(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 Des Moines; and
- The employer is working collaboratively with the City of Des Moines 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 an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and/or designee'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. 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.
- 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 to the 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:
- Provision of preferential parking for high-occupancy vehicles;
- Reduced parking charges for high-occupancy vehicles;
- Instituting or increasing parking charges for drive alone commuters;
- Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;
- Provision of subsidies for rail, transit, or vanpool fares and/or transit passes;
- Provision of vans or buses for employee ridesharing;
- Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;
- Provision of incentives for employees that do not drive alone to work;
- Permitting the use of the 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 areas, 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;
- Establishment of a program to permit employees to work part or full-time at home or at an alternative worksite closer to their homes which reduces commute trips;
- Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips;
- 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;
- Charging employees for parking, and/or the elimination of free parking; and
- Other measures that the employer believes will reduce the number and length of commute trips made to the site.
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, including:
- Employers notified or that have identified themselves to the City within ninety (90) days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within Ninety (90) days from the notification or self-identification;
Employers not identified or self-identified within ninety (90) days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City of within ninety (90) days from the adoption of the ordinance;
- 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;
- Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in DMMC 1.24.190(2).
- 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 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.