SENATE BILL REPORT
ESSB 6566
As Passed Senate, February 11, 2006
Title: An act relating to commute trip reduction.
Brief Description: Revising commute trip reduction provisions.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators Eide, Esser, Swecker, Haugen, Prentice and McAuliffe; by request of Department of Transportation).
Brief History:
Committee Activity: Transportation: 1/17/06, 1/31/06 [DPS, DNP].
Passed Senate: 2/11/06, 44-0.
SENATE COMMITTEE ON TRANSPORTATION
Majority Report: That Substitute Senate Bill No. 6566 be substituted therefor, and the substitute bill do pass.Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Benson, Ranking Minority Member; Berkey, Eide, Esser, Mulliken, Oke, Sheldon, Spanel, Swecker and Weinstein.
Minority Report: Do not pass.Signed by Senators Benton and Finkbeiner.
Staff: Dory On (786-7321)
Background: In 1991, the Commute Trip Reduction (CTR) law was enacted as part of the
Washington Clean Air Act. The goals of the CTR program are to reduce air pollution, traffic
congestion, and fuel consumption through employer-based programs that decrease the number
of employees traveling by single-occupant vehicles to the work place.
Current law requires that counties with a population over 150,000, and each city or town within
those counties containing a major employer (100 or more full-time employees at a single worksite
who begin their scheduled work day between 6:00 A.M. and 9:00 A.M.) must adopt by ordinance
and implement a CTR plan. Other jurisdictions and employers may voluntarily comply with the
CTR laws. Ten counties are currently participating in the CTR program.
The CTR Task Force is comprised of 28 members, including employer, state agency, county, city,
transit, and citizen representatives. The Task Force is charged with developing implementation
guidelines for local jurisdictions, monitoring the programs, and providing clarification and
modification to the guidelines when needed. Additionally, the Task Force is charged with
evaluating the program and reporting any recommendations to the Legislature each biennium.
In November of 2005, the Task Force adopted a proposal that included recommendations to make
the CTR program more efficient and submitted request legislation to the Governor's office. The
Task Force sunsets on July 1, 2006.
Summary of Bill: The CTR task force is replaced with the CTR board. The board consists of
sixteen members, which include: (1) the Secretary of Transportation or designee; (2) a
representative from the Office of the Governor or designee; (3) the director or designee of one
of the following agencies, Department of General Administration, Department of Ecology, or
Department of Community, Trade, and Economic Development; (4) three representatives from
cities and towns or counties; (5) two representatives from transit agencies; (6) two representatives
from a participating Regional Transportation Planning Organization (RTPO); (7) four
representatives from employers or owners of major worksites in Washington; and (8) two citizens
appointed by the Governor. The CTR board must advise Washington State Department of
Transportation (WSDOT) in the adoption of the rules to govern the new program. The board is
provided with a number of duties including, but not limited to: creating a state CTR plan,
establishing statewide program goals, and establishing guidelines and deadlines for creating and
updating local CTR plans.
Each county containing an urban growth area, and each city within an urban growth area with a
state highway segment exceeding the 100 person hours-of-delay threshold calculated by the
WSDOT, as well as those counties and cities located in any contiguous urban growth areas, are
required to adopt a CTR plan and ordinance for major employers in the affected urban growth
area. Also, those jurisdictions located within a UGA with a population greater than seventy
thousand that adopted a commute trip reduction ordinance before 2000 must participate in the
program.
Affected urban growth areas that had not previously implemented a CTR plan are exempted from
the planning and ordinance requirements if the state has funded solutions to state highway
deficiencies to address the area's congestion.
Counties, cities, and towns that do not meet the above criteria may voluntarily participate in the
CTR program. State financial support for jurisdictions participating on a voluntary basis must
be limited to areas that meet criteria to be developed by the CTR Board.
Jurisdictions containing a major employment installation in a county with an affected growth area
are required to adopt a CTR plan and ordinance for major employers in the major employment
installation. The ordinance must provide an appeals process for major employers, who as a result
of special characteristics of their business or location would be unable to meet the requirements
of the ordinance.
RTPOs that contain an affected urban growth area are required to adopt a CTR plan for the region
consistent with rules and deadlines established by WSDOT. The minimum requirements for the
regional plan are provided. The plan must be developed in collaboration with all affected
jurisdictions and reviewed and approved by the CTR board. Regions without an approved plan
are not eligible for state CTR funds.
Counties, cities, and towns as part of the CTR plan may identify a current or new activity center
as a growth and transportation efficiency center and establish a transportation demand
management (TDM) program in the designated area. In order to be eligible for state funding,
designated growth and transportation efficiency centers must be certified to meet specified criteria
by the applicable RTPO. The content for TDM programs for a growth and transportation
efficiency center are defined. A jurisdiction that has established growth and transportation
efficiency centers must provide support for vehicle trip reduction activities, and adopt policies,
ordinances and funding strategies that will lead to attainment of program goals in the center.
State agencies that are co-located at a worksite in an affected urban growth area, and when
combined employ over 100 full time employees, must develop and implement a joint CTR
program. The worksite will be treated as a major employer worksite.
Not more than ninety days after the adoption of a jurisdiction's CTR plan, each major employer
in the jurisdiction must perform a baseline measurement consistent with rules adopted by
WSDOT. No more than ninety days after receiving the results of the baseline measurement, each
major employer must develop a CTR plan and submit it for review to the jurisdiction. Not more
than ninety days after being approved by the jurisdiction, the employer must implement the CTR
program.
Employers implementing CTR programs are required to make a good faith effort to achieve the
goals in the county CTR plan. Factors considered in determining whether a good faith effort has
been made are modified to include: (1) whether the employer has notified the jurisdiction of its
intent to substantially change its program and has either received approval of the jurisdiction to
do so, or has acknowledged that the program may not be approved without additional
modifications; and (2) the employer has provided adequate information and documentation of
implementation when requested by the jurisdiction. Jurisdictions are required to review an
employer's progress every two years instead of on an annual basis.
The CTR Board is required to determine the allocation of program funds made available. Various
legislative findings are made.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Testimony For: The purpose of this proposal is to make the program more efficient and effective by targeting our limited resources to the most congested areas and highways of the state. The legislation improves the integration of local CTR plans by providing a planning framework that includes RTPOs. The proposal will increase local flexibility so that we are not requiring a one-size fits all approach by setting the goals at the local and regional level instead of at the state level. The Growth and Transportation Efficiency Center approach will help optimize trips to busy and congested downtown centers.
Testimony Against: None.
Who Testified: PRO: Judy Giniger, CTR Task Force; Bill Roach, CTR Task Force; Peter
Hurley, CTR Task Force; Kim Becklund, CTR Task Force; Larry Walker, Washington Road
Rider Association.
House Amendment(s): CTR issues are subject to collective bargaining by state and private sector employees if such issues were previously mandatory subjects of collective bargaining. Preferential or reduced-cost parking for motorcycles is not specifically enumerated as among the measures that a major employer may implement to achieve CTR goals. The sunset date for the CTR Board is eliminated. The CTR Board reports to the Legislature and the Governor. A technical correction regarding the designation of urban growth areas is made. References to the Transportation Performance Audit Board are retained.