14.06.100 Goal modifications, adjustments, program amendments, and exemptions.
A. Modification of CTR Program Goals. An employer may request a modification of CTR program goals under the following conditions:
1. Major employers 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 and quarterly 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.
2. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable goals until one year after the city’s approval of its initial program description or quarterly report. The city shall respond to requests for goal modifications within 30 days of the receipt of the request.
B. CTR Program Amendments. At least 90 days after the approval of a program description or quarterly report, any major employer may, as specified below, amend any CTR program elements listed in BMC 14.06.070(B)(10).
1. An employer may amend their CTR program by replacing a program element selected as required under BMC 14.06.070(B)(10)(a) with any other element required under BMC 14.06.070(B)(10)(a) without prior city approval. The employer must, however, notify the city in writing prior to the implementation of such a change.
2. An employer may request permission from the city to amend any program element included as required under BMC 14.06.070(B)(10)(b). Such request may be granted if one of the following conditions exists:
a. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer;
b. The employer can demonstrate that compliance with the program elements would constitute an undue hardship; or
c. The employer can demonstrate a significant change in local service or the transportation infrastructure that impacts the effectiveness of their adopted CTR program, or will increase the effectiveness of other program elements.
The city shall respond to such a request within 30 days of the receipt of the request.
C. CTR Exemptions. A major employer may request an exemption from all CTR program requirements or penalties for a particular worksite. An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could contribute to meeting the CTR goals and targets of the employer. The city shall respond to a request for an exemption within 30 days of the receipt of the request. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.
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 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. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).