To improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to driving alone for the commute trip.

To ensure consistency, cooperation and coordination with Pierce County, Pierce Transit and appropriate jurisdictions within the county in fulfilling the requirements as set forth in RCW 70.94.521-551.

To make optimal use of existing and planned transportation facilities to minimize development costs and preserve business opportunities in Tacoma, consistent with the goals and policies of the Comprehensive Plan as set forth in Chapter 13.02.060.

Affected employer. The provisions of this chapter shall apply to any affected employer at any single worksite within the limits of the City of Tacoma, or located in the city limits of jurisdictions where the City of Tacoma has entered into an interlocal agreement to administer CTR.

Change in status as an affected employer. Any of the following changes in an employer’s status may change the employer’s CTR Program requirements:

Newly affected employers.

City of Tacoma employees. The City of Tacoma, including General Government and the Public Utilities, is required to implement a Commute Trip Reduction Program in accordance with this chapter for its employees.

Notice to known affected employers. Known affected employers located in the City of Tacoma, or within the jurisdictions for which the City of Tacoma administers the CTR programs, will receive written notification that they are subject to this chapter and any revisions or amendments to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notification shall be delivered within 30 days of the adoption of this chapter or any revisions.

Self-identification of affected employers. Employers that, for whatever reasons, do not receive notice within 30 days of the adoption or amendment of this chapter shall identify themselves to the City of Tacoma within 60 days of the adoption of this chapter.

Notification of non-applicability. It is the responsibility of the employer to provide the City of Tacoma with information, in writing, regarding the non-applicability of this chapter to their worksite.

Employee Transportation Coordinator (ETC). The employer shall designate an employee transportation coordinator (ETC) to administer the CTR Program. The ETC or designee’s name 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 Tacoma. Employers with multiple affected worksites shall have effective program administration at each affected worksite. An employer may utilize the employee transportation coordinator services of a transportation management organization/association (TMO/TMA). If a TMO/TMA is utilized, the employer will still be held responsible for meeting all the requirements of RCW 70.94.521-551 and this chapter.

Information distribution. General information about alternatives to drive alone commuting, ride matching service, as well as a summary of the employer’s CTR Program shall be provided to employees at least once a year and to new employees at the time of hire or during the new hire orientation. Specific information about commute options, employer program elements, or countywide/statewide commuter services, programs and events shall be provided to employees at least once a month. A transportation event or promotional campaign shall be conducted at least once a year.

Emergency ride home. The employer shall offer to its employees an emergency ride home program which guarantees employees a free ride home in emergency situations when they use alternative commute modes.

Additional program elements to achieve CTR goals.

CTR program reporting.

Biennial survey measure of employee commute behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall utilize the State provided survey measurement tool or State approved equivalent format and strive to achieve at least a 70% response rate from employees at the worksite. The City of Tacoma will establish a measurement schedule, in coordination with the countywide schedule, that will require employers to conduct the measurement survey on a two-year cycle. Depending on when a newly affected employer is identified, a baseline survey and measurement survey may be required during the established measurement schedule. For the purposes of this chapter, an employer shall not be required to survey more than once in a 12-month period.

Record keeping. Affected employers shall maintain a copy of official correspondences with the City of Tacoma, their measurement results and all supporting documentation for the descriptions and assertions made in any CTR report to the City for a minimum of 48 months. The City and the employer shall agree on the record keeping requirements as part of the accepted CTR Program.

Newly affected employers. The first annual report submitted by a newly affected employer shall be accepted by the City of Tacoma as long as it addresses necessary baseline information and all required elements including elements likely to result in reduction in drive alone trips or reduction in average VMT.

Review and evaluation. The City of Tacoma’s review and evaluation will address the employer’s good faith efforts toward meeting the CTR goals. Consequently, programs may be deemed acceptable or unacceptable based on the employer’s progress in reducing commute trips, as measured by reduction in drive alone trips or reduction in average VMT. The employer shall provide adequate information and documentation of program implementation when requested by the City.

Document review. Within 90 days of receipt of an employer’s CTR Program, the City of Tacoma shall provide the employer with written notification of the acceptability of the CTR Program. If the CTR Program is deemed unacceptable, the notification must give cause for the rejection. The City may extend the review period up to 90 days. If the review period is extended, the implementation date for the employer’s CTR Program will be extended an equivalent number of days.

Review criteria. The City of Tacoma shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program:

Request for conference. Within 10 days of receipt of written notice for an unacceptable CTR Program, the City of Tacoma or employer may request a conference to discuss the City’s decision. This conference shall be scheduled during the City’s official hours.

Request for program modifications. Any affected employer may make a request, in writing, to the City of Tacoma for modification of its CTR Program elements, other than the mandatory designation of the employee transportation coordinator, information distribution, survey, and quarterly and annual reports. The City shall review such request and notify the employer of its decision in writing within 30 days upon receipt of the request. The employer’s request for program modifications may be granted if one of the following conditions exist:

Implementation of program modifications. If the City of Tacoma proposes modifications to an affected employer’s CTR Program due to the program’s unacceptability or in response to the employer’s request for modifications, the employer shall have 30 days to submit a revised program that includes the proposed or other mutually agreed modifications. The City shall also review annually all modifications and determine whether they will remain in effect during the following program year.

Worksite exemption. An affected employer may make a request, in writing, to the City of Tacoma for granting 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). A one-year 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 drive alone trips or average VMT per employee. The City shall grant or deny the request within 30 days of receipt of the request. The City shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.

Employee exemption. 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. Affected employees who are exempted from a worksite’s CTR Program shall be counted when determining the total number of affected employees at the worksite. The City of Tacoma shall grant or deny the request within 30 days of receipt of the request. The City shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.

Compliance. For purposes of this chapter, compliance shall mean fully implementing all provisions in an approved CTR Program or being determined to have made a good faith effort as defined in RCW 70.94.534(2) and this chapter.

Violations. The following constitute violations of this chapter:

Penalties.

Appeals. Any affected employer may appeal administrative decisions regarding modification of CTR Program elements and penalties to the City of Tacoma Hearing Examiner. Appeals shall be filed within 30 days of the administrative decision. Appeals shall be heard pursuant to those applicable procedures found in Chapter 1.23. Such appeals to the Hearing Examiner shall be de novo. The Hearing Examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with the CTR Law (RCW 70.94.521-551), WAC 468-63 and this chapter.

Judicial appeal. The decision of the Hearing Examiner shall be considered a final decision, appealable only to the Superior Court of Washington for Pierce County. Appeals to the Superior Court shall be made within 30 days of the final action of the Hearing Examiner.