(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 Bothell; and
- The employer is working collaboratively with the City of Bothell 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.
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 at least one ETC to administer its CTR program. The ETC’s name, location, and telephone number must be displayed prominently at each major worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. A major employer with multiple major worksites in Bothell and/or the region may have one transportation coordinator for more than one major worksite, provided the workload permits them to perform required CTR implementation tasks. The ETC is not required to be an employee of the major employer
- Information Distribution – Information about commute alternatives shall be distributed to all employees at least twice a year. One of the items distributed must be a description of the employer’s worksite program. Program information shall be posted permanently and regularly updated, in a conspicuous place that is easily accessible to all employees at bulletin boards, via electronic communications and/or kiosks. An information center is to be maintained in each worksite building used by 50 or more affected employees. Program information shall consist of, at a minimum, a summary of the employer’s program, including ETC name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer’s program description and annual report must describe what information is to be distributed by the employer and the method of distribution
- Additional Program Elements – Each major employer shall include one or more additional CTR program element(s) designed to help employers meet CTR goals. Employers are encouraged to develop and implement innovative strategies, which are tailored to the specific situation at their worksite. Employers may also select elements from a list of recognized transportation demand management activities which include, but are not limited to, the following:
Any element listed in subsection (B)(10)(a) of this section that has not been selected as required under subsection (B)(10)(b) of this section;
Permitting the use of employer’s vehicles for carpooling or vanpooling;
Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;
Cooperation with transportation providers to provide additional regular or express service to the worksite;
Construction of special loading and unloading facilities for transit, carpool and vanpool users;
Provision of bicycle parking facilities, lockers, changing area and showers for employees who bicycle or walk to work;
Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
Provision of a guaranteed ride home or emergency taxi service program;
Special, on-site promotions of alternatives to SOV commuting, in addition to the required promotion program described in subsection (B)(5) of this section;
Implementation of other measures designed to facilitate the use of HOV, including but not limited to on-site day care facilities, concierge service or provision of company-provided vehicles for personnel use during break periods; and/or
- Provision of commuter ride matching services to facilitate employee ridesharing for commute trips.
- Failure to implement an approved CTR program unless the program elements that are carried out can be shown through data collected as specified in BMC 14.06.070(B)(3) to meet or exceed the proportion of SOV trips and/or VMT goals as specified in this chapter. Failure to implement a CTR program includes but is not limited to:
- Failure of existing or new major employers to identify themselves to the city within the time frames indicated in BMC 14.06.060;
- Failure of employers to submit a complete CTR program within the deadlines specified in BMC 14.06.110;
- Failure of major employers to submit required documentation for annual reports;
- Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or
- Submittal of fraudulent data.
Each city business day during which an employer fails to (1) implement a commute trip reduction program, or (2) modify a commute trip reduction program that does not meet the goals shall constitute a separate violation of this chapter. No major employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. This chapter shall be enforced by the code compliance officer as provided in the Bothell Municipal Code; provided, that:
Any violations of the provisions of this chapter shall be considered a Class I civil infraction pursuant to RCW 7.80.120, and shall subject the violator to a cumulative penalty in an amount not to exceed $250.00 per day for each violation from the date set for compliance until compliance is achieved; and
A major 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.
Major 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 of Bothell and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).