Chapter 20.08
COMMUTE TRIP REDUCTION PLAN*

Sections:

20.08.010    Purpose.

20.08.020    Definitions.

20.08.030    Responsible agency.

20.08.040    Applicability.

20.08.050    Notification of applicability.

20.08.060    Requirements for affected employers.

20.08.070    CTR zone, base year values and goals.

20.08.080    Credit for commute trip reduction efforts.

20.08.090    CTR program review and annual reports.

20.08.100    Extensions.

20.08.110    Enforcement.

20.08.120    Appeals.

*    Editor’s Note: The Commute Trip Reduction Plan was previously codified as Chapter 46.48. At the time of the 2000 republication, and at the direction of the office of the prosecuting attorney, it was relocated to this title and renumbered as Chapter 20.08. See Title 1 of this code.

20.08.010 Purpose.

The purpose of this chapter is to establish commute trip reduction program requirements for affected employers within Kitsap County. These requirements will promote alternative commute modes and reduce the total number of single-occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile-related air pollution, and energy use within Kitsap County. It is important to increase individual citizen’s awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues.

(Ord. 149-A (1993) § 1, 1999: Ord. 149 (1993) § 1, 1993)

20.08.020 Definitions.

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 twelve continuous months. The following classifications of employees are excluded from the definition of affected employees:

(A)    Seasonal agricultural employees, including seasonal employees of processors of agriculture products; and

(B)    Employees of construction worksites when the expected duration of the construction is less than two years.

(2)    “Affected employer” means a public or private employer that employs one hundred or more affected employees.

(3)    “Alternative commute mode” refers to any means of commuting, other than that in which the single-occupant vehicle is the dominant mode. Telecommuting and compressed work weeks are considered alternative commute modes, if they result in reducing commute trips.

(4)    “Alternative work schedules” are programs such as compressed work weeks that eliminate commute trips by affected employees.

(5)    “Base year” means the period from January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) commute trips shall be based. (RCW 70.94.524.7)

(6)    “Carpool” means any 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 trip” means a trip made from a worker’s home to a worksite to begin a regularly scheduled work day between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays.

(8)    “Commute trip reduction (CTR) goals” mean the goals established by the state CTR law and the CTR task force guidelines for affected employers. These goals are to reduce the vehicle miles traveled per employee and the single-occupant vehicle commute trips from the base year value established for the commute trip reduction zone at least fifteen percent by January 1, 1995; twenty percent by January 1, 1997; twenty-five percent by January 1, 1999; and thirty-five percent by January 1, 2005.

(9)    “Commute trip reduction (CTR) plan” means Kitsap County’s plan which is designed to achieve reductions in the proportion of single-occupant vehicle (SOV) commute trips and the commute trip vehicle miles traveled (VMT) per affected employees of affected public and private sector employers within Kitsap County.

(10)    “Commute trip reduction (CTR) program” means the affected employer’s strategies to reduce the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per affected employee.

(11)    “Commute trip reduction (CTR) task force guidelines” means the official guidelines to Chapter 70.94 RCW developed by the Washington State Commute Trip Reduction Task Force Committee. (RCW 70.94.537)

(12)    “Commute trip reduction (CTR) zone” means an area, such as a census tract or combination of census tracts, within Kitsap 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.

(13)    “Commuter ride matching service” means a system that assists in matching commuters for the purpose of commuting together.

(14)    “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.

(15)    “Custom bus/buspool or worker/driver bus” means a commuter bus service arranged specifically to transport employees to work.

(16)    “Day(s)” means calendar day(s).

(17)    “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

(18)    “Employee transportation coordinator” means a designated on-site employee who is responsible for administering the employer’s commute trip reduction program.

(19)    “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.

(20)    “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 commute modes.

(21)    “Full-time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week.

(22)    “Good faith effort” means that an employer has met the minimum requirements identified in this chapter and in RCW 70.94.531, and is working collaboratively with Kitsap Transit 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.

(23)    “Hearing examiner” means a member of the Washington State Bar Association.

(24)    “Implementation” or “implement” means active pursuit by an employer to achieve the CTR goals of RCW 70.94.521 – 70.94.551 and this chapter.

(25)    “Mode” refers to the means of transportation used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, and walking.

(26)    “Newly affected employer” is an employer that is not an affected employer upon the effective date of this chapter but becomes an affected employer subsequent to the effective date of the ordinance codified in this chapter.

(27)    “Presiding officer” means a person or persons designated by Kitsap Transit to hear and determine a contested notice of civil infraction.

(28)    “Proportion of single-occupant vehicle commute trips” or “SOV rate” means the number of commute trips over a set period made by affected employees in SOV’s divided by the number of affected employees working during that period.

(29)    “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

(30)    “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.

(31)    “Telecommuting” means the use of telephones, computers or other similar technology to permit an employee to work at home or at a location closer to home than the employer’s worksite.

(32)    “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, shared-ride taxi, shuttle bus, worker/driver bus, or vanpool.

(33)    “Transportation demand management” means the use of strategies to reduce commute trips made by single-occupant vehicles and vehicle miles traveled per employee.

(34)    “Vanpool” means a vehicle occupied by seven to fifteen people traveling together for their commute trip.

(35)    “Vehicle miles traveled (VMT)” 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.

(36)    “Week” means a seven day calendar period starting on Monday and continuing through Sunday.

(37)    “Weekday” means any day of the week except Saturday or Sunday.

(38)    “Writing,” “written,” or “in writing” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed via mail or delivery of the original signed and dated document.

(Ord. 149-A (1993) § 2, 1999: Ord. 149 (1993) § 2, 1993)

20.08.030 Responsible agency.

Kitsap County has determined that it is within the best interest of the public to enter into an interlocal agreement (pursuant to Chapter 39.34 RCW and RCW 70.94.527) with Kitsap Transit located at: 234 South Wycoff, Bremerton, Washington 98312.

Whereby, Kitsap Transit will be the agency responsible for implementing and administering Kitsap County’s CTR plan and this chapter.

(Ord. 149-A (1993) § 4, 1999: Ord. 149 (1993) § 4, 1993)

20.08.040 Applicability.

(a)    Affected Employer. The provisions of this chapter shall apply to all affected employers at any single worksite within the unincorporated areas of Kitsap County.

(b)    Change in Status as an Affected Employer. Any of the following changes in an affected employer’s status may change the employer’s CTR program requirements:

(1)    Becomes a Nonaffected Employer. If an employer initially designated as an affected employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is no longer considered an affected employer. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer;

(2)    Change in Status Within Twelve Months. If the same employer returns to the level of one hundred or more affected employees within the same twelve months, that employer will be considered an affected employer for the entire twelve months, and will be subject to the same CTR program requirements as other affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer; and

(3)    Change in Status After Twelve Months. If the same employer returns to the level of one hundred or more affected employees twelve or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer, and will be subject to the same CTR program requirements as other newly affected employers. It is the responsibility of the employer to notify Kitsap Transit in writing, that it has become an affected employer.

(c)    Newly Affected Employers.

(1)    Reporting Date. Newly affected employers shall identify themselves to Kitsap Transit within ninety days of becoming an affected employer or moving into the boundaries of Kitsap County.

(2)    CTR Program Submittal. Newly affected employers shall be granted a minimum of one hundred eighty days from the date of official notification by Kitsap Transit that they are an affected employer or from the date of self-identification to develop and submit a CTR program.

(3)    CTR Goals. Newly-affected employers shall have two years from the date of their CTR program approval to meet the first CTR goal of fifteen percent; four years from the date of their initial CTR program approval to meet the second CTR goal of twenty percent; six years from the date of their initial CTR program approval to meet the third CTR goal of twenty-five percent; and twelve years from the date of their initial CTR program approval to meet the fourth CTR goal of thirty-five percent.

(Ord. 149-A (1993) § 5, 1999: Ord. 149 (1993) § 5, 1993)

20.08.050 Notification of applicability.

(a)    Publication of Notice. In addition to Kitsap County’s established public notification procedures for adoption of an ordinance or an amendment to an ordinance, a notice of the availability of a summary of this chapter or an amendment to this chapter shall be published at least once in Kitsap County’s official newspaper within thirty days of the effective date of the ordinance codified in this chapter or any amendments hereto.

(b)    Notice to Known Affected Employers. Known affected employers located in Kitsap County shall receive written notification from Kitsap Transit that they are subject to this chapter. Kitsap Transit shall also send to all known affected employers notice of any amendments to this chapter. Such notices shall be by certified mail or delivery, return receipt, addressed to the employer’s employee transportation coordinator. Such notification shall be delivered within thirty days of the effective date of the ordinance codified in this chapter or any amendments hereto.

(c)    Self-Identification. Affected employers who, for whatever reason, do not receive notification within thirty days of the effective date of the ordinance codified in this chapter shall identify themselves to Kitsap Transit within ninety days of the effective date of the ordinance codified in this chapter. Upon self-identification, such affected employers will be granted one hundred eighty days from identifying to submit a CTR program.

(Ord. 149-A (1993) § 6, 1999: Ord. 149 (1993) § 6, 1993)

20.08.060 Requirements for affected employers.

(a)    CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than one hundred eighty days from the effective date of the ordinance codified in this chapter, all affected public and private employers within Kitsap County shall submit a CTR program to Kitsap Transit.

(b)    CTR Program Implementation Date. Except as otherwise provided in this chapter, an affected employer’s CTR program shall be implemented not more than one hundred eighty days from the date the CTR program was initially submitted to Kitsap Transit for approval.

(c)    Mandatory CTR Program Elements. The employer’s CTR program must be designed to achieve the CTR goals set forth in this chapter. The employer shall make a good faith effort, as defined in this chapter and in RCW 70.94.531, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. At a minimum, an employer’s CTR program shall include the following elements:

(1)    Site Description. A general description of the employment site location, to include: level of transit service, parking availability, access to highways, and unique conditions experienced by the employer or its employees that might affect the level of SOV commuting and VMT per employee.

(2)    Employee Information. The total number of affected employees.

(3)    Employee Transportation Coordinator. The name of the employer’s designated employee transportation coordinator (ETC) to administer the CTR program. The ETC’s name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and Kitsap Transit.

(4)    Information Distribution. A commitment to regularly distribute to its employees information about alternatives to SOV commuting. Each employer’s subsequent annual report must include a description of the information to be distributed and the method of distribution.

(5)    Annual Progress Report. A commitment to annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall file an annual progress report with Kitsap Transit. The annual report form shall be provided by Kitsap Transit and shall be consistent with the CTR task force guidelines. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, eight, tenth, and twelfth years after program implementation begins.

(6)    Record Keeping. A list of records that will be kept by the employer that can be used to evaluate the employer’s CTR program. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer’s approved CTR program. Employers will maintain all records listed in their CTR program for a minimum of twenty-four months.

(7)    Specific Measures. In addition to the mandatory program elements described above, the employer’s CTR program shall include specific measures to be implemented to meet the CTR goals. These measures may include, but are not limited to, one or more of the following:

(A)    A provision for preferential parking or reduced parking charges, or both, for high occupancy vehicles;

(B)    Instituting or increasing parking charges for SOV’s;

(C)    A provision for commuter ride matching services to facilitate employee ride-sharing for commute trips;

(D)    A provision for subsidies for transit fares;

(E)    A provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit’s worker/driver buses);

(F)    A provision for subsidies for carpools or vanpools;

(G)    Permitting the use of the employer’s vehicles for carpooling or vanpooling;

(H)    Permitting flex-time 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)    A provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

(L)    A provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities;

(M)    Establishment of a telecommuting program to permit employees to work part-time 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;

(O)    Establishment of a guaranteed ride-home program that would provide transportation home, in case of an emergency, to employees who normally use an alternative commute mode; and

(P)    Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services.

(d)    Request for Modification of CTR Program Elements. An affected employer may request a modification of the CTR program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one of the following conditions exist:

(1)    Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or

(2)    Undue Hardship. The affected employer can demonstrate that compliance with the CTR program element(s) would constitute an undue hardship.

(e)    Exemption from CTR Program.

1.    Exemption From All Requirements. An affected employer may submit a request to Kitsap Transit to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the 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 Kitsap Transit 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. Kitsap Transit shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year.

2.    Exemption for Employees Using Vehicles for Work. An affected employer may submit a request to Kitsap Transit to exempt specific employees who must use their own vehicles during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees. Under this condition, the applicable CTR goals will not be modified but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV commute trips and VMT per employee used to determine the employer’s progress toward meeting its CTR program goals.

3.    Exemption for Variable Shift Employees. An affected employer may submit a request to Kitsap Transit to exempt specific employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Kitsap Transit will use the criteria identified in the CTR task force guidelines to assess the validity of an employee exemption request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.

(Ord. 149-A (1993) § 7, 1999: Ord. 149 (1993) § 7, 1993)

20.08.070 CTR zone, base year values and goals.

(a)    CTR Zone and Values. Kitsap County authorizes the board of commissioners of Kitsap Transit to, by resolution, establish the CTR zone(s) boundaries, and the base year values for SOV rate and VMT per employee within the CTR zone(s). This resolution shall be passed by January 31, 1993.

(b)    Percentage Reductions of SOV’s and VMT Per Employee. The CTR goals for an affected employer’s CTR program shall be a reduction in the proportion of SOV commute trips and VMT per employee by:

(1)    Fifteen percent by 1995;

(2)    Twenty percent by 1997;

(3)    Twenty-five percent by 1999; and

(4)    Thirty-five percent by 2005

from the base year values of the CTR zone in which the affected employer is located. The methods used to determine an affected employer’s SOV rate and VMT per employee shall be consistent with the CTR task force guidelines (RCW 70.94.537).

(c)    Modification of CTR Program Goals. An affected employer may request that Kitsap Transit modify the employer’s CTR goals. Such request shall be filed in writing at least sixty days prior to the date the worksite is required to submit its program description and 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 the elements contained in its approved CTR program. Kitsap Transit will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR task force guidelines. An employer may not request a modification of the applicable goals until one year after Kitsap Transit has approved the employer’s initial program description or annual report.

(Ord. 149-A (1993) § 8, 1999: Ord. 149 (1993) § 8, 1993)

20.08.080 Credit for commute trip reduction efforts.

(a)    Credit for Programs Implemented Prior to the Base Year. Employers with successful transportation demand management (TDM) programs implemented prior to the 1992 base year. may be eligible to receive a special one-time CTR program exemption credit, which exempts them from most CTR program requests. Affected employers wishing to receive this credit must apply to Kitsap Transit within ninety days of the adoption of the ordinance codified in this chapter. Application shall include data from a survey of employees or equivalent to establish the applicant’s VMT per employee and proportion of SOV commute trips. The survey or equivalent data shall conform to all applicable standards established in Chapter 2, Section 7, of the state CTR guidelines. An affected employer shall be considered to have met the 1995 CTR goals if their VMT per employee and proportion of SOV commute trips are equivalent to a twelve percent or greater reduction from the base year CTR zone values. These three percentage point credits apply only to the 1995 CTR goals.

(b)    Process to Apply for CTR Program Exemption Credit. Affected employers may apply for program exemption credit for the results of past or current CTR efforts by applying to Kitsap Transit in their initial CTR program description or as part of any other annual CTR progress 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 commute trips. The survey or equivalent information shall conform to all applicable standards established in Section 7 (survey guidelines) of the CTR task force guidelines. Employers that apply for program exemption credit and whose VMT per employee and proportion of SOV commute trips are equal to or less than the CTR 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 this chapter except for the requirements to report performance in 1995, 1997, and 1999. If any of these reports indicate the employer does not satisfy the next applicable CTR goal(s), the employer shall immediately become subject to all requirements of this chapter.

(c)    Notice of Leadership Certificate. As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth in this chapter, will receive a commute trip reduction certificate of leadership from Kitsap County. A notice of this certificate of leadership shall be published in the official newspaper.

(Ord. 149-A (1993) § 9, 1999: Ord. 149 (1993) § 9, 1993)

20.08.090 CTR program review and annual reports.

(a)    CTR Program Review.

(1)    Approval. Kitsap Transit shall provide the employer with written notification if the employer’s CTR program is deemed acceptable. Such notification shall be by certified mail or delivery, return receipt, addressed to the employer’s employee transportation coordinator. If the employer receives no written notification of extension of the review period or comment on the CTR program within forty-five days of submission, the employer’s CTR program shall be deemed approved. Kitsap Transit may extend the review period up to ninety days. The implementation date for the employer’s CTR program will be extended an equivalent number of days.

(2)    Conditional Approval. Kitsap Transit may determine that an employer’s CTR program is approved on the condition that certain aspects of the program be modified. In this case, Kitsap Transit shall notify the affected employer of the required modifications. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer’s employee transportation coordinator. Affected employers will be given thirty days from the date of such notice to submit a revised CTR program. Kitsap Transit shall have thirty days from the date the revised CTR program was received to accept or reject the revised CTR program.

(3)    Rejection. Kitsap Transit shall provide the employer with written notification if the employer’s CTR program is deemed unacceptable and therefore, rejected. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer’s employee transportation coordinator within forty-five days of the CTR program submittal date. The letter will specify the cause(s) for the rejection. Kitsap Transit will schedule a meeting with the affected employer within twenty-one days of the date of notice. During the meeting, Kitsap Transit will provide technical assistance to the affected employer. The affected employer will be given thirty days from the date of the meeting to submit a revised CTR program. Kitsap Transit shall have thirty days to accept or reject the revised CTR program.

(b)    CTR annual Progress Reports. Kitsap Transit shall establish the affected employer’s annual reporting date upon review of the employer’s initial CTR program. The filing date shall not be less than twelve months from the date the employer’s CTR program was approved. Each year on the employer’s reporting date the employer shall submit to Kitsap Transit its annual CTR program progress report. Kitsap Transit shall provide and the affected employer shall use a standard annual report form.

(Ord. 149-A (1993) § 10, 1999: Ord. 149 (1993) § 10, 1993)

20.08.100 Extensions.

An affected employer may request from Kitsap Transit additional time to submit a CTR program, or CTR annual progress report, or to implement or modify a CTR program. Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty days before the due date for which the extension is being requested. Extensions not to exceed ninety days may be considered for reasonable cause. Kitsap Transit shall grant or deny the employer’s extension request by certified letter, return receipt, within fifteen days of receiving the request. If there is no response issued to the employer, an extension is automatically granted for thirty days. Extensions shall not exempt an employer from any responsibility in meeting the CTR goals. Extensions granted due to delays or difficulties with any CTR 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 Kitsap Transit.

(Ord. 149-A (1993) § 11, 1999: Ord. 149 (1993) § 11, 1993)

20.08.110 Enforcement.

(a)    Compliance. Except as otherwise provided in this chapter, “compliance” shall mean fully implementing all provisions in an accepted CTR program and satisfying the requirements of this chapter.

(b)    Required CTR Program Modifications.

Kitsap Transit shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR program:

1.    Achieves Either or Both Goals. If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.531, and meets either or both the applicable SOV or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.

2.    Fails to Achieve Either Goals.

(a)    With Good Faith Effort. If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.531, but has not met or is not likely to meet the applicable SOV or VMT goal, Kitsap Transit shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to Kitsap Transit for approval within thirty days of reaching an agreement.

(b)    Without Good Faith Effort. If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70.94.531, and fails to meet either the applicable SOV or VMT reduction goal, Kitsap Transit shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. Kitsap Transit shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, Kitsap Transit will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by Kitsap Transit within ten working days of the conference.

(c)    Violations. The following constitute violations of this chapter:

(1)    Failure to develop and/or submit a complete CTR program by the applicable date as stated in this chapter.

(2)    Failure to implement an approved CTR program by the applicable deadlines as stated in this chapter.

(3)    Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter.

(4)    Failure of an affected employer to identify itself to Kitsap Transit within ninety days of the effective date of the ordinance codified in this chapter.

(5)    Failure of a newly affected employer to identify itself to Kitsap Transit within ninety days of becoming an affected employer.

(6)    Failure to submit on time an annual CTR program progress report to Kitsap Transit.

(7)    Failure to maintain agreed-upon CTR program records.

(8)    Intentionally submitting false information, data and/or survey results.

(9)    Failure to make a good faith effort, as defined in this chapter and in RCW 70.94.531.

(d)    Penalties.

(1)    Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I civil infraction, and subject to civil penalties pursuant to RCW 7.80.120.

(2)    Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as provided in this chapter.

(3)    Failure Due to Union. 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 Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70.94.531).

(4)    Not Liable. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals.

(e)    Adjudicative Procedure.

(1)    Service of the Notice of Infraction. An adjudicative procedure under this chapter is commenced by the issuance of a notice of civil infraction. Service of a notice of civil infraction shall be by either personal service or by certified mail, return receipt requested.

(2)    Contents of the Notice of Civil Infraction. The notice of civil infraction shall contain the following:

(A)    A statement that the notice represents a determination that a civil infraction has been committed by the affected employer or newly affected employer named in the notice and that the determination is final unless contested as provided in this chapter.

(B)    A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction.

(C)    A statement identifying the party issued the notice of civil infraction.

(D)    A statement of the specific civil infraction for which the notice was issued.

(E)    A statement of the monetary penalty established for the civil infraction.

(F)    A statement identifying the procedure to contest the notice of civil infraction.

(G)    A statement that a party must respond to a notice of civil infraction within fifteen days of the date the notice of civil infraction was received.

(H)    A statement that failure to respond to the notice of civil infraction as directed in this chapter will result in a default judgment for the identified monetary penalty being entered against the party named in the notice of civil infraction.

(3)    Failure to Respond. A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter.

(4)    Hearing on a Civil Infraction.

(A)    An affected employer or newly affected employer issued a notice of civil infraction may request a hearing on the infraction by submitting a written request for a hearing to the presiding officer not later than fifteen days from the date the notice of civil infraction was received.

(B)    The presiding officer shall set a meeting between the affected employer or newly affected employer and the presiding officer not later than fifteen days after the notice requesting a hearing is mailed. At such meeting, the affected employer or newly affected employer will explain its view of the alleged infraction and the presiding officer will explain Kitsap Transit’s view of the matter.

(C)    If the affected employer or newly affected employer to whom a notice of civil infraction is issued is found to have committed the infraction, the presiding officer shall, within ten days, serve upon the affected employer a written determination of the reason(s) for the decision and information about appeal procedures.

(D)    The written findings of the presiding officer shall be considered an initial order. If the affected employer does not appeal as provided for in this chapter, the initial order shall become the final order.

(Ord. 149-A (1993) § , 1999: Ord. 149 (1993) § 12, 1993)

20.08.120 Appeals.

(a)    Hearing an Appeal.

(1)    Venue. The affected employer shall select to appeal the initial order of the presiding officer in either Kitsap County district court or through the administrative process set forth in this chapter.

(2)    Time. An appeal of a determination that an affected employer or newly affected employer committed a civil infraction under this chapter shall be commenced by filing a written notice of appeal within thirty days of the issuance of the presiding officer’s written findings.

(3)    Administrative Process.

(A)    Kitsap Transit shall hire and pay for a hearing examiner for the sole purpose of hearing appeals brought pursuant to this chapter.

(B)    Appeals shall be heard within sixty days of the date the notice of appeal is received by the presiding officer; however no appeal shall be set less than fifteen days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review.

(C)    The hearing examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washington State CTR Law and the CTR task force guidelines. Appeals may be granted by the CTR hearing examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee.

(D)    The decision of the hearing examiner shall be a final administrative decision in the matter.

(Ord. 149-A (1993) § , 1999: Ord. 149 (1993) § 13, 1993)