The purpose of this chapter is to comply with the state of Washington’s Commute Trip Reduction Law, RCW 70A.15.4000 through 70A.15.4110, as amended from time to time.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
The definitions set forth in RCW 70A.15.4010 and WAC 468-63-020, as amended from time to time, are incorporated herein by reference.
B. “Affected employer” “Alternative mode” “Alternative work schedules” “Baseline measurement” “Carpool” “City” “Compressed work week” “CTR” “CTR plan administrator” “CTR program” “Day” or “days” “Dominant mode” “Drive-alone rate” “Drive-alone trips” “Employee CTR survey” “Employee transportation coordinator” (ETC) “Exemption” “Flex-time” “Full-time employee” “Good faith effort” “Implementation” “Major employer” “Mode” “Peak period” “Peak period trip” “Proportion of drive-alone trips” “Ride matching service” “Shoreline CTR plan” “Shoreline CTR plan administrator” “Telecommuting” “Transit” “Transportation demand management (TDM)” “Vanpool” “Week” “Weekday”
In addition to the definitions incorporated pursuant to subsection A of this section, the following definitions shall apply in the interpretation and enforcement of this chapter. Any word or phrase not specifically defined shall be given its usual and customary meaning.
means an employer that employs 100 or more full-time employees at a single worksite covered by the commute trip reduction plan who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
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 week schedules if they result in reducing commute trips.
mean programs such as compressed work week schedules that eliminate work trips for affected employees.
means the survey, during the base year, of employees at an affected employer worksite, to determine the drive-alone rate per employee at the worksite.
means a motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip.
means the city of Shoreline.
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 includes 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.
means commute trip reduction.
means the city staff person identified as administering this chapter.
means an affected employer’s strategies to reduce employees’ drive-alone commutes.
means calendar days unless otherwise denoted.
means the mode of travel used for the greatest distance of a commute trip.
has the same meaning as “proportion of drive-alone trips.”
means commute trips made by employees in single-occupant vehicles.
means the survey performed by affected employers every two years that allows employers to understand the commute patterns of their employees.
means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program.
means a waiver from any or all CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or work site.
is an employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time but not the number of their working hours.
means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week.
means that an employer has met the minimum requirements identified in RCW 70A.15.4040 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 70A.15.4000 through 70A.15.4110 and this chapter as evidenced by designation of an employee transportation coordinator, distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to its CTR program and any subsequent report.
has the same meaning as “affected employer.”
means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule, and telecommuting.
means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
means any commute trip that delivers the employee to begin their regular workday during the peak period.
means the number of commute trips over a set period made by employees in single-occupancy vehicles divided by the number of potential commute trips taken by employees working during that same period.
means a system which assists in matching commuters for the purpose of commuting together.
means the plan that establishes the city-wide goals that an affected employer’s CTR program should, to the greatest extent possible, be consistent with.
means the director of public works or designee.
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 workplace closer to home.
means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, light rail, shared-ride taxi, shuttle bus, or vanpool.
means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
means a vehicle occupied by five to 15 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.
means a seven-day calendar period starting on Monday and continuing through Sunday.
means any day of the week except Saturday or Sunday.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
The city-wide goal(s) established for affected employers within the city, including the city of Shoreline, are set forth in the city of Shoreline’s commute trip reduction plan included as Exhibit A to the ordinance codified in this chapter. This plan is adopted and incorporated herein by reference as the Shoreline CTR plan.
B.
Commute Trip Reduction Goal(s). The city’s goal(s) for reductions in the proportions of drive-alone commute trips per employee by affected employers within the city are established by the Shoreline CTR plan. The drive-alone rate goal for affected employers is as set forth in the Shoreline CTR plan.
1.
Each affected employer should endeavor to achieve the Shoreline CTR plan goal(s) and perform tasks and develop strategies for their CTR programs that facilitate this endeavor.
2.
The Shoreline CTR plan administrator shall share information toward achievement of goal(s) based on CTR progress reports and employee CTR survey analysis and work with each affected employer in evaluating their CTR program if the goal(s) is not met.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
The city shall be responsible for implementing this chapter, the Shoreline CTR plan, and its own CTR program for city employees.
B.
The Shoreline CTR plan administrator shall have the authority to promulgate administrative rules and procedures necessary to implement this chapter, the Shoreline CTR plan, and the city’s CTR program.
(Ord. 1029 § 2 (Exh. B), 2025)
The provisions of this chapter shall apply to any affected employer within the corporate limits of the city of Shoreline.
A.
Existing Affected Employers. Employers that have been identified as an affected employer prior to April 1, 2025, and have a city-approved CTR program. Existing affected employers have a continuing obligation to comply with this chapter.
B.
Newly Affected Employers. Employers meeting the definition of affected employer after April 1, 2025.
1.
Newly affected employers must identify themselves to the city within 90 days of satisfying the definition of affected employer. This includes employers newly commencing business activities within the city or existing employers experiencing growth in employment at an existing worksite to 100 or more affected employees. Identification shall be in writing and sent to the Shoreline CTR plan administrator.
2.
Within 90 days of the date of identification or, if not self-identifying, the date the Shoreline CTR plan administrator’s determination of applicability, the newly affected employer shall perform a baseline measurement consistent with the rules established under RCW 70A.15.4060.
3.
Within 90 days of the date of the baseline measurement results, the newly affected employer shall develop a CTR program consistent with the requirements of SMC § 14.10.050 and the Shoreline CTR plan. The developed CTR program shall be submitted to the Shoreline CTR plan administrator within the 90-day period for city approval consistent with this section.
4.
Failure of an employer who satisfies the definition of affected employer to comply with this section is a violation of this chapter and subject to the enforcement provisions of this chapter.
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.
An affected employer will no longer be subject to this chapter if they no longer meet the definition of affected employer and reasonably anticipate that they will not meet the definition for the succeeding 12 months.
2.
If an affected employer determined to be no longer subject to this chapter meets the definition of affected employer within the succeeding 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the affected employer’s CTR program that was in effect at the time of its notice of nonapplicability.
3.
If an affected employer meets the definition of affected employer 12 or more months after its notice of nonapplicability, that employer shall be treated as a newly affected employer and will be subject to the requirements for newly affected employers set forth in this chapter.
4.
An affected employer shall provide the Shoreline CTR plan administrator written notice of nonapplicability or reapplicability within 30 days of the employer’s determination. Notices may be personally delivered, sent by U.S. certified mail or a nationally recognized courier, or by electronic mail, read receipt requested. The city reserves the right to request documentation verifying the applicability or nonapplicability of any employer.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
Each affected employer shall develop and implement a CTR program consistent with RCW 70A.15.4040 and this chapter. An affected employer is required to make a good faith effort, as defined in this chapter, to develop and implement a CTR program that will encourage its employees to reduce drivealone trips.
B.
Mandatory Program Elements. Each affected employer’s CTR program shall include the following mandatory elements:
1.
Employee Transportation Coordinator (ETC). The affected employer shall designate an ETC to administer the employer’s CTR program.
a.
The ETC’s name, location, and contact information must be prominently displayed at each affected worksite in a similar manner as other information is provided to employees.
b.
The ETC shall oversee all elements of the affected employer’s CTR program and act as liaison between the affected employer and the city.
c.
Newly designated ETCs must complete an ETC training course approved by the city within six months of being designated and any subsequent training deemed necessary by the city.
d.
For affected employers with multiple worksites within the city, the employer may have an ETC for each worksite or a single ETC for all worksites.
2.
Information Distribution. An affected employee shall provide information about alternatives to drive-alone trips as well as a summary of the affected employer’s CTR program and the identity of the ETC to employees at least once a year and to new employees at the time of hire. The summary provided to employees shall also be submitted to the city with the affected employer’s biennial progress report.
C.
CTR Program Measures. An affected employer’s CTR program shall include implementation of a set of measures designed to achieve the applicable CTR goals adopted by the city. Measures 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 transit fares or 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 telecommute part or full time or at an alternative worksite closer to their homes which reduces commute trips;
16.
Establishment of a program of alternative work schedules 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.
D.
CTR Program Evaluation Progress Report – Survey. Affected employers shall have a process for the regular review of employee commuting and reporting of progress toward meeting the single-occupant vehicle reduction goals to the city consistent with the method established in the Shoreline CTR plan and the rules established under RCW 70A.15.4060. Such process shall include, at a minimum:
1.
At least once every two years, an affected employer shall conduct a CTR program evaluation as a means of determining worksite progress toward meeting the goal(s) set forth in the employer’s CTR program and the Shoreline CTR plan. The information obtained from that evaluation shall be used to develop a progress report.
2.
At least once every two years, an affected employer shall distribute and collect CTR program employee questionnaires (surveys) in accordance with a format and timeline established or identified by the city. An affected employer shall endeavor to achieve standard employee response rates for the survey established by the Washington State Transportation Demand Management (TDM) Board, unless another percentage is denoted by the city. The information obtained from the survey shall be included in the progress report.
3.
All progress reports and surveys shall be in accordance with a format established or identified by the city and filed within the time period specified by the city. Any format or time period will be consistent with current guidelines published by the TDM Board.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
Affected employers shall maintain a current copy of its CTR program and make such program available for the city review upon request.
B.
Affected employers shall maintain a copy of biannual progress reports, program evaluations, and any necessary supporting documentation for a minimum of two years from the date of such reports or evaluations.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
The city shall review an affected employer’s CTR program and either approve or reject it within 90 days of submittal. The city may extend the review period for up to an additional 90 days upon written notice to the affected employer.
1.
If rejected, the city shall provide written notification setting forth the basis for rejection. The affected employer shall have 30 days from the date of rejection to resubmit a revised CTR program to the city. If a revised program is not accepted, the city will send written notice within 30 days of the resubmittal date and, if necessary, require the affected employer to attend a conference with the city for the purpose of reaching a consensus on the CTR program and establishing an effective date for the CTR program.
2.
If the city fails to provide notice of approval or rejection within 90 days of the date of submission or resubmission, the affected employer’s CTR program is deemed accepted.
3.
An affected employer shall implement the city-approved CTR program within 90 days of the date of city approval or the date deemed accepted.
B.
Periodic Review. The city shall review an affected employer’s CTR progress report and supporting documentation, including surveys. Based on this review, the city may request that the affected employer submit a revised CTR program if the city determines that the employer has not made a good faith effort to meet its CTR program goals.
C.
Modification of CTR Program.
1.
No earlier than one year after city approval of a CTR program or CTR progress report, an affected employer may request, in writing, modification of its CTR program measure(s) or goal(s).
a.
Modification of Program Measures. A request for modification of CTR program measures may be granted if one of the following conditions exists:
i.
The affected employer can demonstrate it would be unable to comply with certain CTR program measures for reasons beyond the control of the affected employer; or
ii.
The affected employer can demonstrate that compliance with certain CTR program measures would constitute an undue hardship.
The city may ask the affected employer to substitute a program measure of similar trip reduction potential rather than grant the affected employer’s modification request.
b.
Modification of Program Goals.
i.
A request for modification of a CTR goal may be granted if the affected employer demonstrates that the worksite is unable to achieve the applicable goal despite implementation of all measures contained in its CTR program.
ii.
The city will grant or deny requests for goal modifications in accordance with current guidelines published by the Washington State Transportation Demand Management (TDM) Board.
2.
Implementation of Revised or Modified CTR Program. Unless extensions are granted, an affected employer shall implement any approved revisions or modifications to the CTR program, whether to measures or goals, not more than 90 days after receiving written notice of city approval.
D.
Extensions. An affected employer may request up to an additional 90 days to submit a CTR program or revised CTR program. An affected employer may request up to an additional 30 days to submit a CTR progress report, survey, or to implement an approved revision or modification to a CTR program.
1.
Requests shall be in writing, setting forth reasonable cause, and submitted at least 30 days prior to the date seeking to be extended.
2.
Within 10 days of receipt of the request, the city shall provide written notice of its approval or denial of the extension. If the city fails to issue written notice within this time period, an extension is automatically granted for 30 days.
3.
Extensions shall not exempt an employer from any responsibility in meeting any CTR program goals not related to the extension.
E.
Any request for revision, modification, or extension shall be in writing and delivered personally, sent by U.S. certified mail or a nationally recognized courier with receipt verification, or by electronic mail, read receipt requested.
F.
The Shoreline CTR Plan administrator may adopt additional administrative procedures pertaining to the review of CTR programs, revisions, modifications, and extensions.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
An affected employer may request the city grant an exemption from all CTR program requirements for a worksite. The employer must demonstrate, in writing, that it faces extraordinary circumstances, such as bankruptcy, and would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its workforce, or worksite. The city shall grant or deny the request within 30 days of receipt of the request.
B.
Annually, on or before the anniversary of the date the city granted an exemption, the city shall determine whether the exemption will be in effect during the following program year. The city may request information from the employer to make such a determination. If the city determines the exemption should no longer be in effect, the city shall provide written notice to the affected employer within 30 days of its determination. If the city fails to provide such written notice, then the exemption is deemed in effect for the following program year.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
Compliance. For purposes of this section, “compliance” shall mean:
B.
Violations. The following constitute violations of this chapter:
1.
Failure to self-identify as an affected employer;
2.
Failure to perform a baseline measurement when notified by the city or have identified themselves to the city as being subject to this chapter within 90 days from notification of self-identification;
3.
Failure to submit a CTR program for city approval within 90 days of completion of a baseline measurement;
4.
Failure to submit a CTR progress report or CTR program employee questionnaires by the established deadline;
5.
Failure to implement a city-approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed Shoreline CTR plan goal(s);
6.
Submission of false or fraudulent data in response to reporting or survey requirements;
7.
Failure to make a good faith effort, as defined in RCW 70A.15.4050(4) and this chapter; or
8.
Failure to revise a CTR program as defined in RCW 70A.15.4050(4) and this chapter.
C.
Notice of Violation. If the Shoreline CTR plan administrator determines that an affected employer has violated this chapter, a notice of violation shall be sent to the affected employer’s chief executive office or highest ranking official at the worksite with a copy to the ETC. The notice shall contain corrective actions and a date to complete such actions. If an affected employer fails to complete the corrective actions, the Shoreline CTR plan administrator may impose the penalties set forth in this section.
D.
Penalties.
1.
A violation of this chapter may be punishable by imposition of a civil penalty in the amount of $250.00.
2.
If, after imposing the penalty set forth in subsection (D)(1) of this section, an affected employer does not cure the violation, consistent with Chapter 7.80 RCW, the city may issue a civil infraction with each day of non-compliance constituting a separate violation. The civil penalty for a violation shall be $250.00 per day.
3.
No affected employer with an approved CTR program which, in the city’s sole discretion, has made a good faith effort shall be held liable for failure to reach an applicable CTR program goal(s).
4.
An affected employer shall not be liable for civil penalties if failure to achieve a CTR program goal 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 affected employer and pursued in good faith.
(Ord. 1029 § 2 (Exh. B), 2025)
A.
An aggrieved, affected employer may file a written appeal to the city’s hearing examiner of the city’s final decision or a notice of violation. Final decisions are a decision by the city to approve, deny, or reject a CTR program, a request for modification, a request for revision, or a request for exemption. Denial of a request for extension is not subject to appeal.
1.
All appeals shall conform with the rules of procedure adopted by the hearing examiner pursuant to SMC § 2.15.070. The written appeal statement shall state the specific exceptions or objections to the city’s final decision. The affected employer shall have the burden of proof.
2.
Appeals, and the appeal fee set forth in the fee schedule adopted pursuant to Chapter 3.01 SMC, must be received by the city clerk within 14 calendar days of the date of the city’s final decision or notice of violation. Appeals must be received by 5:00 p.m. local time. The timely filing of an appeal shall stay the effective date of the final decision.
3.
The hearing examiner shall issue a written decision affirming, modifying, or reversing the city’s final decision or notice of violation based on consistency with the applicable provisions of Chapter 70A.15 RCW, this chapter, and the Shoreline CTR plan. The hearing examiner’s decision shall be final.
B.
Appeal of Infraction. All appeals of an infraction issued by the city shall be to the district court serving the city consistent with the rules of the district court.
(Ord. 1029 § 2 (Exh. B), 2025)