Ordinance 1925-93 - Laserfiche WebLink

the event the City is successful in seeking compliance, the violator shall pay all costs incurred by the City in obtaining compliance. (2) It shall not be considered a failure to implement the CTR program, if an employer's inability to implement an element of a CTR program was the result of an inability to reach agreement within the preceding twelve month period with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Employers of union organized employees 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 statute and the mandates of the CTR program approved by the City and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). SECTION B EXEMPTIONS OR GOAL MODIFICATIONS 1. Exemptions. An affected employer may request that the City grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship 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 circumstance, 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 the City during the annual program review process. The City shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. 2. Modification of CTR Program Goals. Prior to implementation, an affected employer may request from the City a modification of program goals. Grounds for granting modification and the associated modification will be determined on a case-by-case basis and include the following: (1) An affected employer can demonstrate it requires significant numbers of its employees to use the vehicles they drive to work during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this conditions and must demonstrate that no reasonable alternative commute mode exists for these employees and that the vehicles cannot reasonably be used for carpools or vanpools. Under this condition, the applicable goals will not be changed 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 trips and VMT per employee used to determine the employer's progress toward program goals. (2) An affected employer demonstrates that its worksite is contiguous with a CTR zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition, the employer's worksite may be made subject to the same goals for VMT per employee and proportion of SOV trips as employers in the adjoining CTR zone. The employer may only request a modification based on these conditions prior to the CTR program implementation date. 12