H-4577.2  _______________________________________________

                          HOUSE BILL 3130

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representative Fortunato

Read first time 02/08/2000.  Referred to Committee on Transportation.

Revising commute trip reduction.

    AN ACT Relating to commute trip reduction; and amending RCW 70.94.521, 70.94.527, 70.94.531, 70.94.534, 70.94.541, and 70.94.544.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 70.94.521 and 1997 c 250 s 1 are each amended to read as follows:

    The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air contaminants.  This air pollution causes significant harm to public health, causes damage to trees, plants, structures, and materials and degrades the quality of the environment.

    Increasing automotive traffic is also aggravating traffic congestion in Washington's metropolitan areas.  This traffic congestion imposes significant costs on Washington's businesses, governmental agencies, and individuals in terms of lost working hours and delays in the delivery of goods and services.  Traffic congestion worsens automobile-related air pollution, increases the consumption of fuel, and degrades the habitability of many of Washington's cities and suburban areas.  The capital and environmental costs of fully accommodating the existing and projected automobile traffic on roads and highways are prohibitive.  Decreasing the demand for vehicle trips is significantly less costly and at least as effective in reducing traffic congestion and its impacts as constructing new transportation facilities such as roads and bridges, to accommodate increased traffic volumes.

    The legislature also finds that increasing automotive transportation is a major factor in increasing consumption of gasoline and, thereby, increasing reliance on imported sources of petroleum.  Moderating the growth in automotive travel is essential to stabilizing and reducing dependence on imported petroleum and improving the nation's energy security.

    The legislature further finds that reducing the number of commute trips to work made via single-occupant cars and light trucks is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use.  Major employers have significant opportunities to encourage and facilitate reducing single-occupant vehicle commuting by employees.  In addition, the legislature also recognizes the importance of increasing individual citizens' awareness of air quality, energy consumption, and traffic congestion, and the contribution individual actions can make towards addressing these issues.

    The intent of this chapter is to require ((local governments)) employers in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single-occupant vehicle commute trips.  Such plans shall require major employers and employers at major worksites to implement programs to reduce single-occupant vehicle commuting by employees at major worksites.  Local governments in counties experiencing significant but less severe automobile-related air pollution and traffic congestion may implement such plans.  State agencies shall implement programs to reduce single-occupant vehicle commuting at all major worksites throughout the state.

    Sec. 2.  RCW 70.94.527 and 1997 c 250 s 2 are each amended to read as follows:

    (1) Each county with a population over one hundred fifty thousand, and each city or town within those counties containing a major employer shall, by October 1, 1992, ((adopt by ordinance and implement)) review and approve a commute trip reduction plan ((for)) that is developed by all major employers.  The plan shall be developed by major employers and employers at major worksites in cooperation with local transit agencies((,)) and regional transportation planning organizations as established in RCW 47.80.020((, major employers, and the owners of and employers at major worksites)).  The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee by employees of major public and private sector employers in the jurisdiction.

    (2) All other counties, and cities and towns in those counties, may ((adopt and implement)) review and approve a commute trip reduction plan proposed by major employers or employers at major worksites within their jurisdictions.

    (3) The department of ecology may, after consultation with the department of transportation, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require ((municipalities)) employers other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.

    (4) A commute trip reduction plan shall be consistent with the guidelines established under RCW 70.94.537 and shall include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee; (b) designation of commute trip reduction zones; (c) requirements by the department of transportation for major public and private sector employers to implement commute trip reduction programs; (d) a commute trip reduction program for employees of the county, city, or town; (e) ((a review of local parking policies and ordinances as they relate to employers and major worksites and any revisions necessary to comply with commute trip reduction goals and guidelines; (f))) an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to ((meet the requirements of a commute trip reduction plan)) obtain approval of their plan after review by their local governmental entity, may obtain waiver or modification of those requirements; and (((g))) (f) means for determining base year values of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals on an annual basis.  Goals which are established shall take into account existing transportation demand management efforts which are made by major employers.  ((Each jurisdiction)) The department of transportation shall ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year.  The goals for miles traveled per employee for all major employers shall not be less than a fifteen 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 percent reduction from the base year values by January 1, 1997, twenty-five percent reduction from the base year values by January 1, 1999, and a thirty-five percent reduction from the base year values by January 1, 2005.

    (5) ((A county, city, or town)) The department of transportation may, as part of its commute trip reduction plan, require commute trip reduction programs for employers with ten or more full time employees at major worksites in federally designated nonattainment areas for carbon monoxide and ozone.  The ((county, city or town)) department of transportation shall develop the programs in cooperation with affected employers and provide technical assistance to the employers in implementing such programs.

    (6) The commute trip reduction plans ((adopted)) approved by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of ((counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues.  Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction.  Counties, cities, or towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development and implementation of such plans)) the department of transportation.  Transit agencies shall work with ((counties, cities, and towns)) major employers to take into account the location of major employer worksites when planning transit service changes or the expansion of public transportation services.  ((Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070.))

    (7) Each ((county, city, or town)) major employer or employer at a major worksite implementing a commute trip reduction program shall((,)) within thirty days submit a summary of its plan along with certification of ((adoption)) approval to the commute trip reduction task force established under RCW 70.94.537.

    (8) ((Each county, city, or town implementing a commute trip reduction program shall submit an annual progress report to the commute trip reduction task force established under RCW 70.94.537.  The report shall be due July 1, 1994, and each July 1st thereafter through July 1, 2006.  The report shall describe progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals.  The information shall be reported in a form established by the commute trip reduction task force.

    (9))) Any waivers or modifications of the requirements of ((a)) an employer's commute trip reduction plan ((granted)) approved by a jurisdiction shall be submitted for review to the commute trip reduction task force established under RCW 70.94.537.  The commute trip reduction task force may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by ((a jurisdiction)) an employer but they may notify the ((jurisdiction)) employer of any comments or objections.

    (((10))) (9) Each ((county, city, or town)) employer implementing a commute trip reduction program shall count commute trips eliminated through work-at-home options or alternate work schedules as one and two-tenths vehicle trips eliminated for the purpose of meeting trip reduction goals.

    (((11))) (10) Each ((county, city, or town)) employer implementing a commute trip reduction program shall ensure that ((employers that)) they have modified their employees' work schedules so that some or all employees are not scheduled to arrive at work between 6:00 a.m. and 9:00 a.m. are provided credit when calculating single-occupancy vehicle use and vehicle miles traveled at that worksite.  This credit shall be awarded if implementation of the schedule change was an identified element in that worksite's approved commute trip reduction program or if the schedule change occurred because of impacts associated with chapter 36.70A RCW, the growth management act.

    (((12))) (11) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.

    (((13))) (12) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.

    Sec. 3.  RCW 70.94.531 and 1997 c 250 s 3 are each amended to read as follows:

    (1) Not more than six months after the adoption of the commute trip reduction ((plan)) program by ((a jurisdiction)) the department of transportation, each major employer ((in that jurisdiction)) shall develop a commute trip reduction program and shall submit a description of that program to the local jurisdiction for review and approval.  The program shall be implemented not more than six months after ((submission to)) approval by the local jurisdiction.

    (2) A commute trip reduction program shall consist of, at a minimum (a) designation of a transportation coordinator and the display of the name, location, and telephone number of the coordinator in a prominent manner at each affected worksite; (b) regular distribution of information to employees regarding alternatives to single-occupant vehicle commuting; (c) an annual review of employee commuting and reporting of progress toward meeting the single-occupant vehicle reduction goals to the county, city, or town consistent with the method established in the commute trip reduction plan; and (d) implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the ((jurisdiction)) department of transportation.  Such measures may include but are not limited to:

    (i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;

    (ii) Instituting or increasing parking charges for single-occupant vehicles;

    (iii) Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;

    (iv) Provision of subsidies for transit fares;

    (v) Provision of vans for van pools;

    (vi) Provision of subsidies for car pooling or van pooling;

    (vii) Permitting the use of the employer's vehicles for car pooling or van pooling;

    (viii) Permitting flexible work schedules to facilitate employees' use of transit, car pools, or van pools;

    (ix) Cooperation with transportation providers to provide additional regular or express service to the worksite;

    (x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;

    (xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

    (xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility;

    (xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes;

    (xiv) Establishment of a program of alternative work schedules such as compressed work week schedules which reduce commuting; and

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

    (3) Employers or owners of worksites may form or utilize existing transportation management associations to assist members in developing and implementing commute trip reduction programs.

    (4) Employers shall make a good faith effort towards achievement of the goals identified in RCW 70.94.527(4)(((g))) (f).

    Sec. 4.  RCW 70.94.534 and 1997 c 250 s 4 are each amended to read as follows:

    (1) Each local jurisdiction ((implementing a)) in which an employer has implemented a commute trip reduction plan under this chapter ((or as part of a plan or ordinance developed under RCW 36.70A.070)) shall review and approve each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals.  If the local jurisdiction approves the employer's commute trip reduction plan, the employer shall forward the plan to the department of transportation.  The employer shall be notified by the local jurisdiction of its ((findings)) approval or lack of approval.  If the local jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the local jurisdiction will notify the employer to work with the ((employer)) department of transportation to modify the program as necessary.  The local jurisdiction shall complete review of each employer's initial commute trip reduction program within three months of receipt.

    (2) Employers implementing commute trip reduction programs are expected to undertake good faith efforts to achieve the goals outlined in RCW 70.94.527(4).  Employers are considered to be making a good faith effort if the following conditions have been met:

    (a) The employer has met the minimum requirements identified in RCW 70.94.531; and

    (b) The employer is working collaboratively with ((its jurisdiction)) the department of transportation 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.

    (3) ((Each jurisdiction)) The department of transportation shall annually review each employer's progress and good faith efforts toward meeting the applicable commute trip reduction goals.  If an employer makes a good faith effort, as defined in this section, but is not likely to meet the applicable commute trip reduction goals, the ((jurisdiction)) department of transportation shall work collaboratively with the employer to make modifications to the commute trip reduction program.  Failure of an employer to reach the applicable commute trip reduction goals is not a violation of this chapter.

    (4) If an employer fails to make a good faith effort and fails to meet the applicable commute trip reduction goals, the ((jurisdiction)) department of transportation shall work collaboratively with the employer to propose modifications to the program and shall direct the employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.

    (5) ((Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter)) The department of transportation may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (4) of this section.  No major employer may be held liable for civil penalties for failure to reach the applicable commute trip reduction goals.  No major employer shall be liable for civil penalties under this chapter if failure to achieve a commute trip reduction program goal 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.

    (6) ((Jurisdictions)) The department of transportation shall notify major employers of the procedures for applying for goal modification or exemption from the commute trip reduction requirements based on the guidelines established by the commute trip reduction task force.

    Sec. 5.  RCW 70.94.541 and 1996 c 186 s 515 are each amended to read as follows:

    (1) A technical assistance team shall be established under the direction of the department of transportation and include representatives of the department of ecology.  The team shall provide staff support to the commute trip reduction task force in carrying out the requirements of RCW 70.94.537 and to the department of general administration in carrying out the requirements of RCW 70.94.551.

    (2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction ((plans and)) programs.  The technical assistance shall include:  (a) Guidance in determining base and subsequent year values of single-occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs.  Model ((plans and)) programs, training and informational materials shall be developed in cooperation with representatives of local governments, transit agencies, and employers.

    (((3) In carrying out this section the department of transportation may contract with state-wide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.))

    Sec. 6.  RCW 70.94.544 and 1991 c 202 s 17 are each amended to read as follows:

    A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction task force in carrying out the responsibilities of RCW 70.94.541, and the interagency technical assistance team, including the activities authorized under RCW 70.94.541(2), and to assist employers, counties, cities, and towns implementing commute trip reduction ((plans)) programs.  ((Funds shall be provided to the counties in proportion to the number of major employers and major worksites in each county.  The counties shall provide funds to cities and towns within the county which are implementing commute trip reduction plans in proportion to the number of major employers and major worksites within the city or town.))

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