An affected employer is required to make a good faith effort to develop and implement a CTR program that will encourage its employees to reduce Vehicle Miles Traveled (VMT) per employee and drive alone commute trips. The CTR program must include the mandatory elements as outlined below:
- Employee Transportation Coordinator (ETC) – The employer shall designate an ETC to administer the CTR program. The ETC and/or designee'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 the City of Tukwila. The objective is to have an effective Transportation Coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. The Transportation Coordinator must complete the basic ETC training course as provided by King County within six months of assuming the status of designated transportation coordinator, in order to help ensure consistent knowledge and understanding of CTR laws, rules, and guidelines statewide.
- Information Distribution – Information about alternatives to drive-alone commuting shall be provided to employees at least once a year. Each employer's program description and annual report must report the information to be distributed and the method of distribution. The information distributed shall be forwarded to the City's CTR Coordinator upon distribution to employees, to ensure a consistent marketing element in promoting the targeted and accomplished goals of the employer's CTR program.
- Additional Program Elements – In addition, the 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:
- Provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
- Instituting or increasing parking charges for drive-alone commuters;
- Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;
- Provision of subsidies for transit or vanpool fares and/or transit passes;
- Provision of vans or buses for employee ridesharing;
- Provision of subsidies for carpools or vanpools;
- Provision of incentives for employees that do not drive alone to work;
- Permitting the use of the employer's vehicles for carpooling or vanpooling;
- Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools;
- Cooperation with transportation providers to provide additional regular or express service to the worksite;
- Construction of special loading and unloading facilities for transit, carpool, and vanpool users;
- Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
- Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
- Establishment of a program to permit employees to work part-time or full-time at home or at an alternative worksite closer to their homes;
- Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commuting;
- Implementation of other measures designed to facilitate the use of high occupancy vehicles, such as on-site daycare facilities and emergency taxi services;
- Charging employees for parking, and/or the elimination of free parking;
- Intensive marketing campaigns through the distribution of informational newsletters, emails, brochures, or memos in a consistent manner.
(RCW 70.94.534) Employers are considered to be making a good faith effort if the following conditions have been met:
- The employer implemented the mandatory elements listed in the employer requirements and
- The employer has notified the jurisdiction of its intent to substantially change or modify its program and has either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved without additional modifications;
- The employer has provided adequate information and documentation of implementation when requested by the City of Tukwila; and
- The employer is working collaboratively with the City of Tukwila to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time.
The following constitute violations if the deadlines established in this Chapter are not met:
- Failure to perform a baseline measurement, including:
- Employers notified or that have identified themselves to the City of Tukwila within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within 90 days from the notification or self-identification.
- Employers not identified or self-identified within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within 90 days from the adoption of the ordinance.
- 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 drive-alone or VMT goal
- Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45.
- 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 employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:
- 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
- Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Tukwila, and advise the union that the proposal being made is necessary for compliance with State law (RCW 70.94.531).