HomeMy WebLinkAbout2765 1 RESOLUTION NO. 2 7 6 5 CAI
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
4 BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR THE PURPOSE OF
CARRYING OUT CERTAIN PROVISIONS OF THE COMMUTE TRIP REDUCTION
5 ACT OF 1991
6
7 WHEREAS, the Washington State Legislature enacted the
8 Commute Trip Reduction Act (Chapter 202 , Laws of 1991,
9 codified as RCW 70 94 521-551) to require local governments in
10 those counties experiencing the greatest automobile-related
11 air pollution and traffic congestion to develop and implement
12 plans to reduce vehicle miles traveled per employee single-
13 occupant vehicle commute trips; and
14 WHEREAS, the City has within its boundaries one or more
15 "major employers" and is required by RCW 70 94 527 to develop
16 and implement a commute trip reduction plan; and
17 WHEREAS, the parties hereto are authorized to enter into
18 an Agreement pursuant to RCW 70 94 527 (6) and Chapter 39 34
19 RCW -- the Interlocal Cooperation Act ; and
20 WHEREAS, the Legislature appropriated funds to provide
21 technical assistance funding to local jurisdictions required
22 to develop and implement commute trip reduction plans; and
23 pursuant to RCW 70 94 544 , the Washington State Energy Office
24 shall distribute these funds to counties, which shall in turn
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26
Resolution No 2765
July 17, 1996
Page 1
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distribute funds to those cities within the county in
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proportion to the number of major employers and major
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worksites within each city
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NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS
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Section 1. The City of Auburn is hereby authorized to
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execute an Interlocal Agreement with King County for the
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purpose of carrying out RCW 70 94 521- 551, commonly known as
9
the Commute Trip Reduction Act of 1991, which is attached
10
hereto as Exhibit "A" and incorporated herein
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Section 2 . The Mayor is hereby authorized to implement
12
such administrative procedures as may be necessary to carry
13
out the directives of this legislation
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15 DATED and SIGNED this 5th day of August, 1996
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17 CITY OF AUBURN
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21 M A Y O R
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Resolution No 2765
July 17, 1996
Page 2
1 ATTEST
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Robin Wohlhueter
5 City Clerk
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9 APPROVED AS TO FORM
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12
Michael J Reynolds,
13 City Attorney
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Resolution No 2765
July 17, 1996
Page 3
ORIGINAL
COMMUTE TRIP REDUCTION ACT INTERLOCAL AGREEMENT
An interlocal agreement between King County (the "County") and the
City of Auburn ("City") for the purpose of carrying out RCW
70.94.521-.551, commonly known as the Commute Trip Reduction Act
of 1991
WHEREAS, the Legislature enacted RCW 70.94.521-.551, commonly known as the
Commute Trip Reduction Act, to require local governments in those counties experiencing the
greatest automobile-related air pollution and traffic congestion to develop and Implement plans to
reduce single-occupant vehicle commute trips; and
WHEREAS, King County and the cities within King County having within their boundaries
one or more "major employers" as defined by RCW 70.94.524(1) are required to develop and
Implement commute trip reduction plans; and
WHEREAS, the local jurisdiction commute trip reduction plans are required to be
coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans; and
WHEREAS, the Legislature appropriated funds to provide technical assistance funding to
local jurisdictions required to develop and implement commute trip reduction plans; and pursuant to
RCW 70.94.544, the Washington State Energy Office shall distribute these funds to counties, which
shall m turn distribute funds to those cities within the county in proportion to the number of major
employers and major worksites within each city; and
WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCW
70.94.527(6) and Chapter 39.34 RCW--the Interlocal Cooperation Act;
NOW, THEREFORE, m consideration of the mutual promises and covenants herein, it is
hereby agreed:
SECTION 1.0 PURPOSES
The purposes of this Agreement are: (1) To allocate to the City its proportionate share of the State
technical assistance funding for implementing a commute trip reduction plan and (2) to continue a
cooperative approach between the City and the County in order to address intequrisdictional issues
and to meet the statutory requirements for coordination and consistency among the jurisdictions'
respective commute trip reduction plans.
1
August 5, 1996-City of Auburn
Exhibit A Resolution No 2765
employers in developing CTR programs; (2) review and approve CTR programs, annual
reports, requests for exemptions, modifications or other actions submitted by employers; and
(3) establish and maintain records and produce required reports.
3.3 Evaluation and Monitoring: The City and the County shall cooperate with and freely
participate in any monitoring or evaluation activities conducted by the State that are pertinent
to and consistent with the intent of the Commute Tnp Reduction Act. The State shall be
solely responsible for determining satisfactory performance of the Statement of Work by the
City The County's role m monitoring and/or evaluating the City is limited to its functions as
the State's fiscal agent in disbursing the CTR Funds, pursuant to Section 4 of this Agreement,
and as the State's liaison with the City
3.4 Administrative Representatives: Immediately following their execution of this Agreement,
the County and the City shall each designate one person to be the central administrative
contact for matters pertaining to this Agreement, and shall make such designation, as well as
any subsequent changes in such designation, known to each other in writing, immediately
after such designation.
3.5 King County CTR Coordinating Committee: The County shall establish and provide
administrative support to a CTR Coordinating Committee—a staff-level committee with
representatives from Metro, the Puget Sound Regional Council, and each city in King County
required to develop a CTR Plan. Each entity will name its representative to the committee in
its own manner The purposes of the committee shall be to (I) provide a forum for efforts to
coordinate the development of the CTR Plans, (2) address issues and share conformation
related to implementation of the CTR Plans, and (3) address other transportation demand
management matters as agreed to by the committee.
SECTION 4.0 DISBURSEMENT OF CTR FUNDS.
4.1 Amounts. The total amount of C 1R Funds to be paid to the City for the Agreement period
shall be based on the method described in Exhibit B Methodology for Allocating CTR
Funds, which by reference is made a part of this Agreement.
4.2 Disbursement of Funds. The County shall invoice the State for the countywide
disbursement of CTR Funds in a timely manner consistent with the County's agreement with
the State. The County shall provide the City with instructions for the submittal of invoices
and quarterly progress reports consistent with the requirements imposed on the County by
the State. Within twenty (20) days after receiving an invoice voucher from the City, the
County shall remit to the City a warrant for an amount equal to one quarter (to the nearest
dollar) of the City's total allotment for the allocation period, PROVIDED THAT the State
has made a timely disbursement of CTR Funds to the County In the event the State does not
make a timely disbursement of funds, the County will notify the other Party of the delay, and
shall make such disbursement immediately after receiving CTR Funds from the State. The
3 August 5, 1996-City of Auburn
Exhibit A Resolution No 2765
z ,;
of race, religion, color, sex, marital status, creed, national origin, age, Vietnam era/disabled
veterans status, or the presence of any sensory, mental, or physical disability This provision
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training.
8.2 Americans with Disabilities Act (ADA) of 1990, Public law 101-336 The City must
comply with the ADA, which provides comprehensive civil rights protection to individuals
with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
SECTION 9.0 WAIVER OF DEFAULT Waiver or any default shall not be deemed to be a
waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such in writing, signed by an
authorized representative of the entity making such waiver
SECTION 10.0 SEVERABILITY In the event any term or condition of the Agreement or
application thereof to any person or circumstances is held invalid, such invalidity shall not affect other
terms, condition or application. To this end the terms and conditions of this agreement are declared
severable.
SECTION 11.0 INDEMNIFICATION AND HOLD HARMLESS.
11 1 No Joint Venture; Indemnification. It is understood and agreed that this agreement is
solely for the benefit of the Parties hereto and gives no nght to any other entity No joint
venture or partnership is formed as a result of this Agreement. Each Party hereto agrees to
be responsible and assumes liability for its own negligent acts or omissions, and those of its
officers, agents, or employees while performing work pursuant to this Agreement, to the
fullest extent required by law, and agrees to save, indemnify, defend, and hold the other Party
harmless from any such liability In the case of negligence of both Parties, any damages
allowed shall be assessed in proportion to the percentage of negligence attributable to each
Party, and each Party shall have the right to seek contribution from the other Party in
proportion to the percentage of negligence attributable to the other Party
11.2 Scope of Indemnification; State's Nonliability to Subcontractors: This indemnification
clause shall also apply to any and all causes of action ansmg out of performance of work
activities under this Agreement. Each contract for services or activities utilizing finds
provided in whole or in part by this Agreement shall include a provision that the State is not
liable for damage or claims from damages arising from any subcontractor's performance or
activities under the contract.
5 August 5, 1996-City of Auburn
Exhibit A Resolution No 2765
enters into an Agreement with the County shall be allocated CTR Funds beginning with the
next annual allocation period provided for in Section 4.1 of this Agreement.
13.2 Change in Status. If the City finds it is no longer affected by Chapter 70.94 RCW and is
therefore no longer required to implement a CTR plan, it may continue to be a Party to this
Agreement for purposes of participating in the CTR Coordinating Committee for information
sharing, but shall not receive CTR Funds effective with the quarter following the change in
status.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by having their
authorized representatives affix their signatures below
Approved as to form: THE CITY OF /
Bytkri
'"kt-LX By QGeu s
-Assistant-City Attorney Diwctor of Engineering 1VVMl
Date: aa.fild / :6.=,
A roved as to form: QTY
By ��
c � Y/AJL /)
uty Prosecuting Attorney King County Executive
Date:
S Ir
EXHIBIT A. Statement of Work
EXHIBIT B Methodology for Allocating Funds
EXHIBIT C. Format for Agreement to Extend and/or Modify the CTR ILA
August 5, 1996-City of Auburn
Exhibit A Resolution No. 2765
rsa 'yl
CITY TASKS.
1 0 General Tasks:
1.1 Maintain and administer a CTR ordinance and plan for affected employers in the
incorporated area of the CITY according to the provisions of RCW 70.94.521-551
1.2 The CITY will provide WSEO with a public hearing notice and copies of any
proposed amendments to their CTR ordinance, plan, or administrative guidelines
within the first week of the public review period, and final copies of such action
within one(1) month of adoption.
1.3 Review the CITY's parking policies and ordinances as they relate to affected
employers and affected worksites and any revisions necessary to promote the intent
of the CTR Law, ordinance, and plan. Provide a written summary of the CITY's
parking review process to WSEO by thirty days after June 30, 1996.
1 4 Provide WSEO with a public hearing notice and copies of all proposed changes in
CTR zone boundaries, values of the proportion of single-occupant vehicle commute
trips and commute trip vehicle miles traveled per employee that occur in the
incorporated CITY within the first week of the public review period and final copies
of such action within one(1) month of adoption.
1.5 Provide WSEO with a list of affected employer worksites as defined by the CTR
Guidelines m the incorporated CITY with the number of affected employees, as
defined by the CTR Guidelines, at each worksite by no later than thirty (30) days
following the end of each quarter
1 6 Maintain an appeals process whereby employers in the incorporated CITY may apply
for a waiver or modification of the CTR requirements if they would be unable to meet
the requirements of a CTR plan or ordinance as a result of special characteristics of
their business or location.
1.7 Submit each quarter all waivers or modifications from CTR requirements granted by
the CITY or its designee, or an appeals board, to employers, to the State CTR Task
Force for review and comment (RCW 70.94.527(9)).
2.0 Surveying: Provide WSEO or its designee any updated or new employer,jurisdiction, zone,
or CITY CTR survey database information. CTR survey database information must be submitted in
WSEO-specified format at least two weeks prior to submitting survey forms for processing.
9 August 5, 1996-City of Auburn
Exhibit A Resolution No. 2765
i-,
inability of the Parties hereto to reach agreement with respect to such Memorandum of
Understanding nor the City's failure to perform any of the tasks and activities specified in such
Memorandum of Understanding shall constitute a default or breach of this Interlocal
Agreement.
COUNTY TASKS:
1 0 Distribution of Funds: King County, acting as a fiscal agent for the State, will coordinate and
administer within King County the distribution of State CTR Funds available to local
governments within the County Pursuant to this interlocal agreement, King County will
provide funds to cities within the county that are developing and implementing commute trip
reduction plans. Funds provided under this agreement are to be used solely for activities
undertaken to fulfill the requirements of the CTR Act, codified as RCW 70.94.521, et seq.
King County will distribute funds to local jurisdictions within the county implementing CTR
plans and ordinances as required by RCW 70.94.544 as provided by Section 4.2 and Exhibit B
to this AGREEMENT
2.0 Liaison.
2.1 Serve as a liaison between WSEO and cities, towns, transit agencies, and regional
transportation planning organizations for the purposes of RCW 70.94.521-551
2.2 Distribute the WSEO-provided State Program Description & Employer Annual
Report Form to local junsdictions within the county implementing CTR plans and
ordinances, as requested.
11 August 5, 1996-City of Auburn
Exhibit A Resolution No 2765
1
EXHIBIT C. FORMAT FOR AGREEMENT TO EXTEND AND/OR MODIFY THE CTR
1NTERLOCAL AGREEMENT
This general format shall be followed to cony out the provisions of Section 122 to extend the
agreement and Section 12.3 to modify the agreement.
The Honorable
Mayor
City of
Address
RE. Renewal/Modification of Commute Trip Reduction Act Interlocal Agreement
Dear Mayor
The Commute Trip Reduction Act (CTR) Interlocal Agreement (ILA), which allocates State CTR
funds to local CTR jurisdictions and describes required implementation activities, provides in
.(select one of the following paragraphs or combine as appropriate)
Section 12.2 that the ILA shall "automatically expire on June 30 of odd-numbered years
unless the Parties to the Agreement initiate action to extend the Agreement for a two (2)year
period." I propose that the Agreement be extended for a two year period beginning June 30,
with modifications to Exhibit A. Statement of Work as attached.
Section 12.3 that the ILA "may be amended, altered, or extended only by written
agreement of the County Executive and authorized representative of the City " I propose that
the ILA be amended as follows (or, as in Attachment A).
Please indicate your concurrence with this proposal by signing where indicated below and returning
this to me.
Sincerely,
Name
King County Executive
I concur with the proposed action.
Mayor, City of
Date
13 August 5, 1996-City of Auburn
Exhibit A Resolution No 2765
rE
CHARLES A. BOOTH:MAYOR r �:;4:11E 4dy�
Rubin Wohlhueter,City Clerk C ¢� ;e '�'t ' `:},+�ulx il. AUBURN CITY CLERK
Dam Daskam. Deputy City Clerk X x L ?5 West Main, Auburn,WA 98001
Tama: Bothell. Records/License Clerk - - S$� h';tT City Clerk.(206)931 3039
I , /Business Registration (206)931 3007 Fax.(206)931 3053
fishy
August 19, 1996
Ms Ann Martin
King County Transportation Planner
821 2nd Avenue, Number 65
Seattle, WA 98104
Dear Ms. Martin.
At its August 5, 1996 regular meeting, the Auburn City Council approved
Resolution No 2765 authorizing an Interlocal Agreement with King County for
the purpose of carrying out certain provisions of the Commute Trip Reduction Act
of 1991
There are four original Commute Trip Reduction Act Interlocal Agreements
enclosed for signature by the appropriate officials from King County Once you
have obtained these signatures, return one fully executed original to my office I
have also included a copy of Resolution No. 2675 for your records.
Should you have any questions or comments, please feel free to call Nick Afzali,
City of Auburn Transportation Planner at 804-5050
Sincerely,
r,
Charles A. Booth
Mayor
cc: Nick Afzali, Transportation Planner
Frank Currie, Public Works Director
/Enclosures
f•\clerk\records\RES2765
•
King County
Transportation Planning Division
Dew]linen!of Transj,in tatinn
891 Second Avenue
Seattle, WA 98104-1598
it
September 11, 1996 1 ��
~J
Nick Afzalii, Transportation Planner
City of Auburn Public Works Department
25 West Main Street
Auburn, WA 98002
RE. Signed Interlocal Agreement for Implementing Commute Trip Reduction
Dear Nick:
Enclosed is a fully executed copy of the interlocal agreement to implement Commute Trip
Reduction in the City of Auburn. I am still awaiting the corrected reports and invoices
you said you would be sending soon. Thank you for your attention to this matter We
will now be able to pay funds for the 1995/97 biennium.
Please let me know if there is anything you need from me to complete your Commute Trip
Reduction obligations. Please call me at 689-4711 if you have questions or concerns.
Sincerely,
C.\,1
Aim Martin, Principal Transportation Planner
Enclosure
MOBILITY FOR THE REGION
,.... .�. aseYr.�.. e.°vwe- ..ez an
Washington Clean Air Act 70.94.475
RCW 70.94.473 by a resident of a condominium or multiple- 70.94.483 Wood stove education and enforcement
1 family dwelling. The associations shall cooperate with local account created—Fee imposed on solid fuel burning
air pollution control authorities to acquaint residents with the device sales. (I) The wood stove education and enforce-
provisions of this section. [1990 c 157 § 2.] ment account is hereby created in the state treasury Money
placed in the account shall include all money received under
70.94.477 Limitations on use of solid fuel burning subsection (2)of this section and any other money appropri-
devices. (1) Unless allowed by rule, under chapter 34.05 ated by the legislature. Money in the account shall be spent
RCW a person shall not cause or allow any of the following for the purposes of the wood stove education program
materials to be burned in any residential solid fuel burning established under RCW 70.94.480 and for enforcement of
device: the wood stove program, and shall be subject to legislative
(a) Garbage; appropriation.
(b) Treated wood; (2) The department of ecology with the advice of the
(c) Plastics; advisory committee, shall set a flat fee of thirty dollars, on
(d) Rubber products; the retail sale, as defined in RCW 82.04.050, of each solid
(e) Animals; fuel burning device after January 1 1992. The fee shall be
(f) Asphaltic products; imposed upon the consumer and shall not be subject to the
(g) Waste petroleum products; retail sales tax provisions of chapters 82.08 and 82.12 RCW
(h) Paints; or The fee may be adjusted annually above thirty dollars to
(i) Any substance, other than properly seasoned fuel account for inflation as determined by the state office of the
wood, which normally emits dense smoke or obnoxious economic and revenue forecast council. The fee shall be
odors. collected by the department of revenue in conjunction with
(2) On or after July 1, 1995, a local authority may the retail sales tax under chapter 82.08 RCW If the seller
geographically limit the use of solid fuel burning devices, fails to collect the fee herein imposed or fails to remit the
except fireplaces as defined in RCW 70.94 453(3), wood fee to the department of revenue in the manner prescribed in
stoves meeting the standards set forth in RCW 70.94.457 or chapter 82.08 RCW the seller shall be personally liable to
pellet stoves issued an exemption certificate by the United the state for the amount of the fee. The collection provi-
States environmental protection agency in accordance with lions of chapter 82.32 RCW shall apply The department of
Title 40, Part 60 of the code of federal regulations. An revenue shall deposit fees collected under this section in the
authority shall allow an exemption from this subsection for wood stove education and enforcement account. [1991 sp.s.
low-income persons who reside in a geographical area c 13 §§ 64, 65; 1991 c 199 § 505 1990 c 128 § 5; 1987 c
affected by this subsection. In the exercise of this limitation, 405 § 10.]
a local authority shall consider the following factors. Effective dates—Severability-1991 sp.s.c 13: Sec notes following
(a) The contribution of solid fuel burning devices that RCW 18 08 240
do not meet the standards set forth in RCW 70.94 457 to Finding-1991 c 199: See note following RCW 7094 Olt.
nonattainment of national ambient air quality standards; Severability-1987 c 405: See note following RCW 70.94.450.
(b) The population density of geographical areas within
the local authority s jurisdiction giving greater consideration 70.94.510 Policy to cooperate with federal govern-
to urbanized areas; and ment. It is declared to be the policy of the state of Wash-
(c) The public health effects of use of solid fuel burning ington through the department of ecology to cooperate with
devices which do not meet the standards set forth in RCW the federal government in order to insure the coordination of
70.94.457 [1990 c 128 § 3. 1987 c 405 § 9 ] the provisions of the federal and state clean air acts, and the
Severability-1987 c 405: See note following RCW 7094.450 department is authorized and directed to implement and
enforce the provisions of this chapter in carrying out this
70.94.480 Wood stove education program. (I) The policy as follows:
department of ecology shall establish a program to educate (1) To accept and administer grants from the federal
wood stove dealers and the public about: government for carrying out the provisions of this chapter.
(a) The effects of wood stove emissions on health and (2) To take all action necessary to secure to the state the
air quality; benefits of the federal clean air act. [1987 c 109 § 49; 1969
(b) Methods of achieving better efficiency and emission ex.s. c 168 § 45 ]
performance from wood stoves; Purpose—Short title—Construction—Rules—SeverabIlity-
(c) Wood stoves that have been approved by the Captions-1987 c 109: See notes following RCW 43218 OD I.
department;
(d) The benefits of replacing inefficient wood stoves 70.94.521 Transportation demand management—
with stoves approved under RCW 70.94 457 Findings. The legislature finds that automotive traffic in
(2)Persons selling new wood stoves shall distribute and Washington s metropolitan areas is the major source of
verbally explain educational materials describing when a emissions of air contaminants. This air pollution causes
stove can and cannot be legally used to customers purchas- significant harm to public health, causes damage to trees,
ing new wood stoves. [1990 c 128 § 6; 1987 c 405 § 3.] plants, structures, and materials and degrades the quality of
Severability-1987 c 405: See note following RCW 70.94.450. the environment.
Increasing automotive traffic is also aggravating traffic
congestion in Washington's metropolitan areas. This traffic
(1994 Ed.) [Title 70 RCW—page 175]
70.94.521 Title 70 RCW Public Health and Safety
congestion imposes significant costs on Washington s jurisdiction that are characterized by similar employment
businesses, governmental agencies, and individuals in terms density, population density level of transit service, parking
of lost working hours and delays in the delivery of goods availability access to high occupancy vehicle facilities, and
and services. Traffic congestion worsens automobile-related other factors that are determined to affect the level of single
air pollution, increases the consumption of fuel, and degrades occupancy vehicle commuting.
the habitability of many of Washington s cities and suburban (4) 'Commute trip means trips made from a worker's
areas. The capital and environmental costs of fully accom- home to a worksite during the peak period of 6:00 a.m. to
modating the existing and projected automobile traffic on 9:00 a.m. on weekdays.
roads and highways are prohibitive. Decreasing the demand (5) 'Proportion of single-occupant vehicle commute
for vehicle trips is significantly less costly and at least as trips means the number of commute trips made by single-
effective in reducing traffic congestion and its impacts as occupant automobiles divided by the number of full-time
constructing new transportation facilities such as roads and employees.
bridges, to accommodate increased traffic volumes. (6) 'Commute trip vehicle miles traveled per employee
The legislature also finds that increasing automotive means the sum of the individual vehicle commute trip
transportation is a major factor in increasing consumption of lengths in miles over a set period divided by the number of
gasoline and, thereby increasing reliance on imported full-time employees during that period.
sources of petroleum. Moderating the growth in automotive (7) 'Base year means the year January 1 1992, through
travel is essential to stabilizing and reducing dependence on December 31, 1992, on which goals for vehicle miles
imported petroleum and improving the nation s energy traveled and single-occupant vehicle trips shall be based.
security Base year goals may be determined using the 1990 journey-
The legislature further finds that reducing the number of to-work census data projected to the year 1992 and shall be
commute trips to work made via single-occupant cars and consistent with the growth management act. The task force
light trucks is an effective way of reducing automobile- shall establish a method to be used by jurisdictions to
related air pollution, traffic congestion, and energy use. determine reductions of vehicle miles traveled. [1991 c 202
Major employers have significant opportunities to encourage § 11.]
and facilitate reducing single-occupant vehicle commuting by Captions not law—Effectise date Selerability-1991 c 202: see
employees. notes following RCW 4750010.
The intent of this chapter is to require local govern-
ments in those counties experiencing the greatest automobile- 70.94.527 Transportation demand management—
related air pollution and traffic congestion to develop and Requirements for counties and cities. (1) Each county
implement plans to reduce single-occupant vehicle commute with a population over one hundred fifty thousand, and each
trips. Such plans shall require major employers and employ- city or town within those counties containing a major
ers at major worksites to implement programs to reduce employer shall, by October 1 1992, adopt by ordinance and
single-occupant vehicle commuting by employees at major implement a commute trip reduction plan for all major em-
worksites. Local governments in counties experiencing ployers. The plan shall be developed in cooperation with
significant but less severe automobile-related air pollution local transit agencies, regional transportation planning
and traffic congestion may implement such plans. State organizations as established in RCW 47 80 020, major
agencies shall implement programs to reduce single-occupant employers, and the owners of and employers at major
vehicle commuting at all major worksites throughout the worksites. The plan shall be designed to achieve reductions
state. [1991 c 202 § 10.] in the proportion of single-occupant vehicle commute trips
Captions not law—Etrective date—Severability-1991 c 202: See and the commute trip vehicle miles traveled per employee by
notes following RCW 17 50010. employees of major public and private sector employers in
Ride-sharing tar incentives. RCW 82.04.4453. the jurisdiction.
(2) All other counties, and cities and towns in those
70.94.524 Transportation demand management— counties, may adopt and implement a commute trip reduction
Definitions. Unless the context clearly requires otherwise, plan.
the definitions in this section apply throughout this chapter. (3) The department of ecology may after consultation
(I) "A major employer means a private or public with the state energy office, as part of the state implementa-
employer that employs one hundred or more full-time tion plan for areas that do not attain the national ambient air
employees at a single worksite who begin their regular work quality standards for carbon monoxide or ozone, require
day between 6:00 a.m. and 9:00 a.m. on weekdays for at municipalities other than those identified in subsection (1) of
least twelve continuous months during the year this section to adopt and implement commute trip reduction
(2) 'Major worksite means a building or group of plans if the department determines that such plans are
buildings that are on physically contiguous parcels of land or necessary for attainment of said standards.
on parcels separated solely by private or public roadways or (4) A commute trip reduction plan shall be consistent
rights of way, and at which there are one hundred or more with the guidelines established under RCW 70.94.537 and
full-time employees of one or more employers, who begin shall include but is not limited to (a) goals for reductions in
their regular work day between 6:00 a.m. and 9:00 a.m. on the proportion of single-occupant vehicle commute trips and
weekdays, for at least twelve continuous months. the commute trip vehicle miles traveled per employee; (b)
(3) 'Commute trip reduction zones mean areas, such as designation of commute trip reduction zones; (c) require-
census tracts or combinations of census tracts, within a ments for major public and private sector employers to
implement commute trip reduction programs: (d) a commute
[Title 70 RCW—page 176] (1994 FA)
Washington Clean Air Act 70.94.527
trip reduction program for employees of the county city or to the commute trip reduction task force established under
town; (e) a review of local parking policies and ordinances RCW 70.94.537 The report shall be due July I, 1994 and
as they relate to employers and major worksites and any each July 1 thereafter through July 1, 2000. The report shall
revisions necessary to comply with commute trip reduction describe progress in attaining the applicable commute trip
goals and guidelines; (f) an appeals process by which major reduction goals for each commute trip reduction zone and
employers, who as a result of special characteristics of their shall highlight any problems being encountered in achieving
business or its locations would be unable to meet the re- the goals. The information shall be reported in a form
quirements of a commute trip reduction plan, may obtain established by the commute trip reduction task force.
waiver or modification of those requirements; and (g) means (9) Any waivers or modifications of the requirements of
for determining base year values of the proportion of single a commute trip reduction plan granted by a jurisdiction shall
occupant vehicle commute trips and the commute trip be submitted for review to the commute trip reduction task
vehicle miles traveled per employee and progress toward force established under RCW 70.94.537 The commute trip
meeting commute trip reduction plan goals on an annual reduction task force may not deny the granting of a waiver
basis. Goals which are established shall take into account or modification of the requirements of a commute trip
existing transportation demand management efforts which are reduction plan by a jurisdiction but they may notify the
made by major employers. Each jurisdiction shall ensure jurisdiction of any comments or objections.
that employers shall receive full credit for the results of (10) Each county city or town implementing a com-
transportation demand management efforts and commute trip mute trip reduction program shall count commute trips
reduction programs which have been implemented by major eliminated through work-at-home options or alternate work
employers prior to the base year The goals for miles schedules as one and two-tenths vehicle trips eliminated for
traveled per employee for all major employers shall not be the purpose of meeting trip reduction goals.
less than a fifteen percent reduction from the base year value (11) Plans implemented under this section shall not
of the commute trip reduction zone in which their worksite apply to commute trips for seasonal agricultural employees.
is located by January 1, 1995, twenty-five percent reduction (12) Plans implemented under this section shall not
from the base year values by January I 1997 and thirty-five apply to construction worksites when the expected duration
percent reduction from the base year values by January 1 of the construction project is less than two years. [1991 c
1999 202 § 12.]
(5) A county city or town may as part of its commute Captions not law—Effective date—Severability-1991 c 202: See
trip reduction plan, require commute trip reduction programs notes following RCN 47 50 010
for employers with ten or more full time employees at major
worksites in federally designated nonattainment areas for 70.94.531 Transportation demand management—
carbon monoxide and ozone. The county city or town shall Requirements for employers. (1) Not more than six
develop the programs in cooperation with affected employers months after the adoption of the commute trip reduction plan
and provide technical assistance to the employers in imple by a jurisdiction. each major employer in that jurisdiction
menting such programs. shall develop a commute trip reduction program and shall
(6) The commute trip reduction plans adopted by submit a description of that program to the jurisdiction for
counties, cities, and towns under this chapter shall be review The program shall be implemented not more than
consistent with and may be incorporated in applicable state six months after submission to the jurisdiction.
or regional transportation plans and local comprehensive (2) A commute trip reduction program shall consist of,
plans and shall be coordinated, and consistent with, the at a minimum (a) designation of a transportation coordinator
commute trip reduction plans of counties, cities, or towns and the display of the name, location, and telephone number
with which the county city or town has, in part, common of the coordinator in a prominent manner at each affected
borders or related regional issues. Such regional issues shall worksite: (b) regular distribution of information to employees
include assuring consistency in the treatment of employers regarding alternatives to single-occupant vehicle commuting.
who have worksites subject to the requirements of this (c) an annual review of employee commuting and reporting
chapter in more than one jurisdiction. Counties, cities, or of progress toward meeting the single-occupant vehicle
towns adopting commute trip reduction plans may enter into reduction goals to the county city or town consistent with
agreements through the interlocal cooperation act or by the method established in the commute trip reduction plan;
resolution or ordinance as appropriate with other jurisdic and (d) implementation of a set of measures designed to
tions, local transit agencies, or regional transportation achieve the applicable commute trip reduction goals adopted
planning organizations to coordinate the development and by the jurisdiction. Such measures may include but are not
implementation of such plans. Counties, cities, or towns limited to:
adopting a commute trip reduction plan shall review it annu- (i) Provision of preferential parking or reduced parking
ally and revise it as necessary to be consistent with applica- charges, or both, for high occupancy vehicles;
ble plans developed under RCW 36.70A.070. (ii) Instituting or increasing parking charges for single
(7) Each county city, or town implementing a commute occupant vehicles;
trip reduction program shall, within thirty days submit a (iii) Provision of commuter ride matching services to
summary of its plan along with certification of adoption to facilitate employee ridesharing for commute trips:
the commute trip reduction task force established under (iv) Provision of subsidies for transit fares;
RCW 70.94.537 (v) Provision of vans for van pools;
(8) Each county city or town implementing a commute (vi) Provision of subsidies for car pooling or van
trip reduction program shall submit an annual progress report pooling;
(1994 Ed l [Title 70 RCW—page 1771
70.94.531 Title 70 RCW Public Health and Safety
(vii) Permitting the use of the employer s vehicles for major employer shall be liable for civil penalties under this
car pooling or van pooling; chapter if failure to achieve a commute trip reduction
(viii) Permitting flexible work schedules to facilitate program goal was the result of an inability to reach agree-
employees use of transit, car pools, or van pools; ment with a certified collective bargaining agent under
(ix) Cooperation with transportation providers to provide applicable laws where the issue was raised by the employer
additional regular or express service to the worksite; and pursued in good faith. [1991 c 202 § 14 ]
(x) Construction of special loading and unloading Captions not law—Effective date—Severahility-1991 c 202: See
facilities for transit, car pool, and van pool users; notes following RCW 47 50.010
(xi) Provision of bicycle parking facilities, lockers,
changing areas, and showers for employees who bicycle or 70.94.537 Transportation demand management—
walk to work, Commute trip reduction task force. (1) A twenty-three
(xii) Provision of a program of parking incentives such member state commute trip reduction task force shall be es-
as a rebate for employees who do not use the parking tablished as follows:
facility. (a) The director of the state energy office or the
(xiii) Establishment of a program to permit employees director's designee who shall serve as chair
to work part or full time at home or at an alternative (b) The secretary of the department of transportation or
worksite closer to their homes; the secretary s designee;
(xiv) Establishment of a program of alternative work (c) The director of the department of ecology or the
schedules such as compressed work week schedules which director s designee;
reduce commuting; and (d) The *director of the department of community
(xv) Implementation of other measures designed to development or the director s designee;
facilitate the use of high-occupancy vehicles such as on-site (e) The director of the department of general administra-
day care facilities and emergency taxi services. lion or the director s designee;
(3) Employers or owners of worksites may form or (t) Three representatives from counties appointed by the
utilize existing transportation management associations to governor from a list of at least six recommended by the
assist members in developing and implementing commute Washington state association of counties;
trip reduction programs. [1991 c 202 § 13 ] (g) Three representatives from cities and towns appoint-
Captions not law—Effective date—Severability-1991 c 202: see ed by the governor from a list of at least six recommended
notes following RCW 47 50010 by the association of Washington cities;
(h) Three representatives from transit agencies appointed
70.94.534 Transportation demand management— by the governor from a list of at least six recommended by
Jurisdictions' review and penalties. (1) Each jurisdiction the Washington state transit association;
implementing a commute trip reduction plan under this (i) Six representatives of employers at or owners of
chapter or as part of a plan or ordinance developed under major worksites in Washington appointed by the governor
RCW 36.70A.070 shall review each employer s initial from a list of at least twelve recommended by the associa-
commute trip reduction program to determine if the program tion of Washington business; and
is likely to meet the applicable commute trip reduction goals. (j) Three citizens appointed by the governor
The employer shall be notified by the jurisdiction of its Members of the commute trip reduction task force shall
findings. If the jurisdiction finds that the program is not serve without compensation but shall be reimbursed for
likely to meet the applicable commute trip reduction goals, travel expenses as provided in RCW 43 03 050 and
the jurisdiction will work with the employer to modify the 43 03.060. Members appointed by the governor shall be
program as necessary The jurisdiction shall complete compensated in accordance with RCW 43.03.220. The task
review of each employer s initial commute trip reduction force has all powers necessary to carry out its duties as
program within three months of receipt. prescribed by this chapter The task force shall be dissolved
(2) Each jurisdiction shall annually review each on July 1 2000.
employer's progress toward meeting the applicable commute (2)By March 1 1992, the commute trip reduction task
trip reduction goals. If it appears an employer is not likely force shall establish guidelines for commute trip reduction
to meet the applicable commute trip reduction goals, the plans. The guidelines are intended to ensure consistency in
jurisdiction shall work with the employer to make modifica- commute trip reduction plans and goals among jurisdictions
tions to the commute trip reduction program. while fairly taking into account differences in employment
(3)If an employer fails to meet the applicable commute and housing density employer size, existing and anticipated i
trip reduction goals, the jurisdiction shall propose modifica- levels of transit service, special employer circumstances, and
tions to the program and direct the employer to revise its other factors the task force determines to be relevant. The i
program within thirty days to incorporate those modifications guidelines shall include:
or modifications which the jurisdiction determines to be (a) Criteria for establishing commute trip reduction
equivalent. zones;
(4) Each jurisdiction implementing a commute trip (b) Methods and information requirements for determin-
reduction plan pursuant to this chapter may impose civil ing base year values of the proportion of single-occupant
penalties, in the manner provided in chapter 7.80 RCW for vehicle commute trips and the commute trip vehicle miles
failure by an employer to implement a commute trip reduc- traveled per employee and progress toward meeting commute
tion program or to modify its commute trip reduction trip reduction plan goals;
program as required in subsection (3) of this section. No (c) Model commute trip reduction ordinances;
1994 Ed 1
[Title 70 RCW—page 178]
L — 11lA1i�p95�!�lR'd�Ran!!R'A4RI!'llliR !!R! rina!lRI4 �1ldlln
4 '
Washington Clean Air Act 70.94.537
(d) Methods for assuring consistency in the treatment of (2) The team shall provide technical assistance to
employers who have worksites subject to the requirements of counties, cities, and towns, the department of general
this chapter in more than one jurisdiction; administration, other state agencies, and other employers in
(e) An appeals process by which major employers, who developing and implementing commute trip reduction plans
as a result of special characteristics of their business or its and programs. The technical assistance shall include: (a)
locations would be unable to meet the requirements of a Guidance in determining base and subsequent year values of
commute trip reduction plan may obtain a waiver or single-occupant vehicle commuting proportion and commute
modification of those requirements and criteria for determin- trip reduction vehicle miles traveled to be used in deter-
ing eligibility for waiver or modification; mining progress in attaining plan goals; (b) developing
(1) Methods to ensure that employers shall receive full model plans and programs appropriate to different situations;
credit for the results of transportation demand management and (c) providing consistent training and informational
efforts and commute trip reduction programs which have materials for the implementation of commute trip reduction
been implemented by major employers prior to the base programs. Model plans and programs, training and informa-
year; tional materials shall be developed in cooperation with
(g) Alternative commute trip reduction goals for major representatives of local governments, transit agencies, and
employers which cannot meet the goals of this chapter employers.
because of the unique nature of their business; and (3) In carrying out this section the state energy office
(hi Alternative commute trip reduction goals for major and department of transportation may contract with state-
employers whose worksites change and who contribute wide associations representing cities, towns, and counties to
substantially to traffic congestion in a trip reduction zone. assist cities, towns, and counties in implementing commute
(3) The task force shall assess the commute trip reduc- trip reduction plans and programs. [1991 c 202 § 16.]
tion options available to employers other than major employ- Captions not law—Effective date—Severability-1991 c 202: See
ers and make recommendations to the legislature by October notes following RCW 47 50010
I, 1992. The recommendations shall include the minimum
size of employer who shall be required to implement trip 70.94.544 Transportation demand management—
reduction programs and the appropriate methods those Use of funds. A portion of the funds made available for the
employers can use to accomplish trip reduction goals. purposes of this chapter shall be used to fund the commute
(4) The task force shall review progress toward imple- trip reduction task force in carrying out the responsibilities
menting commute trip reduction plans and programs and the of RCW 70.94.541 and the interagency technical assistance
costs and benefits of commute trip reduction plans and team including the activities authorized under RCW
programs and shall make recommendations to the legislature 70.94.541(2), and to assist counties, cities, and towns imple-
by December I 1995, and December 1 1999 In assessing menting commute trip reduction plans. Funds shall be
the costs and benefits, the task force shall consider the costs provided to the counties in proportion to the number of
of not having implemented commute trip reduction plans and major employers and major worksites in each county The
programs. The task force shall examine other transportation counties shall provide funds to cities and towns within the
demand management programs nationally and incorporate its county which are implementing commute trip reduction plans
findings into its recommendations to the legislature. The in proportion to the number of major employers and major
recommendations shall address the need for continuation, worksites within the city or town [1991 c 202 § 17 1
modification, or termination or any or all requirements of Captions not law—Effective date—Se.erability-1991 c 202: Sec
this chapter The recommendations made December I 1995, notes following RCW 47 50.010
shall include recommendations regarding extension of the
requirements of this chapter to employers with fifty or more 70.94.547 Transportation demand management—
full-time employees at a single worksite who begin their Intent—State leadership. The legislature hereby recognizes
regular work day between 6-00 a.m. and 9'00 a.m on the state s crucial leadership role in establishing and imple
weekdays for more than twelve continuous months. [1991 menting effective commute trip reduction programs.
c 202 § 15.J Therefore, it is the policy of the state that the department of
•Re.iser's note: Powers,duties,and functions of the department of general administration and other state agencies shall aggres-
community development and the department of trade and economic sively develop substantive programs to reduce commute trips
development were transferred to the department of community, trade, and by state employees. Implementation of these programs will
economic development by 1993 c 280.effective July I, 1994
Captions not law—Effective date—Severability-1991 c 202: See reduce energy consumption, congestion in urban areas, and
notes following RCW 47.50.010. air and water pollution associated with automobile travel.
[1991 c 202 § 18.]
70.94.541 Transportation demand management— Captions not law—Effective date—Seserability-1991 c 202: See
Technical assistance team. (I) A technical assistance team notes following RCW 4750010.
shall be established under the direction of the state energy
office and include representatives of the departments of 70.94.551 Transportation demand management—
transportation and ecology The team shall provide staff State agency plan. (1) The director of general administra-
support to the commute trip reduction task force in carrying [ion, with the concurrence of an interagency task force
established for the purposes of this section, shall coordinate
out the requirements of RCW 70.94.537 and to the depart-
ment of general administration in carrying out the require a commute trip reduction plan for state agencies which are
menu of RCW 70 94.551 phase I major employers by January 1 1993. The task force
(1991 Ed) [Title 70 RCW—page 1791
70.94.551 Title 70 RCW- Public Health and Safety
shall include representatives of the state energy office, the commute trip reduction goals. If it appears an agency is not
departments of transportation and ecology and such other meeting or is not likely to meet the applicable commute trip
departments as the director of general administration deter reduction goals, the team shall work with the agency to
mines to be necessary to be generally representative of state make modifications to the commute trip reduction program.
agencies. The state agency plan shall be consistent with the (6) The department of general administration shall
requirements of RCW 70.94.527 and 70.94.531 and shall be submit an annual progress report for state agencies subject
developed in consultation with state employees, local and to the state agency commute trip reduction plan to the
regional governments, local transit agencies, the business commute trip reduction task force established under RCW
community, and other interested groups. The plan shall 70.94.537 The report shall be due April I 1993, and each
consider and recommend policies applicable to all state April 1 through 2000. The report shall report progress in
agencies including but not limited to policies regarding attaining the applicable commute trip reduction goals for
parking and parking charges, employee incentives for each commute trip reduction zone and shall highlight any
commuting by other than single-occupant automobiles, flexi- problems being encountered in achieving the goals. The
ble and alternative work schedules, alternative worksites, and information shall be reported in a form established by the
the use of state-owned vehicles for car and van pools. The commute trip reduction task force. [1991 c 202 § 19 ]
plan shall also consider the costs and benefits to state Captions not law—Effective date—Scserability-1991 c202: See
agencies of achieving commute trip reductions and consider notes following RCW 47 50.010
mechanisms for funding state agency commute trip reduction State capitol renic)c parking account RCW 43 01 225
programs. The department shall, within thirty days, submit
a summary of its plan along with certification of adoption to 70.94.600 Reports of authorities to department of
the commute trip reduction task force established under ecology—Contents. All authorities in the state shall submit
RCW 70.94.537 quarterly reports to the department of ecology detailing the
(2) Not more than three months after the adoption of the current status of air pollution control regulations in the
commute trip reduction plan, each state agency shall, for authority and, by county the progress made toward bringing
each facility which is a major employer,develop a commute all sources in the authority into compliance with authority
trip reduction program. The program shall be designed to standards [1979 ex s c 30 § 14 1969 ex.s. c 168 § 52.]
meet the goals of the commute trip reduction plan of the
county city or town or if thcre is no local commute trip 70.94.610 Burning used oil fuel in land-based
reduction plan, the state. The program shall be consistent facilities. (I) Except as provided in subsection (2) of this
with the policies of the state commute trip reduction plan section, a person may not burn used oil as fuel in a land-
and RCW 70.94.531 The agency shall submit a description based facility or in state waters unless the used oil meets the
of that program to the local jurisdiction implementing a following standards.
commute trip reduction plan or if there is no local commute (a) Cadmium: 2 ppm maximum
trip reduction plan, to the department of general administra- (b) Chromium: 10 ppm maximum
Lion. The program shall be implemented not more than three (c) Lead. 100 ppm maximum
months after submission to the department. Annual reports (d) Arsenic 5 ppm maximum
required in RCW 70.94.531(2)(c) shall be submitted to the (e) Total halogens: 1000 ppm maximum
local jurisdiction implementing a commute trip reduction (f) Polychlorinated biphenyls 2 ppm maximum
plan and to the department of general administration. An (g) Ash: 1 percent maximum
agency which is not meeting the applicable commute trip (h) Sulfur 1.0 percent maximum
reduction goals shall, to the extent possible, modify its (i) Flash point: 100 degrees Fahrenheit minimum
program to comply with the recommendations of the local (2)This section shall not apply to: (a) Used oil burned
jurisdiction or the department of general administration. in space heaters if the space heater has a maximum heat
(3) State agencies sharing a common location may output of not greater than 0.5 million btu s per hour or used
develop and implement a joint commute trip reduction oil burned in facilities permitted by the department or a local
program or may delegate the development and implementa- air pollution control authority. or Ib) ocean-going vessels.
lion of the commute trip reduction program to the depart- (3) This section shall not apply to persons in the
ment of general administration business of collecting used oil from residences when under
(4) The department of general administration in consul- authorization by a city county or the utilities and trans-
tation with the state technical assistance team shall review portation commission. [1991 c 319 § 311 ]
the initial commute trip reduction program of each state
Severability—Part headings not law-1991 c 319• See RCW
agency subject to the commute trip reduction plan for state 70.95F900 and 70.95E901
agencies to determine if the program is likely to meet the
applicable commute trip reduction goals and notify the 70.94.620 Nletals mining and milling operations
agency of any deficiencies. If it is found that the program permits—Inspections by department of ecology (Effec
is not likely to meet the applicable commute trip reduction Live July 1, 1995.) If a metals mining and milling operation
goals, the team will work with the agency to modify the is issued a permit pursuant to this chapter then it will be
program as necessary subject to special inspection requirements. The department
(5) For each agency subject to the state agency cam- of ecology shall inspect these mining operations at least
mute trip reduction plan, the department of general adminis- quarterly in order to ensure that the operation is in compli-
tration in consultation with the technical assistance team ante with the conditions of any permit issued to it pursuant
shall annually review progress toward meeting the applicable
[Title 70 RCW—page 180] (1994 Ed)
70.94.460 Title 70 RCW Public Health and Safety
been approved by the department under the program estab- (i) Any substance, other than properly seasoned fuel
lished under RCW 70.94.457 [1995 c 205 § 4; 1987 c 405 wood, which normally emits dense smoke or obnoxious
§ 7 1 odors.
Severability-1987 c 405: See note following RCW 70.94 450. (2) For the sole purpose of a contingency measure to
meet the requirements of section 172(c)(9) of the federal
70.94.473 Limitations on burning wood for heat. clean air act, a local authority or the department may
(1) Any person in a residence or commercial establishment prohibit the use of solid fuel burning devices, except
which has an adequate source of heat without burning wood fireplaces as defined in RCW 70.94 453(3), wood stoves
shall: meeting the standards set forth in RCW 70.94 457 or pellet
(a) Not burn wood in any solid fuel burning device stoves either certified or issued an exemption by the United
whenever the department has determined under RCW States environmental protection agency in accordance with
70.94 715 that any air pollution episode exists in that area; Title 40, Part 60 of the code of federal regulations, if the
(b) Not burn wood in any solid fuel burning device United States environmental protection agency in consulta-
except those which are either Oregon department of environ- tion with the department and the local authority makes
mental quality phase II or United States environmental written findings that:
protection agency certified or certified by the department (a) The area has failed to make reasonable further
under RCW 70.94 4570) or a pellet stove either certified or progress or attain or maintain a national ambient air quality
issued an exemption by the United States environmental standard; and
protection agency in accordance with Title 40, Part 60 of the (b) Emissions from solid fuel burning devices from a
code of federal regulations, in the geographical area and for particular geographic area are a contributing factor to such
the period of time that a first stage of impaired air quality failure to make reasonable further progress or attain or
has been determined, by the department or any authority for maintain a national ambient air quality standard.
that area. A first stage of impaired air quality is reached A prohibition issued by a local authority or the depart-
when particulates ten microns and smaller in diameter are at ment under this subsection shall not apply to a person in a
an ambient level of seventy-five micrograms per cubic meter residence or commercial establishment that does not have an
measured on a twenty-four hour average or when carbon adequate source of heat without burning wood. [1995 c 205
monoxide is at an ambient level of eight parts of contami- § 2; 1990 c 128 § 3, 1987 c 405 § 9 ]
nant per million parts of air by volume measured on an Severability-1987 c 405: See note following RCW 70.94 450.
eight-hour average; and
(c) Not burn wood in any solid fuel burning device in 70.94.531 Transportation demand management—
a geographical area and for the period of time that a second Requirements for employers. (Expires June 30, 1997)
stage of impaired air quality has been determined by the (I) Not more than six months after the adoption of the
department or any authority for that area. A second stage commute trip reduction plan by a jurisdiction, each major
of impaired air quality is reached when particulates ten employer in that jurisdiction shall develop a commute trip
microns and smaller in diameter are at an ambient level of reduction program and shall submit a description of that
one hundred five micrograms per cubic meter measured on program to the jurisdiction for review The program shall be
a twenty-four hour average. implemented not more than six months after submission to
(2) Actions of the department and local air pollution the jurisdiction.
control authorities under this section shall preempt actions of (2) A commute trip reduction program shall consist of,
other state agencies and local governments for the purposes at a minimum (a) designation of a transportation coordinator
of controlling air pollution from solid fuel burning devices, and the display of the name, location, and telephone number
except where authorized by chapter 199 Laws of 1991 of the coordinator in a prominent manner at each affected
[1995 c 205 § 1 1991 c 199 § 504. 1990 c 128 § 2; 1987 c worksite; (b) regular distribution of information to employees
405 § 6.1 regarding alternatives to single-occupant vehicle commuting:
Finding-1991 c 199: See note following RCW 70.94011. (c) an annual review of employee commuting and reporting
Severability-1987 c 405: Sec note following RCW 70 94 450 of progress toward meeting the single-occupant vehicle
reduction goals to the county city, or town consistent with
70.94.477 Limitations on use of solid fuel burning the method established in the commute trip reduction plan;
devices. (1) Unless allowed by rule, under chapter 34.05 and (d) implementation of a set of measures designed to
RCW, a person shall not cause or allow any of the following achieve the applicable commute trip reduction goals adopted
materials to be burned in any residential solid fuel burning by the jurisdiction. Such measures may include but are not
device: limited to:
(a) Garbage; (i) Provision of preferential parking or reduced parking
(b) Treated wood; charges, or both, for high occupancy vehicles;
(c) Plastics; (ii) Instituting or increasing parking charges for single-
(d) Rubber products; occupant vehicles;
(e) Animals; (iii) Provision of commuter ride matching services to
(t) Asphaltic products; facilitate employee ridesharing for commute trips:
(g) Waste petroleum products; (iv) Provision of subsidies for transit fares;
(h) Paints; or (v) Provision of vans for van pools;
[1995 RCW Supp—page 826]
A
r
Washington Clean Air Act 70.94.531
(vi) Provision of subsidies for car pooling or van (h) Three representatives from transit agencies appointed
pooling; by the governor from a list of at least six recommended by
(vii) Permitting the use of the employer s vehicles for the Washington state transit association;
car pooling or van pooling; (i) Six representatives of employers at or owners of
(viii) Permitting flexible work schedules to facilitate major worksites in Washington appointed by the governor
employees use of transit, car pools, or van pools; from a list of at least twelve recommended by the associa-
(ix) Cooperation with transportation providers to provide tion of Washington business; and
additional regular or express service to the worksite; (j) Three citizens appointed by the governor
(x) Construction of special loading and unloading Members of the commute trip reduction task force shall
facilities for transit, car pool, and van pool users: serve without compensation but shall be reimbursed for
(xi) Provision of bicycle parking facilities, lockers, travel expenses as provided in RCW 43 03 050 and
changing areas, and showers for employees who bicycle or 43.03.060. Members appointed by the governor shall be
walk to work, compensated in accordance with RCW 43.03.220. The task
(xii) Provision of a program of parking incentives such force has all powers necessary to carry out its duties as
as a rebate for employees who do not use the parking prescribed by this chapter. The task force shall be dissolved
Facility' on July 1, 2000.
(xiii) Establishment of a program to permit employees (2) By March 1, 1992, the commute trip reduction task
to work part or full time at home or at an alternative force shall establish guidelines for commute trip reduction
worksite closer to their homes; plans. The guidelines are intended to ensure consistency in
(xiv) Establishment of a program of alternative work commute trip reduction plans and goals among jurisdictions
schedules such as compressed work week schedules which while fairly taking into account differences in employment
reduce commuting; and housing density employer size, existing and anticipated
(xv) Establishment of proximate commuting programs levels of transit service, special employer circumstances, and
by employers with multiple worksites; and other factors the task force determines to be relevant The
(xvi) Implementation of other measures designed to guidelines shall include:
facilitate the use of high-occupancy vehicles such as on-site (a) Criteria for establishing commute trip reduction
day care facilities and emergency taxi services. zones;
(3) Employers or owners of worksites may form or (b) Methods and information requirements for determin-
utilize existing transportation management associations to ing base year values of the proportion of single-occupant
assist members in developing and implementing commute vehicle commute trips and the commute trip vehicle miles
trip reduction programs. [1995 2nd sp.s. c 14 § 530: 1991 traveled per employee and progress toward meeting commute
c 202 § 13.] trip reduction plan goals;
Expiration date-1995 2nd sp.s. c 14 §§ 511-523, 528-533: See (c) Model commute trip reduction ordinances;
note following RCW 43.105.017 (d) Methods for assuring consistency in the treatment of
Effective dates-1995 2nd sp.s. c 14: See note following RCW employers who have worksites subject to the requirements of
43 105 017 this chapter in more than one jurisdiction;
Severability-1995 2nd sp.s. c 14 See note following RCW (e) An appeals process by which major employers, who
43.105 017 as a result of special characteristics of their business or its
Captions not law—Effective date—Severability-1991 c 202: See locations would be unable to meet the requirements of a
notes following RCW 47 50.010
commute trip reduction plan, may obtain a waiver or
modification of those requirements and criteria for determin-
70.94.537 Transportation demand management— ing eligibility for waiver or modification:
Commute trip reduction task force. (I) A twenty-three (f) Methods to ensure that employers shall receive full
member state commute trip reduction task force shall be credit for the results of transportation demand management
established as follows. efforts and commute trip reduction programs which have
(a) The director of the state energy office or the been implemented by major employers prior to the base
director s designee who shall serve as chair' year;
(b)The secretary of the department of transportation or (g) Alternative commute trip reduction goals for major
the secretary s designee; employers which cannot meet the goals of this chapter
(c) The director of the department of ecology or the because of the unique nature of their business; and
director s designee; (h) Alternative commute trip reduction goals for major
(d) The director of the department of community trade, employers whose worksites change and who contribute
and economic development or the director s designee; substantially to traffic congestion in a trip reduction zone.
(e) The director of the department of general administra- (3) The task force shall assess the commute trip reduc-
tion or the director s designee; tion options available to employers other than major employ-
(1) Three representatives from counties appointed by the ers and make recommendations to the legislature by October
governor from a list of at least six recommended by the 1, 1992. The recommendations shall include the minimum
Washington state association of counties; size of employer who shall be required to implement trip
(g) Three representatives from cities and towns appoint- reduction programs and the appropriate methods those
ed by the governor from a list of at least six recommended employers can use to accomplish trip reduction goals.
by the association of Washington cities;
[1995 RCW Supp—page 827]
Ah-
70.94.537 Title 70 RCW Public Health and Safety
(4) The task force shall review progress toward imple- of agricultural burning permits. The department and local
menting commute trip reduction plans and programs and the air authorities shall, through agreement, work with counties
costs and benefits of commute trip reduction plans and and cities to provide convenient methods for granting
programs and shall make recommendations to the legislature permission for agricultural burning, including telephone,
by December 1 1995. and December 1 1999 In assessing facsimile transmission, issuance from local city or county
the costs and benefits, the task force shall consider the costs offices, or other methods. A local air authority administer-
of not having implemented commute trip reduction plans and ing the permit program under this subsection (I)(c) shall not
programs. The task force shall examine other transportation limit the number of days of allowable agricultural burning,
demand management programs nationally and incorporate its but may consider the time of year, meteorological conditions,
findings into its recommendations to the legislature. The and other criteria specified in rules adopted by the depart-
recommendations shall address the need for continuation, ment to implement this subsection (1)(c).
modification, or termination or any or all requirements of (2) Permit fees shall be assessed for burning under this
this chapter. The recommendations made December I 1995. section and shall be collected by the department of ecology
shall include recommendations regarding extension of the the appropriate local air authority or a local entity delegated
requirements of this chapter to employers with fifty or more permitting authority pursuant to RCW 70.94.654 at the time
full-time employees at a single worksite who begin their the permit is issued. All fees collected shall be deposited in
regular work day between 6.00 a.m and 9'00 a.m. on the air pollution control account created in RCW 7094 015
weekdays for more than twelve continuous months 11995 except for that portion of the fee necessary to cover local
c 399 § 188, 1991 c 202 § 15.1 costs of administering a permit issued under this section.
Captions not law—Effective date—Se.erahility-1991 c 202: Sec Fees shall be set by rule by the permitting agency at the
notes following RCW 47 50010 level determined by the task force created by subsection (4)
of this section, but shall not exceed two dollars and fifty
70.94,650 Burning permits for weed abatement, fire cents per acre to be burned. After fees are established by
fighting instruction, or agriculture activities—Issuance— rule, any increases in such fees shall be limited to annual
Agricultural burning practices and research task force— inflation adjustments as determined by the state office of the
Exemption for aircraft crash fire rescue training activi- economic and revenue forecast council.
ties—Expiration of subsection. (I) Any person who (3) Conservation districts and the Washington State
proposes to set fires in the course of University agricultural extension program in conjunction
(a) Weed abatement; with the department shall develop public education material
(b) Instruction in methods of fire fighting, except for the agricultural community identifying the health and
training to fight structural fires as provided in RCW environmental effects of agricultural outdoor burning and
52.12.150 or training to fight aircraft crash rescue fires as providing technical assistance in altematives to agricultural
provided in subsection (5) of this section, and except forest outdoor burning.
fire training; or (4) An agricultural burning practices and research task
(c) Agricultural activities, force shall be established under the direction of the depart-
shall obtain a permit from an air pollution control authority, ment. The task force shall be composed of a representative
the department of ecology or a local entity delegated from the department who shall serve as chair one represen-
permitting authority under RCW 70.94.654. General permit tative of eastern Washington local air authorities; three
criteria of state-wide applicability shall be established by the representatives of the agricultural community from different
department, by rule, after consultation with the various air agricultural pursuits; one representative of the department ot
pollution control authorities. Permits shall be issued under agriculture, two representatives from universities or colleges
this section based on seasonal operations or by individual knowledgeable in agricultural issues, one representative of
operations, or both. All permits shall be conditioned to the public health or medical community, and one representa-
insure that the public interest in air water and land pollution tive of the conservation districts. The task force shall
and safety to life and property is fully considered In identify best management practices for reducing air contami-
addition to any other requirements established by the nant emissions from agricultural activities and provide such
department to protect air quality pursuant to other laws, information to the department and local air authorities. The
applicants for permits must show that the setting of fires as task force shall determine the level of fees to be assessed by
requested is the most reasonable procedure to follow in the permitting agency pursuant to subsection (2) of this
safeguarding life or property under all circumstances or is section, based upon the level necessary to cover the costs ot
otherwise reasonably necessary to successfully carry out the administering and enforcing the permit programs, to provide
enterprise in which the applicant is engaged, or both. All funds for research into alternative methods to reduce
burning permits will be designed to minimize air pollution emissions from such burning, and to the extent possible be
insofar as practical. Nothing in this section shall relieve the consistent with fees charged for such burning permits in
applicant from obtaining permits, licenses, or other approvals neighboring states. The fee level shall provide, to the extent
required by any other law An application for a permit to possible, for lesser fees for permittees who use best man p.,
set fires in the course of agricultural burning for controlling ment practices to minimize air contaminant emissions
diseases, insects, weed abatement or development of physio- task force shall identify research needs related to minimizinl.
logical conditions conducive to increased crop yield, shall be emissions from agricultural burning and alternatives to 5101
acted upon within seven days from the date such application burning. Further, the task force shall make recommend8t n
is filed. The department of ecology and local air authorities to the department on priorities for spending funds providLo
shall provide convenient methods for issuance and oversight
11995 RCW Supp—page 828)
CO op
:J�.
CHARLES A. BOOTH.MAYOR f: AUBURN CITY CLERK
Robin Wohlhueter,City Clerk ( Auburn 25 West Main, Auburn,WA 98001
Dam Daskam,Deputy City Clerk City Clerk:(206)9313039
Tame Bothell,Records/License Clerk /Business Registration:(206)931 3007 Fax.(206)931 3053
ng,t°
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2765 of the resolutions of the City of Auburn, entitled 'RESOLUTION
NO "
I certify that said Resolution No 2765 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 5th day of August, 1996
Witness
���my hand and the seal of the City of Auburn this 19th day of September, 1996
�L-G�-U,,!/JI / .
Robin Wohlhueter
City Clerk
City of Auburn
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