The purpose of this chapter is to:
A. 
Reduce the proportion of drive-alone commute trips and overall vehicle miles traveled within the city;
B. 
Implement the city of Mukilteo CTR plan, including future amendments, adopted wholly and incorporated herein by reference; and
C. 
Comply with the statewide Commute Trip Reduction Law (RCW 70A.15.4000 through 70A.15.4110; Chapter 202, Laws of 1991) and as amended in 2006 by the Commute Trip Reduction Efficiency Act.
(Ord. 1520 § 2 (Exh. B), 2025)
A. 
The requirements in this chapter are applicable to all major employers and all major worksites when located within Mukilteo city limits.
B. 
Exemptions.
1. 
Any employer may submit a request for exemption from a nonmandatory CTR program element, including record keeping requirements, if they can demonstrate the inability to comply with the standard is beyond the control of the employer or that compliance would constitute an undue hardship to their business, workforce, or location.
2. 
Worksite exemptions are granted only in exceptional circumstances, such as bankruptcy, where implementing CTR measures is not feasible. A written request must detail the reasons for the exemption, and the city will review exemptions annually to determine if they remain valid.
3. 
Employees exemptions may be eligible for those who are required to drive alone to work or have variable, nonrotating shifts. These requests are assessed based on CTR board guidelines and are reviewed annually to confirm their continued validity.
(Ord. 1520 § 2 (Exh. B), 2025)
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. 
"Affected employee"
means a full-time employee who begins his or her regular work day at a major employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays for at least twelve continuous months. For the purpose of defining affected employees, the following apply:
1. 
A full-time employee is a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week.
2. 
The employee will only be counted at his or her primary worksite.
3. 
Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.
B. 
"Alternative work week"
refers to work schedules that allow employees to fulfill their required hours outside of the traditional Monday through Friday, eight a.m. to five p.m. schedule. This includes arrangements like compressed work weeks, where employees work longer hours over fewer days (e.g., four ten-hour days or eighty hours in nine days), and flex-time, where employees have flexibility in choosing their work hours while still meeting the required hours. Additionally, it includes teleworking, where employees use technology to work from home or another location, eliminating the commute or reducing the distance traveled by at least half.
C. 
"Baseline data collection"
means the collection of employee trip data at a major worksite to determine the drive-alone rate and greenhouse gas emissions per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction targets for the major employer. The baseline measurements must be implemented in a manner that meets the requirements and time frame specified by the city of Mukilteo.
D. 
"Commute trip"
means trips made from a worker's home to a worksite during the peak time of six a.m. to nine a.m. (inclusive) on weekdays.
E. 
"CTR plan"
means Mukilteo's plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction.
F. 
"CTR program"
means an employer's strategies to increase affected employees' non-drive-alone trips and reduce greenhouse gas emissions.
G. 
"Drive-alone commute trip"
means commute trips made by employees in single occupant vehicles.
H. 
"Full-time employee"
means a person, other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week on two or more weekdays per week.
I. 
"Major employer"
means a private or public employer that employs one hundred or more full-time affected employees at a single worksite who begin their regular work day between six a.m. and nine a.m. on at least two weekdays each week for at least twelve continuous months. Major employers with employment numbers that dip below one hundred but return to one hundred or more within a calendar year are considered major employers for the whole year.
J. 
"Major worksite" or "worksite"
means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time affected employees.
(Ord. 1520 § 2 (Exh. B), 2025)
A. 
CTR Program Components.
1. 
Program Description. At a minimum, the description must include:
a. 
General description of the employment worksite location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees;
b. 
Number of employees affected by the CTR program;
c. 
Goals and targets for the CTR program; and
d. 
Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources.
2. 
Mandatory Program Elements. Each CTR program must include:
a. 
Employee Transportation Coordinator (ETC). The CTR program must include the name, location, and contact information of the person responsible for administering the CTR program and acting as liaison between the employer and city. It must include evidence that ETC has completed basic training session or will do so within six months of appointment.
b. 
Information Distribution. Identification of the information and distribution methods to ensure employees receive information about alternatives to drive-alone commuting at least twice a year.
c. 
Implementation Measures. The CTR program must include at least five of the following measures, with no fewer than one measure from each subsection.
Category
Action
Commuting Support and Incentives
Subsidized or free transit passes for employees.
Pre-tax payroll deductions for transit or vanpool expenses.
Provision of subsidies for carpooling or vanpooling.
Incentives rewarding avoidance of drive-alone commute trips such as gift cards or a parking cash-out program.
Guaranteed ride home programs for emergencies.
Shuttle services from transit stations to the workplace.
Employer telework program.
Alternative work week schedules.
Options for working at alternative sites closer to employees' homes.
Incentives for walking or biking, such as gift cards or discounts on outdoor gear.
Rideshare matching events for vanpools and carpools.
Information and Education
Commute options information and orientation for new hires.
Communication plan for sharing print and digital information on the employer's CTR program.
Information on commute options and resources displayed in common areas at the workplace and/or available online or by mobile app.
Educational campaigns, conducted at least once per year, on the benefits of alternative commuting.
Outreach campaigns, conducted at least once per year, to promote walking or biking, such as a "bike to work" month.
Workshop or transportation fair, conducted at least once per year, promoting sustainable transportation options.
Personalized travel planning assistance for employees, which could include guidance on transportation benefits, planning routes, or finding rideshare partners.
Real-time transit information display at the workplace or in a centrally accessible location.
Amenities and Infrastructure
Preferential parking for carpoolers and vanpoolers.
Amenities for bike commuters including secure bike storage, showers, or bike repair stations.
On-site amenities like a cafeteria, fitness center, micro-market, or daycare to reduce off-site trips.
Provision and maintenance of electric vehicle charging stations.
Parking space for carshare vehicles or company-owned cars for employee use.
B. 
Mandatory Reporting.
1. 
Quarterly Progress Report. The employer must submit to the city a quarterly review of employee commuting data showing progress and good faith efforts as defined in RCW 70A.15.4050(2) toward meeting the goals and targets as outlined in the CTR plan. The report must be consistent with the CTR board guidelines and in a format acceptable to the city. The report must describe:
a. 
Each of the CTR measures that were in effect for the previous quarter;
b. 
The number of employees participating in the CTR program;
c. 
The effectiveness of the program and any modifications needed to achieve targets.
2. 
Biennial Progress Reports. Employers must report on the CTR program's effectiveness at reducing drive-alone trips every two years in a format acceptable to the city. This report should include survey responses on commute habits from seventy percent of employees.
C. 
Timelines for Compliance.
1. 
City Timeline for Providing Notice. The city must provide written notice to affected employers when the CTR ordinance is updated. Notice must be provided within thirty days of adoption.
2. 
Employer Timeline for Compliance.
a. 
Baseline Data. Baseline data must be provided to the city within ninety days of notice of CTR adoption or within ninety days of becoming a major employer.
b. 
CTR Programs. A written copy of the employer's CTR program must be submitted to the city for review and approval within ninety days of baseline data submittal.
c. 
Implementation. Implementation of CTR programs must begin within ninety days of CTR program approval.
d. 
Quarterly Reports. Quarterly reporting starts ninety days after plan implementation.
e. 
Biennial Reporting. The first report is due one year after implementation, and then every two years following.
3. 
Extensions. An employer may request a ninety-day extension for compliance with any of the timelines above. All requests must be made in writing at least ten days before the due date and cite the reason for the delay. Requests will be granted at the city's discretion; the lack of a response will be considered approval of the extension request.
4. 
Recordkeeping. CTR programs must include a list of the records to keep for a minimum of four years.
(Ord. 1520 § 2 (Exh. B), 2025)
A. 
No major employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable goals and targets.
B. 
Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in Chapter 1.32. The maximum penalty shall be equal to the state of class 1 civil infraction, as described in RCW 7.80.120(1)(a), or whichever is greater.
1. 
If an employer fails to make a good faith effort as defined in RCW 70A.15.4050 and this chapter, and fails to meet the applicable targets, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty 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 the employer within thirty 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 the city within ten working days of the conference.
(Ord. 1520 § 2 (Exh. B), 2025)
Any major employer may appeal administrative decisions regarding exemptions, modification of targets, modification of CTR program elements, and determinations concerning failure to implement a CTR program, to the hearing examiner pursuant to Section 17.13.020(A)(3). The appeal must be filed with the city clerk not later than the tenth day following the date of the administrative decision, accompanied by the appropriate appeal fee. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision.
(Ord. 1520 § 2 (Exh. B), 2025)