This chapter shall be known as the "Commute Trip Reduction Program Ordinance of the City of Mountlake Terrace," and the requirements set forth in this chapter are applicable to all major employers defined herein.
(Ord. 2891 § 4, 2025)
These regulations shall apply to all major employers at any single worksite within the incorporated area of the City of Mountlake Terrace.
(Ord. 2891 § 4, 2025)
The purpose of this chapter is to comply with the statewide Commute Trip Reduction Law of 1991 (RCW 70A.15.4000 through 70A.15.4110 as adopted or hereafter amended) and as amended in 2006 by the Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance shall not be used as a substitute for reviews of projects under other City requirements for compliance with the State Environmental Policy Act (SEPA).
(Ord. 2891 § 4, 2025)
The Director or their designee shall have the duty and responsibility of administering the provisions of this chapter with the authority to promulgate rules and standards to implement and administer this chapter.
(Ord. 2891 § 4, 2025)
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
means a full-time employee who begins his or her regular work day at a major employer worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. For the purposes of defining affected employees the following apply:
A full-time employee is 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.
The employee will only be counted at his or her primary worksite.
Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.
means:
An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the 100 person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and
An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over 70,000 that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or
An urban growth area identified by the Washington State Department of Transportation as listed in WAC 468-63-020(2)(b).
means any means of commute transportation other than that in which the drive-alone motor vehicle is the dominant mode, including teleworking and compressed work weeks if they result in reducing commute trips.
means work schedules which allow employees to work their required hours outside of the traditional Monday through Friday, 8:00 a.m. to 5:00 p.m. schedule. Programs such as compressed work weeks that eliminate work days for affected employees are an example.
means the collection of employee trip data at a major worksite to determine the nondrive-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 Mountlake Terrace.
means a motor vehicle occupied by at least two people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
means the City of Mountlake Terrace through its responsible official.
means trips made from a worker's home to a worksite during the peak time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
means a system that assists in matching commuters for the purpose of commuting together, such as RideshareOnline.com.
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 biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.
means a portion of the Washington Clean Air Act known as commute trip reduction, codified in RCW 70A.15.4000 through 70A.15.4110, requiring each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the 100 person hours of delay threshold calculated by the Department of Transportation, as well as those counties and cities located in any contiguous urban growth areas. Counties and cities within the designation above shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area.
means Mountlake Terrace's plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction.
means an employer's strategies to increase affected employees' nondrive-alone trips and reduce greenhouse gas emissions.
means the City's Community and Economic Development Director or his/her designee.
means commute trips made by employees in single occupant vehicles.
means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonprofit, or private, that employs workers.
means employer transportation coordinator as required pursuant to RCW 70.94.531(3).
means 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.
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 on two or more weekdays per week.
means the established criteria for measuring effectiveness of employer programs as outlined in the City of Mountlake Terrace CTR plan.
means when that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the City 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.
means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter and the CTR plan as evidenced by appointment of an employee transportation coordinator, distribution of information to employees regarding alternatives to nondrive-alone commuting, and commencement of other measures according to its approved CTR program and schedule.
means a private or public employer, including state agencies, that employs 100 or more full-time affected employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least 12 continuous months.
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 100 or more full-time affected employees.
means the means of transportation used by employees, such as drive-alone motor vehicle, ride share vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and teleworking.
means the City of Mountlake Terrace.
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.
means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. If there are other passengers occupying the motor vehicles, but the ages of these passengers are under 16, the motor vehicle is still considered a single-occupant vehicle for measurement purposes.
means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress, such as increase in nondrive-alone trips and reduction of greenhouse gas emissions.
means the use of telephones, computers, or other similar technology to permit an employee to work anywhere at any time, 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.
means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, shared-ride taxi, rail, shuttle bus, or vanpool.
means a vehicle occupied by seven to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.
means the physical location occupied by an employer that is voluntarily implementing a CTR program.
means a seven-day calendar period starting on Monday and continuing through Sunday.
means any day of the week except Saturday or Sunday.
means original signed and dated documents delivered via the United States Postal Service.
(Ord. 2891 § 4, 2025)
The Mountlake Terrace CTR Plan, attached to the ordinance codified in this chapter as Exhibit A, and incorporated by reference as though fully set forth, is adopted wholly, pursuant to the Commute Trip Reduction Efficiency Act.
(Ord. 2891 § 4, 2025)
The provisions of this chapter shall apply to all major employers at any single worksite or voluntary worksite within the corporate limits of the City of Mountlake Terrace.
A.
Notification of Applicability.
1.
Major employers located in Mountlake Terrace are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company's chief executive officer, senior official, or CTR manager at the worksite. Such notification shall provide 90 days for the major employer to perform a baseline data collection. After the results of the baseline data are provided to the major employer, the employer has 90 days to submit a CTR program to the City.
2.
Major employers and voluntary worksites that, for whatever reasons, do not receive notice within 30 days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the City within 90 days of the passage of the ordinance codified in this chapter will be granted an extension of up to 90 days within which to perform a baseline data collection. The major employer must submit a CTR program to the City within 90 days of receiving the results of the baseline data results.
B.
New Major Employers. Employers that meet the definition of a major employer in this chapter must identify themselves to the City within 90 days of either moving into the boundaries of the City or growing in employment at a worksite to 100 or more affected employees. Such employers shall complete baseline data collection within 90 days of identification as a major employer and shall submit a CTR program within 90 days of the baseline data results. The CTR program will be developed in consultation with the City and implemented not more than 90 days after the program's approval. Employers who do not implement an approved CTR program according to this section are in violation of this chapter.
C.
Change in Status as a Major 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 a major employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer a major employer. It is the responsibility of the employer to notify the City that it is no longer a major employer.
2.
If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered a major employer for the entire 12 months, and will be subject to the same program requirements as other major employers.
3.
If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to a voluntary worksite employer, that employer shall be treated as a new major employer and will be subject to the same program requirements as other new major employers.
(Ord. 2891 § 4, 2025)
A major employer is required to make a good faith effort to develop and implement a CTR program that will encourage its employees to decrease drive-alone commute trips. The employer shall submit a description of its program to the City and provide a quarterly progress reports to the City on employee commuting and progress toward meeting the goals and targets. The CTR program must include the mandatory elements as described below.
A.
CTR Program Description Requirements. The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction program goals and targets stated in the City's CTR plan. 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 and to form or use transportation management organizations (TMOs) in developing and implementing CTR programs.
1.
Description of Employer's CTR Program. At a minimum, the employer's 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.
Documentation of compliance with the mandatory CTR program elements (as described in subsection B of this section);
d.
Description of the additional elements included in the CTR program (as described in subsection B of this section); and
e.
Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources.
B.
Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements:
1.
Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The coordinator and/or designees's name, location, and contact information must be displayed prominently at each major worksite. The coordinator 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; a major employer with multiple sites may have one transportation coordinator for all sites.
2.
Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least twice a year. Each employer's program description and annual or biannual report must identify the information to be distributed and the method of distribution.
3.
Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting and progress and good faith efforts toward meeting the goals and targets as outlined in the CTR plan. Major employers shall file a quarterly progress report with the City in accordance with the format established by this chapter and consistent with the CTR board guidelines[1]. The report shall describe each of the CTR measures that were in effect for the previous quarter, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the worksite's CTR targets. The format of the report shall be provided by the City. The employer should contact the City for the format of the report.
[1]
CTR Guidelines can be found at www.ctrsurvey.org and www.communitytransit.org/ETC.
4.
Trip Data Measurement. In addition to the specific program baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals.
5.
ETC Training. ETCs will be required to attend an ETC basic training session within six months of appointment.
6.
Employer Notification. Employers will be required to notify the City or designee when there are proposed changes to their CTR program, changes in ETC or contact information, and/or changes in number of employees at the worksite.
7.
ETC Networking/Advanced Training. ETCs will be required to attend at least six hours of networking or advanced training per year. Training and networking sessions may include marketing CTR programs to employees, trip planning, ridesharing, joint promotions and networking meetings.
8.
Additional Program Elements. Major employers shall choose at least five of the following measures including one from each subsection below (subsection (B)(8)(a), Commuting Support and Incentives; (B)(8)(b), Information and Education; and (B)(8)(c), Amenities and Infrastructure). Alternative measures may be submitted by the employer to Community Transit for review and approval. Worksites located next to other employers are encouraged to partner to provide shared commuting amenities and distribute costs and benefits more broadly.
a.
Commuting Support and Incentives.
i.
Subsidized or free transit passes for employees.
ii.
Pre-tax payroll deductions for transit or vanpool expenses.
iii.
Provision of subsidies for carpooling or vanpooling.
iv.
Incentives rewarding avoidance of drive-alone commute trips such as gift cards or a parking cash-out program.
v.
Guaranteed ride home programs for emergencies.
vi.
Shuttle services from transit stations to the workplace.
vii.
Employer telework program.
viii.
Flexible or compressed workweek schedules.
ix.
Options for working at alternative sites closer to employees' homes.
x.
Incentives for walking or biking, such as gift cards or discounts on outdoor gear.
xi.
Rideshare matching events for vanpools and carpools.
b.
Information and Education.
i.
Commute options information and orientation for new hires.
ii.
Communication plan for sharing print and digital information on the employer's CTR program.
iii.
Information on commute options and resources displayed in common areas at the workplace and/or available online or by mobile app.
iv.
Educational campaigns, conducted at least once per year, on the benefits of alternative commuting.
v.
Outreach campaigns, conducted at least once per year, to promote walking or biking, such as a "bike to work" month.
vi.
Workshop or transportation fair, conducted at least once per year, promoting sustainable transportation options.
vii.
Personalized travel planning assistance for employees, which could include guidance on transportation benefits, planning routes, or finding rideshare partners.
viii.
Real-time transit information display at the workplace or in a centrally accessible location.
c.
Amenities and Infrastructure.
i.
Preferential parking for carpoolers and vanpoolers.
ii.
Amenities for bike commuters including secure bike storage, showers, or bike repair stations.
iii.
On-site amenities like a cafeteria, fitness center, micro-market, or daycare to reduce off-site trips.
iv.
Provision and maintenance of electric vehicle charging stations.
v.
Parking space for carshare vehicles or company-owned cars for employee use.
(Ord. 2891 § 4, 2025)
Major employers shall include a list of the records they will keep as part of the CTR program they submit to the City for approval. Employers will maintain all records listed in their CTR program for a minimum of 48 months. The City and the employer shall agree on the recordkeeping requirements as part of the accepted CTR program.
(Ord. 2891 § 4, 2025)
A.
CTR Program. Not more than 90 days after the adoption of the ordinance codified in this chapter, or within 90 days after an employer qualifies under the provisions of this chapter, the employer will be given 90 days to complete baseline data collection, and an additional 90 days to submit a CTR program once the baseline data results are given to the employer. The CTR program will be developed in consultation with the City and implemented not more than 90 days after the program's approval by the City. Employers who do not implement an approved CTR program according to this section are in violation of this chapter.
B.
Document Review. The City shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for the rejection. The employer shall have 30 days to resubmit a modified program. If the employer receives no written notification of extension of the review period of its CTR program or comments on the CTR program or quarterly report within 90 days of submission, the employer's program or quarterly 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.
C.
CTR Quarterly Progress Reports. Upon approval of an employer's initial CTR program, the employer shall submit quarterly reports on the dates requested from the City, no less than 90 days after program approval.
D.
Modification of CTR Program Elements. Any major employer may submit a request to the City to modify a CTR program element, other than the mandatory elements specified in this chapter, including recordkeeping requirements. Such requests may be granted if one of the following conditions exist:
E.
Extensions. An employer may request additional time to submit a CTR program or CTR report, or to implement or modify a program. Such requests shall be made via written notice at least 10 working 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 in writing within 10 working days of 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 and targets. 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 reporting date shall not be adjusted permanently as a result of these extensions. An employer's reporting date may be extended at the discretion of the Director or his/her designee.
F.
Implementation of Employer's CTR Program. The employer shall implement its approved CTR program not more than 90 days after the program was first submitted to the City. Implementation of the approved program modifications shall begin within 30 days of the final decision or 90 days from submission of the CTR program or CTR quarterly report, whichever is greater.
(Ord. 2891 § 4, 2025)
A.
Compliance. For purposes of this section, "compliance" shall mean fully implementing in good faith all provisions in an approved CTR program.
B.
Program Modification Criteria. The following criteria for achieving targets for nondrive-alone trips and greenhouse gas emissions per employee shall be applied to determine requirements for employer CTR program modifications:
1.
If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both targets, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.
2.
If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable targets, the City shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the City for approval within 30 days of reaching agreement.
3.
If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) 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 30 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 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 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 chapter are not met:
1.
Failure to self-identify as a major employer within the time frames indicated in the timelines identified in MTMC § 10.15.070, Applicability;
2.
Failure to perform a baseline data collection including:
a.
Employers notified or that have identified themselves to the City within 90 days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection 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 codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the City within 90 days from the adoption of the ordinance codified by this chapter;
c.
A new major employer that does not perform baseline data collection consistent with the requirements specified by the City within 90 days of identification as a major employer;
3.
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 the goals and targets as specified in this chapter;
4.
Submission of false or fraudulent data in response to data collection requirements;
5.
Failure to make a good faith effort, as defined in RCW 70.94.534(2); or
6.
Failure to revise a CTR program as defined in RCW 70.94.534(4).
D.
Penalties.
1.
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.
2.
Each day of failure to implement the CTR program required by this chapter shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW. The maximum penalty shall be equal to the state of Washington Class I civil infraction of $250.00 per day per violation, as described in RCW 7.80.120(1)(a), or whichever is greater.
3.
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. 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
(Ord. 2891 § 4, 2025)
A.
Worksite Exemptions. A major employer may submit a request to 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 this chapter 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 major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures of the approved CTR plan. Exemptions may be granted by the City at any time based on written notice provided by the major employer. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. 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 Guidelines[1] to assess the validity of employee exemption requests. The City shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
[1]
CTR Guidelines can be found at www.ctrsurvey.org and www.communitytransit.org/ETC.
(Ord. 2891 § 4, 2025)
A.
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 MTMC § 18.05.050, Administrative decisions – Type B. 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.
B.
The appeal shall be heard by the City's Hearing Examiner. Substantial weight shall be given to the administrative decision and the burden of establishing the contrary shall be upon the appealing party. In reviewing the appeal, the Hearing Examiner shall determine whether the administrative decision is consistent with the provisions of this chapter including the City's CTR plan. The Hearing Examiner shall have jurisdiction over the appeal and the authority to affirm, modify, reverse or remand the administrative decision, or to grant other appropriate relief. The decision of the Hearing Examiner shall constitute a final decision appealable to Superior Court.
(Ord. 2891 § 4, 2025)
A.
It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B.
It is the specific intent of this chapter that no provisions or any term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.
C.
Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 2891 § 4, 2025)