The purpose of this chapter is to promote the public health, safety, and general welfare by establishing goals for employers to reduce single-occupant vehicle (SOV) use and vehicle miles traveled (VMT); by providing standards to measure SOV and VMT reduction against; and by requiring that commute trip reduction programs be established in accordance with Chapter 70.94 RCW.
(Ord. 96C-95 § 2)
The intent of this chapter is to improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to the single-occupant vehicle for the commute trip.
(Ord. 96C-95 § 3)
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
1. 
"Affected employee"
means a full-time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this chapter, shareholders, principles and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.
2. 
"Affected employer"
means a public or private employer that, for 12 continuous months, employs 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. The intent is to include any employer that has 100 or more full-time employees scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m., even if the individual employees vary over time. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
3. 
"Alternative commute mode"
means any type 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.
4. 
"Alternative work schedules"
means programs such as compressed work weeks that eliminate work trips for affected employees.
5. 
"Base year"
means the period from January 1, 1995, through December 31, 1995, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.
6. 
"City"
means the city of Newcastle.
7. 
"Commute trips"
means 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.
8. 
"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 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.
9. 
"CTR plan"
means the city of Newcastle's plan as set forth to regulate and administer the CTR programs of affected employers within its jurisdiction.
10. 
"CTR program"
means an area, such as a census tract or combination of census tracts, within Newcastle characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
11. 
"Dominant mode"
means the mode of travel used for the greatest distance of a commute trip.
12. 
"Employee"
means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.
13. 
"Employer"
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.
14. 
"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.
15. 
"Full-time employee"
means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
16. 
"Implementation"
means active pursuit by an employer of the CTR goals of RCW 70.94.521-551 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV community, and commencement of other measures according to their CTR program and schedule.
17. 
"Mode"
means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.
18. 
"Peak period"
means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
19. 
"Peak period trip"
means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
20. 
"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 affected employees working during that period.
21. 
"Single-occupant vehicle (SOV)"
means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
22. 
"Single-occupant vehicle trips"
means trips made by affected employees in SOVs.
23. 
"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.
24. 
"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.
25. 
"Transportation management association (TMA)"
means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.
26. 
"Vehicle miles traveled (VMT) 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.
27. 
"Waiver"
means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.
28. 
"Week"
means a seven-day calendar period, starting on Monday and continuing through Sunday.
29. 
"Weekday"
means any day of the week except Saturday or Sunday.
(Ord. 96C-95 § 4)
The commute trip reduction goals for employers affected by this chapter are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the 1995 base year value of Newcastle's CTR zone:
A. 
15 percent by January 1, 1998.
B. 
25 percent by January 1, 2000.
C. 
35 percent by January 1, 2002.
(Ord. 96C-95 § 5)
Employers in the city of Newcastle fall within the east King County CTR zone designated by the boundaries shown on the map attached hereto and incorporated herein by reference.
The base year value of this zone for proportion of SOV trips shall be 85 percent. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.3 miles. Affected employers in the city of Newcastle shall establish programs designed to result in SOV rates of not more than 72.3 percent in 1998, 63.8 percent in 2000 and VTM per employee of not more than 7.9 miles in 1998, 6.9 miles in 2000, and 6.0 miles in 2002.
(Ord. 96C-95 § 6)
The CTR law requires that each local jurisdiction submit its commute trip reduction plan not more than 30 days after adoption of both the plan and the ordinance codified in this section. The city of Newcastle will develop a CTR plan, to be brought forward for city council review. This plan may be amended by further action of the city council.
(Ord. 96C-95 § 7)
The city of Newcastle human resources department shall be responsible for implementing this chapter, the CTR plan, and the city's CTR program for its own employees. The city manager shall have the authority to issue such rules and administrative procedures as are necessary to implement this chapter.
(Ord. 96C-95 § 8)
The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city of Newcastle. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: 1) seasonal agricultural employees, including seasonal employees of processors of agricultural products and 2) employees of construction worksites when the expected duration of the construction is less than two years.
A. 
Notification of Applicability.
1. 
Known affected employers located in Newcastle will receive formal written notification by certified mail that they are subject to this chapter within 30 days after passage of the ordinance codified in this section.
2. 
Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this section must identify themselves to the city within 180 days of the passage of the ordinance codified in this section. Once they identify themselves, such employers will be granted 150 days within which to develop and submit a CTR program.
B. 
Newly Affected Employers. Employers that meet the definition of "affected employer" in this ordinance must identify themselves to the city within 180 days of either moving into the boundaries of Newcastle or growing in employment at a worksite to 100 or more affected employees. Once they identify themselves, such employers shall be granted 150 days to develop and submit a CTR program.
New affected employers shall have two years to meet the first CTR goal of a 15 percent reduction from the base year values identified in NMC § 14.20.050; four years to meet the second goal of a 25 percent reduction; and six years to meet the third goal of a 35 percent reduction from the time they begin their program.
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 affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for a waiver (see NMC § 14.20.110.)
2. 
If an employer initially designated as an affected employer no longer employs 100 or more affected employers and has not employed 100 or more affected employees for the past 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.
3. 
If the same employer returns to the level of 100 or more affected employees within the same 12 months after its change in status to an "unaffected" employer, that employer shall be treated as a new affected employer, and will be subject to the same program requirements as other new affected employers.
(Ord. 96C-95 § 9)
An affected employer is required to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. The CTR program must include the mandatory elements described below, including submittal of a CTR program description and annual progress report. Transportation management associations may submit CTR program descriptions and annual reports on behalf of employers; however, each employer shall remain accountable for the success of its program.
A. 
CTR Program Description. Each affected employer is required to submit a description of its CTR program to the city on the official form available from the human resources department. At a minimum, the employer's description must include:
1. 
Site Description. General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees.
2. 
Employee Description. Number of employees affected by the CTR program.
3. 
CTR Program Elements. Description of CTR elements to be implemented by the employer to meet the commute trip reduction goals of the CTR law, this chapter and the city of Newcastle's CTR plan.
4. 
CTR Program Schedule. Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program.
B. 
Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements:
1. 
Employee Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) 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 of Newcastle. An affected employer with multiple sites may have one transportation coordinator for all sites.
2. 
Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer's program, including ETC name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer's program description and annual report must describe what information is to be distributed by the employer and the method of distribution.
3. 
Annual Progress Report. The CTR program must include an annual review of employee commuting and of progress toward meeting the SOV reduction goals. Affected employers shall file a progress toward annually with the city. The employer should contact the city's human resources department for the format of the report.
4. 
Additional Program Elements. In addition to the specific program elements described above, the employer's CTR program shall include, but is not limited to, one or more of the following:
a. 
Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;
b. 
Instituting or increasing parking charges for SOVs;
c. 
Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips;
d. 
Provision of subsidies for transit fares;
e. 
Provision of vans for vanpools;
f. 
Provision of subsidies for carpools or vanpools;
g. 
Permitting the use of the employer's vehicles for carpooling or vanpooling;
h. 
Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools;
i. 
Cooperation with transit providers to provide additional regular or express service to the work site;
j. 
Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
k. 
Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
l. 
Provision of a program of parking incentives such as rebate for employees who do not use the parking facilities;
m. 
Establishment of a program to permit employees to work part- or full-time at home or at an alternative work site closer to their homes;
n. 
Establishment of a program of alternative work schedules which reduce commuting, such as compressed work weeks;
o. 
Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi service or guaranteed ride home programs.
(Ord. 96C-95 § 10)
A. 
CTR Program. Not more than six months after the adoption of this ordinance, or within six months after an employer becomes subject to the provisions of the ordinance codified in this chapter, the employer shall develop a CTR program and shall submit to the city a description of that program for review.
B. 
CTR Annual Reporting Date. Employers will be required to submit an annual CTR report to the city beginning with the first annual reporting date assigned during the initial program submittal. The annual reporting date shall be no less than 12 months from the day the initial program description is submitted. Subsequent years' reports will be due on the same date each year.
C. 
Content of Annual Report. The annual progress report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in the CTR programs.
D. 
Measurement Year Reports. Measurement year reports shall be prepared by employers by the employer's annual reporting date preceding the measurement years of 1998, 2000, and 2002. The measurement year reports shall serve as an annual report for that year. Survey information about the employer's affected employees' achievement of the CTR goals shall be collected and reported. The survey of employees shall utilize the Washington State Energy Office CTR survey form or an approved alternative form. Affected employers shall file a measurement year report with the city of Newcastle, utilizing the official CTR program report form.
E. 
Program Review. The city shall provide the employer with written notification indicating whether a CTR program was approved or deemed unacceptable.
1. 
Initial program descriptions will be deemed acceptable if:
a. 
All required information on the program description form is provided, and
b. 
The program description includes the following information:
i. 
Name, location and telephone number of the employee transportation coordinator for each worksite.
ii. 
Plan for and documentation of regular distribution of information to employees about the employer's CTR program at the worksite, including alternatives to driving alone to work.
iii. 
Plan for and implementation of at least one additional measure designed to achieve the applicable goal.
F. 
Implementation of Employer's CTR Program. The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the city unless extensions allow for late implementation. Implementation of programs that have been modified based on nonattainment of CTR goals must occur within 30 days following city approval of such modifications.
(Ord. 96C-95 § 11)
A. 
Waivers. An affected employer may request the city to grant a waiver from CTR program requirements for a particular worksite. A waiver may be granted if and only if the affected employer demonstrates that it faces an extraordinary circumstance as a result of the characteristics of its business, its work force, or its location(s) and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee. Requests for waivers applying to the initial program submittal are due within three months after the employer has been notified that it is subject to this ordinance and thereafter requests can be made at any time. Requests must be made in writing by certified mail or delivery, return receipt. The city shall review annually all employers receiving waivers, and shall determine whether the waiver will continue to be in effect during the following program year.
B. 
Goal Modification. Any affected employer may request a modification of program goals. Grounds for granting modifications are limited to the following:
1. 
An affected employer can demonstrate it requires:
a. 
Significant numbers of its employees to use the vehicles they drive to work during the workday for work purposes, that no reasonable alternative commute mode exists for these employees, and that the vehicles cannot reasonably be used for carpool or vanpools.
b. 
Some employees to work variable shifts during the year, so that these employees sometimes begin their shifts within the 6:00 a.m. to 9:00 a.m. time period and other times begin their shifts outside that time period. (Exception: If there are a significant number of employees who work an identical shift rotation those employees would be expected to be part of the employer's CTR program measurement, as they form enough of a consistent pool to maintain ridesharing arrangements.)
If the employer provides documentation indicating how many employees meet either of these conditions, the applicable goals will not be changed but the employees who fall into these categories will not be included in the calculations of proportion of SOV trips and VMT per employee used to determine the employer's progress toward program goals.
2. 
An affected employer demonstrates that its worksite is contiguous with a CTR zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition, the employer's worksite may be made subject to the same goals for VMT per employee and proportion of SOV trips as employers in the adjoining CTR zone. (Employers may only request a modification based on subsections (B)(1) and (B)(2) within three months after being notified that they are subject to this chapter.)
3. 
Unanticipated conditions, such as unavailability of alternative commute modes due to factors related to the worksite, an employer's work force, or characteristics of the business that are beyond the employer's control. A request for goal modification based on this condition must be made by the employer's assigned reporting dates.
4. 
Relocation of a worksite of CTR program goals must be made in writing by certified mail or delivery, return receipt.
All requests for modification of CTR program goals must be made in writing by certified mail or delivery, return receipt.
C. 
Modification of CTR Program Elements. If an employer wants to change a particular aspect of its CTR program during the period of time between annual reporting dates, the employer must contact the city.
D. 
Extensions. An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing no less than 30 days before the due date for which the extension is being requested. Requests must be made prior to the due date anytime a program submission is going to be more than one week late. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 allowed extension days per year. 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 annual 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 human resources director.
(Ord. 96C-95 § 12)
A. 
Credit for Programs Implemented Prior to the Base Year. Employers with successful TDM programs implemented prior to the base year may apply to the city for program credit.
1. 
Employers whose VMT per employee and proportion of SOV trips are already equal to or less than the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year's annual report.
2. 
Employers applying for the program credit in their initial program description shall be considered to have met the CTR goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the base year zone values. This three percentage point credit applies only to the first reporting year CTR goals only.
For the initial year, employer requests for program credit are due within three months after notification that the employer is subject to this ordinance. Requests for program credit must be received by the employer's assigned reporting dates for succeeding years.
Applications for a program credit shall include an initial program description, written commitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant's VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards established in the director's rules for implementation of this ordinance.
B. 
Credit for Alternative Work Schedules, Telecommuting, Bicycling and Walking, by Affected Employees.
1. 
The city will count commute trips eliminated through alternative work schedules, telecommuting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee.
2. 
This type of credit is applied when calculating the SOV and VMT rates of affected employers.
(Ord. 96C-95 § 13)
A. 
Purpose and Appointment of Members. The city may appoint member(s) from affected employers to regional or subregional employer peer review groups created through interlocal agreement with other jurisdictions. The specific functions of the peer review group shall be determined by the interlocal agreement.
B. 
Limitations of Peer Review Group. Any peer review group shall be advisory in nature. The city shall not be bound by any comments or recommendations of any peer review group.
(Ord. 96C-95 § 14)
A. 
Appeal of Final Decisions. Employers may file a written appeal of the city's final decisions regarding the following actions:
1. 
Rejection of an employer's proposed program.
2. 
Denial of an employer's request for a waiver or modification of any of the requirements under this ordinance or a modification of the employer's program.
3. 
Denial of credits requested under NMC § 14.20.120.
Such appeals must be filed with the city within 20 days after the employer receives notice of a final decision. Timely appeals shall be heard by the Newcastle city council. Determinations on appeals shall be based on whether the decision being appealed was consistent with the state law.
(Ord. 96C-95 § 15)
A. 
Compliance. For purposes of this section, compliance shall mean submitting required reports and documentation at prescribed times and fully implementing all provisions in an accepted CTR program.
B. 
Violations. The following actions shall constitute a violation of this chapter:
1. 
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 SOV goals as specified in this chapter. Failure to implement a CTR program includes but is not limited to:
a. 
Failure of any affected employer to submit a complete CTR program within the deadlines specified in NMC § 14.20.120.
b. 
Failure to submit required documentation for annual reports.
c. 
Submission of fraudulent data.
2. 
Failure to modify a CTR program found to be unacceptable by the city under NMC § 14.20.080(D).
C. 
Penalties. Each day of failure by an employer to 1) implement a commute trip reduction program or 2) modify an unacceptable commute trip reduction program shall constitute a separate violation and shall be considered a Class I civil infraction pursuant to RCW 7.80.120. The penalty for a violation shall be $50.00 per day.
An 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 (b) advise the union of the existence of the statute and the mandates of the CTR program approved by the city of Newcastle and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).
(Ord. 96C-95 § 17)