CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to Seattle’s Commute Trip Reduction (CTR) program; adopting an updated CTR Plan; updating references to state law; and amending Sections 25.02.020, 25.02.030, 25.02.040, 25.02.050, 25.02.090, and 25.02.100 of the Seattle Municipal Code.
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WHEREAS, the Washington State Clean Air Act, codified as chapter 70A.15 of the Revised Code of Washington (RCW), requires certain local governments in those counties experiencing the greatest automobile-related pollution and traffic congestion to adopt and implement Commute Trip Reduction (CTR) plans and ordinances to reduce single-occupancy vehicle trips; and
WHEREAS, The City of Seattle (“City”) recognizes the importance of increasing individual citizens’ awareness of air quality, energy consumption, traffic congestion, and the contribution that employers and individuals can make towards addressing these issues; and
WHEREAS, the City’s 2023 Climate Change Response Framework specifically calls for emissions-reduction strategies related to Seattle’s transportation system, many of which relate to shifting transportation modes away from single-occupancy vehicle trips; and
WHEREAS, the City’s 2024 Seattle Transportation Plan identifies reduction in vehicle-miles traveled (VMT) as a key performance measure and aims to reduce VMT of all Seattle area trips by 37 percent by 2044 while advancing mobility management strategies - such as CTR - to encourage walking, bike, and transit trips; and
WHEREAS, since the last CTR Strategic Plan update in 2019, Seattle has continued to see residential and job growth but limited new roadway capacity, making efficient travel choices like transit, walking and biking, carpooling, and vanpooling more crucial for efficient and equitable growth; and
WHEREAS, Seattle’s Center City area has seen significant growth and is a high-density neighborhood impacted by locally and regionally significant development and infrastructure projects, and thus is a designated Growth and Transportation Efficiency Center (GTEC) as defined by RCW 70A.15.4030; and
WHEREAS, the City’s nationally renowned CTR program is seen as a model for holistic, employer-government partnership on Transportation Demand Management (TDM) and requires programmatic updates in keeping with the City’s aspirational transportation policy goals; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The City of Seattle Commute Trip Reduction Four-Year Plan Update: 2025-2029 (“Plan”), attached to this ordinance as Attachment A, is adopted as the Commute Trip Reduction Plan for The City of Seattle.
Section 2. Section 25.02.020 of the Seattle Municipal Code, last amended by Ordinance 119056, is amended as follows:
25.02.020 Purpose((.))
The purpose of this ((chapter)) Chapter 25.02 is to implement ((the Washington State Clean Air Act, RCW 70.94.521 through 70.94.551)) RCW 70A.15.4000 through 70A.15.4110.
Section 3. Section 25.02.030 of the Seattle Municipal Code, last amended by Ordinance 125885, is amended as follows:
25.02.030 Definitions
The following definitions apply throughout this ((chapter)) Chapter 25.02:
A. "Affected employee" means a full-time employee who begins ((his or her)) the regular work day at an affected employer's worksite between ((six (6:00))) 6 a.m. and ((nine (9:00))) 9 a.m. (inclusive) on two (((2))) or more weekdays for at least ((twelve)) 12 continuous months, who is not an independent contractor, and who is scheduled to be employed on a continuous basis for ((fifty-two)) 52 weeks for an average of at least ((thirty-five)) 35 hours per week. “Affected employee” includes employees who telework full-time, part-time, or occasionally, unless the employee: lives more than 150 miles from the employer’s worksite; goes to that worksite once per year or less; and works from home or a site near home.
B. "Affected employer" means a private or public employer, including a government ((agencies)) agency, that employs ((one hundred ()) 100 (())) or more affected employees at a single worksite. ((This is equivalent to the term "major employer" used in RCW 70.94.521 through 70.94.551.))
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E. "CTR plan" means the City of Seattle ((2019-2023)) 2025-2029 Commute Trip Reduction ((Strategic)) Plan adopted by ordinance.
F. "CTR program" means the overarching program administered by the Department to implement ((chapter 70.94)) RCW 70A.15.4000 through 70A.15.4110, and it also means an affected employer's set of strategies to reduce affected employees' SOV use and VMT per employee.
G. "CTR program report" means a document((,)) approved by the Director ((pursuant to RCW 70.94.531 and Section 25.02.040, 25.02.055, or 25.02.065)), containing an employer's strategy to reduce affected employees' SOV use and VMT per employee.
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M. "Good faith effort" means that an employer has met ((the)) minimum compliance requirements ((identified in RCW 70.94.534(2))). Regardless of whether an employer has met its SOV or VMT goals, the Director shall consider the employer to be making a good faith effort if it complies with ((RCW 70.94.534(2))) state law and works collaboratively with the City, in accordance with the requirements of this Chapter 25.02, to: (1) continue its existing CTR program; or (2) develop and implement an initial or revised CTR program consistent with the requirements of this Chapter 25.02.
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S. “Transportation demand management” means programs and policies to reduce congestion and greenhouse gas emissions by reducing reliance on single occupancy vehicles and supporting transit, ridesharing, active transportation, shared or micromobility, and alternative work schedules.
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Section 4. Section 25.02.040 of the Seattle Municipal Code, last amended by Ordinance 125885, is amended as follows:
25.02.040 Employer's baseline measurement and initial commute trip reduction program
A. Baseline measurement. An affected employer shall complete a baseline survey of employee commuting patterns in accordance with the requirements of this subsection 25.02.040.A.
1. ((Preparation deadline a. After becoming an affected employer, an)) An affected employer that has not adopted an approved CTR program shall conduct its baseline measurements within 90 days after the Department confirms that the employer is affected.
((b.)) 2. An affected employer may request an extension of up to 180 days. The Director shall grant all or part of the extension request or shall deny the request within ten days of receipt of a written request for extension. If the Director fails to respond within ten days, the extension is automatically granted for 30 calendar days.
((2. Contents of Baseline Measurement.)) 3. An affected employer's baseline measurement shall consist of survey data of affected employee commuting patterns, which shall be the primary source of data for measuring CTR program performance and will be used in developing the employer's CTR program. The survey methodology used by the affected employer, including but not limited to sample size and response rates, shall conform to the guidelines and methodology approved by the Washington State Department of Transportation ((pursuant to RCW 70.94.537(2)(b) and Chapter 468-63 of the Washington Administrative Code)). The Director will provide sample surveys for affected employers to use and will work collaboratively with affected employers to complete and process the surveys.
B. Initial CTR program report submittal
1. Timing of CTR program report submittal. An affected employer shall submit its initial CTR program report to the Director for review no later than 90 days after completing its baseline measurement pursuant to subsection 25.02.040.A.
2. Extension. An affected employer may request an extension of up to 90 days for submitting its initial CTR program report. The Director shall grant all or part of the extension request or shall deny the request within ten days of receipt of the written request. If the Director fails to respond within ten days, the extension is automatically granted for 30 calendar days. An extension will not excuse affected employers from developing a commute trip reduction program and submitting a program report to the Director for review not more than 90 days after the affected employer receives the results of the baseline measurement.
3. If the Director rejects an affected employer's initial CTR program report, the affected employer shall make the changes required by a Director's decision made pursuant to this Section 25.02.040 and resubmit its initial CTR program report within 30 days after receiving the Director's decision.
C. ((CTR program report content. Each employer CTR program report shall include the following: 1. Worksite Characteristics.)) A CTR program report shall include a description of worksite characteristics, including the total number of employees and number of affected employees at the worksite, transportation characteristics and surrounding services, and any unique conditions that may affect employee commute choices.
((2. Implementation of mandatory CTR program elements.)) D. An affected employer's CTR program shall address the following strategic areas known to influence travel behavior and thus demonstrate a program likely to achieve the commute trip reduction goals applicable to the affected employer under the City's CTR plan. Each affected employer must select at least two strategies from each category set out ((below)) in this subsection 25.02.040.D unless an affected employer has obtained an exemption by the Director under Section 25.02.070:
((a.)) 1. Category A, employee information and amenities: Implement strategies to ensure employees are well informed and that facilities and programs support non-drive-alone commutes. This may include provision of:
((1))) a. Real time transportation information such as transit schedules and shared transportation information in a prominent space to ensure both employees and visitors are aware of their travel options to and from the site.
((2))) b. "Flexwork": Create policies to allow and/or encourage alternative work schedules and telework for employees with suitable positions. This may include:
((a))) 1) A policy allowing employees to work intermittently, part-time, or full-time at home or at a satellite center.
((b))) 2) Alternative work schedules such as a compressed workweek allowing 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. Examples include 9/80, 4/40, or 3/36 schedules.
((c))) 3) Flexible scheduling to shift commute trips by employees outside of the period between 6 a.m. and 9 a.m.
((3))) c. Employee shuttles. This may be a circulator between employer locations, between park-and-ride facilities or transit hubs, or over a longer distance to provide a route for which there is no public transit alternative or capacity and along which there is a density of potential users.
((4))) d. Guaranteed ride home for employees who do not drive, whether via an area-wide program, company vehicle provision, emergency guaranteed ride, rental car guaranteed trip, or taxicab or TNC guaranteed trip.
((5))) e. Rideshare matching to connect employees and promote carpooling and vanpooling.
((6))) f. Bicycle parking facilities and other active commute facilities including but not limited to lockers, changing areas, electric bicycle charging infrastructure, and showers for employees who walk or bicycle to work.
((b.)) 2. Category B, subsidies and modal support: Implement programs to ensure that non-drive-alone commutes are preferable options. This may include:
((1))) a. Subsidies for transit fares, such as ORCA business products.
((2))) b. Subsidy for carpool and vanpool participation.
((3))) c. Provision of employer vans or third-party vans for vanpooling.
((4))) d. Pre-tax transportation benefits allowing employees to use pre-tax pay for transit passes, bicycle share (or other emerging forms of micro-mobility) payments or passes, or vanpool use.
e. Provision of employee financial assistance or company-owned assets at hire for a hybrid or remote office setup (e.g., employer-paid home office internet or employer-paid office home office furniture).
f. Subsidies for scooter share, bike share, or other shared mobility employee memberships.
((c.)) 3. Category C, parking management: If parking is utilized at the site, implement strategies to appropriately price parking, and/or reserve parking space specifically for sustainable uses (e.g., secure bicycle parking). These include:
((1))) a. Institute or increase parking charges for SOVs. Omit any parking subsidy from employee benefits package and use onboarding processes and regular information sharing to discourage driving to and parking at an employment site; this strategy must apply to at least 90 percent of affected employees to count toward a compliance strategy.
((2))) b. Provide parking at a daily market rate only rather than a monthly or other subsidized rate.
((3))) c. Preferential parking and/or reduced parking charges for high-occupancy vehicles, bicycles, and other forms of emerging micro-mobility.
((4))) d. A parking cash out program, providing payment for employees who do not use the parking facilities.
((5))) e. Provide parking space for carshare vehicles or company-owned cars for employee use.
((3. Other measures.)) E. An affected employer may propose and implement other measures designed and demonstrated to facilitate the use of non-SOV commute modes or to reduce vehicle miles traveled, as agreed upon between the Director and the affected employer.
((4. CTR Implementation Plan.)) F. An affected employer's CTR program shall meet the requirements of subsection ((25.02.040.C.2)) 25.02.040.D and provide for:
((a.)) 1. Distribution of selected CTR program elements to affected employees at least twice a year and to each new affected employee when the new affected employee begins employment. Employers are additionally expected to include information and recommendations (but not requirements) on CTR program options, with or without financial incentives, for any independent contractors who report for a regular work day at an affected employer's worksite between 6 a.m. and 9 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months, and who are to work at that site on a continuous basis for 52 or more weeks for an average of at least 35 hours per week.
((b.)) 2. Designation of an employee transportation coordinator to administer the CTR program and to act as a liaison to the Director for one or more worksites of an affected employer. The coordinator's and/or designee's name, location, and telephone number must be displayed prominently at each worksite. The coordinator (or the coordinator's designee) shall participate in at least four events (such as trainings, meetings, etc.) offered through the Department's CTR program annually.
((c.)) 3. Appropriate resources to carry out the CTR program.
((d.)) 4. Retention of all records related to the affected employer's CTR compliance for at least 24 months.
((D.)) G. Initial CTR program review and approval
1. ((Director's decision a.)) Within 90 days of the date an affected employer submits its initial CTR program report, the Director shall provide a written decision approving or rejecting the program report based on the standards in ((this)) subsection ((25.02.040.D)) 25.02.040.G.2 and email a copy of the decision to the affected employer. ((b.)) If the Director approves an affected employer's initial CTR program, the Director's decision shall establish a date by which the affected employer is required to submit subsequent regular program reports pursuant to Section 25.02.050. The regular program reporting date shall be no sooner than one year and 90 days from the date of the Director's decision approving the initial CTR program. ((c.)) If the Director rejects an employer's initial CTR program, the Director's decision shall explain the reasons for the rejection and set forth changes that are required to obtain approval.
2. ((Review standards.)) An affected employer's CTR program shall be approved if the program: ((a. Satisfies)) satisfies the minimum requirements of this Chapter 25.02; and ((b. Is)) is likely to achieve the commute trip reduction goals applicable to the affected employer under the City's CTR plan.
((E. Initial CTR program implementation.)) H. An affected employer shall begin implementing its approved CTR program no later than 90 days after the program is approved pursuant to subsection 25.02.040.D.
((F. CTR Program Amendment.)) I. An affected employer may not alter or amend its approved CTR program without the approval of the Director.
Section 5. Section 25.02.050 of the Seattle Municipal Code, last amended by Ordinance 125885, is amended as follows:
25.02.050 Regular program reports and biennial surveys
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B. Biennial survey of employees' commuting behavior
1. At two-year intervals, an affected employer shall measure employee commuting behavior at the affected employer's worksite consistent with the guidelines and methodology approved by the Washington State Department of Transportation ((as required by RCW 70.94.537(2)(b) and Chapter 468-63 of the Washington Administrative Code)), and in alignment with any guidance for local implementation made by the Department with the approval of the Director.
2. The most recent survey data will be the primary source of data for measuring an affected employer's progress towards meeting CTR plan goals and determining an employer's compliance with the requirements of this Chapter 25.02.
Section 6. Section 25.02.090 of the Seattle Municipal Code, last amended by Ordinance 125885, is amended as follows:
25.02.090 Violation - Penalties
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B. Violations
1. Violations subject to civil penalties include:
a. Failure to comply with the requirements of: Section 25.02.040 for initial CTR programs; the requirements of Section 25.02.050 for CTR program reports((,)) ; or the requirements of Section 25.02.055 for revised CTR programs.
b. Failure to make a good faith effort ((as defined in RCW 70.94.534(2) and this Chapter 25.02)).
2. Violations not subject to civil penalties include:
a. Violations resulting from an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by an employer and pursued in good faith. A unionized employer shall be presumed to act in good faith if it:
1) Proposes 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
2) Advises the union that compliance with the CTR program approved by the City is required by ((the Washington Clean Air Act (RCW 70.94.521 through 70.94.555))) RCW 70A.15.4000 through 70A.15.4110 and advises the union that the proposal being made is necessary for compliance with the CTR program.
b. Failure to achieve SOV or VMT reduction goals so long as an affected employer is working in good faith to meet such goals.
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Section 7. Section 25.02.100 of the Seattle Municipal Code, last amended by Ordinance 122825, is amended as follows:
25.02.100 Administration and implementation((.))
A. ((Responsible Agency.)) The Department is authorized to administer and implement this ((chapter)) Chapter 25.02.
B. The Director of the Department is authorized to:
1. Promulgate administrative rules to implement this ((chapter)) Chapter 25.02 and to implement the guidelines developed by the ((Washington CTR Board pursuant to RCW 70.94.537)) State Commute Trip Reduction Board.
2. Develop and recommend to the City Council proposed amendments to the City's CTR plan.
3. Coordinate with other jurisdictions required to adopt commute trip reduction plans to improve statewide consistency in ((the)) their development and implementation ((of CTR plans)).
4. Provide technical assistance to affected employers within the City of Seattle to assist them in complying with the requirements of this ((chapter)) Chapter 25.02 and to further their SOV and VMT reduction goals.
5. Implement a CTR ((plan)) program for City of Seattle employees.
6. Provide information on the ((City of Seattle)) CTR ((Plan)) plan, in addition to reports and other required information, to the ((state CTR board)) State Commute Trip Reduction Board.
7. Carry out all functions authorized by this ((chapter)) Chapter 25.02, including but not limited to reviewing affected employer CTR programs and reports and enforcing the requirements of this ((chapter)) Chapter 25.02.
Section 8. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.
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President ____________ of the City Council
Approved / returned unsigned / vetoed this ____day of _______________, 2025.
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
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Scheereen Dedman, City Clerk
(Seal)
Attachments:
Attachment A - City of Seattle Commute Trip Reduction Four-Year Plan Update: 2025-2029