692 Repeal Ord 454Ordinance No. 692
AN ORDINANCE repealing Ordinance No. 454, Commute Trip Reduction and replacing it with
Ordinance No. 692, Commute Trip Reduction and implementing measures as required by the Washington
State Commute Trip Reduction Law (RCW 70.94.527).
WHEREAS, the City of Yelm recognizes the importance of increasing individual citizens' awareness of air
quality, energy consumption, and traffic congestion and the contribution individual actions can make toward
addressing these issues; and
WHEREAS, the Washington State Legislature passed the Commute Trip Reduction (CTR) Law in 1991 as
part of the Washington Clean Air Act and in response to the federal Clean Air Act; and
WHEREAS, the Law requires local governments and county governments within Clark, King, Kitsap,
Pierce, Snohomish,~Spokane, Thurston and Yakima Counties to adopt ordinances that define CTR
requirements for affected employers within their jurisdiction; and
WHEREAS, in 1997 the Washington State Legislature amended the CTR Law thereby requiring the County
to adopt a new County-wide CTR Plan Ordinance; and
WHEREAS, this Ordinance is deemed to be consistent with the requirements of the CTR Law and the CTR
Guidelines.
NOW, THEREFORE, THE CITY OF YELM DOES ORDAIN that Ordinance No. 454, adopted January
27, 1993 be repealed and replaced as follows:
SECTION 1 PURPOSE
The purpose of this Ordinance is to establish CTR program requirements for affected employers within the
City of Yelm. These requirements will promote alternative commute modes and reduce the Vehicle Miles
Traveled (VMT) per employee and the proportion of single occupant vehicle (SOV) trips, decreasing traffic
congestion, automobile-related air pollution and energy use within the City of Yelm.
SECTION 2 DEFINITIONS
For the purpose of this Ordinance, the following definitions shall apply in its interpretation and enforcement:
1. "Affected Employee" - a full time employee who begins his/her regular work day at a single worksite
between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous
months. Seasonal agricultural employees, including seasonal employees of processors of agricultural
products, and employees required to work rotating shifts are excluded from the count of affected
employees.
2. "Affected Employer" -a public or private employer that employs one hundred or more affected employees
at a single work site who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m.
(inclusive) on two or more weekdays for at least twelve continuous months. Construction work sites, when
the expected duration of the construction is less than two years, are excluded from this definition.
3. "Alternative Commute Mode" -any means of commute transportation other than that in which the
single occupant motor vehicle is the dominant mode, including telecommuting and compressed
work weeks if they result in reducing commute trips.
4. "Alternative Work Schedules" -programs such as compressed work weeks that eliminate work trips for
affected employees.
5. "Base Year" -the period on which goals for vehicle miles traveled (VMT) per employee and the
proportion of single occupant vehicle (SOV) trips shall be based.
6. "Carpool" - a motor vehicle occupied by two to six people traveling together for their commute trip that
results in the reduction of a minimum of one motor vehicle commute trip.
7. "Commute Trips" -trips made from a worker's home to a worksite for a regularly scheduled work day
beginning between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays.
8. "CTR Guidelines" -the official guidelines to the CTR Law (RCW 70.94.527) developed by the Washington
State CTR Task Force.
9. "CTR Plan" -the commute trip reduction plan for Thurston County that describes how affected employers
are to achieve reductions in the commute trip vehicle miles traveled (VMT) and the proportion of single
occupant vehicle (SOV) commute trips per employee within the Cities of Lacey, Olympia, Tumwater, Yelm
and unincorporated Thurston County.
10. "CTR Program" - an affected employer's strategies to reduce SOV use and VMT per affected
employee.
11. "CTR Zone" - an area within Thurston County 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.
12. "Commute Mode" -the means of transportation used by employees, such as single occupant motor
vehicle, rideshare vehicle (carpool/vanpool), transit, ferry, bicycle, and walking.
13. "Compliance" -fully implementing all provisions in an accepted CTR program or meeting or exceeding
the VMT and SOV goals of this CTR Plan and CTR Ordinance.
14. "Computer Matching Service" - a system that assists in matching commuters for the purpose of
commuting together.
15. "Compressed Work Week" - an alternative work schedule, in accordance with employer policy, that
regularly allows afull-time employee to eliminate at least one work day every two weeks by working longer
hours during the remaining days, resulting in fewer commute trips by the employee. This definition is
primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10 hour days
or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are
understood to be an on-going arrangement.
16. "Custom Bus/Buspool/Subscription Bus" - a commuter bus service arranged specifically to transport
employees to work, generally bus service with limited origins and destinations, guaranteed seats and
advance fare purchase.
17. "Day(s)" -calendar day(s).
18. "Dominant Commute Mode" -the mode of travel used for the greatest distance of a commute trip.
19. "Employee" -anyone who receives financial or other remuneration in exchange for work provided to an
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employer, including owners or partners of the employer.
20. "Employee Transportation Coordinator" or "ETC" - a designated person who is typically an employee of
the affected employer and who is accessible to a worksite's employees in order to carry out the CTR
requirements of the CTR Law and this Ordinance. The ETC also acts as the affected employer's liaison
with local jurisdictions or the agency that administers and implements the CTR Ordinance.
21. "Employer" -sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual or entity, whether public,
non-profit or private, that employs workers.
22. "Exemption" - a waiver from CTR program requirements granted to an affected employer by City of
Yelm or its designee based on unique conditions that apply to the employer or employment site.
23. "Flex Time" - 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 commute modes.
24. "Full Time Employee" - a person other than an independent contractor, scheduled to be employed on a
continuous basis for 52 weeks for an average of 35 hours per week.
25. "Good Faith Effort" - an affected employer has met the minimum requirements identified in RCW
70.94.531 and this Ordinance, and is working collaboratively with City of Yelm or its designee 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.
26. "Implementation" -the active pursuit by an affected employer of the CTR goals of RCW 70.94.521-551
and of this Plan and accompanying Ordinance as evidenced by the appointment of a transportation
coordinator, distribution of information to employees regarding alternatives to SOV commuting, and the
commencement of other measures according to their CTR program and schedule.
27. "Notice" -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.
28. "Peak Commute Period" -the hours between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through
Friday, except legal holidays.
29. "Peak Commute Period Trip" -any employee trip that delivers the employee to begin his/her regular
workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
30. "Proportion of Single Occupant Vehicle Trips" or "SOV Rate" -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.
31. "Single Occupant Vehicle" or "SOV" - a motor vehicle occupied by one employee for commute purposes,
including a motorcycle.
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32. "Single Occupant Vehicle (SOV)Trips" -trips made by affected employees in SOVs.
33. "Single Worksite" - a building or group of buildings on physically contiguous parcels of land or on parcels
of land separated solely by private or public roadways or rights-of-way occupied by one or more affected
employers.
34. 'Telecommuting" -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 site closer to home, reducing the
distance traveled in a commute trip by at least half.
35. 'Transit" - a multiple occupant vehicle operated on a for hire, shared ride basis, including bus, ferry,
shared ride taxi, shuttle bus, or vanpool. A transit trip counts as zero (0) vehicle trips.
36. 'Transportation Demand Management" or'TDM" -abroad range of strategies that are primarily
intended to reduce and reshape demand on the transportation system.
37. 'Transportation System Management" or'TSM" -the use of low cost capital improvements to increase
the efficiency of road transportation and transit services.
38. 'Transportation Management Organization" or 'TMO" - a group of employers or an association
representing a group of employers in a defined geographical area organized for the purpose of
cooperatively carrying out the requirements of the CTR Law and this Ordinance.
39. "vanpool" - a vehicle occupied by seven to fifteen people traveling together for their commute trip that
results in the elimination of at least one motor vehicle trip. A vanpool trip counts as zero (0) vehicle trips.
40. "Vehicle Miles Traveled (VMT) per Employee" -the sum of the individual vehicle commute trip lengths in
miles made by affected employees over a set period of time divided by the number of affected employees
working during that period.
41. '1Neek" - a seven day calendar period, starting on Monday and continuing through Sunday.
42. '1Neekday" -any day of the week except Saturday or Sunday.
43. '1Nriting/Written/In Writing" -original signed and dated documents. Facsimile (fax) transmissions are a
temporary notice of action that must be followed by the original signed and dated document via mail or
delivery.
SECTION 3 CTR' PLAN ADMINISTRATION
3.1 CTR Plan
The CTR Plan for Thurston County is set forth in Attachment 1 and is wholly incorporated herein by
reference as and for the CTR Plan for the City of Yelm.
3.2 Interlocal Agreement/Responsible Agency
In order to ensure consistency and flexibility, Thurston County and the Cities of Lacey, Olympia, Tumwater,
and Yelm (hereinafter referred to as "the local jurisdictions") have determined that it is within the best
interest of the public to enter into an Interlocal Agreement (pursuant to RCW 39.34 and RCW 70.94.527)
with a lead agency that will be responsible for implementing and administering the CTR Plan and CTR
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Ordinance.
3.3 Administrative Procedures
City of Yelm or its designee is hereby authorized to develop and adopt, in consultation with the local
jurisdictions, such administrative rules and procedures as necessary to implement the provisions of this
Ordinance.
SECTION 4 CTR GOALS
4.1 Commute Trip Reduction Goals
The CTR goals for affected employers in the Cities of Lacey, Olympia, Tumwater, Yelm and in
unincorporated Thurston County are consistent with the CTR Law and the CTR Guidelines.
All affected employers shall be required to develop and implement CTR programs designed to reduce VMT
per affected employee and SOV use per affected employee. The goals for miles traveled per employee
shall not be less than a fifteen (15) percent reduction from the worksite base year value or the base year
value for the commute trip reduction zone in which their worksite is located by January 1, 1995, twenty (20)
percent reduction by January 1, 1997, twenty-five (25) percent reduction by January 1, 1999, and athirty-
five (35) percent reduction by
January 1, 2005.
4.2 Base Year Values
CTR Zone 1 CTR Zone 2
VMT 11.5 miles 11.5 miles
per employee
SOV rate 78% 84%
per employee
4.3 Commute Trip Reduction Zones
CTR zones are consistent with the CTR Law and the CTR Task Force Guidelines. Thurston County is
divided into two CTR zones.
SECTION 5 APPLICABILITY
5.1 Applicability
The requirements of this Ordinance shall apply to any affected employer at a single worksite within the City
of Yelm.
5.2 Notification of Applicability
(a) In addition to City of Yelm's established public notification for adoption of an ordinance, a notice of
availability of a summary of this Ordinance and a notice of the requirements for affected employers to
comply with the Ordinance shall be published at least once in Thurston County's official newspaper not
more than 30 days after passage of this Ordinance.
(b) Affected employers located in City of Yelm are to receive written notification that they are subject to this
Ordinance. Such notice shall be addressed to the company's chief executive officer, senior official, or CTR
manager at the worksite. Such notification shall be at least 180 days prior to the due date for submittal of
their CTR program.
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(c) Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the
Ordinance are either notified or identify themselves to City of Yelm or its designee within 180 days of the
passage of the Ordinance will be granted an extension to assure up to 180 days within which to develop
and submit a CTR program.
5.3 New Affected Employers
(a) Employers that meet the definition of an affected employer in this Ordinance must identify themselves to
City of Yelm or its designee within 180 days of either moving into the boundaries of unincorporated
Thurston County, or growing in employment at a worksite to 100 or more affected employees.
(b) Newly affected employers shall be given 180 days from the official notification by City of Yelm or its
designee to develop and submit a CTR program.
(c) From the time newly affected employers begin their program, they shall have two years to meet the first
CTR goal of a 15 percent reduction in proportion of single occupant vehicle trips or vehicle miles traveled
per person; four years to meet the second goal of a 20 percent reduction; six years to meet the third goal of
a 25 percent reduction; and twelve years to meet the fourth goal of a 35 percent reduction.
5.4 Change in Status as an Affected Employer
Any of the following changes in an affected employer's status will change the employer's CTR program
requirements:
(a) If an employer initially designated as an affected employer no longer employs 100 or more affected
employees and expects not to employ 100 or more employees for the next 12 months, that employer is no
longer considered an affected employer. It is the responsibility of the employer to notify City of Yelm or its
designee that it is no longer an affected employer.
(b) If the same employer returns to the level of 100 or more affected employees within the same 12 month
period, that employer will be considered an affected employer for the entire 12 month period, and will be
subject to the same program requirements as other affected employers.
(c) If the same employer returns to the level of 100 or more affected employees 12 months or more after the
change in status to an unaffected employer, that employer shall be considered a newly affected employer
and will be subject to the same requirements as other newly affected employers.
SECTION 6 AFFECTED EMPLOYER REQUIREMENTS
6.1 Affected Employer CTR Program
The requirements of this Ordinance shall apply to any affected employer at a single worksite within the City
of Yelm. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and
this Ordinance, to develop and implement a CTR program that will encourage his/her employees to reduce
VMT per employee and SOV commute trips. The CTR program shall include the mandatory elements
described below that are required to achieve the CTR goals of the CTR Plan and this Ordinance. The
affected employer shall submit a description of its program and provide an annual progress report on its
program and progress toward meeting the CTR goals to City of Yelm or its designee in the time prescribed
by this Ordinance.
6.2 Program Description
(a) The CTR program description presents the strategies to be undertaken by an affected employer to
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achieve the commute trip reduction goals for each goal year. Affected 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. Affected employers are further
encouraged to cooperate with each other and to form or use transportation management organizations in
developing and implementing CTR programs.
(b) At a minimum, the affected employer's description must include:
1) general description of the employment site location, transportation characteristics, and
surrounding services, including unique conditions experienced by the affected employer or
its employees;
2) number of employees affected by the CTR program;
3) documentation of compliance with the mandatory CTR program elements;
4) description of the additional elements included in the CTR program; and
5) schedule of implementation, assignment of responsibilities, and commitment to provide
appropriate resources.
6.3 Mandatory Program Elements
Each affected employer's CTR program shall include the following mandatory program elements:
6.3.1 Employee Transportation Coordinator
The affected employer shall designate an employee transportation coordinator (ETC) to administer the CTR
program. The coordinator's name, location and telephone number must be prominently displayed at each of
the affected employer's-affected work sites. The objective is to have an effective transportation coordinator
presence at each worksite; an affected employer with multiple worksites in Thurston County is not required
to have an ETC at each worksite. The ETC is responsible for administering and implementing the CTR
program. The ETC is the primary CTR program contact person for the employees as well as between the
employer and City of Yelm or its designee. ETCs are required to attend the ETC Basic Training course
provided by City of Yelm or its designee within one year of appointment to the position of ETC.
6.3.2 Information Distribution
Information about alternatives to driving to work alone shall be provided to employees at least once a year.
Each affected employer's program description and subsequent annual progress reports must indicate the
information distributed and the method of distribution.
6.3.3 Annual Progress Report
The CTR program must include an annual review of employee's commuting habits and of progress and
good faith efforts toward meeting the CTR goals. Affected employers shall file an annual progress report
with City of Yelm or its designee, updating the initial Program Description. The affected employer's
reporting date will be established by City of Yelm or its designee in consultation with the affected employer,
after a review of the initial Program Description. City of Yelm or its designee will distribute a standardized
annual report form developed by the Washington State Department of Transportation to all affected
employers.
The annual progress report shall describe each of the CTR measures undertaken in the past year, the
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results of any commuter surveys, and the number of employees participating in the program. Within the
report, the affected employer shall evaluate the effectiveness of the CTR program, and if necessary,
propose modifications to achieve the CTR goals. An affected employer may include other information as
deemed appropriate.
6.3.4 Employee Survey
Employee survey information or approved alternative information (as defined by the CTR Task Force
Guidelines) must be provided in the annual progress reports submitted in the second, fourth, sixth, eighth,
tenth, and twelfth years after implementation begins. The affected employer should contact City of Yelm or
its designee for the format of the report.
6.3.5 Record Keeping
Affected employers are required to maintain certain information which documents the CTR program and
progress towards meeting the CTR goals. City of Yelm or its designee will assist affected employers in
identifying the essential information to be maintained. These records shall be maintained for a minimum
period of 24 months.
6.3.6 Additional Program Elements
In addition to the specific program elements described above, the affected employer's CTR program shall
include additional elements as needed to meet CTR goals. Elements may include, but are not limited to,
one or more of the following:
(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 transportation providers to provide additional regular or express service to the worksite;
(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;
(I) Provision of a program of parking incentives such as a 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
worksite closer to their homes;
(n) Establishment of a program of alternative work schedules, such as a compressed work week which
reduces commuting; and
(o) Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-
site day care facilities and emergency taxi services.
SECTION 7 SCHEDULE FOR SUBMITTALS AND REVIEWS
7.1 CTR Program Description Submittal and Implementation
Not more than 180 days after the effective date of this Ordinance, or within 180 days after an employer
becomes an affected employer, the affected employer shall develop a CTR program and submit a
description of the program to City of Yelm or its designee. Unless an extension is granted, the employer
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shall implement the program not more than 180 days after the program description was first submitted.
Implementations of approved program modifications shall occur within 30 days of the final administrative
decision, or 180 days after submission of the program description or annual report, whichever is greater.
7.2 Affected Employer Annual Reporting Date
Upon receipt of an affected employer's initial CTR program description, City of Yelm or its designee shall
establish, in consultation with the employer, the annual reporting date. The annual reporting date is the
date that the employer's annual progress report is due.
7.3 Document Review
City of Yelm or its designee shall provide the affected employer with written notification if a CTR program is
deemed unacceptable. The notification must give cause for any rejection. If the affected employer receives
no written notification of extension of the review period of its CTR program or comment on the CTR
program or annual report within 90 days of submission, the affected employer's program or annual report is
deemed accepted. City of Yelm or its designee may extend the review period up to 90 days. The
implementation date for the affected employer's CTR program will be extended an equivalent number of
days.
7.4 Modification of CTR Program Elements
Any affected employer may submit a request to City of Yelm or its designee for modification of CTR
program elements, other than the mandatory elements specified in this Ordinance, including record keeping
requirements. Such request may be granted if one of the following conditions exist::
(a) The affected employer can demonstrate it would be unable to comply with the CTR program elements
for reasons beyond the control of the employer; or
(b) The affected employer can demonstrate that compliance with the program elements would constitute an
undue hardship. This may include evidence from employee surveys administered at the worksite: first, in
the base year, showing that the affected employer's own base year values of VMP per employee and SOV
rates were higher than the CTR zone average; and/or secondly, in the goal measurement year(s), showing
that the affected employer has achieved reductions from its own base values that are comparable to the
reduction goals established for the affected employer's CTR zone.
SECTION 8 CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT EFFORTS
8.1 Leadership Certificate
As public recognition for their efforts, affected employers with VMT per employee and proportion of SOV
trips lower than the zone average will receive a Commute Trip Reduction Certificate of Leadership from City
of Yelm or its designee.
8.2 Credit for Programs Implemented Prior to the Base Year
Affected employers with successful TDM programs implemented prior to the base year may be eligible to
apply for program exemption credit, which exempts them from most program requirements. Affected
employers wishing to receive credit for the results of existing TDM efforts may do so by applying to City of
Yelm or its designee within 90 days of the adoption of this Ordinance. Application shall include data from a
survey of employees or equivalent to establish the applicant's VMT per employee and proportion of SOV
trips. The survey or equivalent data shall conform to all applicable standards established in the CTR Task
Force Guidelines. The affected employer shall be considered to have met the first measurement goals if
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their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction
from the final base year CTR zone values. This three percentage point credit applies only to the first
measurement goals.
8.3 Program Exemption Credit
Affected employers may apply for program exemption credit for the results of past or current TDM efforts by
applying to City of Yelm or its designee within 90 days of adoption of the applicable CTR Ordinance, or as
part of any annual report. Application shall include 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 CTR Task Force
Guidelines.
Affected employers that apply for credit and whose VMT per employee and proportion of SOV trips are
equal to or less than goals for one or more future goal years, and commit in writing to continue their current
level of effort, shall be exempt from the requirements of the Ordinance except for the requirements to report
performance in the measurement years. If any of these reports indicate the affected employer does not
satisfy the next applicable goal(s), the affected employer shall immediately become subject to all
requirements of the CTR Ordinance.
SECTION 9 COMPLIANCE AND ENFORCEMENT
For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an
approved CTR program.
9.1 Program Review Criteria
City of Yelm or its designee shall apply the following criteria in 1995 or after for achieving goals for VMT per
employee and proportion of SOV trips in determining whether to require modifications of an affected
employer's CTR program:
(a) If an affected employer meets either or both goals, the employer shall be deemed to have satisfied the
objectives of the CTR Plan and this Ordinance, and will not be required to modify its CTR program.
(b) If an affected employer makes a good faith effort, as defined in RCW 70.94.534(2) and this Ordinance,
but has not met or is not likely to meet the applicable SOV or VMT goal, City of Yelm or its designee shall
work collaboratively with the affected employer to make modifications to its CTR program. After agreeing
on modifications, the affected 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. City of Yelm or its designee shall review the revisions and notify the affected employer of
acceptance or rejection of the revised program. If a revised program is not accepted, City of Yelm or its
designee will send written notice to that effect to the affected employer within 30 days and, if necessary,
require the affected employer to attend a conference with program review staff for the purpose of reaching a
consensus on the required program. A final decision of the required program will be issued in writing by
City of Yelm or its designee within 10 working days of the conference. The affected employer shall have 30
days to resubmit a revised program in accordance with the outcome of the conference. Failure to resubmit
a revised program within 30 days shall be deemed a violation of this Ordinance.
9.2 Violations
Any of the following constitute violations:
(a) An affected employer's failure to develop a complete CTR program and/or to submit a complete CTR
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Program Description by the applicable deadlines as specified in this Ordinance. This includes:
1) Affected employers notified or that have identified themselves to City of Yelm or its designee
within 180 days of the effective date of this Ordinance and that do not submit a CTR Program
Description within 180 days from the notification or self-identification; or
(2) Affected employers not identified or self-identified within 180 days of the effective date of this
Ordinance and that do not submit or implement a CTR program within 180 days of the effective date
of this Ordinance.
(3) Employers who become affected employers and fail to identify themselves within 180 days of
this change in status.
(b) An affected employer's 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 the CTR Plan and this Ordinance.
(c) Failure to make a good faith effort, as defined in RCW 70.94.534 and this Ordinance; or
(d) Failure to revise a CTR program as defined in RCW 70.94.534(4) and this Ordinance.
9.3 Penalties
No affected employer with an approved CTR program, which has made a good faith effort, may be held
liable for failure to reach the applicable SOV or VMT goal. Any affected employer violating any provision of
this section shall be guilty of a civil infraction and subject to the imposition of civil penalties pursuant to RCW
Chapter 7.80.
(a) Whenever City of Yelm or its designee makes a determination that an affected employer is in violation of
this Ordinance, City of Yelm or its designee shall issue a notice of civil infraction in accordance with RCW
Chapter 7.80 as adopted or hereinafter amended. For purposes of RCW Chapter 7.80, City of Yelm or its
designee's enforcement officer shall be its General Manager or designee.
(b) Each infraction shall constitute a separate violation.
(c) Each day that an affected employer is in violation shall constitute a separate violation.
(d) Penalties will begin to accrue 15 days following the notice of civil infraction. In the event that an affected
employer appeals the imposition of penalties, the penalties will not accrue during the appeals process.
Should the appeal be decided in favor of the appellant, all of the monetary penalties will be dismissed.
(e) An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR
program was the result of an inability to reach agreement with a certified collective bargaining agent under
applicable laws where the issue was raised by the affected employer and pursued in good faith. Unionized
affected employers shall be presumed to act in good faith compliance if they:
(1.) Propose to a recognized union any provision of the affected employer's CTR program that is
subject to bargaining as defined by the National Labor Relations Act; and
(2.) Advise the union of the existence of the statute and the mandates of the CTR program
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approved by City of Yelm or its designee and advise the union that the proposal being made is
necessary to compliance with state law (RCW 70.94.531).
9.4 Schedule of Penalties
The violation of any provision of this Ordinance is designated as a Class 2 Civil Infraction pursuant to RCW
Chapter 7.80. Additional assessments may be imposed in accordance with RCW 3.62.090 and other
applicable statutory requirements.
SECTION 10 EXEMPTIONS AND GOAL MODIFICATIONS
10.1 Worksite Exemptions
An affected employer may request City of Yelm or its designee to grant an exemption from all CTR program
requirements or penalties for a particular worksite. The affected employer must demonstrate that it would
experience undue hardship in complying with the requirements of the Ordinance as a result of the
characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if
the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is
unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee.
Exemptions may be granted by City of Yelm or its designee at any time based on written notice provided by
the affected employer. The notice should clearly explain the conditions for which the affected employer is
seeking an exemption from the requirements of the CTR program. City of Yelm or its designee shall review
annually all affected employers receiving exemptions, and shall determine whether the exemption will be in
effect during the following program year.
10.2 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.
City of Yelm or its designee will use the criteria identified in the CTR Task Force Guidelines to assess the
validity of employee exemption requests. City of Yelm or its designee shall review annually all employee
exemption requests, and shall determine whether the exemption will be in effect during the following
program year.
10.3 Modification of CTR Program Goals
(a) An affected employer may request that City of Yelm or its designee modify its CTR program goals. Such
requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its
program description or annual report. The goal modification request must clearly explain why the worksite
is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of
the elements contained in its approved CTR program.
(b) City of Yelm or its designee will review and grant or deny requests for goal modifications in accordance
with procedures and criteria identified in the CTR Task Force Guidelines. An affected employer may not
request a modification of the applicable goals until one year after City of Yelm or its designee approval of its
initial program description or annual report.
SECTION 11 APPEALS PROCESS
11.1 CTR Appeals Board
City of Yelm or its designee is hereby authorized to develop procedures implementing an appeals process
and establish a CTR Appeals Board to review appeals designated in Section 11.2. Such a board should be
City of Yelm Ordinance #692
Page 12 Adopted January 26, 2000
composed of both representatives of appropriate local jurisdictions and selected affected employers.
11.2 Appeals Process
Any affected employer may appeal administrative decisions regarding exemptions, goal modifications,
program element modifications, and violations to a CTR Appeals Board. In the event of a violation, the
affected employer shall be notified of the intent to impose penalties and the manner in which penalties may
be appealed. The appeal should be addressed to City of Yelm or its designee which will refer the matter to
the CTR Appeals Board.
SECTION 12 VALIDITY
If any section, subsection, paragraph, sentence, clause, phrase, or other portion of this Ordinance or its
application to any person is, for any reason, declared unconstitutional, illegal, or invalid in whole or in part
by any court or agency of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance.
ADOPTED this 26th day of January, 2000.
Kathryn M. olf, ayor
ATTE ~T:
i ~'/h~i ~ s.~~~~ ~
Agn P. Bennick City Clerk/Treasurer
PASSED AND APPROVED: January 26, 2000
PUBLISHED: Nisqually Valley News, February 4, 2000
EFFECTIVE: February 9, 2000
City of Yelm Ordinance #692
Page 13 Adopted January 26, 2000