1) Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I Civil Infraction, and subject to civil penalties pursuant to RCW 7.80.120. Page 9 (2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided; and (3) Failure due to Union. An 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: i. 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 ii. advise the union of the existence of the Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70.94.531 ). (4) Not Liable. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. 10.40.130 APPEALS. (a) Hearing an Appeal (1) Venue. The affected employer shall select to appeal the initial order of the Presiding Officer in either the City of Bremerton District Court or through the administrative process set forth in this chapter. (2) Time. An appeal of a determination that an affected employer or newly- affected employer committed a civil infraction under this chapter shall be commenced by filing a written notice of appeal within thirty (30) days of the issuance of the Presiding Officer's written findings. Section 2. Effective date. This ordinance shall become effective ten days after passage and publication as provided. Page 10 APPROVED by the City Council of the City of Bremerton this day of .~.__a , 1999. / PASSED b~ the City Council of the City of Bremerton this / day of /~.o~, , 1999. MIKE SHEFrHERD, Council President APPROVED this ~ day of ~ ,1999. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Page l 1