5.65.060 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the geographic limits of the CTR Plan adopted in the City of Redmond CTR Plan, RMC 5.65.020. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees used to determine “affected employer” status: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products and (2) employees of construction worksites when the expected duration of the construction is less than two years.
A. Notification of Applicability.
1. In addition to the City of Redmond’s established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the City’s official newspaper within thirty (30) days after passage of the ordinance codified in this chapter or revisions.
2. Affected employers located in the City of Redmond will receive written notification by certified mail that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City.
3. Affected employers that, for whatever reason, do not receive notice within thirty (30) days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the City within 90 days of the passage of the ordinance codified in this chapter will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City.
4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance codified in this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the City within 90 days from the passage of the ordinance codified in this chapter are in violation of this chapter.
5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.
B. Newly Affected Employers.
1. Employers meeting the definition of “affected employer” in this chapter must identify themselves to the City within ninety (90) days of either moving into the boundaries of the City of Redmond outlined in the CTR Plan adopted in RMC 5.64.020 or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within 90 days are in violation of this chapter.
2. Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the City. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this chapter are in violation of this chapter.
3. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the City. The program will be developed in consultation with the City to be consistent with the goals of the CTR Plan adopted in RMC 5.65.020. The program shall be implemented not more than 90 days after approval by the City. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in RMC 5.65.120.
C. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:
1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the City that it is no longer an affected employer. The burden of proof lies with the employer.
2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers.
3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers.
4. This only applies when the CTR Plan as approved in RMC 5.65.020 designates the employer as affected based on location within the geographic limits of the plan. If the CTR Plan affects the employer based on a location within a Growth and Transportation Efficiency Center, and the employer meets the criteria laid out for that Center, then the Center’s requirements will apply. (Ord. 2546 § 2 (part), 2010: Ord. 2420 § 3 (part), 2008).