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A. Newly Affected Employer. The first Annual Report submitted by a newly affected employer shall be accepted by the department as long as it addresses necessary baseline information and all required elements including elements likely to result in reductions in drive alone trips or reduction in average VMT.

B. Review and Evaluation. The department's review and evaluation will address the employer's good faith efforts toward meeting the CTR goals. Consequently, programs may be deemed acceptable or unacceptable based on the employer's progress in reducing commute trips, as measured by reduction in drive alone trips or reduction in average VMT. The employer shall provide adequate information and documentation of program implementation when requested by the County.

C. Document Review. Within 90 days of the date the department receives an employer's CTR Program Annual Report, the department shall provide the employer with written notification of whether a CTR program is deemed acceptable or unacceptable. If the CTR program is deemed unacceptable, the notification must give cause for the rejection. The department may extend the review period up to 90 days. If the review period is extended, the implementation date for the employer's CTR program will be extended an equivalent number of days.

D. Review Criteria. The County shall use the following criteria to determine whether an affected employer shall be required to make modifications to its CTR Program.

1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this Chapter, and meets or exceeds either the applicable drive alone or VMT reduction goal, the employer has satisfied the objectives of this Chapter, and will not be required to modify its CTR Program.

2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this Chapter, but fails to meet both the applicable drive alone and VMT reduction goals, the City/County shall work collaboratively with the employer to implement program modifications likely to result in improvements to the program over an agreed upon length of time.

3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this Chapter, and fails to meet both the applicable drive alone and VMT reduction goals, the County shall work collaboratively with the employer to identify modifications to the CTR Program and shall direct the employer to revise its program accordingly and submit the revised program to the County within 30 days.

E. Request for Conference. Within ten days of receipt of written notice for an unacceptable CTR program, the County or employer may request a conference to discuss the department's decision. This conference shall be scheduled during County official hours.

F. Implementation of CTR Program Modifications. If the County proposes modifications to an affected employer's CTR program due to the CTR program's unacceptability, the affected employer shall have 30 days to submit a revised CTR program that includes the proposed or other mutually agreed modifications.

G. Employer Intent to Modify. The employer shall notify the County in writing of its intent to substantially change or modify its approved program. Within 30 days, the County will review the request. If found unacceptable, the County shall work collaboratively with the employer to design program modifications likely to result in improvements to the program over an agreed upon length of time.

H. Leadership Certificate. Employers who meet at least one goal will receive a Commute Trip Reduction Certificate of Leadership from the County.

(Ord. 2008-104 § 2 (part), 2008)