14.40.090 Modification, exemption, and credit of CTR requirements.
A. Goal Modification. An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or regular report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in implementation guidelines. An employer may not request a modification of the applicable goals until one year after approval of its initial program description.
B. Exemptions.
1. An affected employer may request the city grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall grant or deny the request within 30 days of receipt of the request. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.
2. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR board administrative guidelines (and reflected in the city’s implementation guidelines) to assess the validity of employee exemption requests. The city shall grant or deny the request within 30 days of receipt of the request. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
C. Credit for Transportation Demand Management Efforts. Employers whose VMT per employee and drive alone rate are already equal to or less than the goals for one or more future goal years, and that commit in writing to continue the current level of effort, may be exempted from one or more of the mandatory requirements in BCC 14.40.060(B). Employers must fulfill the survey and reporting requirements during measurement years. If a measurement year report indicates that the employer is no longer achieving the applicable goals, the credit shall be revoked and the employer shall immediately become subject to all requirements of this chapter and shall be so notified by the city. (Ord. 5795 § 9, 2008; Ord. 5157 § 11, 1999; Ord. 4711 § 1, 1994; Ord. 4506 § 1, 1993. Formerly 14.40.100, 14.40.110.)