ORD 2523 ORDINANCE NO ,
AN ORDINANCE amending Title 10 of the Camas Municipal
Code by adding a new Chapter 10 . 3 6 , entitled " Commute Trip
Reduction Plan "
WHEREAS , the Council of the City of Camas on October 20 , 2008 adopted a " City of
Camas Commute Trip Reduction Plan " , a true copy of which is on file at the City of Camas ; and
WHEREAS , the Council of the City of Camas desires to incorporate the goals and
procedures of the Commute Trip Reduction Plan as adopted by amending Title 10 of the Camas
Municipal Code by including a new Chapter 10 . 36 to be entitled " Commute Trip Reduction
Plan " .
NOW , WHEREFORE , the Council of the City of Camas do ordain as follows :
Section I
A new Chapter 10 . 36 is hereby added to the Camas Municipal Code to be entitled
" Commute Trip Reduction Plan " all as set forth in the attached Exhibit " A " , incorporated herein .
Section II
This Ordinance shall take force and be in effect five days from and after its publication
according to law .
PASSED b the Council and APPROVED b the Mayor this r da of
Y Y Y Y
^ Q � _ 2008 .
SIGNED .
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Mayor
ATTEST :
-Clerk
APPROVED as to form :
City Attorney
Title 10 VEHICLES AND TRAFFIC
Chapter 10 . 36 COMMUTE TRIP REDUCTION PLAN
10 . 36 . 010 Definitions .
10 . 36 . 020 City CTR plan .
10 . 36 . 030 CTR Goals
10 . 36 . 040 Responsible City Agency
10 . 36 . 050 Applicability
10 . 36 . 060 Requirements for Employers — RCW 70 . 94 . 531
10 . 36 . 070 Record Keeping
10 . 36 . 080 Schedule and Process for CTR Program Description and Report
10 . 36 . 090 Enforcement
10 . 36 . 100 Exemptions and Goal Modifications
10 . 36 . IIOAppeals
10 . 36 . 010 Definitions .
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement
of this chapter :
"Affected Employee " means a full -time employee who begins his or her regular work day at a single
ft
worksite between 6 : 00 a . m . and 9 : 00 a . m . ( inclusive ) on two or more weekdays for at least twelve
continuous months . Seasonal agricultural employees , including seasonal employees of processors of
agricultural products , are excluded from the count of affected employees .
"Affected Employer " means an employer 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 .
( 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 . )
"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 weeks if
they result in reducing commute trips .
"Alternative Work Schedules " mean programs such as compressed work weeks that eliminate work trips
for affected employees .
" Base Fear " means the period on which goals for vehicle miles traveled (VMT ) per employee and
proportion of single - occupant vehicle ( SOV ) trips shall be based .
" Custom Bus/Buspool " means a commuter bus service arranged specifically to transport employees to
work .
" Carpool " means a motor vehicle occupied by two ( 2 ) to six ( 6 ) people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle commute trip .
Add this defintion
" Commute Trips " mean trips made from a worker ' s home to a worksite with a regularly scheduled arrival
time of 6 : 00 a . m . to 9 : 00 a . m . ( inclusive ) on weekdays .
" CTR Plan " means a ( city ' s/county ' s ) plan and ordinance to regulate and administer the CTR programs
of affected employers within its jurisdiction .
" CTR Program " means an employer ' s strategies to reduce affected employees ' SOV use and VMT per
employee .
" CTR Zone " means an area , such as a census tract or combination of census tracts , within a ( city/county )
characterized by similar employment density , population density , level of transit service , parking
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availability , access to high occupancy vehicle facilities , and other factors that are determined to affect the
level of SOV commuting .
" Commuter Matching Service " means a' system that assists in matching commuters for the purpose of
commuting together .
" 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 work day every two 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 days , but may also include other arrangements .
Add this definition
" Dominant Mode " means the mode of travel used for the greatest distance of a commute trip .
" Employer " means a sole proprietorship , partnership , corporation , unincorporated association ,
cooperative , joint venture , agency , department , district, or other individual or entity , whether public , non -
profit , or private , that employs workers .
" Exemption " means a waiver from any or all CTR program requirements granted to an employer by a
( city/county ) based on unique conditions that apply to the employer or employment site .
" Flex - Time " is an employer policy allowing individual employees some flexibility in choosing the time ,
but not the number , of their working hours to facilitate the use of alternative modes .
" Full- Time Employee " means a person , other than an independent contractor , scheduled to be employed
on a continuous basis for 52 weeks for an average of at least 35 hours per week .
" Good Faith Effort" means that an employer has met the minimum requirements identified in RCW
70 . 94 . 531 and this ordinance , and is working collaboratively with the ( City/County) 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 .
" Implementation " means active pursuit by an employer of the CTR goals of RCW 70 . 94 . 521 - 551 and this
ordinance as evidenced by appointment of a transportation coordinator , distribution of information to
employees regarding alternatives to SOV commuting , and commencement of other measures according to
its approved CTR program and schedule .
" Mode " means the means of transportation used by employees , such as single - occupant motor vehicle ,
rideshare vehicle ( carpool , vanpool ) , transit, ferry , bicycle , walking , compressed work schedule and
telecommuting .
"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 .
" Peak Period" means the hours from 6 : 00 a . m . to 9 : 00 a . m . ( inclusive ) , Monday through Friday , except
legal holidays .
" Peak Period Trip " means any employee trip that delivers the employee to begin his or her regular
workday between 6 : 00 a . m . and 9 : 00 a . m . ( inclusive ) , Monday through Friday , except legal holidays .
" Proportion of Single - Occupant Vehicle Trips " or "SOV Rate " means the number of commute trips over a
set period made by affected employees in SOVs divided by the number of potential trips taken by affected
employees working during that period .
" Single - Occupant Vehicle (SOV) " means a motor vehicle occupied by one ( 1 ) employee for commute
purposes , including a motorcycle .
"Single - Occupant Vehicle (SOV) Trips " means commute trips made by affected employees in SOVs .
" Single Worksite " means a building or group of buildings on physically contiguous parcels of land or on
parcels separated solely by private or public roadways or rights - of--way occupied by one or more affected
employers .
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" Telecommuting " means the use of telephones , computers , or other similar technology to permit an
employee to work from 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.
" Transit " means a multiple - occupant vehicle operated on a for - hire , shared - ride basis , including bus ,
ferry , rail , shared - ride taxi , shuttle bus , or vanpool . A transit trip counts as zero ( 0 ) vehicle trips .
" Transportation Demand Management (TDM) " means a broad range of strategies that are primarily
intended to reduce and reshape demand on the transportation system .
" Transportation Management Organization (TMO) " means a group of employers or an association
representing a group of employers in a defined geographic area . A TMO may represent employers within
specific city limits or may have a sphere of influence that extends beyond city limits .
" Vanpool " means a vehicle occupied by from seven ( 7 ) to fifteen ( 15 ) people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle trip . A vanpool trip counts
as zero ( 0 ) vehicle trips .
" Vehicle Miles Traveled (VW) Per Employee " means the sum of the individual vehicle commute trip
lengths in miles made by affected employees over a set period divided by the number of affected
employees during that period .
" Week" means a seven - day calendar period starting on Monday and continuing through Sunday .
" Weekday " means any day of the week except Saturday or Sunday .
" Writing, " " Written , " or "In Writing " means original signed and dated documents . Facsimile ( fax)
mssssions area temporary notice of action that must be followed by the original signed and dated
document via mail or delivery .
10 . 36 . 020 City CTR Plan
The goals established for the jurisdiction and affected employers in the city ' s Commute Trip Reduction
Plan are incorporated herein by reference . The city staff is directed to make any corrections for
typographical errors , include any graphical materials for information , and complete the Commute Trip
Reduction Plan .
10 . 36 . 030 CTR Goals
A . Commute Trip Reduction Goals
The city ' s goals for reductions in the proportions of drive - alone commute trips and vehicle miles traveled
per employee by affected employers in city ' s jurisdiction , major employment installations , and other
areas designated by the city are hereby established by the city ' s CTR Plan incorporated by Section
10 . 3 6 . 020 , above . These goals establish the desired level of performance for the CTR program in its
entirety in the city .
The city will set the individual worksite goals for affected employers based on how the worksite can
contribute to the city ' 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 Section 10 . 3 6 . 060 , below .
B . Commute Trip Reduction Goals for Affected Employers
1 . The drive - alone and VMT goals for affected employers in the city are hereby established as set forth in
the CTR Plan incorporated by Section 10 . 3 6 . 020 , above .
2 . If the goals for an affected employer or newly affected employer are not listed in the CTR Plan , they
shall be established by the city at a level designed to achieve city ' s overall goals for the jurisdiction and
other areas as designated by the city . The city shall provide written notification of the goals for each
affected employer worksite by providing the information when the city reviews the employer ' s proposed
program and incorporating the goals into the program approval issued by the city .
10 . 36 . 040 Responsible City Agency
The community development director , or his or her authorized designee , is directed and authorized to
implement and enforce the provisions of this chapter and the of the City CTR Plan , and shall have the
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authority to issue written notices and orders , and to assess civil penalties against affected employers who
do not comply with the provisions of this chapter .
10 . 36 . 050 Applicability
The provisions of this ordinance shall apply to any affected employer within the geographic limits of the
CTR Plan adopted in Section 10 . 3 6 . 020 , above .
A . Notification of Applicability
1 . In addition to the city ' s established public notification for adoption of an ordinance , a notice of
availability of a summary of this ordinance , a notice of the requirements and criteria for affected
employers to comply with the ordinance , and subsequent revisions shall be published at least once in the
official newspaper not more than 30 days after passage of this ordinance or revisions .
2 . Affected employers located in the city are to receive written notification that they are subject to this
ordinance . Such notice shall be addressed to the company ' s chief executive officer , senior official , CTR
program manager , or registered agent at the worksite . Such notification shall provide 90 days for the
affected employer to perform a baseline measurement consistent with the measurement requirements
specified by the city .
3 . Affected employers that , for whatever reason , do not receive notice within 30 days of passage of the
ordinance and are either notified or identify themselves to the city within 90 days of the passage of the
ordinance will be granted an extension to assure up to 90 days within which to perform a baseline
measurement consistent with the measurement requirements specified by the city .
4 . Affected employers that have not been identified or do not identify themselves within 90 days of the
passage of the ordinance and do not perform a baseline measurement consistent with the measurement
requirements specified by the city within 90 days from the passage of the ordinance are in violation of this
ordinance .
5 . If an affected employer has already performed a baseline measurement , or an alternative acceptable to
the city , under previous iterations of this ordinance , the employer is not required to perform another
baseline measurement .
Be Newly Affected Employers
1 . Employers meeting the definition of " affected employer " in this ordinance must identify themselves to
the city within 90 days of either moving into the boundaries outlined in the CTR Plan adopted in Section
10 . 3 6 . 020 , above , or growing in employment at a worksite to one hundred ( 100 ) or more affected
employees . Employers who do not identify themselves within 90 days are in violation of this ordinance .
2 . Newly affected employers identified as such shall be given 90 days to perform a baseline measurement
consistent with the measurement requirements specified by the city . Employers who do not perform a
baseline measurement within 90 days of receiving written notification that they are subject to this
ordinance are in violation of this ordinance .
3 . Not more than 90 days after receiving written notification of the results of the baseline measurement ,
the newly affected employer shall develop and submit a CTR Program to the city . The program will be
developed in consultation with the city to be consistent with the goals of the CTR Plan adopted in Section
10 . 3 6 . 020 , above . The program shall be implemented not more than 90 days after approval by the city .
Employers who do not implement an approved CTR Program according to this schedule are in violation
of this ordinance and subject to the penalties outlined in Section 10 . 36 . 090D , below .
C . Change in Status as an Affected Employer
Any of the following changes in an employer' s status will 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 an affected employer . It is the responsibility of
the employer to notify the city that it is no longer an affected employer . The burden of proof lies with the
employer .
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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 12 months
and will be subject to the salve program requirements as other affected employers .
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 program requirements as other newly affected
employers .
10 . 36 . 060 Requirements for Employers — RCW 70 . 94 . 531
An affected employer is required to make a good faith effort, as defined in RCW 70 . 94 . 534 ( 2 ) and this
ordinance , 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
Each employer ' s CTR program shall include the following mandatory elements :
1 . 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 .
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 the city with the employer ' s
program description and regular report .
B . 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 :
1 . Provision of preferential parking for high - occupancy vehicles ;
2 . Reduced parking charges for high - occupancy vehicles ;
3 . Instituting or increasing parking charges for drive alone commuters ;
4 . Provision of commuter ride matching services to facilitate employee ridesharing for commute trips ;
5 . Provision of subsidies for rail , transit, or vanpool fares and/or transit passes ;
6 . Provision of vans or buses for employee ridesharing ;
7 . Provision of subsidies for carpools , walking , bicycling , teleworking , or compressed schedules ;
8 . Provision of incentives for employees that do not drive alone to work ;
9 . Permitting the use of the employer ' s vehicles for carpooling or vanpooling ;
10 . Permitting flexible work schedules to facilitate employees ' use of transit , carpools , or vanpools ;
11 . Cooperation with transportation providers to provide additional regular or express service to the
worksite ;
12 . Construction of special loading and unloading facilities for transit , carpool , and vanpool users ;
13 . Provision of bicycle parking facilities , lockers , changing areas , and showers for employees who
bicycle or walk to work ;
14 . Provision of a program of parking incentives such as a rebate for employees who do not use the
parking facilities ;
15 . 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 ;
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16 . Establishment of a program of alternative work schedules , such as a compressed work week , which
reduces commute trips ;
17 . 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 ;
18 . Charging employees for parking , and/or the elimination of free parking ; and
19 . Other measures that the employer believes will reduce the number and length of commute trips made
to the site .
C . CTR Program Report and Description
Affected employers shall review their program and file a regular progress report with the city in
accordance with the format provided by the city .
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 .
At a minimum , the employer' s CTR Program Report and Description must include .
1 . A general description of the employment site location , transportation characteristics , employee parking
availability , on - site amenities , and surrounding services ;
2 . The number of employees affected by the CTR program and the total number of employees at the site ;
3 . Documentation on compliance with the mandatory CTR program elements as described in 10 . 3 6 . 060A ;
4 . Description of any additional elements included in the employer ' s CTR program as described in
10 . 3 6 . 060B ; and
5 . 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 Commute Trip Reduction Program Employee Questionnaires
( surveys ) at least once every two years , and strive to achieve at least a 70 % response rate from employees
at the worksite .
10 . 36 . 070 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 the city for a minimum of 48 months . The city and the employer
shall agree on the record keeping requirements as part of the accepted CTR program .
10 . 36 . 080 Schedule and Process for CTR Program Description and Report
A . Document Review
The city shall provide the employer with written notification if a CTR program is deemed unacceptable .
The notification must give cause for any rejection . If the employer receives no written notification of
extension of the review period of its CTR program or comment on the CTR program or annual report
within 90 days of submission , the employer ' s program or annual report is deemed accepted . The city may
extend the review period up to 90 days . The implementation date for the employer' s CTR program will
be extended an equivalent number of days .
B . Schedule
Upon review of an employer ' s initial CTR program , the city shall establish the employer' s regular
reporting date . This report will be provided in a form provided by the city consistent with 10 . 36 . 060C ,
above .
C . Modification of CTR Program Elements
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Any affected employer may submit a request to the city for modification of CTR requirements . Such
request may be granted if one of the following conditions exist :
1 . The employer can demonstrate it would be unable to comply with the CTR program elements for
reasons beyond the control of the employer , or
2 . The employer can demonstrate that compliance with the program elements would constitute an undue
hardship .
The city may ask the employer to substitute a program element of similar trip reduction potential rather
than grant the employer ' s request .
D . Extensions
An employer may request additional time to submit a CTR Program Description and Report , or to
implement or modify a program . Such requests shall be via written notice at least 30 days before the due
date for which the extension is being requested . Extensions not to exceed 90 days shall be considered for
reasonable causes . The city shall grant or deny the employer ' s extension request by written notice within
10 working days of its receipt of the extension request . If there is no response issued to the employer , an
extension is automatically granted for 30 days . Extensions shall not exempt an employer from any
responsibility in meeting program goals . Extensions granted due to delays or difficulties with any
program element ( s ) shall not be cause for discontinuing or failing to implement other program elements .
An employer ' s regular 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 the city .
E . Implementation of Employer' s CTR Program
Unless extensions are granted , the employer shall implement its approved CTR program , including
approved program modifications , not more than 90 days after receiving written notice from the city that
the program has been approved or with the expiration of the program review period without receiving
notice from the city .
10 . 36 . 090 Enforcement
A . Compliance
For purposes of this section , compliance shall mean :
1 . Fully implementing in good faith all mandatory program elements as well as provisions in the approved
CTR Program Description and Report ;
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
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 improve its CTR program ;
2 . If an employer makes a good faith effort , as defined in RCW 70 . 94 . 534 ( 2 ) and this ordinance , but has
not met 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 RCW 70 . 94 . 534 ( 2 ) and this ordinance ,
and fails to meet the applicable drive alone or VMT reduction goal , the city shall direct the employer to
revise its program within 30 days to come into compliance with the measures defined by 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 30 days of receiving written notice to revise its
program . The city shall review the revisions and notify the employer of acceptance or rejection of the
revised program . If a revised program is not accepted , the city 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
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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 the city within 10 working days of the conference .
C . Violations
The following constitute violations if the deadlines established in this ordinance are not met :
1 . Failure to self identify as an affected employer ;
2 . Failure to perform a baseline measurement , including :
a . Employers notified or that have identified themselves to the city within 90 days of the ordinance being
adopted and that do not perform a baseline measurement consistent with the requirements specified by the
city within 90 days from the notification or self- identification ;
b . Employers not identified or self- identified within 90 days of the ordinance being adopted and that do
not perform a baseline measurement consistent with the requirements specified by the city within 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
ordinance ;
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 ordinance ; or
7 . Failure to revise a CTR program as defined in RCW 70 . 94 . 534 ( 4 ) and this ordinance .
D . Penalties
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 to implement the program shall constitute a separate violation , subject to penalties .
a . Whenever the city makes a determination that the affected employer is in violation of this chapter , the
city shall issue a written notice and order and send it certified snail or registered mail return receipt
requested to the affected employer . The notice and order shall contain :
i . The name and address of the affected employer ;
lip A statement that the city has found the affected employer to be in violation of this chapter with a brief
and concise description of the conditions to be found to be in violation ;
iii . A statement of the corrective action required to be taken . If the city has determined that corrective
action is required , the order shall require all corrective action to be completed by a date stated in the
notice ;
iv . A statement specifying the amount of any civil penalty assessed on account of the violation ; and
v . A statement advising that the order shall become final unless , no later than twenty days after the notice
and order are served , any person aggrieved by the order requests in writing an appeal before the CTR
hearing examiner .
b . The penalty for a first violation shall be one hundred dollars ( $ 100 ) per day . The penalty for subsequent
violations will be two hundred fifty dollars ( $ 250 ) per day . Each day of failure to implement the program
shall constitute a separate violation .
c . Penalties will begin to accrue thirty calendar days following the official date of notice from the city . In
the event an affected employer appeals the violation of penalties , the penalties will not accrue during the
appeals process . Should the hearing examiner decide in favor of the appellant , all of the monetary
penalties will be dismissed .
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 . Unionized
employers 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
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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 ) .
10 . 36 . 100 Exemptions and Goal Modifications
A . Worksite Exemptions
An affected employer may request the city 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 the 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 proportion of drive alone trips and VMT per employee .
Exemptions may be granted by the city 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 . The city shall grant or deny the request within 30
days of receipt of the request . The city 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 . The city will use the criteria identified in the CTR Board Administrative Guidelines to assess the
validity of employee exemption requests . The city shall grant or deny the request within 30 days of
receipt of the request . The city 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 the city modify its CTR program goals . Such requests shall be
filed in writing at least 60 days prior to the date the worksite is required to submit its program description
or 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 of the
elements contained in its approved CTR program .
2 . The city will review and grant or deny requests for goal modifications in accordance with procedures
and criteria identified in the CTR Board Guidelines ,
3 . An employer may not request a modification of the applicable goals until one year after city/county
approval of its initial program description or annual report .
10 . 36 . 110Appeals
A . Appeals . Any affected employer may appeal administrative decisions regarding exemptions ,
modification of goals , CTR program elements , and violations and penalties to the city CTR hearing
examiner . Appeals shall be filed within twenty days of the administrative decision .
B . Judicial Appeal . Any decision of the CTR hearing examiner shall be reviewable for unlawful ,
arbitrary , capricious or corrupt action or non - action by writ of review before the superior court of Clark
County . The action may be brought by any person who deems himself aggrieved by such decision ,
provided however , that application for such a writ of review shall be made to the court within thirty days
from any decision to be reviewed . The cost of transcription of any records ordered certified by the court
for such review shall be borne by the appealing party .
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