AN
ACT Relating to transportation demand management; amending RCW 70.94.521,
70.94.527, 70.94.531, 70.94.534, 70.94.537, 70.94.551, 46.74.010, 46.74.030,
and 51.08.013; and reenacting and amending RCW 42.17.310.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.521 and 1991 c 202 s 10 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 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 1996 c 186 s 513 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 a commute trip reduction plan for all
major employers. The plan shall be developed in cooperation with local transit
agencies, 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 a commute trip reduction plan.
(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 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 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, may obtain waiver
or modification of those requirements; and (g) 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 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 ((of)) or
the base year value for the commute trip reduction zone in which their
worksite is located by January 1, 1995, ((twenty-five)) twenty
percent reduction from the base year values by January 1, 1997, ((and
thirty-five)) 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 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 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 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. Transit agencies shall work with counties,
cities, and towns 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 implementing a commute trip reduction program shall,
within thirty days submit a summary of its plan along with certification of
adoption 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, ((2000)) 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 commute trip reduction
plan granted 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 but they
may notify the jurisdiction of any comments or objections.
(10)
Each county, city, or town 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)
Each county, city, or town implementing a commute trip reduction program
shall ensure that employers that 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)
Plans implemented under this section shall not apply to commute trips for
seasonal agricultural employees.
(((12)))
(13) 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 1991 c 202 s 13 are each amended to read as follows:
(1)
Not more than six months after the adoption of the commute trip reduction plan
by a jurisdiction, each major employer in that jurisdiction shall develop a
commute trip reduction program and shall submit a description of that program
to the jurisdiction for review. The program shall be implemented not more than
six months after submission to the 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. 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).
Sec.
4. RCW
70.94.534 and 1991 c 202 s 14 are each amended to read as follows:
(1)
Each jurisdiction implementing a commute trip reduction plan under this chapter
or as part of a plan or ordinance developed under RCW 36.70A.070 shall review
each employer's initial commute trip reduction program to determine if the program
is likely to meet the applicable commute trip reduction goals. The employer
shall be notified by the jurisdiction of its findings. If the jurisdiction
finds that the program is not likely to meet the applicable commute trip
reduction goals, the jurisdiction will work with the employer to modify the
program as necessary. The 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 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 shall annually review each employer's progress and good
faith efforts toward meeting the applicable commute trip reduction goals.
If ((it appears)) 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 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.
(((3)))
(4) If an employer fails to make a good faith effort and fails to
meet the applicable commute trip reduction goals, the jurisdiction 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.
(((4)))
(5) Each jurisdiction implementing a commute trip reduction plan
pursuant to this chapter 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 (((3))) (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 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
70.94.537 and 1996 c 186 s 514 are each amended to read as follows:
(1)
A ((twenty-two)) twenty-eight member state commute trip reduction
task force ((shall be)) is established as follows:
(a)
The secretary of the department of transportation or the secretary's designee
who shall serve as chair;
(b)
The director of the department of ecology or the director's designee;
(c)
The director of the department of community, trade, and economic development or
the director's designee;
(d)
The director of the department of general administration or the director's
designee;
(e)
Three representatives from counties appointed by the governor from a list of at
least six recommended by the Washington state association of counties;
(f)
Three representatives from cities and towns appointed by the governor from a
list of at least six recommended by the association of Washington cities;
(g)
Three representatives from transit agencies appointed by the governor from a
list of at least six recommended by the Washington state transit association;
(h)
((Six)) Twelve representatives of employers at or owners of major
worksites in Washington appointed by the governor from a list ((of at least
twelve)) recommended by the association of Washington business or other
state-wide business associations representing major employers, provided that
every affected county shall have at least one representative; and
(i)
Three citizens appointed by the governor.
Members
of the commute trip reduction task force shall serve without compensation but
shall be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060. Members appointed by the governor shall be compensated in
accordance with RCW 43.03.220. The task force has all powers necessary to
carry out its duties as prescribed by this chapter. The task force shall be
dissolved on July 1, ((2000)) 2006.
(2)
By March 1, 1992, the commute trip reduction task force shall establish
guidelines for commute trip reduction plans. The guidelines are intended to
ensure consistency in commute trip reduction plans and goals among
jurisdictions while fairly taking into account differences in employment and
housing density, employer size, existing and anticipated levels of transit
service, special employer circumstances, and other factors the task force
determines to be relevant. The guidelines shall include:
(a)
Criteria for establishing commute trip reduction zones;
(b)
Methods and information requirements 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;
(c)
Model commute trip reduction ordinances;
(d)
Methods for assuring consistency in the treatment of employers who have
worksites subject to the requirements of this chapter in more than one
jurisdiction;
(e)
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, may obtain a waiver or
modification of those requirements and criteria for determining eligibility for
waiver or modification;
(f)
Methods to 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;
(g)
Alternative commute trip reduction goals for major employers which cannot meet
the goals of this chapter because of the unique nature of their business; ((and))
(h)
Alternative commute trip reduction goals for major employers whose worksites
change and who contribute substantially to traffic congestion in a trip
reduction zone; and
(i)
Methods to insure that employers receive credit for scheduling changes enacted
pursuant to the criteria identified in RCW 70.94.527(11).
(3)
The task force shall work with jurisdictions, major employers, and other
parties to develop and implement a public awareness campaign designed to
increase the effectiveness of local commute trip reduction programs and support
achievement of the objectives identified in this chapter.
(4)
The task force shall assess the commute trip reduction options available to
employers other than major employers and make recommendations to the
legislature by October 1, 1992. The recommendations shall include the minimum
size of employer who shall be required to implement trip reduction programs and
the appropriate methods those employers can use to accomplish trip reduction
goals.
(((4)))
(5) The task force shall review progress toward implementing commute
trip reduction plans and programs and the costs and benefits of commute trip
reduction plans and programs and shall make recommendations to the legislature
by December 1, 1995, ((and)) December 1, 1999, December 1, 2001,
December 1, 2003, and December 1, 2005. In assessing the costs and
benefits, the task force shall consider the costs of not having implemented
commute trip reduction plans and programs. The task force shall examine other
transportation demand management programs nationally and incorporate its
findings into its recommendations to the legislature. The recommendations
shall address the need for continuation, modification, or termination or any or
all requirements of this chapter. The recommendations made December 1, 1995,
shall include recommendations regarding extension of the requirements of this
chapter to employers with fifty or more full-time employees at a single
worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on
weekdays for more than twelve continuous months.
Sec.
6. RCW
70.94.551 and 1996 c 186 s 516 are each amended to read as follows:
(1)
The director of general administration, with the concurrence of an interagency
task force established for the purposes of this section, shall coordinate a
commute trip reduction plan for state agencies which are phase 1 major
employers by January 1, 1993. The task force shall include representatives of
the departments of transportation and ecology and such other departments as the
director of general administration determines to be necessary to be generally
representative of state agencies. The state agency plan shall be consistent
with the requirements of RCW 70.94.527 and 70.94.531 and shall be developed in
consultation with state employees, local and regional governments, local
transit agencies, the business community, and other interested groups. The
plan shall consider and recommend policies applicable to all state agencies
including but not limited to policies regarding parking and parking charges,
employee incentives for commuting by other than single-occupant automobiles,
flexible and alternative work schedules, alternative worksites, and the use of
state-owned vehicles for car and van pools. The plan shall also consider the
costs and benefits to state agencies of achieving commute trip reductions and
consider mechanisms for funding state agency commute trip reduction programs.
The department shall, within thirty days, submit a summary of its plan along
with certification of adoption to the commute trip reduction task force
established under RCW 70.94.537.
(2)
Not more than three months after the adoption of the commute trip reduction
plan, each state agency shall, for each facility which is a major employer,
develop a commute trip reduction program. The program shall be designed to
meet the goals of the commute trip reduction plan of the county, city, or town
or, if there is no local commute trip reduction plan, the state. The program
shall be consistent with the policies of the state commute trip reduction plan
and RCW 70.94.531. The agency shall submit a description of that program to
the local jurisdiction implementing a commute trip reduction plan or, if there
is no local commute trip reduction plan, to the department of general administration.
The program shall be implemented not more than three months after submission to
the department. Annual reports required in RCW 70.94.531(2)(c) shall be
submitted to the local jurisdiction implementing a commute trip reduction plan
and to the department of general administration. An agency which is not
meeting the applicable commute trip reduction goals shall, to the extent
possible, modify its program to comply with the recommendations of the local
jurisdiction or the department of general administration.
(3)
State agencies sharing a common location may develop and implement a joint
commute trip reduction program or may delegate the development and
implementation of the commute trip reduction program to the department of
general administration.
(4)
The department of general administration in consultation with the state
technical assistance team shall review the initial commute trip reduction
program of each state agency subject to the commute trip reduction plan for
state agencies to determine if the program is likely to meet the applicable
commute trip reduction goals and notify the agency of any deficiencies. If it
is found that the program is not likely to meet the applicable commute trip
reduction goals, the team will work with the agency to modify the program as
necessary.
(5)
For each agency subject to the state agency commute trip reduction plan, the
department of general administration in consultation with the technical
assistance team shall annually review progress toward meeting the applicable
commute trip reduction goals. If it appears an agency is not meeting or is not
likely to meet the applicable commute trip reduction goals, the team shall work
with the agency to make modifications to the commute trip reduction program.
(6)
The department of general administration shall submit an annual progress report
for state agencies subject to the state agency commute trip reduction plan to
the commute trip reduction task force established under RCW 70.94.537. The
report shall be due April 1, 1993, and each April 1st through ((2000))
2006. The report shall report 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.
Sec.
7. RCW
42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80
s 1 are each reenacted and amended to read as follows:
(1)
The following are exempt from public inspection and copying:
(a)
Personal information in any files maintained for students in public schools,
patients or clients of public institutions or public health agencies, or
welfare recipients.
(b)
Personal information in files maintained for employees, appointees, or elected
officials of any public agency to the extent that disclosure would violate
their right to privacy.
(c)
Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of the information to other persons
would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the
taxpayer's right to privacy or result in unfair competitive disadvantage to the
taxpayer.
(d)
Specific intelligence information and specific investigative records compiled
by investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy.
(e)
Information revealing the identity of persons who are witnesses to or victims
of crime or who file complaints with investigative, law enforcement, or penology
agencies, other than the public disclosure commission, if disclosure would
endanger any person's life, physical safety, or property. If at the time a
complaint is filed the complainant, victim or witness indicates a desire for
disclosure or nondisclosure, such desire shall govern. However, all complaints
filed with the public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the
complainant under oath.
(f)
Test questions, scoring keys, and other examination data used to administer a
license, employment, or academic examination.
(g)
Except as provided by chapter 8.26 RCW, the contents of real estate appraisals,
made for or by any agency relative to the acquisition or sale of property,
until the project or prospective sale is abandoned or until such time as all of
the property has been acquired or the property to which the sale appraisal
relates is sold, but in no event shall disclosure be denied for more than three
years after the appraisal.
(h)
Valuable formulae, designs, drawings, and research data obtained by any agency
within five years of the request for disclosure when disclosure would produce
private gain and public loss.
(i)
Preliminary drafts, notes, recommendations, and intra-agency memorandums in
which opinions are expressed or policies formulated or recommended except that
a specific record shall not be exempt when publicly cited by an agency in
connection with any agency action.
(j)
Records which are relevant to a controversy to which an agency is a party but
which records would not be available to another party under the rules of
pretrial discovery for causes pending in the superior courts.
(k)
Records, maps, or other information identifying the location of archaeological
sites in order to avoid the looting or depredation of such sites.
(l)
Any library record, the primary purpose of which is to maintain control of
library materials, or to gain access to information, which discloses or could
be used to disclose the identity of a library user.
(m)
Financial information supplied by or on behalf of a person, firm, or
corporation for the purpose of qualifying to submit a bid or proposal for (i) a
ferry system construction or repair contract as required by RCW 47.60.680
through 47.60.750 or (ii) highway construction or improvement as required by
RCW 47.28.070.
(n)
Railroad company contracts filed prior to July 28, 1991, with the utilities and
transportation commission under RCW 81.34.070, except that the summaries of the
contracts are open to public inspection and copying as otherwise provided by
this chapter.
(o)
Financial and commercial information and records supplied by private persons
pertaining to export services provided pursuant to chapter 43.163 RCW and
chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW
43.23.035.
(p)
Financial disclosures filed by private vocational schools under chapters 28B.85
and 28C.10 RCW.
(q)
Records filed with the utilities and transportation commission or attorney
general under RCW 80.04.095 that a court has determined are confidential under
RCW 80.04.095.
(r)
Financial and commercial information and records supplied by businesses or
individuals during application for loans or program services provided by
chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided by any local agency.
(s)
Membership lists or lists of members or owners of interests of units in
timeshare projects, subdivisions, camping resorts, condominiums, land
developments, or common-interest communities affiliated with such projects,
regulated by the department of licensing, in the files or possession of the
department.
(t)
All applications for public employment, including the names of applicants,
resumes, and other related materials submitted with respect to an applicant.
(u)
The residential addresses and residential telephone numbers of employees or
volunteers of a public agency which are held by the agency in personnel
records, employment or volunteer rosters, or mailing lists of employees or
volunteers.
(v)
The residential addresses and residential telephone numbers of the customers of
a public utility contained in the records or lists held by the public utility
of which they are customers.
(w)(i)
The federal social security number of individuals governed under chapter 18.130
RCW maintained in the files of the department of health, except this exemption
does not apply to requests made directly to the department from federal, state,
and local agencies of government, and national and state licensing,
credentialing, investigatory, disciplinary, and examination organizations; (ii)
the current residential address and current residential telephone number of a
health care provider governed under chapter 18.130 RCW maintained in the files
of the department, if the provider requests that this information be withheld
from public inspection and copying, and provides to the department an accurate
alternate or business address and business telephone number. On or after
January 1, 1995, the current residential address and residential telephone
number of a health care provider governed under RCW 18.130.140 maintained in
the files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW 42.17.260(9).
(x)
Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y)
Information obtained by the board of pharmacy or the department of health and
its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z)
Financial information, business plans, examination reports, and any information
produced or obtained in evaluating or examining a business and industrial
development corporation organized or seeking certification under chapter 31.24
RCW.
(aa)
Financial and commercial information supplied to the state investment board by
any person when the information relates to the investment of public trust or
retirement funds and when disclosure would result in loss to such funds or in
private loss to the providers of this information.
(bb)
Financial and valuable trade information under RCW 51.36.120.
(cc)
Client records maintained by an agency that is a domestic violence program as
defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in
RCW 70.125.030.
(dd)
Information that identifies a person who, while an agency employee: (i) Seeks
advice, under an informal process established by the employing agency, in order
to ascertain his or her rights in connection with a possible unfair practice
under chapter 49.60 RCW against the person; and (ii) requests his or her
identity or any identifying information not be disclosed.
(ee)
Investigative records compiled by an employing agency conducting a current
investigation of a possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting
discrimination in employment.
(ff)
Business related information protected from public inspection and copying under
RCW 15.86.110.
(gg)
Financial, commercial, operations, and technical and research information and
data submitted to or obtained by the clean Washington center in applications
for, or delivery of, program services under chapter 70.95H RCW.
(hh)
Information and documents created specifically for, and collected and
maintained by a quality improvement committee pursuant to RCW 43.70.510,
regardless of which agency is in possession of the information and documents.
(ii)
Personal information in files maintained in a data base created under RCW
43.07.360.
(jj)
The names, residential addresses, residential telephone numbers, and other
individually identifiable records held by an agency in relation to a vanpool,
carpool, or other ride-sharing program or service. However, these records may
be disclosed to other persons who apply for ride-matching services and who need
that information in order to identify potential riders or drivers with whom to
share rides.
(2)
Except for information described in subsection (1)(c)(i) of this section and
confidential income data exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to the extent that
information, the disclosure of which would violate personal privacy or vital
governmental interests, can be deleted from the specific records sought. No
exemption may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person or persons.
(3)
Inspection or copying of any specific records exempt under the provisions of
this section may be permitted if the superior court in the county in which the
record is maintained finds, after a hearing with notice thereof to every person
in interest and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(4)
Agency responses refusing, in whole or in part, inspection of any public record
shall include a statement of the specific exemption authorizing the withholding
of the record (or part) and a brief explanation of how the exemption applies to
the record withheld.
Sec.
8. RCW
46.74.010 and 1996 c 244 s 2 are each amended to read as follows:
The
definitions set forth in this section shall apply throughout this chapter,
unless the context clearly indicates otherwise.
(1)
"Commuter ride sharing" means a car pool or van pool arrangement
whereby a fixed group not exceeding fifteen persons including the driver, and
(a) not fewer than five persons including the driver, or (b) not fewer than
four persons including the driver where at least two of those persons are
confined to wheelchairs when riding, is transported in a passenger motor
vehicle with a gross vehicle weight not exceeding ten thousand pounds,
excluding special rider equipment, between their places of abode or termini
near such places, and their places of employment or educational or other
institutions, in a single daily round trip where the driver is also on the way
to or from his or her place of employment or educational or other institution.
(2)
"Flexible commuter ride sharing" means a car pool or van pool
arrangement whereby a group of at least two but not exceeding fifteen persons
including the driver is transported in a passenger motor vehicle with a gross
vehicle weight not exceeding ten thousand pounds, excluding special rider
equipment, between their places of abode or termini near such places, and their
places of employment or educational or other institutions, where the driver is
also on the way to or from his or her place of employment or educational or
other institution.
(3)
"Ride sharing for persons with special transportation needs" means an
arrangement whereby a group of persons with special transportation needs, and
their attendants, is transported by a public social service agency or a
private, nonprofit transportation provider as defined in RCW 81.66.010(3) in a
passenger motor vehicle as defined by the department to include small buses,
cutaways, and modified vans not more than twenty-eight feet long: PROVIDED,
That the driver need not be a person with special transportation needs.
(((3)))
(4) "Ride-sharing operator" means the person, entity, or
concern, not necessarily the driver, responsible for the existence and
continuance of commuter ride sharing, flexible commuter ride sharing, or
ride sharing for persons with special transportation needs. The term
"ride-sharing operator" includes but is not limited to an employer,
an employer's agent, an employer-organized association, a state agency, a
county, a city, a public transportation benefit area, or any other political
subdivision that owns or leases a ride-sharing vehicle.
(((4)))
(5) "Ride-sharing promotional activities" means those activities
involved in forming a commuter ride-sharing arrangement or a flexible commuter
ride-sharing arrangement, including but not limited to receiving information
from existing and prospective ride-sharing participants, sharing that
information with other existing and prospective ride-sharing participants, matching
those persons with other existing or prospective ride-sharing participants, and
making assignments of persons to ride-sharing arrangements.
(6)
"Persons with special transportation needs" means those persons
defined in RCW 81.66.010(4).
Sec.
9. RCW
46.74.030 and 1996 c 244 s 3 are each amended to read as follows:
The operator and the driver of a commuter ride‑sharing
vehicle or a flexible commuter ride-sharing vehicle shall be held to a
reasonable and ordinary standard of care, and are not subject to ordinances or
regulations which relate exclusively to the regulation of drivers or owners of
motor vehicles operated for hire, or other common carriers or public transit
carriers. No person, entity, or concern may, as a result of engaging in
ride-sharing promotional activities, be liable for civil damages arising
directly or indirectly (1) from the maintenance and operation of a commuter
ride-sharing or flexible commuter ride-sharing vehicle; or (2) from an
intentional act of another person who is participating or proposing to
participate in a commuter ride-sharing or flexible commuter ride-sharing
arrangement, unless the ride-sharing operator or promoter had prior, actual
knowledge that the intentional act was likely to occur and had a reasonable
ability to prevent the act from occurring.
Sec.
10. RCW
51.08.013 and 1995 c 179 s 1 are each amended to read as follows:
(1)
"Acting in the course of employment" means the worker acting at his
or her employer's direction or in the furtherance of his or her employer's
business which shall include time spent going to and from work on the jobsite,
as defined in RCW 51.32.015 and 51.36.040, insofar as such time is immediate to
the actual time that the worker is engaged in the work process in areas
controlled by his or her employer, except parking area. It is not necessary
that at the time an injury is sustained by a worker he or she is doing the work
on which his or her compensation is based or that the event is within the time
limits on which industrial insurance or medical aid premiums or assessments are
paid.
(2)
"Acting in the course of employment" does not include:
(a)
Time spent going to or coming from the employer's place of business((: (i)
In commuter ride sharing, as defined in RCW 46.74.010(1), notwithstanding any
participation by the employer in the ride-sharing arrangement; or (ii) on a
public transport system using a pass provided in whole or part by the employer))
in an alternative commute mode, notwithstanding that the employer (i) paid
directly or indirectly, in whole or in part, the cost of a fare, pass, or other
expense associated with the alternative commute mode; (ii) promoted and
encouraged employee use of one or more alternative commute modes; or (iii)
otherwise participated in the provision of the alternative commute mode.
(b)
An employee's participation in social activities, recreational or athletic
activities, events, or competitions, and parties or picnics, whether or
not the employer pays some or all of the costs thereof, unless: (i) The
participation is during the employee's working hours, not including paid leave;
(ii) the employee was paid monetary compensation by the employer to
participate; or (iii) the employee was ordered or directed by the employer to
participate or reasonably believed the employee was ordered or directed to
participate.
(3) "Alternative commute mode" means (a) a carpool or
vanpool arrangement whereby a group of at least two but not more than fifteen
persons including passengers and driver, is transported between their places of
abode or termini near those places, and their places of employment or
educational or other institutions, where the driver is also on the way to or
from his or her place of employment or educational or other institution; (b) a
bus, ferry, or other public transportation service; or (c) a nonmotorized means
of commuting such as bicycling or walking.
