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(RCW 70.94.534) Employers are considered to be making a good faith effort if the following conditions have been met:

  1. The employer implemented the mandatory elements above and
  2. 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;
  3. The employer has provided adequate information and documentation of implementation when requested by the City of Kirkland; and
  4. The employer is working collaboratively with the City of Kirkland 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:

  1. Employee Transportation Coordinator (ETC) – The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the City. An affected employer with multiple sites may have one transportation coordinator for all sites.
  2.  Information Distribution – The employer shall provide information about alternatives to drive alone commuting to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s program, including the transportation coordinator’s name and phone number. The summary of the employer’s CTR Program shall also be submitted to the City with the employer’s program description and regular report. 
  3. Affected employers shall be required to implement the following:
    • Promotional events;
    • Commuter information center;
    • Preferential parking for high-occupancy vehicles, carpools and vanpools;
    • Provide secure covered bicycle parking facilities
  4. Additional Program Elements – In addition, 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:
    • 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 who 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:

  1. Failure to self identify as an affected employer;
  2. Failure to perform a baseline measurement, including:
    • Employers notified or that have identified themselves to the City within ninety (90) days of the chapter 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 within ninety (90) days from the adoption of the ordinance;
  3. Failure to develop and/or submit on time a complete CTR program;
  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. Submission of false or fraudulent data in response to survey requirements;
  6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this Chapter; or
  7. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance.
  1. 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.
  2. Each day of failure by an employer to (a) implement a commute trip reduction program, or (b) modify an unacceptable commute trip reduction program, or (c) fail to perform any activity required by this chapter relating to implementation of or required modification to a CTR program shall constitute a separate violation and shall be considered a civil infraction. The penalty for a violation shall be two hundred fifty dollars ($250.00) per day.
  3. 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. Employers having unionized employees shall be presumed to act in good faith compliance if they: (a) 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 (b) 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).
  4. Payment of a monetary penalty pursuant to this chapter does not relieve an affected employer of the duty to comply with the activities required by this chapter.
  5. Nothing in this chapter limits the right of the city to pursue other civil or equitable remedies it may have to obtain compliance with the activities required by this chapter.
  6. A notice of violation and imposition of monetary penalties represents a determination that a civil infraction has been committed. The determination is final unless appealed as provided in this chapter.
  7. A notice of violation and imposition of monetary penalties shall be served on the affected employer, either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested to the affected employer at his/her last known address. The person who affected personal service or service by mail shall make proof of service at the time of service by a written declaration under penalty of perjury declaring the time and date and the manner in which service was made.

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