22.88.110 Enforcement.
A. Compliance. For purposes of this section, “compliance” shall mean fully implementing in good faith all provisions in an approved CTR program.
B. Program Modification Criteria. The following criteria for achieving goals and targets for non-drive-alone trips and greenhouse gas emissions per employee shall be applied in determining requirements for employer CTR program modifications:
1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program;
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable targets, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement;
3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable targets, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this chapter are not met:
1. Failure to perform a baseline measurement within ninety days of written notification from the city that an employer qualifies as a major employer, including:
a. Employers notified or that have identified themselves to the city within ninety days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within ninety days from the notification or self-identification;
b. Employers not identified or self-identified within ninety days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within ninety days from the adoption of the ordinance codified by this chapter;
c. A new major employer that does not perform baseline data collection consistent with the requirements specified by the city within ninety days of identification as a major employer;
2. Failure to develop and/or submit on time a complete CTR program;
3. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed the goals and targets as specified in this chapter;
4. Submission of false or fraudulent data in response to survey and data collection requirements;
5. Failure to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter; or
6. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
D. Penalties.
1. No major employer or voluntary worksite with an approved CTR program that has made a good faith effort may be held liable for failure to reach the applicable goals and targets;
2. A major employer shall not be liable for civil penalties if failure to implement an element of a CTR program 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. Unionized employers shall be presumed to act in good faith compliance if they:
a. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531);
3. Compliance with the requirements of this code is mandatory. The penalties and remedies for civil infractions established in MMC 1.04.050 and Chapter 7.80 RCW shall apply to any violation of this code. The enforcement actions authorized under this code shall be supplemental to such penalties and remedies. (Ord. 005/2019 § 10 (Exh. B))