HomeMy WebLinkAbout5223 ORDINANCE NO. 5223
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing and replacing in its entirety
Chapter 1040 of the Bremerton Municipal Code entitled
"Commute Trip Reduction Plan" with a new chapter
WHEREAS, the current provisions of Chapter 10 40 of the Bremerton Municipal
Code relating to the City of Bremerton's Commute Trip Reduction Plan are outdated requiring
numerous changes and updates, and
WHEREAS, RCW 70 94 527(4) requires that the City of Bremerton's Commute
Trip Reduction Plan be consistent with the guidelines established by the Commute Trip
Reduction Board, and
WHEREAS, due to the numerous changes required to the City's Commute Trip
Reduction Plan, the City Council desires to update the plan by repealing and replacing Chapter
10 40 BMC in its entirety, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Chapter 10 40 of the Bremerton Municipal Code, entitled
"Commute Trip Reduction Plan" of the Bremerton Municipal Code is hereby repealed and
replaced in its entirety with a new chapter, Chapter 10 20, to read as follows
Chapter 10.20
COMMUTE TRIP REDUCTION PLAN
10.20.010 PURPOSE.
The purpose of this chapter is to establish Commute Trip Reduction Program
requirements for affected employers within the City of Bremerton as required by RCW
70 94 527 These requirements will promote alternative commute modes and reduce the total
number of drive alone 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
10.20.020 DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this
chapter
(a) (1) "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 in and 9 00 a in (inclusive) on two (2) or more weekdays per week for at least twelve
(12) continuous months who is not an independent contractor Seasonal agriculture employees,
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Commute Trip Reduction Plan
including seasonal employees of processors of agriculture products are excluded from the count
of affected employees
(2) "Affected employer" means an employer that employs one hundred (100)
or more affected employees at a single worksite covered by the Commute Trip Reduction Plan
who scheduled to begin their regular work day between 6 00 a in 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
(Also see definition of employer)
(3) "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
(4) "Alternative work schedules" mean programs such as compressed work
weeks schedules that eliminate work trips by affected employees
(b) (1) "Base year" means the twelve -month period which commences when a
mayor employer is determined by the jurisdiction to be participating within the CTR Program
The City uses this twelve -month period as the basis upon which it develops commute trip
reduction goals
(2) `Baseline measurement" means the survey, during the base year, of
employees at a mayor 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 mayor employer The baseline measurement must be
implemented in a manner that meets the requirements specified by Kitsap Transit
(c) (1) "Carpool" means any motor vehicle, including a motorcycle, occupied by
two (2) to six (6) 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
(2) "Commute trips" means trips made from a worker's home to a worksite
(inclusive) on weekdays
(3) "CTR" is the abbreviation of Commute Trip Reduction
(4) "Commute Trip Reduction (CTR) Plan" means the goals established for
the City and affected employers
(5) "Commute Trip Reduction (CTR) Program" means an employer's
strategies to reduce employees' drive alone commutes and average VMT per employee
(6) "Commute trip vehicle miles traveled per employee" means the sum of
individual vehicle commute trip lengths in miles over a set period divided by the number of full -
time employees during that period
(7) "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 (1) work day every two (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 nine (9) days, but may also include other arrangements
(8) "Custom bus/buspool" means a commuter bus service arranged
specifically to transport employees to work
(d) (1) "Dominant mode" means the mode of travel used for the greatest distance
of a commute trip
(2) "Drive alone" means a motor vehicle occupied by one (1) employee for
commute purposes, including a motorcycle
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Commute Trip Reduction Plan
(3) "Drive alone trips" means commute trips made by employees in single
occupant vehicles
(e) (1) "Employee Transportation Coordinator (ETC)" means a person who is
designated as responsible for the development, implementation, and monitoring of an employer's
CTR Program
(2) 'Employer" means a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, point venture, agency, department, district or other
individual or entity, whether public, non - profit, or private, that employs workers
(3) "Exemption" means a waiver from any or all CTR Program requirements
granted to an employer by the City of Bremerton based on unique conditions that apply to the
employer or employment site
(f) (1) "Flex- time" is an employer policy that provides work schedules allowing
individual employees some flexibility in choosing the start and end time but not the number of
their working hours
(2) "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
(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
(1) (1) "Implementation or Implement" means active pursuit by an employer of
the CTR Goals of RCW 70 94 521 -551 and this chapter 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
improved CTR Program and schedule
(m) (1) "A mayor employer" means a private or public employer, including state
agencies, that employs one hundred (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 twelve (12) continuous months
(2) "Mayor employer worksite" or "affected employer worksite" or "worksite"
means the physical location occupied by a mayor employer, as determined by the local
jurisdiction
(3) "Mayor employment installation" means a military base or federal
reservation, excluding tribal reservations, or other locations as designated by the City of
Bremerton, at which there are one hundred (100) or more affected employees
(4) "Mode" refers to 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
(n) (1) "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
(p) (1) "Peak period" means the hours from 6 00 a m to 9 00 a m (inclusive),
Monday through Friday, except legal holidays
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Commute Trip Reduction Plan
(2) "Peak period trip" means any commute trip that delivers the employee to
begin his or her regular workday between 6 00 a in and 9 00 a in (inclusive), Monday through
Friday, except legal holidays
(3) "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
(r) (1) "Ride matching service" means a system which assists in matching
commuters for the purpose of commuting together
(t) (1) "Teleworking" or "Telecommuting" means the use of telephones,
computers, or other similar technology to permit an employee to work at 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
(2) "Transit" means a multiple- occupant vehicle operated on a for -hire,
shared -nde basis, including bus, passenger ferry, shared -nde taxi, shuttle bus, or vanpool
(3) "Transportation Demand Management (TDM)" means a broad range of
strategies that are primarily intended to reduce and reshape demand on the transportation system
(4) "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
(v) (1) , " Vanpool" means a vehicle occupied by from (5) five to fifteen (15)
people traveling together for their commute trip, resulting in the reduction of a minimum of one
motor vehicle trip
(2) "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
(w) (1) "Week" means a seven -day calendar period, starting on Monday and
continuing through Sunday
(2) "Weekday" means any day of the week except Saturday or Sunday
(3) "Writing," "written," or "In writing" means original signed and dated
documents Facsimile (fax) and email transmissions are a temporary notice of action that must be
followed via mail or delivery of the original signed and dated document
10.20.030 RESPONSIBLE AGENCY.
The City of Bremerton has entered into an interlocal agreement with Kitsap Transit
pursuant to RCW 39 34 and RCW 70 94 527(5) whereby Kitsap Transit is the agency
responsible for implementing and administering the City of Bremerton's CTR Plan and this
chapter Kitsap Transit is located at
60 Washington Avenue, Ste 200
Bremerton, Washington 98337
10.20.040 THE CITY OF BREMERTON'S CTR PLAN.
The goals established for the jurisdiction and affected employers in the City of Bremerton
are set forth in the City's Commute Trip Reduction Plan ( "CTR Plan ") as currently enacted and
hereinafter amended by the City, incorporated herein by this reference
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Commute Trip Reduction Plan
10.20.050 CTR GOALS.
(a) Commute Trip Reduction Goals
(1) The City of Bremerton's goals for reductions in the proportions of drive -
alone commute trips and vehicle miles traveled per employee by affected employers in the City
of Bremerton's jurisdiction, mayor employment installations, and other areas designated by the
City of Bremerton are hereby established by the City of Bremerton's CTR Plan incorporated by
BMC 10 20 040 above These goals establish the desired level of performance for the CTR
Program in its entirety in the City of Bremerton
(2) Kitsap Transit will set the individual worksite goals for affected employers
based on how the worksite can contribute to the City of Bremerton's overall goal established in
the CTR Plan The goals will appear as a component of the affected employer's approved
implementation plan outlined in BMC 10 20 070 below
(b) Commute Trip Reduction Goals for Affected Employers
(1) The drive -alone and VMT goals for affected employers in the City of
Bremerton are hereby established as set forth in the CTR Plan incorporated by BMC 10 20 040
above
(2) If the goals for an affected employer or newly affected employer are not
listed in the CTR Plan, they will be established by Kitsap Transit at a level designed to achieve
the City of Bremerton's overall goals for the jurisdiction and other areas as designated by the
City of Bremerton Kitsap Transit shall provide written notification of the goals for each
affected employer worksite by providing the information when Kitsap Transit reviews the
employer's proposed program and incorporating the goals into the program approval issued by
Kitsap Transit
10.20.060 APPLICABILITY.
The provisions of this chapter shall apply to any affected employer within the geographic
limits of the CTR Plan adopted in BMC 10 20 040 above
(a) Notice of Applicability
(1) Publication of Notice Notice of the ordinance adopting this chapter shall
be published in accordance with the City of Bremerton's established public notification
procedures for adoption of an ordinance or an amendment to an ordinance
(2) Affected employers located in the City of Bremerton shall receive written
notification from Kitsap Transit that they are subject to this chapter Such notices shall be by
certified mail or delivery, return receipt, addressed to the employer's chief executive officer,
senior official, CTR Program manager, or registered agent at the worksite Such notification shall
provide ninety (90) days for the affected employer to perform a baseline measurement as defined
in BMC 10 20 020 above Kitsap Transit shall also send to all known affected employer's notice
of any amendments to this chapter
(3) Affected employers who, for whatever reason, do not receive notification
within thirty (30) days of the effective date of this chapter and are either notified or identify
themselves to Kitsap Transit within ninety (90) days of the effective date of this chapter will be
granted an extension up to ninety (90) days within which to perform a baseline measurement
specified by Kitsap Transit
(4) Affected employers that have not been identified or do not identify
themselves within ninety (90) days of the effective date of this chapter and do not perform a
baseline measurement consistent with the measurement requirements specified by Kitsap Transit
within ninety (90) days from the effective date of this chapter are in violation of this chapter
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Commute Trip Reduction Plan
(5) If an affected employer has already performed a baseline measurement, or
an alternative acceptable to Krtsap Transit, under previous iterations of this chapter, the
employer is not required to perform another baseline measurement
(b) Newly Affected Employers
(1) Employers meeting the definition of "affected employer" in this chapter
shall identify themselves to Krtsap Transit within ninety (90) days of either moving into the
boundaries outlined in the CTR Plan adopted in BMC 10 20 040 above or growing in
employment at a work site to one hundred (100) or more affected employees Employers who do
not identify themselves within ninety (90) days are in violation of this chapter
(2) Newly affected employers identified as such shall be given ninety (90)
days to perform a baseline measurement consistent with the measurement requirements specified
by Krtsap Transit Employers who do not perform a baseline measurement within ninety (90)
days of receiving written notification that they are subject to this chapter are in violation of this
chapter
(3) Not more than ninety (90) days after receiving written notification of the
results of the baseline measurement, the newly affected employer shall develop and submit a
Commute Trip Reduction Program ( "CTR Program ") to Krtsap Transit The program will be
developed in consultation with Krtsap Transit staff listed in BMC 10 20 030 above to be
consistent with the goals of the CTR Plan adopted in BMC 10 20 040 above Employers who do
not implement an approved CTR Program according to this schedule are in violation of this
chapter
(c) Change in Status as an Affected Employer Any of the following changes in an
affected employer's status may change the employer's CTR Program requirements
(1) If an employer initially designated as an affected employer no longer
employs one hundred (100) or more affected employees and expects not to employ one hundred
(100) or more affected employees for the next twelve (12) months, that employer is no longer
considered an affected employer It is the responsibility of the employer to notify Krtsap Transit,
in writing, 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 one hundred (100) or more
affected employees within the same twelve (12) months, that employer will be considered an
affected employer for the entire twelve (12) months, and will be subject to the same CTR
Program requirements as other affected employers It is the responsibility of the employer to
notify Krtsap Transit, in writing, that it has become an affected employer, and
(3) If the same employer returns to the level of one hundred (100) or more
affected employees twelve (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 CTR Program requirements as other newly- affected employers It is the responsibility of
the employer to notify Krtsap Transit, in writing that it has become an affected employer
10.20.070 REQUIREMENTS FOR AFFECTED EMPLOYERS.
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 drive alone commute trips The CTR Program
must include the mandatory elements as described below
(a) Mandatory Program Elements
(1) Employee Transportation Coordinator The name of the employer's
designated Employee Transportation Coordinator (ETC) to administer the CTR Program The
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Commute Trip Reduction Plan
ETC and/or designee's name, location, and telephone number must be physically or
electronically prominently displayed 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 The objective is to have an effective transportation coordinator presence at each
worksite, an affected employer with multiple sites may have one ETC for all sites
(2) 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 Kitsap Transit with the employer's program
description and regular report
(b) Additional Program Elements In addition to specific program elements described
above, the employer's CTR Program shall include additional elements as needed to meet CTR
goals Elements may include, but are not limited to, one or more of the following
(1) a provision for preferential parking or reduced parking charges, or both,
for high- occupancy vehicles,
(2) instituting or increasing parking charges for drive alone commuters,
(3) a provision for Commuter Ride Matching services to facilitate employee
ride - sharing for commute trips,
(4) a provision for subsidies for rail, transit, or vanpool fares and/or transit
passes,
(5) a provision for vans or buses for use as vanpools or custom bus/buspools
(Kitsap Transit's worker /driver buses) for employee ride - sharing,
(6) a provision for subsidies for carpools, vanpools, walking bicycling,
teleworking, or compressed schedules
(7) a provision of incentives for employees that do not drive alone to work,
(8) permitting the use of the employer's vehicles for carpooling or vanpooling,
(9) permitting flexible work schedules to facilitate employees' use of transit,
carpools, or vanpools,
(10) cooperation with transportation providers to provide additional regular or
express service to the worksite,
(11) construction of special loading and unloading facilities for transit, carpool,
and vanpool users,
(12) a provision for bicycle parking facilities, lockers, changing areas, and
showers for employees who bicycle or walk to work,
(13) a provision for a program of parking incentives such as a rebate for
employees who do not use the parking facilities,
(14) establishment of a telecommuting program to permit employees to work
part- or full -time at home or at an alternative worksite closer to their homes,
(15) establishment of a program of alternative work schedules such as a
compressed work week which reduces commuting,
(16) implementation of 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,
(17) charging employees for parking, and/or the elimination of free parking,
and
(18) other measures that the employer believes will reduce the number and
length of commute trips made to the site
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Commute Trip Reduction Plan
(c) CTR Program Report and Description
(1) Affected employers shall review their program and file a regular progress
report with Kitsap Transit in accordance with the format provided by Kitsap Transit
(2) The CTR Program Report and Description outlines the strategies to be
undertaken by an employer to achieve the commute trip reduction goals for the reporting period
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
(3) At a minnnum the employer's CTR Program Report and Description must
include
(i) a general description of the employment site location,
transportation characteristics, employee parking availability, on -site amenities, and surrounding
services,
(u) the number of employees affected by the CTR Program and the
total number of employees at the site,
(m) documentation on compliance with the mandatory CTR Program
elements as described in BMC 10 20 070(a),
(iv) a description of any additional elements included in the employer's
CTR Program as described in BMC 10 20 070(b),
(v) a statement of organizational commitment to provide appropriate
resources to the program to meet the employer's established goals
(d) Biennial Measure of Employee Commute Behavior In addition to the baseline
measurement, employers shall conduct a program evaluation as a means of determining worksite
progress toward meeting CTR goals As part of the program evaluation, the employer shall
distribute and collect CTR Program Employee Questionnaires (surveys) at least once every two
(2) years, and strive to achieve at least a 70% response rate from employees at the worksite
10.20.080 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 Kitsap Transit for a
minimum of forty-eight (48) months Kitsap Transit and the affected employer shall agree in
writing on the record keeping requirements as part of the affected employer's accepted CTR
Program
10.20.090 CTR PROGRAM ACCEPTANCE AND IMPLEMENTATION.
(a) Document Review
(1) Kitsap Transit shall provide the employer with written notification if the
employer's CTR Program is deemed acceptable The notification must give cause for any
refection 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 or annual report
within ninety (90) days of submission, the employer's CTR Program or annual report shall be
deemed accepted 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
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Commute Trip Reduction Plan
(b) Schedule Upon review on an employer's initial CTR Program, Kitsap Transit
shall establish the employer's regular reporting date This report will be provided in a form
provided by Kitsap Transit consistent with BMC 10 20 070(c) above
(c) 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
Kitsap Transit may ask the affected employer to substitute a program element of similar
trip reduction potential rather than grant the employer's request
(d) Extensions An affected employer may request from Kitsap Transit additional
time to submit a CTR Program Description and Report, or to implement or modify a CTR
Program Such requests shall be made in writing and delivered by certified mail to Kitsap
Transit no less than thirty (30) days before the due date for which the extension is being
requested Extensions not to exceed ninety (90) days may be considered for reasonable cause
Kitsap Transit shall grant or deny the employer's extension request by certified letter, return
receipt within ten (10) days of receiving the request If there is no response issued to the
employer, an extension is automatically granted for thirty (30) days Extension shall not exempt
an employer from any responsibility in meeting the CTR Program goals Extensions granted due
to delays or difficulties with any CTR Program element(s) shall not be cause for discontinuing or
fading to implement other program elements An employer's annual 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 Kitsap Transit
(e) Implementation of Employer's CTR Program Unless extensions are granted,
employer shall implement its approved CTR Program, including approved program
modifications, not more than ninety (90) days after receiving written notice for Kitsap Transit
that the program has been approved or with the expiration of the program review period without
receiving notice from Kitsap Transit
10.20.100 COMPLIANCE AND VIOLATIONS.
(a) Compliance Except as otherwise provided in this chapter, compliance shall mean
(1) Fully implementing in good faith all mandatory program elements as well
as provisions in an approved CTR Program Description and Report and satisfying the
requirements of this chapter,
(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 Kitsap Transit shall use 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 modify its CTR Program
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Commute Trip Reduction Plan
(2) If an employer makes a good faith effort, as defined in this chapter and in
RCW 70 94 534(2), but has not met or is not likely to meet 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 this chapter
and in RCW 70 94 534(2) and this chapter, and fails to meet either the applicable drive alone or
VMT reduction goal, Kitsap Transit shall direct the employer to revise its program within thirty
(30) days to come into compliance with the measures defined in 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 thirty (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 thirty (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 (10) working days of the conference
(c) Violations The following constitute violations of this chapter
(1) Failure to self - identify as an affected employer,
(2) Failure to perform a baseline measurement, including,
(1) Affected employers notified or that have identified themselves to
Kitsap Transit within ninety (90) days of the effective date of this chapter and that do not
perform a baseline measurement consistent with the requirements specified by Kitsap Transit
within ninety (90) days from the notification or self - identification, and
(n) Affected employers not identified or self - identified within ninety
(90) days of the effective date of this chapter that do not perform a baseline measurement
consistent with the requirements specified by Kitsap Transit within ninety (90) days from the
effective date of this chapter,
(3) Failure to develop and/or submit a complete CTR Program by the
applicable deadlines as stated in this chapter,
(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 this chapter,
(5) Intentionally submitting false or fraudulent date in response to survey
requirements
(6) Failure to make a good faith effort, as defined in this chapter and in RCW
70 94 534, or
(7) Failure to modify an unacceptable CTR Program by the applicable
deadlines as stated in this chapter
(d) Penalties As authorized by RCW 70 94 534(5), civil penalties may be imposed
as follows
(1) Class I Civil Infraction Any affected employer violating any provision of
this chapter shall be liable for a Class I Civil Infraction, and submit to civil penalties pursuant to
RCW 7 80 120
(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
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Commute Trip Reduction Plan
(3) Union Agreements 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
(n) 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 53 1)
(4) Failure to Reach Goals No affected employer with an approved CTR
program may be held liable for failure to reach the applicable SOV or VMT goals
10.20.110 EXEMPTIONS AND GOAL MODIFICATIONS.
(a) Worksite Exemptions An affected employer may submit a request to Kitsap
Transit to grant an exemption from all CTR Program requirements for a particular worksite The
employer must demonstrate that it would experience undue hardship in complying with the
requirements of this chapter 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 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 grant or deny the request within thirty (30) days of receipt of the request Kitsap Transit
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 Kitsap Transit will
use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of
employee exemption request Kitsap Transit shall grant or deny the request within thirty (30)
days of receipt of the 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
(c) Modification of CTR Program Goals
(1) An affected employer may request that Kitsap Transit modify the
employer's CTR goals Such request shall be filed in writing at least sixty (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
(2) Kitsap Transit will review and grant or deny requests for goal
modifications in accordance with procedures and criteria identified in the CTR Board
11
Commute Trip Reduction Plan
Guidelines An employer may not request a modification of the applicable goals until one year
after Kitsap Transit has approved the employer's initial program description or annual report
10.20.120 APPEALS.
(a) Appeal of the Assessment of Penalties An assessment of penalties pursuant to
BMC 10 20 100(d) above may be appealed to the Municipal Court Hearing Examiner pursuant to
Chapter 2 62 BMC
(b) Appeal of Final Administrative Decision A final administrative decision of
Kitsap Transit relating to the acceptance, modification or exemption of an affected employer's
CTR Program may be appealed using the administrative appellate procedures as follows
(1) Kitsap Transit shall hire and pay for a Hearing Examiner for the sole
purpose of hearing appeals brought pursuant to this chapter
(2) Appeals shall be heard within sixty (60) days of the date the notice of
appeal is received by the Presiding Officer, however no appeal shall be set less than fifteen (15)
days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to
the party seeking review
(3) The Hearing Examiner will evaluate employers' appeals of administrative
decisions by determining if the decisions were consistent with this chapter, the Washington State
CTR Law and the CTR Task Force Guidelines Appeals may be granted by the CTR Hearing
Examiner if the employer can show the violations for which the penalties were imposed occurred
for the reasons beyond the control of the employer, or the penalties were imposed for the failure
of the employer to revise its CTR Program as directed by Kitsap Transit and the employer can
demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR
Program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee
(c) Decision The decision of the Hearing Examiner shall be final
SECTION 2. The City of Bremerton's Commute Trip Reduction Plan entitled
"Commute Trip Reduction Plan 2011 - 2015" as currently enacted and hereinafter amended by the
City is incorporated herein by this reference
SECTION 3. Severabdq If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION 4. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the day of WM W _ , 2013
L4 v V
GREG EELER, Council President
12
Commute Trip Reduction Plan
s
Approved this day of 5� , 2013
t x", — —
PATTY ray6r
EST APPROVED AS TO FORM
k
SHANNON CORIN, City Clerk ROG A U OVICH, City Attorney
PUBLISHED the day of ���iY , 2013
EFFECTIVE the dg of , 2013
ORDINANCE NO
R \Legal\Legal \Ord►nances\Publ►c Works & Utilities \Commute Trip Reduction Plan -BMC 10 20 (2013) - final doc
13
Commute Trip Reduction Plan
AFFIDAVIT OF PUBLICATION
Account #42742 AD#20136467
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on Sept 24, 2013 such newspaper was regularly distributed to its subscribers during all of said period
The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not
been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of October 1, 2013
CASSANDRA A CAPAS
Notary Public
State of Washington
My Commission Expires
February 04, 2014
Notary Public in and for the State of Washington, Kitsap County
ORDINANCE NO 5223
AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing in
its entirety Chapter 10 40 of the Bremerton Municipal code entitled "Commute Trip Reduction Plan" with a
new chapter
PASSED by the City Council on the 18th day of September, 2013
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
Sept 24th 2013
Ad #20136467