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Ordinance No. 2025-11 Relating to the CTR Program HB 41025 (Approved 061025)ORDINANCE NO. 2025-11 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the City Commute Trip Reduction (CTR) Program; amending Sections 2.70 and 10.24 of the Bainbridge Island Municipal Code to align with the updated four-year CTR Plan developed by Kitsap Transit in 2024. WHEREAS, the Washington State’s Commute Trip Reduction (CTR) Law was first passed by the State Legislature in 1991 with goals to improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to driving alone; and WHEREAS, Kitsap Transit is the CTR implementer for all affected workplaces in Kitsap County and works with the City and its major employers to develop and periodically update a four-year CTR implementation plan; and WHEREAS, the City recognizes the importance of increasing employers’, employees’, and individual citizens’ awareness of air quality, energy consumption, and traffic congestion, and the contribution that individual actions can make toward addressing these issues; and WHEREAS, 8% of all City greenhouse gas emissions come from City employee commutes and 13% of Island-wide greenhouse gas emissions come from on-road vehicle travel and the 2020 Climate Action Plan establishes a goal of 90% reduction of transportation-related emissions on the Island by 2045. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 2.70.010 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 2.70.010 Incentives. The city will provide a the following monetary incentive to encourage commute trip reduction according to the following sections: A. A monthly monetary incentive to all full-time city employees who rideshare through utilization of commute using one of the alternatives to the use of a single occupancy vehicle as described in BIMC 2.70.020. for 60 percent or more of their shifts worked per month. Incentive values and eligibility are set forth in Employee Handbook. For the purpose of this program, full- time employees are those employees who work more than 20 hours per week. B. $20.00 monthly to A monthly monetary incentive to part-time workers who rideshare through utilization of commute using one of the alternatives to the use of a single occupancy vehicle as described in BIMC 2.70.020 for 60 percent or more of their shifts worked per month. Incentive values and eligibility are set forth in Employee Handbook. Part-time employees are those who work 20 or fewer hours per week. C. Rideshare Commute trip reduction incentives will be paid on a quarterly basis by the city following the end of the quarter. (Ord. 2000-08 § 1, 2000) Section 2. Section 2.70.020 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 2.70.020 Program participation. All city employees, except temporary and seasonal, are eligible to participate in this program. The program options are as follows: A. Car Pool. 1. Two or more city employees who commute together. 60 percent or more of their shifts commuting days worked per month. 2. A city employee who commutes with a noncity employee. 60 percent or more of their shifts commuting days worked per month. B. Transit. Any city employee who rides the bus public transit, including but not limited to bus, light rail, or ferry, 60 percent or more of their commuting days shifts worked per month. C. Van Pool. Any city employee who participates in a transit agency sponsored (i.e. Kitsap Transit, King County Metro) Kitsap Transit van pool. for 60 percent or more of their commuting days shifts worked per month. D. Other. Walking, running, biking, motorcycle commute, and drop-offs. and bicycles qualify under 60 percent or more participation options. E. Any combination of the above options. F.E. Program Restrictions. 1. Unless you presently (or will in the future) walk from your home to your worksite, or unless you are part of a car pool, van pool, or other city-approved commuter method which requires that you drive to work, program participants may park no closer than one mile (except in a parking area approved for this purpose) to their worksites. In other words, program participants will not be allowed to drive alone in their cars part way to work, park within a few blocks of their worksite, and then walk the short distance to work in order to qualify for the incentive payment. This would not be consistent with the purposes of the program. 2. Program participants will not be allowed to rideshare exclusively with city employees who normally walk from their home to their worksite. In other words, a participant cannot make arrangements to pick up or drop off a city employee who normally walks to work in order to qualify for the incentives payment. (Ord. 2000-08 § 1, 2000) Section 3. Section 10.24.020 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 10.24.020 Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: A. “Affected employee” means a full-time employee who begins a regular workday at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. B. “Affected employer” means an employer that employs 100 or more full-time employees at a single worksite covered by the commute trip reduction plan who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (See also definition of “employer.”) C. “Alternative mode” means any method of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting, and compressed work week schedules if they result in reducing commute trips. D. “Alternative work schedules” means programs such as compressed work week schedules that eliminate work trips for affected employees. E. “Base year” means baseline value that performance targets are measured against. For the 2025 4-year CTR plan update, the 2023-2025 survey results will be used to evaluate progress towards CTR goals. the 12-month period from January 1, 2007, through December 31, 2007, which commences when a major employer is determined by Kitsap Transit to be participating within the CTR program. Kitsap Transit uses this 12-month period as the basis upon which it develops commute trip reduction goals. F. “Base year survey” or “baseline measurement” means the survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the city. G. “Carpool” means any motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. H. “Commute trips” means trips made from a worker’s home to a worksite on weekdays. I. “CTR” is the abbreviation of commute trip reduction. J. “Commute trip reduction (CTR) plan” means the city’s plan that is designed to achieve reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per affected employees of affected employers within the city. K. “Commute trip reduction (CTR) program” means an employer’s strategies to reduce employees’ drive-alone commute trips and average vehicle miles traveled per employee. L. “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. M. “Commuter ride matching service” means a system that assists in matching commuters for the purpose of commuting together. N. “Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi- weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. O. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work. P. Repealed by Ord. 2003-22. Q. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip. R. “Drive-alone” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. S. “Drive-alone trips” means commute trips made by employees in single-occupant vehicles. T. “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program. U. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers. V. “Exemption” means a waiver from any or all CTR program requirements granted to an employer by Kitsap Transit based on unique conditions that apply to the employer or employment site. W. “Flex-time” is an employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time, but not the number of their working hours. X. “Full-time employee” means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week. Y. “Good faith effort” means that an employer has met the following conditions: 1. The employer has met the minimum requirements identified in RCW 70.94.531 and this chapter; and 2. The employer is working collaboratively with Kitsap Transit to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time. Z. Repealed by Ord. 2003-22. AA. “Implementation” or “implement” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to its approved CTR program and schedule. BB. “A major employer” means a private or public employer, including state agencies, that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12 continuous months. CC. “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the local jurisdiction. DD. “Major employment installation” means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the city, at which there are 100 or more affected employees. EE. “Mode” refers to the means of transportation used by employees, such as single- occupant vehicle, carpool, vanpool, transit, ferry, bicycle, walking, compressed work week schedule and telecommuting. FF. “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday, in which case the notice is deemed accepted the day after the weekend or legal holiday. GG. “Presiding officer” means a person or persons designated by Kitsap Transit to hear and determine a contested notice of civil infraction. HH. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. II. “Peak period trip” means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. JJ. “Proportion of drive-alone trips” or “drive-alone rate” means the number of commute trips over a set period made by employees in single-occupancy vehicles (SOVs) divided by the number of potential trips taken by employees working during that period. KK. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. LL. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. MM. “Teleworking” or “telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a location closer to home than the employer’s worksite, reducing the distance traveled in a commute trip by at least half. NN. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, worker/driver bus, or vanpool. OO. “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. PP. “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. QQ. “Vanpool” means a vehicle occupied by five to 15 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip. RR. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period, divided by the number of employees during that period. SS. “Week” means a seven-day calendar period, starting on Monday and ending on Sunday. TT. “Weekday” means any day of the week, except Saturday or Sunday. UU. “Writing,” “written,” or “in writing” means original, signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed via mail or delivery of the original signed and dated document. (Ord. 2009-16 § 1, 2009: Ord. 2003-22 § 11, 2003; Ord. 99-33 § 1, 1999: Ord. 93-09 § 2, 1993) Section 4. Section 10.24.030 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 10.24.030 City CTR plan. The goals established for the jurisdiction and affected employers in the city’s 2009 2025 commute trip reduction plan, which is on file with the city clerk’s office, are wholly incorporated herein by reference. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 3, 1993) Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect and be in force five (5) days from its passage and publication as required by law. PASSED by the City Council this 10th day of June, 2025. APPROVED by the Mayor this 10th day of June, 2025. Ashley Mathews, Mayor ATTEST/AUTHENTICATE: Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: April 18, 2025 PASSED BY THE CITY COUNCIL: June 10, 2025 PUBLISHED: June 18, 2025 EFFECTIVE DATE: June 22, 2025 ORDINANCE NUMBER: 2025-11