BILL REQ. #: H-4984.2
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/06/06.
AN ACT Relating to commute trip reduction; amending RCW 70.94.524, 70.94.527, 70.94.531, 70.94.534, 70.94.537, 70.94.541, 70.94.544, 70.94.547, and 70.94.551; and adding new sections to chapter 70.94 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.94.524 and 1991 c 202 s 11 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "A major employer" means a private or public employer,
including state agencies, that employs one hundred 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 at least twelve continuous
months during the year.
(2) "Major worksite" means a building or group of buildings that
are on physically contiguous parcels of land or on parcels separated
solely by private or public roadways or rights of way, and at which
there are one hundred or more full-time employees ((of one or more
employers)), who begin their regular work day between 6:00 a.m. and
9:00 a.m. on weekdays, for at least twelve continuous months.
(3) (("Commute trip reduction zones" mean areas, such as census
tracts or combinations of census tracts, within a jurisdiction that are
characterized by similar employment density, population density, level
of transit service, parking availability, access to high occupancy
vehicle facilities, and other factors that are determined to affect the
level of single occupancy vehicle commuting.)) "Major employment installation" means a military base or
federal reservation, excluding tribal reservations, at which there are
one hundred or more full-time employees, who begin their regular
workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least
twelve continuous months during the year.
(4)
(4) "Person hours of delay" means the daily person hours of delay
per mile in the peak period of 6:00 a.m. to 9:00 a.m., as calculated
using the best available methodology by the department of
transportation.
(5) "Commute trip" means trips made from a worker's home to a
worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays.
(((5))) (6) "Proportion of single-occupant vehicle commute trips"
means the number of commute trips made by single-occupant automobiles
divided by the number of full-time employees.
(((6))) (7) "Commute trip vehicle miles traveled per employee"
means the sum of the individual vehicle commute trip lengths in miles
over a set period divided by the number of full-time employees during
that period.
(((7))) (8) "Base year" means the ((year January 1, 1992, through
December 31, 1992, on which goals for vehicle miles traveled and
single-occupant vehicle trips shall be based. Base year goals may be
determined using the 1990 journey-to-work census data projected to the
year 1992 and shall be consistent with the growth management act. The
task force shall establish a method to be used by jurisdictions to
determine reductions of vehicle miles traveled)) twelve-month period
commencing when a major employer is determined to be participating by
the local jurisdiction, on which commute trip reduction goals shall be
based.
(9) "Growth and transportation efficiency center" means a defined,
compact, mixed-use urban area that contains jobs or housing and
supports multiple modes of transportation. For the purpose of funding,
a growth and transportation efficiency center must meet minimum
criteria established by the commute trip reduction board under RCW
70.94.537, and must be certified by a regional transportation planning
organization as established in RCW 47.80.020.
(10) "Affected urban growth area" means an urban growth area, as
defined by RCW 36.70A.110, whose boundaries contain a state highway
segment exceeding the one hundred person hours of delay threshold
calculated by the department of transportation, as well as any
contiguous urban growth areas listed by the department of
transportation in the rules for this act.
(11) "Certification" means a determination by a regional
transportation planning organization that a locally designated growth
and transportation efficiency center program meets the minimum criteria
developed in a collaborative regional process and the rules established
by the department of transportation.
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 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)) containing an urban growth area, as defined by RCW
36.70A.110, and each city within an urban growth area with a state
highway segment exceeding the one hundred person hours of delay
threshold calculated by the department of transportation, as well as
those counties and cities located in any contiguous urban growth areas,
shall adopt a commute trip reduction plan and ordinance for major
employers in the affected urban growth area by a date specified by the
commute trip reduction board. Jurisdictions located within an urban
growth area with a population greater than seventy thousand that
adopted a commute trip reduction ordinance before the year 2000, as
well as any jurisdiction within contiguous urban growth areas, shall
also adopt a commute trip reduction plan and ordinance for major
employers in the affected urban growth area by a date specified by the
commute trip reduction board. Jurisdictions containing a major
employment installation in a county with an affected growth area, as
defined by RCW 36.70A.110, shall adopt a commute trip reduction plan
and ordinance for major employers in the major employment installation
by a date specified by the commute trip reduction board. The ordinance
shall establish the requirements for major employers and provide 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 the ordinance, may obtain waiver or
modification of those requirements. 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)) be consistent with the rules established by the
department of transportation. The county, city, or town shall submit
its adopted plan to the regional transportation planning organization.
The county, city, or town plan shall be included in the regional
commute trip reduction plan for regional transportation planning
purposes, consistent with the rules established by the department of
transportation in RCW 70.94.537.
(2) All other counties, ((and)) cities, and towns ((in those
counties,)) may adopt and implement a commute trip reduction plan
consistent with department of transportation rules established under
RCW 70.94.537. Tribal governments are encouraged to adopt a commute
trip reduction plan for their lands. State investment in voluntary
commute trip reduction plans shall be limited to those areas that meet
criteria developed by the commute trip reduction board.
(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)) rules 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)) consistent with the state goals
established by the commute trip reduction board under RCW 70.94.537 and
the regional commute trip reduction plan goals established in the
regional commute trip reduction plan; (b) ((designation of commute trip
reduction zones; (c))) a description of the requirements for major
public and private sector employers to implement commute trip reduction
programs; (((d))) (c) 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))) and (d) means, consistent with rules established by the
department of transportation, 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 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.)). The plan shall be developed in
consultation with local transit agencies, the applicable regional
transportation planning organization, major employers, and other
interested parties.
(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))) (5) 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)) and 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, transportation management associations or other
private or nonprofit providers of transportation services, or regional
transportation planning organizations to coordinate the development and
implementation of such plans. Transit agencies shall work with
counties, cities, and towns as a part of their six-year transit
development plan established in RCW 35.58.2795 to take into account the
location of major employer worksites when planning and prioritizing
transit service changes or the expansion of public transportation
services, including rideshare 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. Regional transportation planning organizations
shall review the local commute trip reduction plans during the
development and update of the regional commute trip reduction plan.
(6) Each affected regional transportation planning organization
shall adopt a commute trip reduction plan for its region consistent
with the rules and deadline established by the department of
transportation under RCW 70.94.537. The plan shall include, but is not
limited to: (a) Regional program goals for commute trip reduction in
urban growth areas and all designated growth and transportation
efficiency centers; (b) a description of strategies for achieving the
goals; (c) a sustainable financial plan describing projected revenues
and expenditures to meet the goals; (d) a description of the way in
which progress toward meeting the goals will be measured; and (e)
minimum criteria for growth and transportation efficiency centers. (i)
Regional transportation planning organizations shall review proposals
from local jurisdictions to designate growth and transportation
efficiency centers and shall determine whether the proposed growth and
transportation efficiency center is consistent with the criteria
defined in the regional commute trip reduction plan. (ii) Growth and
transportation efficiency centers certified as consistent with the
minimum requirements by the regional transportation planning
organization shall be identified in subsequent updates of the regional
commute trip reduction plan. These plans shall be developed in
collaboration with all affected local jurisdictions, transit agencies,
and other interested parties within the region. The plan will be
reviewed and approved by commute trip reduction board as established
under RCW 70.94.537. Regions without an approved regional commute trip
reduction plan shall not be eligible for state commute trip reduction
program funds.
The regional commute trip reduction plan shall be consistent with
and incorporated into transportation demand management components in
the regional transportation plan as required by RCW 47.80.030.
(7) Each ((county, city, or town)) regional transportation planning
organization implementing a regional commute trip reduction program
shall, ((within thirty days submit a summary of its plan along with
certification of adoption)) consistent with the rules and deadline
established by the department of transportation, submit its plan as
well as any related local commute trip reduction plans and certified
growth and transportation efficiency center programs, to the commute
trip reduction ((task force)) board established under RCW 70.94.537.
The commute trip reduction board shall review the regional commute trip
reduction plan and the local commute trip reduction plans. The
regional transportation planning organization shall collaborate with
the commute trip reduction board to evaluate the consistency of local
commute trip reduction plans with the regional commute trip reduction
plan. Local and regional plans must be approved by the commute trip
reduction board in order to be eligible for state funding provided for
the purposes of this chapter.
(8) Each ((county, city, or town)) regional transportation planning
organization implementing a regional commute trip reduction program
shall submit an annual progress report to the commute trip reduction
((task force)) board established under RCW 70.94.537. The report shall
be due ((July 1, 1994, and each July 1st thereafter through July 1,
2006)) at the end of each state fiscal year for which the program has
been implemented. 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)) board.
(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)) board established
under RCW 70.94.537. The commute trip reduction ((task force)) board
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.)) Plans implemented under this section shall not apply to
commute trips for seasonal agricultural employees.
(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)
(((13))) (11) Plans implemented under this section shall not apply
to construction worksites when the expected duration of the
construction project is less than two years.
(12) If an affected urban growth area has not previously
implemented a commute trip reduction program, and the state has funded
solutions to state highway deficiencies to address the area's exceeding
the person hours of delay threshold, the affected urban growth area
shall be exempt from the duties of this section for a period not
exceeding two years.
NEW SECTION. Sec. 3 A new section is added to chapter 70.94 RCW
to read as follows:
Nothing in this act preempts the ability of state employees to
collectively bargain over commute trip reduction issues, including
parking fees under chapter 41.80 RCW.
NEW SECTION. Sec. 4 A new section is added to chapter 70.94 RCW
to read as follows:
(1) A county, city, or town may, as part of its commute trip
reduction plan, designate existing activity centers listed in its
comprehensive plan or new activity centers as growth and transportation
efficiency centers and establish a transportation demand management
program in the designated area.
(a) The transportation demand management program for the growth and
transportation efficiency center shall be developed in consultation
with local transit agencies, the applicable regional transportation
planning organization, major employers, and other interested parties.
(b) In order to be eligible for state funding provided for the
purposes of this section, designated growth and transportation
efficiency centers shall be certified by the applicable regional
transportation organization to: (i) Meet the minimum land use and
transportation criteria established in collaboration among local
jurisdictions, transit agencies, the regional transportation planning
organization, and other interested parties as part of the regional
commute trip reduction plan; and (ii) have established a transportation
demand management program that includes the elements identified in (c)
of this subsection and is consistent with the rules established by the
department of transportation in RCW 70.94.537(2). If a designated
growth and transportation efficiency center is denied certification,
the local jurisdiction may appeal the decision to the commute trip
reduction board.
(c) Transportation demand management programs for growth and
transportation efficiency centers shall include, but are not limited
to: (i) Goals for reductions in the proportion of single-occupant
vehicle trips that are more aggressive than the state program goal
established by the commute trip reduction board; (ii) a sustainable
financial plan demonstrating how the program can be implemented to meet
state and regional trip reduction goals, indicating resources from
public and private sources that are reasonably expected to be made
available to carry out the plan, and recommending any innovative
financing techniques consistent with chapter 47.29 RCW, including
public/private partnerships, to finance needed facilities, services,
and programs; (iii) a proposed organizational structure for
implementing the program; (iv) a proposal to measure performance toward
the goal and implementation progress; and (v) an evaluation to which
local land use and transportation policies apply, including parking
policies and ordinances, to determine the extent that they complement
and support the trip reduction investments of major employers. Each of
these program elements shall be consistent with the rules established
under RCW 70.94.537.
(d) A designated growth and transportation efficiency center shall
be consistent with the land use and transportation elements of the
local comprehensive plan.
(e) Transit agencies, local governments, and regional
transportation planning organizations shall identify certified growth
and transportation efficiency centers as priority areas for new service
and facility investments in their respective investment plans.
(2) A county, city, or town that has established a growth and
transportation efficiency center program shall support vehicle trip
reduction activities in the designated area. The implementing
jurisdiction shall adopt policies, ordinances, and funding strategies
that will lead to attainment of program goals in those areas.
Sec. 5 RCW 70.94.531 and 1997 c 250 s 3 are each amended to read
as follows:
(1) State agency worksites are subject to the same requirements
under this section and RCW 70.94.534 as private employers.
(2) Not more than ((six months)) ninety days after the adoption of
((the)) a jurisdiction's commute trip reduction plan ((by a
jurisdiction)), each major employer in that jurisdiction shall perform
a baseline measurement consistent with the rules established by the
department of transportation under RCW 70.94.537. Not more than ninety
days after receiving the results of the baseline measurement, each
major employer 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)) ninety
days after ((submission to)) approval by the jurisdiction.
(((2))) (3) A commute trip reduction program of a major employer
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)) a regular
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 the rules established by the department of
transportation under RCW 70.94.537; 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))) (4) Employers or owners of worksites may form or utilize
existing transportation management associations or other
transportation-related associations authorized by RCW 35.87A.010 to
assist members in developing and implementing commute trip reduction
programs.
(((4))) (5) Employers shall make a good faith effort towards
achievement of the goals identified in RCW 70.94.527(4)(((g))) (d).
Sec. 6 RCW 70.94.534 and 1997 c 250 s 4 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)) ninety days 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 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;
(c) The employer has provided adequate information and
documentation of implementation when requested by the jurisdiction; and
(d) 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 at least once every
two years 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 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
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 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 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)) board authorized under RCW
70.94.537.
Sec. 7 RCW 70.94.537 and 1997 c 250 s 5 are each amended to read
as follows:
(1) A ((twenty-eight)) sixteen member state commute trip reduction
((task force)) board 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;)) One representative from the office
of the governor or the governor'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
(c) The director or the director's designee of one of the following
agencies, to be determined by the governor:
(i) Department of general administration;
(ii) Department of ecology;
(iii) Department of community, trade, and economic development;
(d) Three representatives from cities and towns or counties
appointed by the governor for staggered four-year terms from a list
((of at least six)) recommended by the association of Washington cities
or 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;)) (e) Two representatives from transit agencies appointed
by the governor for staggered four-year terms from a list ((
(g) Threeof at least
six)) recommended by the Washington state transit association;
(((h) Twelve)) (f) Two representatives from participating regional
transportation planning organizations appointed by the governor for
staggered four-year terms;
(g) Four representatives of employers at or owners of major
worksites in Washington, or transportation management associations,
business improvement areas, or other transportation organizations
representing employers, appointed by the governor ((from a list
recommended by the association of Washington business or other
statewide business associations representing major employers, provided
that every affected county shall have at least one representative; and)) for staggered four-year terms; and
(i) Three
(h) Two citizens appointed by the governor for staggered four-year
terms.
Members of the commute trip reduction ((task force)) board 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)) board has all powers necessary to carry out its duties
as prescribed by this chapter. ((The task force shall be dissolved on
July 1, 2006.))
(2) By March 1, ((1992)) 2007, the ((commute trip reduction task
force)) department of transportation shall establish ((guidelines))
rules for commute trip reduction plans and implementation procedures.
The commute trip reduction board shall advise the department on the
content of the rules. The ((guidelines)) rules 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)) board determines to be relevant. The
((guidelines)) rules shall include:
(a) Guidance criteria for ((establishing commute trip reduction
zones)) growth and transportation efficiency centers;
(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)) Data
measurement methods and procedures for determining the efficacy of
commute trip reduction activities 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;)) Establishment of a process for determining the state's
affected areas, including criteria and procedures for regional
transportation planning organizations in consultation with local
jurisdictions to propose to add or exempt urban growth areas;
(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;
(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)
(g) Listing of the affected areas of the program to be done every
four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to
determine whether jurisdictions that voluntarily implement commute trip
reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local
commute trip reduction plans, including guidance to ensure consistency
between the local commute trip reduction plan and the transportation
demand management strategies identified in the transportation element
in the local comprehensive plan, as required by RCW 36.70A.070.
(j) Guidelines for creating and updating regional commute trip
reduction plans, including guidance to ensure the regional commute trip
reduction plan is consistent with and incorporated into transportation
demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to
evaluate and certify that designated growth and transportation
efficiency center programs meet the minimum requirements and are
eligible for funding;
(l) Guidelines for creating and updating growth and transportation
efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be
designed to achieve substantial reductions in the proportion of
single-occupant vehicle commute trips and the commute trip vehicle
miles traveled per employee, at a level that is projected to improve
the mobility of people and goods by increasing the efficiency of the
state highway system.
(3) The board shall create a state commute trip reduction plan that
shall be updated every four years as discussed in subsection (5) of
this section. The state commute trip reduction plan shall include, but
is not limited to: (a) Statewide commute trip reduction program goals
that are designed to substantially improve the mobility of people and
goods; (b) identification of strategies at the state and regional
levels to achieve the goals and recommendations for how transportation
demand management strategies can be targeted most effectively to
support commute trip reduction program goals; (c) performance measures
for assessing the cost-effectiveness of commute trip reduction
strategies and the benefits for the state transportation system; and
(d) a sustainable financial plan. The board shall review and approve
regional commute trip reduction plans, and work collaboratively with
regional transportation planning organizations in the establishment of
the state commute trip reduction plan.
(4) The ((task force)) board shall work with affected
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.))
(5) The board shall evaluate and update the commute trip reduction
program plan and recommend changes to the rules every four years, with
the first assessment report due July 1, 2011, to ensure that the latest
data methodology used by the department of transportation is
incorporated into the program and to determine which areas of the state
should be affected by the program. The board shall review the
definition of a major employer no later than December 1, 2009. The
board shall regularly identify urban growth areas that are projected to
be affected by this act in the next four-year period and may provide
advance planning support to the potentially affected jurisdictions.
(6) The ((task force)) board 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 and the governor by December 1,
((1995, December 1, 1999, December 1, 2001, December 1, 2003, and
December 1, 2005)) 2009, and every two years thereafter. In assessing
the costs and benefits, the ((task force)) board shall consider the
costs of not having implemented commute trip reduction plans and
programs with the assistance of the transportation performance audit
board authorized under chapter 44.75 RCW. The ((task force)) board
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.))
(7) The board shall invite personnel with appropriate expertise
from state, regional, and local government, private, public, and
nonprofit providers of transportation services, and employers or owners
of major worksites in Washington to act as a technical advisory group.
The technical advisory group shall advise the board on the
implementation of local and regional commute trip reduction plans and
programs, program evaluation, program funding allocations, and state
rules and guidelines.
Sec. 8 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))
department of transportation shall provide staff support to the commute
trip reduction ((task force)) board 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)) department of transportation shall provide
technical assistance to regional transportation planning organizations,
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)) single measurement
methodology and practice 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 regional transportation planning organizations,
local governments, transit agencies, and employers.
(3) In carrying out this section the department of transportation
may contract with statewide associations representing cities, towns,
and counties to assist cities, towns, and counties in implementing
commute trip reduction plans and programs.
Sec. 9 RCW 70.94.544 and 2001 c 74 s 1 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))
board in carrying out the responsibilities of RCW ((70.94.541))
70.94.537, and the ((interagency technical assistance team)) department
of transportation, including the activities authorized under RCW
70.94.541(2), and to assist regional transportation planning
organizations, counties, cities, and towns implementing commute trip
reduction plans. The commute trip reduction board shall determine the
allocation of program funds made available for the purposes of this
chapter to regional transportation planning organizations, counties,
cities, and towns implementing commute trip reduction plans. If state
funds for the purposes of this chapter are provided to those
jurisdictions implementing voluntary commute trip reduction plans, the
funds shall be disbursed based on criteria established by the commute
trip reduction board under RCW 70.94.537.
Sec. 10 RCW 70.94.547 and 1991 c 202 s 18 are each amended to
read as follows:
The legislature hereby recognizes the state's crucial leadership
role in establishing and implementing effective commute trip reduction
programs. Therefore, it is the policy of the state that the department
of general administration and other state agencies, including
institutions of higher education, shall aggressively develop
substantive programs to reduce commute trips by state employees.
Implementation of these programs will reduce energy consumption,
congestion in urban areas, and air and water pollution associated with
automobile travel.
Sec. 11 RCW 70.94.551 and 1997 c 250 s 6 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
department of general administration may coordinate an interagency
board for the purpose of developing policies or guidelines that promote
consistency among state agency commute trip reduction programs required
by RCW 70.94.527 and 70.94.531. The ((task force)) board shall include
representatives of the departments of transportation ((and)), ecology,
and community, trade, and economic development and such other
departments and interested groups as the director of the department 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 and guidelines shall be applicable to all state agencies
including but not limited to policies and guidelines 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 and guaranteed rides home. The ((plan)) policies and
guidelines 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.)) State agencies sharing a common location ((
(3)may)) in affected
urban growth areas where the total number of state employees is one
hundred or more shall, with assistance from the department of general
administration, 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)). The worksite shall be treated as specified in RCW
70.94.531 and 70.94.534.
(((4))) (3) 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)) department of general administration 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.)) (4) Each state agency implementing a commute trip reduction
plan shall report at least once per year to its agency director on the
performance of the agency's commute trip reduction program as part of
the agency's quality management, accountability, and performance system
as defined by RCW 43.17.385. The reports shall assess the performance
of the program, progress toward state goals established under RCW
70.94.537, and recommendations for improving the program.
(6)
(5) The department of general administration shall review the
agency performance reports defined in subsection (4) of this section
and submit ((an annual progress)) a biennial 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 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)) this
chapter to the governor and incorporate the report in the commute trip
reduction board report to the legislature as directed in RCW
70.94.537(6). The report shall include, but is not limited to, an
evaluation of the most recent measurement results, progress toward
state goals established under RCW 70.94.537, and recommendations for
improving the performance of state agency commute trip reduction
programs. The information shall be reported in a form established by
the commute trip reduction ((task force)) board.