1. Active Calendar 1.I. Active Calender February 24 2022 Documents: ACTIVE CALENDAR FERBUARY 24 2022.PDF 2. Supporting Legislation 2.I. Legislative Documents For February 24 2022 Documents: CVRSA A7782.PDF CVRSA S524.PDF CVRSA S1078A.PDF CVRSA S2021.PDF CVRSA S3897.PDF CVRSA S8152.PDF HOCHUL EO 11.1.PDF CVRSA S4529.PDF UNIVERSAL CHILD CARE ACT S7595.PDF 2.I.i. Supporting Legislation February 24 2022 Documents: FEBRUARY 24 2022.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. Agenda February 24 2022 Documents: 22 AGENDA 0224.PDF Page 1 of 1 Albany Common Council Active Calendar Meeting of Thursday, February 24, 2022 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Resolutions Introduced (a) 15.22.22R Romero A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAL SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED, OR INSTALLED Resolutions Introduced (a) 17.22.22R Anane, Flynn, A RESOLUTION OF THE Hoey and Romero COMMON COUNCIL URGING PASSAGE OF ALL SEVEN BILLS OF THE CRASH VICTIM RIGHTS AND SAFETY ACT IN THE NEW YORK STATE LEGISLATURE Resolutions Introduced (a) 18.22.22R Anane A RESOLUTION OF THE COMMON COUNCIL SUPPORTING UNIVERSAL CHILD CARE (a) Pending Discussions at Caucus on Wednesday, February 16, 2022 @5:30pm VIA ZOOM (2/11/2022) STATE OF NEW YORK ________________________________________________________________________ 7782 2021-2022 Regular Sessions IN ASSEMBLY May 21, 2021 ___________ Introduced by M. of A. J. D. RIVERA -- read once and referred to the Committee on Transportation AN ACT to amend the highway law, in relation to enabling safe access to public roads for all users by utilizing complete street design princi- ples The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 331 of the highway law, as added 2 by chapter 398 of the laws of 2011, is amended to read as follows: 3 (a) For all state, county and local transportation projects that are 4 undertaken by the department or receive both federal and state funding 5 and are subject to department of transportation oversight, the depart- 6 ment or agency with jurisdiction over such projects shall consider the 7 convenient access and mobility on the road network by all users of all 8 ages, including motorists, pedestrians, bicyclists, and public transpor- 9 tation users through the use of complete street design features in the 10 planning, design, construction, reconstruction and rehabilitation, [but 11 not including resurfacing, maintenance, or pavement recycling of such 12 projects] resurfacing, maintenance and pavement recycling of such 13 projects. 14 § 2. Paragraph (iii) of subdivision (c) of section 331 of the highway 15 law, as added by chapter 398 of the laws of 2011, is amended to read as 16 follows: 17 (iii) demonstrated lack of need as determined by factors, including, 18 but not limited to, land use, current and projected traffic volumes, 19 including population density, or [demonstrates] demonstrated lack of 20 community support; or 21 § 3. This act shall take effect immediately, provided that it shall 22 not apply to transportation projects undertaken or approved prior to the 23 date on which this act shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07036-01-1 STATE OF NEW YORK ________________________________________________________________________ 524 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing speed limits in cities with populations in excess of one million people The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Sammy's law". 2 § 2. Paragraphs 26 and 27 of subdivision (a) of section 1642 of the 3 vehicle and traffic law, paragraph 26 as added and paragraph 27 as 4 amended by chapter 248 of the laws of 2014, are amended to read as 5 follows: 6 26. (a) With respect to highways (which term for the purposes of this 7 paragraph shall include private roads open to public motor vehicle traf- 8 fic) in such city, other than state highways maintained by the state on 9 which the department of transportation shall have established higher or 10 lower speed limits than the statutory fifty-five miles per hour speed 11 limit as provided in section sixteen hundred twenty of this title, or on 12 which the department of transportation shall have designated that such 13 city shall not establish any maximum speed limit as provided in section 14 sixteen hundred twenty-four of this title, subject to the limitations 15 imposed by section sixteen hundred eighty-four of this title, establish- 16 ment of maximum speed limits at which vehicles may proceed within such 17 city or within designated areas of such city higher or lower than the 18 fifty-five miles per hour maximum statutory limit. [No such speed limit 19 applicable throughout such city or within designated areas of such city 20 shall be established at less than twenty-five miles per hour, except 21 that school speed limits may be established at no less than fifteen 22 miles per hour pursuant to the provisions of section sixteen hundred 23 forty-three of this article.] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03998-01-1 S. 524 2 1 (b) A city shall not lower or raise a speed limit by more than five 2 miles per hour pursuant to this paragraph unless such city provides 3 written notice and an opportunity to comment to the community board or 4 community boards established pursuant to section twenty-eight hundred of 5 the New York city charter with jurisdiction over the area in which the 6 lower or higher speed limit shall apply. Such notice may be provided by 7 electronic mail and shall be provided sixty days prior to the establish- 8 ment of such lower or higher speed limit. 9 [27. (a) Establishment of maximum speed limits below twenty-five miles 10 per hour at which motor vehicles may proceed on or along designated 11 highways within such city for the explicit purpose of implementing traf- 12 fic calming measures as such term is defined herein; provided, however, 13 that no speed limit shall be set below fifteen miles per hour nor shall 14 such speed limit be established where the traffic calming measure to be 15 implemented consists solely of a traffic control sign. Establishment of 16 such a speed limit shall, where applicable, be in compliance with the 17 provisions of sections sixteen hundred twenty-four and sixteen hundred 18 eighty-four of this chapter. Nothing contained herein shall be deemed to 19 alter or affect the establishment of school speed limits pursuant to the 20 provisions of section sixteen hundred forty-three of this article. For 21 the purposes of this paragraph, "traffic calming measures" shall mean 22 any physical engineering measure or measures that reduce the negative 23 effects of motor vehicle use, alter driver behavior and improve condi- 24 tions for non-motorized street users such as pedestrians and bicyclists. 25 (b) Any city establishing maximum speed limits below twenty-five miles 26 per hour pursuant to clause (i) of this subparagraph shall submit a 27 report to the governor, the temporary president of the senate and the 28 speaker of the assembly on or before March first, two thousand fifteen 29 and biannually thereafter on the results of using traffic calming meas- 30 ures and speed limits lower than twenty-five miles per hour as author- 31 ized by this paragraph. This report shall also be made available to the 32 public by such city on its website. Such report shall include, but not 33 be limited to the following: 34 (i) a description of the designated highways where traffic calming 35 measures and a lower speed limit were established and 36 (ii) a description of the specific traffic calming measures used and 37 the maximum speed limit established and 38 (iii) a comparison of the aggregate type, number, and severity of 39 accidents reported on streets on which street calming measures and lower 40 speed limits were implemented in the year preceding the implementation 41 of such measures and policies and the year following the implementation 42 of such measures and policies, to the extent this information is main- 43 tained by any agency of the state or the city.] 44 § 3. This act shall take effect immediately. STATE OF NEW YORK ________________________________________________________________________ 1078--A 2021-2022 Regular Sessions IN SENATE January 6, 2021 ___________ Introduced by Sens. GOUNARDES, BIAGGI, MAY, MYRIE, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to requiring instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502 2 of the vehicle and traffic law, paragraph (a) as amended by chapter 585 3 of the laws of 2002, subparagraph (i) of paragraph (a) and paragraphs 4 (b) and (d) as amended by chapter 513 of the laws of 2019, are amended 5 and a new paragraph (c-5) is added to read as follows: 6 (a) (i) Upon submission of an application for a driver's license, the 7 applicant shall be required to take and pass a test, or submit evidence 8 of passage of a test, with respect to the laws relating to traffic, the 9 laws relating to driving while ability is impaired and while intoxicat- 10 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 11 awareness [and], "Motorcycle Safety" awareness and "Pedestrian and Bicy- 12 clist Safety" awareness as defined by the commissioner, "School Bus 13 Safety" awareness, the law relating to exercising due care to avoid 14 colliding with a parked, stopped or standing authorized emergency vehi- 15 cle or hazard vehicle pursuant to section eleven hundred forty-four-a of 16 this chapter, the ability to read and comprehend traffic signs and 17 symbols and such other matters as the commissioner may prescribe, and to 18 satisfactorily complete a course prescribed by the commissioner of not 19 less than four hours and not more than five hours, consisting of class- 20 room driver training and highway safety instruction or the equivalent 21 thereof. Such test shall include at least seven written questions 22 concerning the effects of consumption of alcohol or drugs on the ability EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03118-02-1 S. 1078--A 2 1 of a person to operate a motor vehicle and the legal and financial 2 consequences resulting from violations of section eleven hundred nine- 3 ty-two of this chapter, prohibiting the operation of a motor vehicle 4 while under the influence of alcohol or drugs. Such test shall include 5 one or more written questions concerning the devastating effects of 6 "Road Rage" on the ability of a person to operate a motor vehicle and 7 the legal and financial consequences resulting from assaulting, threat- 8 ening or interfering with the lawful conduct of another person legally 9 using the roadway. Such test shall include one or more questions 10 concerning the potential dangers to persons and equipment resulting from 11 the unsafe operation of a motor vehicle in a work zone. Such test may 12 include one or more questions concerning motorcycle safety. Such test 13 may include one or more questions concerning the law for exercising due 14 care to avoid colliding with a parked, stopped or standing vehicle 15 pursuant to section eleven hundred forty-four-a of this chapter. Such 16 test may include one or more questions concerning school bus safety. 17 Such test shall also include one or more questions concerning how to 18 safely pass a bicyclist on the road, or one or more questions concerning 19 the dangers of motor vehicles to bicyclists and pedestrians, or one or 20 more questions concerning the law for exercising due care to avoid 21 colliding with a bicyclist, pedestrian or domestic animal pursuant to 22 section eleven hundred forty-six of this chapter. Such test shall be 23 administered by the commissioner. The commissioner shall cause the 24 applicant to take a vision test and a test for color blindness. Upon 25 passage of the vision test, the application may be accepted and the 26 application fee shall be payable. 27 (ii) The commissioner shall promulgate rules and regulations estab- 28 lishing eligibility standards for the taking and passing of knowledge 29 tests in other than written form. 30 (b) Upon successful completion of the requirements set forth in para- 31 graph (a) of this subdivision which shall include an alcohol and drug 32 education component as described in paragraph (c) of this subdivision, a 33 "Road Rage" awareness component as described in paragraph (c-1) of this 34 subdivision [and], a "Work Zone Safety" awareness component as described 35 in paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 36 component as described in paragraph (c-3) of this subdivision, [and] a 37 "School Bus Safety" awareness component as described in paragraph (c-4) 38 of this subdivision, and a "Pedestrian and Bicyclist Safety" awareness 39 component as described in paragraph (c-5) of this subdivision, the 40 commissioner shall cause the applicant to take a road test in a repre- 41 sentative vehicle of a type prescribed by the commissioner which shall 42 be appropriate to the type of license for which application is made, 43 except that the commissioner may waive the road test requirements for 44 certain classes of applicants. The commissioner shall have the power to 45 establish a program to allow persons other than employees of the depart- 46 ment to conduct road tests in representative vehicles when such tests 47 are required for applicants to obtain a class A, B or C license. If she 48 chooses to do so, she shall set forth her reasons in writing and conduct 49 a public hearing on the matter. She shall only establish such a program 50 after holding the public hearing. 51 (c-5) "Pedestrian and Bicyclist Safety" awareness component. (i) The 52 commissioner shall provide in the pre-licensing course, set forth in 53 paragraph (b) of this subdivision, a mandatory component in "Pedestrian 54 and Bicyclist Safety" awareness education as a prerequisite for obtain- 55 ing a license to operate a motor vehicle. The purpose of the component 56 is to educate prospective licensees on the potential dangers to pedes- S. 1078--A 3 1 trians, bicyclists, and other non-motorized vehicles created by motor 2 vehicles. 3 (ii) The curriculum shall include, but shall not be limited to, an 4 overview of traffic laws governing motor vehicle operators' duty to 5 exercise due care with respect to pedestrians and bicyclists, including 6 but not limited to understanding bicyclists' and pedestrians' needs and 7 reduced visibility, respecting bicyclists' and pedestrians' rights of 8 way, safe operation near bicyclists and pedestrians, including children 9 and blind, deaf, elderly and disabled pedestrians, bicycle lanes as 10 defined in section one hundred two-a of this chapter, safely overtaking 11 a bicycle, the dangers of distracted driving, driving at appropriate 12 reduced speeds when special hazards exist with respect to pedestrians or 13 other weather or highway conditions, safely turning, stopping, standing, 14 and parking, motor vehicle operators' obligations to comply with article 15 twenty-two of this chapter, and traffic control devices and markings 16 related to bicyclists and pedestrians. 17 (iii) In developing such curriculum, the commissioner shall consult 18 with the commissioner of transportation, the superintendent of the state 19 police, the commissioners of transportation and police of the city of 20 New York, medical professionals and bicycle and pedestrian safety advo- 21 cates. 22 (d) The commissioner shall make available for distribution upon regis- 23 tration at each location where the pre-licensing course will be given, 24 instructional handbooks outlining the content of the entire curriculum 25 of the pre-licensing course including the information required to be 26 included in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3) 27 [and], (c-4) and (c-5) of this subdivision. The commissioner shall also 28 provide for the additional training of the instructors necessary for the 29 competent instruction of the alcohol and drug education, "Road Rage" 30 awareness, "Work Zone Safety" awareness, "Motorcycle Safety" awareness 31 [and], "School Bus Safety" awareness and "Pedestrian and Bicyclist Safe- 32 ty" awareness subject matters of the pre-licensing course. 33 § 2. This act shall take effect on the one hundred eightieth day after 34 it shall have become a law. STATE OF NEW YORK ________________________________________________________________________ 2021 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing cities, villages and towns to reduce the speed limit to twenty-five miles per hour The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1643 of the vehicle and traffic law, as amended by 2 chapter 412 of the laws 2012, is amended to read as follows: 3 § 1643. Speed limits on highways in cities and villages. The legisla- 4 tive body of any city or village with respect to highways (which term 5 for the purposes of this section shall include private roads open to 6 public motor vehicle traffic) in such city or village, other than state 7 highways maintained by the state on which the department of transporta- 8 tion shall have established higher or lower speed limits than the statu- 9 tory fifty-five miles per hour speed limit as provided in section 10 sixteen hundred twenty of this title, or on which the department of 11 transportation shall have designated that such city or village shall not 12 establish any maximum speed limit as provided in section sixteen hundred 13 twenty-four of this title, subject to the limitations imposed by section 14 sixteen hundred eighty-four of this title may by local law, ordinance, 15 order, rule or regulation establish maximum speed limits at which vehi- 16 cles may proceed within such city or village, within designated areas of 17 such city or village or on or along designated highways within such city 18 or village higher or lower than the fifty-five miles per hour maximum 19 statutory limit. No such speed limit applicable throughout such city or 20 village or within designated areas of such city or village shall be 21 established at less than thirty miles per hour; except that (i) the 22 legislative body of any city or village may by local law, ordinance, 23 order, rule or regulation establish a maximum speed limit of twenty-five 24 miles per hour applicable throughout such city or village, and (ii) in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02142-01-1 S. 2021 2 1 the city of Long Beach, in the county of Nassau, speed limits may be 2 established at not less than fifteen miles per hour on any portion of 3 the following highways in such city: Cleveland avenue, Harding avenue, 4 Mitchell avenue, Belmont avenue, Atlantic avenue, Coolidge avenue, 5 Wilson avenue and Taft avenue. No such speed limit applicable on or 6 along designated highways within such city or village shall be estab- 7 lished at less than twenty-five miles per hour, except that school speed 8 limits may be established at not less than fifteen miles per hour, for a 9 distance not to exceed one thousand three hundred twenty feet, on a 10 highway passing a school building, entrance or exit of a school abutting 11 on the highway and except that within the cities of Buffalo and Roches- 12 ter speed limits may be established at not less than fifteen miles per 13 hour for any portion of a highway within a city park. 14 § 2. Section 1662-a of the vehicle and traffic law, as amended by 15 chapter 405 of the laws of 2012, is amended to read as follows: 16 § 1662-a. Speed limits in certain towns. The town board of any subur- 17 ban town governed pursuant to article three-A of the town law and the 18 town board of any other town having a population exceeding fifty thou- 19 sand, with respect to highways (which term for the purposes of this 20 section shall include private roads open to public motor vehicle traf- 21 fic) in such towns outside any village, other than state highways main- 22 tained by the state on which the department of transportation shall have 23 established higher or lower speed limits than the statutory fifty-five 24 miles per hour speed limit as provided in section sixteen hundred twenty 25 of this title, or on which the department of transportation shall have 26 designated that such towns shall not establish any maximum speed limit 27 as provided in section sixteen hundred twenty-four of this title, 28 subject to the limitations imposed by section sixteen hundred eighty- 29 four of this title may by local law, ordinance, order, rule or regu- 30 lation establish maximum speed limits at which vehicles may proceed 31 within such towns, within designated areas of such towns or on or along 32 designated highways within such towns lower than the fifty-five miles 33 per hour maximum statutory limit. No such speed limit applicable 34 throughout such towns or within designated areas of such towns shall be 35 established at less than thirty miles per hour, except that (i) a town 36 board may by local law, ordinance, order, rule or regulation establish a 37 maximum speed limit of twenty-five miles per hour applicable throughout 38 such town and (ii) in the town of Hempstead speed limits may be estab- 39 lished at not less than fifteen miles per hour on any portion of a high- 40 way in the community known as Point Lookout and on all or any portion of 41 the following highways in the community known as Lido Beach: Ocean 42 Boulevard, Allevard Street, Bath Street, Buxton Street, Cheltenham 43 Street, Pinehurst Street, Harrogate Street, Matlock Street, Nantwick 44 Street, Biarritz Street, Royat Street, Luchon Street, Woodhail Street, 45 Leamington Street, Saratoga Street, Kensington Street, and Prescott 46 Street; provided, however, that no such speed limit in such town may be 47 established unless a majority of the residents of each such community 48 file a petition with the town board of such town requesting such speed 49 limit. No such speed limit applicable on or along designated highways 50 within such towns shall be established at less than twenty-five miles 51 per hour, except that school speed limits may be established at not less 52 than fifteen miles per hour, for a distance not to exceed one thousand 53 three hundred twenty feet, on a highway passing a school building, 54 entrance or exit of a school abutting on the highway, and except further 55 that in the town of Hempstead speed limits may be established at not 56 less than fifteen miles per hour on any portion of a highway in the S. 2021 3 1 communities known as Point Lookout and Lido Beach; provided, however, 2 that no such speed limit in such town may be established unless a major- 3 ity of the residents of each such community file a petition with the 4 town board of such town requesting such speed limit. 5 § 3. Subdivision 2 of section 1622 of the vehicle and traffic law, as 6 amended by chapter 83 of the laws of 1969, is amended to read as 7 follows: 8 2. Establish maximum speed limits at which vehicles may proceed on or 9 along all such highways lying within an area or areas as designated by a 10 description of the boundaries of such area or areas submitted by the 11 county superintendent of highways of a county and the town board of the 12 town or towns affected lower than fifty-five miles per hour statutory 13 maximum speed limit. No such limit shall be established at less than 14 [thirty] twenty-five miles per hour. 15 § 4. This act shall take effect immediately. STATE OF NEW YORK ________________________________________________________________________ 3897 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sens. KENNEDY, KAPLAN, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the highway law, in relation to complete street design features and funding of construction and improvements at a munici- palities' expense The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 80-b of the highway law, as 2 amended by section 3 of part A of chapter 57 of the laws of 2014, is 3 amended to read as follows: 4 1. In connection with the undertaking of any project for which the 5 commissioner is authorized to use moneys of the federal government 6 pursuant to the provisions of subdivision thirty-four-a of section ten 7 and section eighty of this chapter to assure the effective discharge of 8 state responsibilities with respect to regional transportation needs, on 9 highways, roads, streets, bicycle paths or pedestrian paths that are not 10 on the state highway system, the commissioner shall submit such project 11 to the governing body or bodies of the affected municipality or munici- 12 palities together with estimates of costs thereof. If such project 13 includes a municipal project, as that term is defined in accordance with 14 article thirteen of the transportation law, the state share of such 15 municipal project shall also be included. If such project includes a 16 project affecting a highway, road, street, bicycle path or pedestrian 17 path not on the state highway system, the state share shall be equal to 18 eighty percent of the difference between the total project cost and the 19 federal assistance, provided, however, the state share shall be equal to 20 eighty-seven and one-half percent of the difference between the total 21 project cost and the federal assistance where, in conjunction with such 22 project, the municipality agrees to fund a complete street design 23 feature as defined in section three hundred thirty-one of this chapter, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07586-01-1 S. 3897 2 1 provided, [however] further, the commissioner may increase the state 2 share to an amount equal to one hundred percent of the difference 3 between the total project cost and the federal assistance where he or 4 she determines that the need for the project results substantially from 5 actions undertaken pursuant to section ten of this chapter. No such 6 project shall proceed without the approval of the governing body of a 7 municipality. Such governing body may request the commissioner to under- 8 take the provision of such project. If the commissioner agrees to such 9 undertaking he or she shall notify the local governing body which shall 10 appropriate sufficient moneys to pay the estimated amount of the munici- 11 pal share. Such moneys shall be deposited with the state comptroller who 12 is authorized to receive and accept the same for the purposes of such 13 project, subject to the draft or requisition of the commissioner. When 14 the work of such project has been completed, the commissioner shall 15 render to the governing body of such municipality an itemized statement 16 showing in full (a) the amount of money that has been deposited by such 17 municipality with the state comptroller as hereinbefore provided, and 18 (b) all disbursements made pursuant to this section for such project. 19 Any surplus moneys shall be paid to such municipality on the warrant of 20 the comptroller on vouchers therefor approved by the commissioner. When 21 the work of such project has been completed and it is determined by the 22 commissioner that the amount of the cost to be borne by the municipality 23 is in excess of the amount deposited by such municipality with the state 24 comptroller, the commissioner shall then notify the municipality of the 25 deficiency of funds. The municipality shall then within ninety days of 26 the receipt of such notice, pay such amount to the state comptroller. 27 For purposes of this section, the term "municipality" shall include a 28 city, county, town, village or two or more of the foregoing acting 29 jointly. 30 § 2. This act shall take effect one year after it shall have become a 31 law and shall apply to project agreements entered into on and after such 32 date. STATE OF NEW YORK ________________________________________________________________________ 8152 IN SENATE January 26, 2022 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the labor law, in relation to enacting the "crash victims bill of rights" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "crash 2 victims bill of rights". 3 § 2. The vehicle and traffic law is amended by adding a new section 4 607 to read as follows: 5 § 607. Reports; injured or killed persons. Any report of an accident 6 required under this article or under the rules and regulations of the 7 commissioner, in which any person is killed or injured shall be 8 provided, free of charge, to all persons injured as a result of such 9 accident, and to the next of kin of all persons killed as a result of 10 such accident. Each such report shall be provided within ten business 11 days of its receipt by the commissioner. 12 § 3. Subdivision 1 of section 227 of the vehicle and traffic law, as 13 amended by chapter 337 of the laws of 1970, is amended to read as 14 follows: 15 1. a. Every hearing for the adjudication of a traffic infraction, as 16 provided by this article, shall be held before a hearing officer 17 appointed by the commissioner. The burden of proof shall be upon the 18 people, and no charge may be established except by clear and convincing 19 evidence. The commissioner may prescribe, by rule or regulation, the 20 procedures for the conduct of such hearings. 21 b. The commissioner shall prescribe, by rule or regulation, procedures 22 for presentation of victim impact statements by individuals injured 23 during the course of a traffic infraction, or in the case of a death 24 resulting from such traffic infraction, from the deceased's next of kin, 25 at hearings for the adjudication of a traffic infraction under this 26 section. 27 § 4. The labor law is amended by adding a new section 202-n to read as 28 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14446-02-2 S. 8152 2 1 § 202-n. Leave of absence for traffic hearings; impact statements. 1. 2 For the purposes of this section, the following terms shall have the 3 following meanings: 4 (a) "Employee" means a person who performs services for hire for an 5 employer, for an average of twenty or more hours per week, and includes 6 all individuals employed at any site owned or operated by an employer, 7 but shall not include an independent contractor. 8 (b) "Employer" means a person or entity that employs twenty or more 9 employees at at least one site and includes an individual, corporation, 10 partnership, association, nonprofit organization, group of persons, 11 county, town, city, school district, public authority or other govern- 12 mental subdivision of any kind. 13 2. An employer shall grant a leave of absence to an employee providing 14 an impact statement at a traffic infraction adjudication hearing under 15 section two hundred twenty-seven of the vehicle and traffic law, and who 16 is eligible to do so pursuant to rules and regulations promulgated 17 pursuant to paragraph b of subdivision one of such section. The length 18 of such leave shall not exceed four work hours, unless otherwise agreed 19 to by such employer. 20 3. An employer shall not retaliate against an employee for requesting 21 or obtaining a leave of absence as provided by this section for the 22 purpose of providing a victim impact statement at a traffic infraction 23 adjudication hearing under section two hundred twenty-seven of the vehi- 24 cle and traffic law. 25 4. The provisions of this section shall not prevent an employer from 26 granting a leave of absence to an employee providing a victim impact 27 statement at a traffic infraction adjudication hearing under section two 28 hundred twenty-seven of the vehicle and traffic law in addition to leave 29 allowed under any other provision of law. The provisions of this section 30 shall not affect an employee's rights with respect to any other employee 31 benefit otherwise provided by law. 32 § 5. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law. STATE OF NEW YORK ________________________________________________________________________ 4529 2021-2022 Regular Sessions IN SENATE February 5, 2021 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to operators of a vehicle overtaking a bicycle from behind The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1122-a of the vehicle and traffic law, as added by 2 chapter 413 of the laws of 2010, is amended to read as follows: 3 § 1122-a. Overtaking a bicycle. [The] For cities having a population 4 of less than one million and towns and villages, the operator of a vehi- 5 cle overtaking, from behind, a bicycle proceeding on the same side of a 6 roadway shall pass to the left of such bicycle at a [safe] distance of 7 not less than three feet until safely clear thereof. 8 § 2. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07919-01-1 STATE OF NEW YORK ________________________________________________________________________ 7595 2021-2022 Regular Sessions IN SENATE December 15, 2021 ___________ Introduced by Sen. BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the social services law and the education law, in relation to the provision of universal child care; to amend chapter 493 of the laws of 2017 amending the social services law relating to establishing a child care availability taskforce to evaluate the need for and availability of child care throughout the state, in relation to the effectiveness thereof; to amend the state finance law, in relation to establishing certain funds to provide for the establish- ment and funding of universal child care; to repeal certain provisions of the social services law relating thereto; and making an appropri- ation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "universal 2 child care act". 3 § 2. Legislative findings. The legislature hereby finds and declares 4 that New York State's child care sector is facing an economic crisis. In 5 2018, the legislature created a Child Care Availability Task Force. In 6 2021, that Task Force issued its final report, finding that the current 7 crisis "requires a dramatically different approach to child care: one 8 that recognizes that high-quality child care is a public good and that 9 provides the necessary public investment" to implement a system of high- 10 quality universal child care. This legislation will move New York 11 towards such a dramatically new system, where child care workers are 12 treated with dignity and compensated generously as the educators that 13 they are, where child care is free and available to all just like our 14 public education system is free and available for all, where burdensome 15 and ineffective means-testing requirements are ultimately eliminated, 16 where public investments are directed towards those most in need as we 17 build out our important child care infrastructure, where families have a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14016-01-1 S. 7595 2 1 meaningful ability to select the modalities that work best for their 2 children, where child care providers are not forced to compete against 3 each other, where high-quality is ensured for all so that we do not have 4 a two-tiered child care system where the wealthy have high-quality care 5 and the working poor have substandard care, where both federal and state 6 funding is allocated generously, where the burden on localities is mini- 7 mized, and where our child care system is truly universal. 8 § 3. Section 390-k of the social services law, as added by chapter 493 9 of the laws of 2017, subdivisions 2, 3, and 4 as amended by chapter 33 10 of the laws of 2018, is amended to read as follows: 11 § 390-k. Child care availability taskforce. 1. There shall be estab- 12 lished within the office of children and family services a child care 13 taskforce for the purpose of [evaluating the need for and availability 14 of child care throughout the state] guiding New York towards a system of 15 free and universal child care. 16 2. The taskforce shall be chaired by a representative of the executive 17 chamber and the commissioners of the office of children and family 18 services [and], the department of labor and the department of education, 19 or their designees. Members of the taskforce shall serve without compen- 20 sation for three year terms, but may be reimbursed for actual costs 21 incurred for participation on such taskforce. Ensuring adequate 22 geographic representation, members of the taskforce shall be appointed 23 by the governor and comprised as follows: 24 (a) three individuals shall be appointed upon the recommendation of 25 the speaker of the assembly, at least one of whom shall be a parent who 26 has utilized subsidized child care; 27 (b) three individuals shall be appointed upon the recommendation of 28 the temporary president of the senate, at least one of whom shall be a 29 parent who has utilized subsidized child care; 30 (c) two representatives of a child care resource and referral agency; 31 (d) two representatives of home-based child care providers; 32 (e) two representatives of center-based child care providers; 33 (f) two representatives from the business community; 34 (g) two representatives from unions that represent child care provid- 35 ers; and 36 (h) at least one representative from each of the following entities: 37 (i) the office of temporary and disability assistance; 38 (ii) the council on children and families; 39 (iii) the department of taxation and finance; 40 (iv) a regional economic development council; 41 (v) the state university of New York or the city university of New 42 York; 43 (vi) the state education department; 44 (vii) the early childhood advisory council; 45 (viii) a social service district or county government or an entity 46 that advocates on behalf of social services or county governments; and 47 (ix) a non-profit child care advocacy organization. 48 3. The taskforce shall advise the state in developing an implementa- 49 tion framework leading to an expeditious phased-in rollout of universal 50 child care using existing state and federal resources and shall examine 51 the following: 52 (a) [affordable child care with a focus on the cost of care for fami- 53 lies and factors that contribute to such costs] how to implement a truly 54 universal child care system that is free at the point of service for all 55 families and delivers high-quality child care to all New Yorkers, with a 56 four-year phase-in that follows priorities and principles: where expan- S. 7595 3 1 sions are targeted to first cover low-income families, historically 2 underserved communities and families facing complex needs, including 3 children with disabilities and child welfare involvement; where work 4 requirements, activities tests, and immigration status requirements for 5 low-income families are all eliminated; where the phase-in takes all 6 reasonable steps to avoid benefits' cliffs; where reasonable steps are 7 taken to guard against increases in costs for middle-income families; 8 and where the roll-out of universal child care is coordinated with the 9 expansions to universal pre-K and 3-K for all programs so that such 10 programs do not cause unintentional harm to child care providers; 11 (b) [access to and availability of subsidized child care, including 12 the identification of] how to eliminate the barriers families eligible 13 under state law face obtaining or utilizing [such] subsidies; 14 (c) how to ensure the availability of child care for non-traditional 15 work hours, and identification of the funding that would be needed to 16 expand facilities that cover such non-traditional work hours; 17 (d) whether parents are voluntarily leaving the workforce due to lack 18 of [affordable or accessible] child care, and the demographic informa- 19 tion of such parents, if known; 20 (e) whether employers have identified lack of child care as a reason 21 for a shortage of a qualified workforce; 22 (f) the impact of child care, or lack thereof, on economic development 23 throughout the state; 24 (g) varying levels of quality of care throughout the state; 25 (h) availability of quality child care by economic development region 26 including identification of underserved communities and recommendations 27 making available free, high-quality child care in such communities; 28 (i) whether regulatory or statutory changes could promote free and 29 universal access to high-quality child care and improve health and safe- 30 ty standards in child care programs; 31 (j) [business] incentives to institutions that offer child care to 32 increase universal and free child care [access and the impact on tax 33 credits and deductions relating to child care]; 34 (k) ways to address concerns identified in the course of the examina- 35 tion required by this subdivision; [and] 36 (l) the existence of illegal and unregulated child care providers, the 37 labor conditions of employees at such facilities, and regulatory recom- 38 mendations for approaching such providers; 39 (m) disparities in the quality of child care provided to families of 40 different economic backgrounds, and the funding needed to provide high- 41 quality child care for all; 42 (n) the factors contributing to the success of implementing universal 43 pre-k programs in the state and the unintended consequences impacting 44 child care providers, particularly family-based providers, in the state, 45 together with recommendations; 46 (o) how to implement federal funding for child care and universal 47 pre-k in a way that maximizes federal appropriations, allows the state 48 to achieve and fund a more expansive program that is not restricted by 49 narrow and restrictive means-testing requirements and implements 50 universal pre-k funding in a manner where the state education department 51 and the office of children and family services coordinate so that such 52 funding is allocated in a manner that supports and expands the state's 53 child care providers, rather than harming existing programs; 54 (p) how to ensure an expeditious phased-in rollout of universal child 55 care using existing state and federal resources, in no more than four 56 years, with an emphasis on building out necessary infrastructure and S. 7595 4 1 providing care for those most in need while we move towards a truly 2 universal system; 3 (q) how best to phase in the establishment of a permanent department 4 of early education and care, which shall possess the duties required to 5 maintain and administer the free and high-quality universal child care 6 system pursuant to the recommendations of the taskforce; 7 (r) anything else the taskforce deems necessary. 8 4. The taskforce shall report [its interim findings and recommenda- 9 tions in accordance with subdivision three of this section to the gover- 10 nor, the speaker of the assembly and the temporary president of the 11 senate no later than November first, two thousand eighteen and its final 12 findings and recommendations no later than December thirty-first, two 13 thousand twenty] a four-year plan for a phased roll-out of universal 14 child care in the state, and make annual recommendations, starting in 15 November two thousand twenty-two and each November thereafter through 16 November two thousand twenty-five, for specific appropriations for budg- 17 et allocations that would allow for a truly free and universal child 18 care system, including, but not limited to: (i) wage increases for child 19 care workers that allow them to achieve pay parity with public school 20 teachers; (ii) capital expenditures to allow for the expansion of child 21 care infrastructure into communities most in need; and (iii) startup 22 funds to allow for the creation of new child care programs in child care 23 deserts. Such recommendations shall include recommendations to identify 24 all reasonable means of maximizing the allocation of federal funds, as 25 well as supplemental funding from the state that would allow for a truly 26 free and universal child care system. The taskforce report shall further 27 make recommendations for the integration of child care programs into 28 existing public programs, such as public schools, public universities, 29 and public housing, to deliver high-quality child care to all New York- 30 ers. Such recommendations shall be based on what is needed to actually 31 achieve a high-quality universal child care system in the state, and 32 what additional funding would be needed from the state to achieve that 33 goal. Each year, following the annual state budget, the taskforce shall 34 also provide a score card stating how close New York has come to achiev- 35 ing a high-quality universal child care system, provided, however, that 36 taskforce members who are employees of the governor's office and the 37 state legislature shall recuse themselves from such rating process. The 38 taskforce shall report its findings annually through November two thou- 39 sand twenty-five. 40 § 4. Subdivision 8 of section 390 of the social services law, as added 41 by chapter 750 of the laws of 1990, is amended to read as follows: 42 8. The [department] office of children and family services shall 43 establish and maintain a list of all current registered and licensed 44 child day care programs and a list of all programs whose license or 45 registration has been revoked, rejected, terminated, or suspended. [Such 46 information shall be available to the public, pursuant to procedures 47 developed by the department] The office of children and family services 48 shall work with service providers and child care resource and referral 49 agencies throughout the state to gather information to create and main- 50 tain a publicly-searchable, user-friendly, and language-accessible data- 51 base of available child care facilities on the office's website and on a 52 companion phone application. Such database shall be updated in real 53 time and shall provide and be searchable by the following information: 54 (a) the name and address of the facility; 55 (b) the capacity of the facility; S. 7595 5 1 (c) whether the facility is fully enrolled or has current availabili- 2 ty, with the available capacity specified by age group; 3 (d) whether the facility has a waiting list for which a family can 4 apply; 5 (e) the age range allowable for the facility; 6 (f) the modality for the facility; 7 (g) the operating hours for the facility; 8 (h) the language or languages spoken at the facility; and 9 (i) whether the facility has been cited for any violations, with any 10 such violations separated into "dangerous" and "non-dangerous" catego- 11 ries, and prominent notices indicating whether any such violations have 12 been cured or addressed. 13 The office of children and family services shall provide information 14 on its website in English, French, Polish, and the ten most common non- 15 English languages spoken by individuals with limited English proficiency 16 in the state, based on United States census data. 17 § 5. Subdivision 1 of section 410 of the social services law, as added 18 by chapter 395 of the laws of 1965, is amended to read as follows: 19 1. A public welfare official of a county, city or town is [authorized] 20 obligated, provided funds have been made available therefor, to provide 21 day care at public expense for children residing in his or her territory 22 [who are eligible therefor pursuant to provisions of this title. Such 23 care may be provided only in cases where it is determined, under crite- 24 ria established by the department, that there is a need therefor because 25 of inability of the parents to provide care and supervision for a 26 substantial part of the day and that such care is in the best interest 27 of the child and parent. Where the family is able to pay part or all of 28 the costs of such care, payment of such fees as may be reasonable in the 29 light of such ability shall be required] with the aim of providing free 30 and universal child care for all families within such territory. 31 § 6. Subdivision 2 of section 410-b of the social services law, as 32 added by chapter 395 of the laws of 1965 and as renumbered by chapter 33 640 of the laws of 1971, is amended and a new subdivision 5 is added to 34 read as follows: 35 2. The [department of social welfare] office of children and family 36 services is hereby designated and empowered to act as the agent of the 37 state in carrying out the provisions of any such federal law with 38 respect to such day care facilities in this state. In exercising this 39 duty as agent of the state, the office of children and family services 40 shall seek to obtain any waivers or permissions from federal agencies 41 necessary and proper to allow the state and its various subdivisions to 42 implement a child care system that is universal and free at the point of 43 service, notwithstanding that the state's child care system may be more 44 expansive than what is being reimbursed with federal funds. 45 5. To the extent that federal funds are offered for child care and are 46 contingent on matching funds from the state, the state shall make all 47 reasonable efforts to maximize the allocation of federal funds by making 48 sufficient state-level appropriations. 49 § 7. Subdivisions 5, 6, 7 and 8 of section 410-x of the social 50 services law are renumbered subdivisions 6, 7, 8 and 9 and a new subdi- 51 vision 5 is added to read as follows: 52 5. (a) For each group for which the office of children and family 53 services determines a separate payment rate pursuant to subdivision four 54 of this section, and at the same frequency, such office shall utilize a 55 cost estimation model to determine the actual cost providers incur when 56 providing high-quality child care. The cost estimation model shall iden- S. 7595 6 1 tify and take into account cost drivers including but not limited to 2 employee salary and benefits, enrollment levels, facility costs and 3 compliance with statutory and regulatory requirements. Where a quality 4 rating system or any quality indicators are being utilized, the cost 5 estimation model shall also take into account the cost of providing 6 services at each level of quality. 7 (b) In developing such model the office of children and family 8 services shall consult with stakeholders including, but not limited to, 9 representatives of child care resource and referral agencies, child care 10 providers, labor leaders for any labor unions representing child care 11 workers in the state, and any state advisory council established pursu- 12 ant to 42 U.S.C.S. § 9831 et. seq., as amended. The cost estimation 13 model shall be statistically valid, using complete and current data and 14 rigorous collection methods. The cost estimation model shall further 15 account for biases in reported data that tend to underestimate the cost 16 of care, and shall make appropriate adjustments. 17 § 8. Section 410-z of the social services law, as added by section 52 18 of part B of chapter 436 of the laws of 1997, is amended to read as 19 follows: 20 § 410-z. Reporting requirements. 1. Each social services district 21 shall collect and submit to the [department] office of children and 22 family services, in such form and at such times as specified by the 23 [department] office of children and family services, such data and 24 information regarding child care assistance provided under the block 25 grant as the [department] office of children and family services may 26 need to comply with federal reporting requirements. 27 2. The office of children and family services shall prepare a report 28 detailing the actual cost providers incur when providing child care in 29 each setting, as determined by the cost estimation model established in 30 paragraph (a) of subdivision five of section four hundred ten-x of this 31 title. The report shall detail cost data for each setting, age group, 32 care provided to children with special needs, and any other grouping for 33 which a separate cost estimation is conducted. Such data shall include: 34 (a) the level of quality care as determined by a quality rating system 35 or any quality indicators utilized by the state; 36 (b) a description of the major cost drivers for providing care; and 37 (c) a comparison of the costs of child care for each grouping to the 38 market rate determined by the office of children and family services 39 pursuant to subdivision four of section four hundred ten-x of this 40 title. 41 The report shall be submitted to the governor, the speaker of the 42 assembly and the temporary president of the senate by June first, two 43 thousand twenty-three and June first of every other year thereafter. The 44 office of children and family services shall post the information 45 contained in the report on its website. 46 § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c 47 of the social services law, subdivision 1 as added by chapter 1014 of 48 the laws of 1969, paragraph (a) of subdivision 1 as amended by chapter 49 110 of the laws of 1971, and paragraph (b) of subdivision 5 as amended 50 by chapter 277 of the laws of 1990, and such section as renumbered by 51 chapter 640 of the laws of 1971, are amended to read as follows: 52 1. (a) Expenditures made by counties, cities, and towns for day care 53 and its administration, and day care center projects, pursuant to the 54 provisions of this title, shall, if approved by the department, be 55 subject to reimbursement by the state, in accordance with the regu- 56 lations of the department, as follows: There shall be paid to each coun- S. 7595 7 1 ty, city or town (1) the amount of federal funds, if any, properly 2 received or to be received on account of such expenditures; (2) [fifty] 3 ninety per centum of its expenditures for day care and its adminis- 4 tration and day care center projects, after first deducting therefrom 5 any federal funds received or to be received on account thereof, and any 6 expenditures defrayed by fees paid by parents or by other private 7 contributions. 8 (b) For the purpose of this title, expenditures for administration of 9 day care shall include expenditures for compensation of employees in 10 connection with the furnishing of day care, including but not limited to 11 costs incurred for pensions, federal old age and survivors insurance and 12 health insurance for such employees; training programs for personnel, 13 operation, maintenance and service costs; and such other expenditures 14 such as equipment costs, depreciation and charges and rental values as 15 may be approved by the department. It [shall not] may include expendi- 16 tures for capital costs in appropriate cases at the discretion of the 17 department, provided that capital costs are prioritized in areas that 18 are categorized as child care deserts. In the case of day care purchased 19 from a non-profit corporation constituting an eligible borrower pursuant 20 to title five-a of this article, expenditures shall include an allocable 21 proportion of all operating costs of such facility as may be approved by 22 the department including but not limited to the expenditures enumerated 23 in this paragraph [(b)] and expenditures for amortization, interest and 24 other financing costs of any mortgage loan made to such non-profit 25 corporation. 26 (b) The commissioner shall, within appropriations made available 27 therefor, select proposed school age child day care programs which shall 28 be eligible to receive an award [of no more than twenty-five thousand 29 dollars] for start up or expansion costs, including planning, rental, 30 operational and equipment costs, or minor renovations identified as 31 being necessary in order for the program to comply with applicable state 32 or local building, fire safety or licensing standards, based on plans 33 submitted to him. The commissioner shall give preference to those areas 34 of the state which are significantly underserved by existing school age 35 child day care programs and to those programs which involve parents in 36 the development and implementation of programs. The commissioner shall 37 publicize this availability of funds to be used for purposes of this 38 subdivision in awarding grants. Plans may be submitted by private not- 39 for-profit corporations, organizations or governmental subdivisions. 40 § 10. Subdivision 8 of section 410-w of the social services law, as 41 amended by section 1 of part Z of chapter 56 of the laws of 2021, is 42 amended to read as follows: 43 8. Notwithstanding any other provision of law, rule or regulations to 44 the contrary, a social services district that implements a plan amend- 45 ment to the child care portion of its child and family services plan, 46 either as part of an annual plan update, or through a separate plan 47 amendment process, where such amendment reduces eligibility for, or 48 increases the family share percentage of, families receiving child care 49 services, or that implements the process for closing child care cases as 50 set forth in the district's approved child and family services plan, due 51 to the district determining that it cannot maintain its current caseload 52 because all of the available funds are projected to be needed for open 53 cases, shall provide all families whose eligibility for child care 54 assistance or family share percentage will be impacted by such action 55 with at least thirty days prior written notice of the action. Provided, 56 however, that a family receiving assistance pursuant to this title shall S. 7595 8 1 not be required to contribute more than what is required by federal law 2 or ten percent of their income exceeding the federal poverty level, 3 whichever is lower, and that such cost shall be covered entirely by the 4 state. 5 § 11. Subdivision 6 of section 410-x of the social services law, as 6 amended by section 2 of part Z of chapter 56 of the laws of 2021, is 7 amended to read as follows: 8 6. Pursuant to department regulations, child care assistance shall be 9 provided on a sliding fee basis based upon the family's ability to pay; 10 provided, however, that a family receiving assistance pursuant to this 11 title shall not be required to contribute more than what is required by 12 federal law or ten percent of their income exceeding the federal poverty 13 level, whichever is lower, and that such cost shall be covered entirely 14 by the state. 15 § 12. Section 410-x of the social services law is amended by adding a 16 new subdivision 9 to read as follows: 17 9. A social services district shall establish differential payment 18 rates for child care services provided by licensed, registered or 19 enrolled child care providers as required by this subdivision. 20 (a) Local social services districts shall establish a differential 21 payment rate for child care services provided by licensed or registered 22 child care providers who provide care to a child or children experienc- 23 ing homelessness. Such differential payment rate shall be twenty percent 24 higher than the actual cost of care or the applicable market-related 25 payment rate established by the office of children and family services 26 in regulations, whichever is less. 27 (b) Local social services districts shall establish a differential 28 payment rate for child care services provided by licensed, registered, 29 or enrolled child care providers who provide care to a child during 30 nontraditional hours. "Nontraditional hours" shall mean care provided in 31 the evening, night, or on the weekend. Such differential payment rate 32 shall be twenty percent higher than the actual cost of care or the 33 applicable market-related payment rate established by the office of 34 children and family services in regulations, whichever is less. 35 (c) The cost of the differential payment rates established under this 36 subdivision shall be covered by the state. 37 § 13. Subdivision 1 of section 410 of the social services law, as 38 added by chapter 395 of the laws of 1965, is amended to read as follows: 39 1. A public welfare official of a county, city or town [is authorized] 40 shall, provided funds have been made available therefor, [to] and with 41 the state making all reasonable efforts to obtain federal funding and 42 supplementing those amounts with additional state funding, provide day 43 care at public expense for children residing in his or her territory who 44 are eligible therefor pursuant to provisions of this title. Such care 45 [may] shall be provided [only in cases where it is determined,] under 46 criteria established by the [department, that there is a need therefor 47 because of inability of the parents to provide care and supervision for 48 a substantial part of the day and that such care is in the best interest 49 of the child and parent] office of children and family services; 50 provided, however, that the public welfare official shall not limit 51 authorized child care services strictly based on the work, training, or 52 educational schedule of the parents or the number of hours the parents 53 spend in work, training, or educational activities, nor shall the 54 public welfare official limit authorized child care services based on 55 proof of immigration status. Where the family [is able to pay part or 56 all of the costs of such care] income is more than one thousand percent S. 7595 9 1 of the poverty line, payment of such fees as may be reasonable in the 2 light of such ability [shall] may be required to the extent necessary as 3 the state transitions to a system that is free and universal. To the 4 extent there are insufficient funds to immediately serve all families, 5 the state shall make all reasonable efforts to incrementally expand to 6 universal access over a period of four years, pursuant to the phase-in 7 priorities and principles recommended by the taskforce under section 8 three hundred ninety-k of this article. 9 § 14. Paragraph (b) of subdivision 3 of section 410 of the social 10 services law is REPEALED and paragraphs (c) and (d) are relettered para- 11 graphs (b) and (c). 12 § 15. Subdivisions 1 and 2 of section 410-bb of the social services 13 law, subdivision 1 as added by chapter 503 of the laws of 1988, subdivi- 14 sion 2 as amended by chapter 659 of the laws of 1988, are amended to 15 read as follows: 16 1. The legislature finds and declares that a crisis exists in the 17 availability and quality of child day care in New York state and that 18 this crisis poses a danger both to the welfare and safety of the chil- 19 dren and to the productivity of this state's workforce; that inadequate 20 salaries and in many cases nonexistent benefit packages have substan- 21 tially contributed to the existing crisis by precluding day care centers 22 from recruiting and retaining necessary teaching and supervisory staff; 23 that an extremely high turnover rate has interfered in many instances 24 with the ability of day care centers to comply with regulatory require- 25 ments and to properly serve the children in their care; and that because 26 of these extraordinary circumstances New York state must intervene and 27 provide assistance for recruitment and retention of child care workers, 28 with the goal of creating a free and universal child care system that is 29 available to all, in the same manner as the public school system, with- 30 out the burdens of means-testing. The legislature recognizes that a 31 long-term solution to this crisis will require cooperative efforts among 32 [the business community, local and state governments and families] all 33 New Yorkers. 34 2. Within amounts appropriated specifically therefor, and after 35 deducting funds as specified in subdivision three of this section, the 36 commissioner shall allocate funds to local social services districts for 37 grants to [eligible not-for-profit day care centers] child care provid- 38 ers for retention and recruitment of teaching and supervisory staff, [as 39 follows: 40 (a) a city social services district with a population in excess of one 41 million shall be allocated a portion of such funds based on an equal 42 weighting of: 43 (i) its proportion of the state population of children aged five and 44 under, and 45 (ii) its proportion of total claims for reimbursement received by the 46 department by May thirty-first, nineteen hundred eighty-eight for the 47 low income, transitional and teen parent day care programs authorized by 48 chapter fifty-three of the laws of nineteen hundred eighty-seven. 49 (b) all other eligible local social services districts shall be allo- 50 cated the remaining portion of funds based on each district's propor- 51 tionate share of licensed not-for-profit day care capacity relative to 52 the total capacity of all such other eligible districts] with the aim of 53 providing staff with salary and benefits that is at parity with that of 54 local public school teachers in the relevant area. 55 § 16. Subdivisions 1 and 2 of section 410-v of the social services 56 law, subdivision 1 as added by section 52 of part B of chapter 436 of S. 7595 10 1 the laws of 1997, subdivision 2 as amended by chapter 214 of the laws of 2 1998, are amended to read as follows: 3 1. The part of the block grant that is determined to be available to 4 social services districts for child care assistance shall be apportioned 5 among the social services districts by the department according to an 6 allocation plan developed by the department and approved by the director 7 of the budget. The allocation plan shall [be based, at least in part, on 8 historical costs and on the availability and cost of, and the need for, 9 child care assistance in each social services district] aim to provide 10 universal and free child care on a statewide basis. Annual allocations 11 shall be made on a federal fiscal year basis and shall incorporate the 12 annual recommendations of the child care taskforce established under 13 section three hundred ninety-k of this article. 14 2. Reimbursement under the block grant to a social services district 15 for its expenditures for child care assistance shall be available for 16 [seventy-five] ninety percent of the district's expenditures for child 17 care assistance provided to those families in receipt of public assist- 18 ance which are eligible for child care assistance under this title and 19 for one hundred percent of the social services district's expenditures 20 for other eligible families[; provided, however, that such reimbursement 21 shall be limited to the social services district's annual state block 22 grant allocation]. To the extent that families are not eligible for 23 funding pursuant to this provision, the state shall make all reasonable 24 efforts to ensure that families not eligible for federally-funded child 25 care have access, phased in over a period of four years, pursuant to the 26 phase-in priorities and principles recommended by the taskforce under 27 section three hundred ninety-k of this article. 28 § 17. Subdivisions 1 and 2 of section 410-w of the social services 29 law, as amended by chapter 569 of the laws of 2001, are amended to read 30 as follows: 31 1. A social services district may use the funds allocated to it from 32 the block grant to provide child care assistance to[: 33 (a) families receiving public assistance when such child care assist- 34 ance is necessary: to enable a parent or caretaker relative to engage in 35 work, participate in work activities or perform a community service 36 pursuant to title nine-B of article five of this chapter; to enable a 37 teenage parent to attend high school or other equivalent training 38 program; because the parent or caretaker relative is physically or 39 mentally incapacitated; or because family duties away from home necessi- 40 tate the parent or caretaker relative's absence; child day care shall be 41 provided during breaks in activities, for a period of up to two weeks. 42 Such child day care may be authorized for a period of up to one month if 43 child care arrangements shall be lost if not continued, and the program 44 or employment is scheduled to begin within such period; 45 (b) families with incomes up to two hundred percent of the state 46 income standard who are attempting through work activities to transition 47 off of public assistance when such child care is necessary in order to 48 enable a parent or caretaker relative to engage in work provided such 49 families' public assistance has been terminated as a result of increased 50 hours of or income from employment or increased income from child 51 support payments or the family voluntarily ended assistance; and, 52 provided that the family received public assistance at least three of 53 the six months preceding the month in which eligibility for such assist- 54 ance terminated or ended or provided that such family has received child 55 care assistance under subdivision four of this section; S. 7595 11 1 (c) families with incomes up to two hundred percent of the state 2 income standard which are determined in accordance with the regulations 3 of the department to be at risk of becoming dependent on family assist- 4 ance; 5 (d) families with incomes up to two hundred percent of the state 6 income standard who are attending a post secondary educational program 7 and working at least seventeen and one-half hours per week; and 8 (e) other families with incomes up to two hundred percent of the state 9 income standard which the social services district designates in its 10 consolidated services plan as eligible for child care assistance in 11 accordance with criteria established by the department] families who 12 need child care or who are having trouble affording child care, to the 13 maximum extent permissible under federal laws and regulations. To the 14 extent that families are not eligible for funding pursuant to this 15 provision, the state shall make all reasonable efforts to ensure that 16 families not eligible for federally-funded child care have access, 17 phased in over a period of four years, pursuant to the phase-in priori- 18 ties and principles recommended by the taskforce under section three 19 hundred ninety-k of this article. 20 2. [For the purposes of this title, the term "state income standard" 21 means the most recent federal income official poverty line (as defined 22 and annually revised by the federal office of management and budget) 23 updated by the department for a family size of four and adjusted by the 24 department for family size] Each social services district shall conduct 25 extensive and language-accessible outreach to families who need child 26 care or who are having trouble affording child care. To the extent that 27 social services districts or the office of children and family services 28 are required to examine families' incomes pursuant to federal laws or 29 regulations, they shall use the least restrictive and most efficient 30 means available to avoid placing undue burdens on families applying for 31 assistance. To the extent that families applying for assistance are 32 required to provide proof of eligibility, each local social services 33 district and the office of children and family services shall make all 34 reasonable efforts to provide assistance in completing all necessary 35 documents expeditiously. 36 § 18. Subdivision 2 of section 410-u of the social services law, as 37 added by section 52 of part B of chapter 436 of the laws of 1997, is 38 amended to read as follows: 39 2. The state block grant for child care shall be divided into two 40 parts pursuant to a plan developed by the department and approved by the 41 director of the budget. One part shall be retained by the state to 42 provide child care on a statewide basis to special groups and for 43 activities to increase the availability and/or quality of child care 44 programs, including, but not limited to, the start-up of child care 45 programs, the increase of child care worker salaries, the operation of 46 child care resource and referral programs, training activities, the 47 regulation and monitoring of child care programs, the development of 48 computerized data systems, and consumer education, provided however, 49 that child care resource and referral programs funded under title five-B 50 of article six of this chapter shall meet additional performance stand- 51 ards developed by the department of social services including but not 52 limited to: increasing the number of child care placements for all 53 persons, with priority given to persons who are at or below [two hundred 54 percent of the state income standard with emphasis on placements 55 supporting local efforts in meeting federal and state work participation 56 requirements,] one thousand percent of the federal poverty line; S. 7595 12 1 increasing technical assistance to all modalities of legal child care to 2 persons, with a priority given to persons who are at or below [two 3 hundred percent of the state income standard,] one thousand percent of 4 the federal poverty line; including the provision of training to assist 5 providers in meeting child care standards or regulatory requirements[,]; 6 and creating new child care opportunities, and assisting social services 7 districts in assessing and responding to child care needs for all 8 persons, with priority given to persons at or below [two hundred percent 9 of the state income standard] one thousand percent of the federal pover- 10 ty line. The department shall have the authority to withhold funds from 11 those agencies which do not meet performance standards. Agencies whose 12 funds are withheld may have funds restored upon achieving performance 13 standards. The other part shall be allocated to social services 14 districts to provide child care assistance to families receiving family 15 assistance and to other low income families. To the extent that fami- 16 lies are not eligible for funding pursuant to this subdivision, the 17 state shall make all reasonable efforts to ensure that families not 18 eligible for federally-funded child care have access, phased in over a 19 period of four years, pursuant to the phase-in priorities and principles 20 recommended by the taskforce under section three hundred ninety-k of 21 this article. 22 § 19. Section 410-cc of the social services law, as amended by chapter 23 882 of the laws of 1990, is amended to read as follows: 24 § 410-cc. Start up grants for child day care. The commissioner shall 25 provide funds to start up grants to not-for-profit organizations or 26 corporations for the development of new or expanded all day child day 27 care programs including costs related to planning, renting, renovating, 28 operating, and purchasing equipment. The commissioner shall establish 29 guidelines including, but not limited to, allowable costs, and criteria 30 for eligibility for grants giving preference to those child day care 31 providers who [will, to the maximum extent feasible, target services to 32 households having incomes up to two hundred percent of the federal 33 poverty standard] serve areas that currently constitute child care 34 deserts, and with the aim of developing New York's statewide universal 35 child care infrastructure. The commissioner shall widely publicize the 36 availability of funds and conduct extensive outreach in a language-ac- 37 cessible manner to develop the state's universal child care infrastruc- 38 ture. [No awards shall be granted which exceed twenty-five hundred 39 dollars for a new family day care provider or new group family day care 40 provider, and one hundred thousand dollars for a new child day care 41 center.] Child care resource and referral agencies [may] shall receive 42 family day care start up grants [not to exceed two thousand five hundred 43 dollars per new provider] if the agency trains such new family provider 44 and thereby expands the supply of family day care programs in the commu- 45 nity. The commissioner shall give preference to those communities which 46 are significantly underserved by existing programs and to those programs 47 which and those providers who will serve infants under two years of age. 48 § 20. Section 101 of the education law is amended to read as follows: 49 § 101. Education department; regents of the university. There shall 50 continue to be in the state government an education department. The 51 department is charged with the general management and supervision of all 52 public schools and all of the educational work of the state, including 53 the operations of The University of the State of New York and the exer- 54 cise of all the functions of the education department, of The University 55 of the State of New York, of the regents of the university and of the 56 commissioner of education and the performance of all their powers and S. 7595 13 1 duties, which were transferred to the education department [by section 2 three hundred twelve of the state departments law] or shall have been 3 prescribed by law before March sixteenth, nineteen hundred twenty-seven, 4 whether in terms vested in such department or university or in any sub- 5 department, division or bureau thereof or in such commissioner, board or 6 officer, and such functions, powers and duties shall continue to be 7 vested in the education department continued by this chapter and shall 8 continue to be exercised and performed therein by or through the appro- 9 priate officer, sub-department, division or bureau thereof, together 10 with such functions, powers and duties as hereafter may be conferred or 11 imposed upon such department by law. The education department shall also 12 establish an office of early education, which shall be tasked with coor- 13 dinating with the office of children and family services to ensure that 14 the implementation of funding for universal pre-K and 3-K for all 15 programs are phased in in a manner that complements and supports child 16 care providers within the state and provides equitable wages, benefits, 17 and working conditions for child care workers, pursuant to the guidance 18 established by the taskforce under section three hundred ninety-k of the 19 social services law. All the provisions of this chapter, in so far as 20 they are not inconsistent with the provisions of this chapter as hereby 21 amended or may be made applicable, shall apply to the education depart- 22 ment continued by this chapter as hereby amended and to The University 23 of the State of New York, the board of regents of the university, the 24 commissioner [of education] and to the divisions, bureaus and officers 25 in such department. The head of the department shall continue to be the 26 regents of The University of the State of New York, who shall appoint, 27 and at pleasure may remove, the commissioner [of education]. The 28 commissioner shall continue to be the chief administrative officer of 29 the department. The regents also may appoint and, at pleasure, remove a 30 deputy commissioner [of education], who shall perform such duties as the 31 regents may assign to him by rule and who, in the absence or disability 32 of the commissioner or when a vacancy exists in the office of commis- 33 sioner, shall exercise and perform the functions, powers and duties 34 conferred or imposed on the commissioner by this chapter. The regents 35 of The University of the State of New York shall continue to constitute 36 a board and The University of the State of New York, which was continued 37 under such name by section two of article eleven of the constitution, 38 shall continue to be governed and all its corporate powers to be exer- 39 cised by such board. 40 § 21. Section 2 of chapter 493 of the laws of 2017 amending the social 41 services law relating to establishing a child care availability task- 42 force to evaluate the need for and availability of child care throughout 43 the state, as amended by section 2 of chapter 33 of the laws of 2018, is 44 amended to read as follows: 45 § 2. This act shall take effect immediately and shall expire December 46 31, [2021] 2025 when upon such date the provisions of this act shall be 47 deemed repealed. 48 § 22. The state finance law is amended by adding three new sections 49 99-oo, 99-pp, and 99-qq to read as follows: 50 § 99-oo. Child care workforce stabilization fund. 1. There is hereby 51 established in the custody of the state comptroller and the commissioner 52 of taxation and finance a fund to be known as the child care workforce 53 stabilization fund. 54 2. Such fund shall consist of all moneys collected therefor or credit- 55 ed or transferred thereto from any other fund, account or source. Any 56 interest received by the comptroller on moneys on deposit in the child S. 7595 14 1 care workforce stabilization fund shall be retained in and become a part 2 of such fund. 3 3. Moneys in the child care workforce stabilization fund, following 4 appropriation by the legislature, shall be utilized to directly raise 5 wages among participating programs as New York adjusts its reimbursement 6 rates to cover the true cost of child care, and to allow child care 7 providers to pay staff adequate wages and benefits at parity with public 8 school teachers as New York state restructures its economy to reflect 9 the true value of this important work. Such moneys shall be allocated 10 through agencies including, but not limited to, the office of children 11 and family services. 12 § 99-pp. Child care transitional reimbursement rate fund. 1. There 13 is hereby established in the custody of the state comptroller and the 14 commissioner of taxation and finance a fund to be known as the child 15 care transitional reimbursement rate fund. 16 2. Such fund shall consist of all moneys collected therefor or credit- 17 ed or transferred thereto from any other fund, account or source. Any 18 interest received by the comptroller on moneys on deposit in the child 19 care transitional reimbursement rate fund shall be retained in and 20 become a part of such fund. 21 3. Moneys in the child care transitional reimbursement rate fund, 22 following appropriation by the legislature, shall be utilized in a 23 manner that reflects a transitional reimbursement rate structure based 24 on the results of the forthcoming child care market rate survey or the 25 existing survey, whichever results in higher rates. Reimbursement rates 26 shall be set at the ninetieth percentile of market rates in each region 27 to ensure that per child amounts are sufficient to not disrupt the child 28 care sector during this transition from a market rate-based model to a 29 model based on the true cost of quality care. During the phase-in peri- 30 od, entry level staff shall be paid at least a living wage, with more 31 experienced staff compensated at a proportionately higher rate and with 32 compensation progressively increasing over the course of the transition 33 period. Such moneys shall be allocated through agencies including, but 34 not limited to, the office of children and family services. 35 § 99-qq. Child care infrastructure development fund. 1. There is 36 hereby established in the custody of the state comptroller and the 37 commissioner of taxation and finance a fund to be known as the child 38 care infrastructure development fund. 39 2. Such fund shall consist of all moneys collected therefor or credit- 40 ed or transferred thereto from any other fund, account or source. Any 41 interest received by the comptroller on moneys on deposit in the child 42 care infrastructure development fund shall be retained in and become a 43 part of such fund. 44 3. Moneys in the child care infrastructure development fund, following 45 appropriation by the legislature, shall be used to build and develop 46 child care infrastructure in connection with existing public insti- 47 tutions such as public universities, public schools, and public housing. 48 § 23. The sum of five billion dollars ($5,000,000,000) is hereby 49 appropriated out of any moneys in the state treasury in the general fund 50 to the credit of the state purposes account, not otherwise appropriated, 51 and made immediately available as set forth herein. Such funds shall be 52 allocated as follows: 53 (a) Three billion dollars ($3,000,000,000) shall be allocated to guar- 54 antee access to child care subsidies to high-quality and culturally 55 responsive child care that meets the needs of all children, including 56 children with disabilities, those experiencing trauma, multilingual S. 7595 15 1 learners, families who work non-traditional hours, and families experi- 2 encing homelessness or in transitional housing. Such moneys shall be 3 allocated through agencies including, but not limited to, the office of 4 children and family services. 5 (b) One billion dollars ($1,000,000,000) shall be allocated to the 6 child care workforce stabilization fund established pursuant to section 7 99-oo of the state finance law. 8 (c) Six hundred million dollars ($600,000,000) shall be allocated to 9 the child care transitional reimbursement rate fund pursuant to section 10 99-pp of the state finance law. 11 (d) Four hundred million dollars ($400,000,000) shall be allocated to 12 the child care infrastructure development fund pursuant to section 99-qq 13 of the state finance law. 14 § 24. This act shall take effect immediately; provided, that the 15 amendments to section 390-k of the social services law made by section 16 three of this act shall not affect the repeal of such section and shall 17 be deemed repealed therewith; provided, however, that the amendments to 18 subdivision 8 of section 410-w of the social services law made by 19 section ten of this act and the amendments to subdivision 6 of section 20 410-x of the social services law made by section eleven of this act 21 shall not affect the expiration of such subdivisions and shall be deemed 22 to expire therewith. COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION FEBRUARY 24, 2022 LOCAL LAWS B of 2022 A LOCAL LAW AMENDING SECTION 42-384 (POWER AND DUTIES) OF PART 39 (COMMISSION ON MUNICIPAL INTERNET SERVICES) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) TO EXTEND THE TIME WITHIN WHICH THE COMMISSION MUST SUBMIT ITS PRELIMINARY REPORT C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION ORDINANCES 5.22.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK AND OUTDOOR CAFES 6.22.22 AN ORDINANCE AMENDING SECTION 359-75 (PERMIT REQUIRED; HOURS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING NON-PERMITTED VEHICLES FROM PARKING IN EACH RESIDENTIAL PARKING PERMIT ZONE FOR MORE THAN TWO CONSECUTIVE HOURS RESOLUTIONS 15.22.22R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAL SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED, OR INSTALLED 16.22.22R A RESOLUTION OF THE COMMON COUNCIL DIRECTING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION OF THE CITY OF ALBANY TO GRANT PROPERTY TAX EXEMPTIONS TO SENIORS WHO RECEIVED SUCH EXEMPTION IN 2021, WITHOUT THE NEED TO FILE THE NORMAL ANNUAL RENEWAL NOTIFICATION 17.22.22R A RESOLUTION OF THE COMMON COUNCIL URGING PASSAGE OF ALL SEVEN BILLS OF THE CRASH VICTIM RIGHTS AND SAFETY ACT IN THE NEW YORK STATE LEGISLATURE 18.22.22R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING UNIVERSAL CHILD CARE Council Member Anane introduced the following: LOCAL LAW B of 2022 A LOCAL LAW AMENDING SECTION 42-384 (POWER AND DUTIES) OF PART 39 (COMMISSION ON MUNICIPAL INTERNET SERVICES) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) TO EXTEND THE TIME WITHIN WHICH THE COMMISSION MUST SUBMIT ITS PRELIMINARY REPORT Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Subsection A of Section 42-384 (Power and Duties) of Part 39 (Commission on Municipal Internet Services) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is amended to read as follows: A. The Commission shall submit a preliminary report to the Common Council and the Mayor within 120 days after all appointments of members have been made by the appointing authorities but no later than June 15, 2022. Such report shall detail the Commission's findings as outlined in this section. The Commission shall submit its final written report to the Common Council and the Mayor within 150 days of the date it submitted its preliminary report. Such final report shall be detailed in its scope and shall identify the work engaged in by the Commission in fulfillment of the charges imposed upon it pursuant to such section. The report shall further include its findings, determinations and recommendations, including, but not limited to, any recommendations the Commission has determined necessary for the enactment or amendment of local or state law as may be necessary to accomplish any of its recommendations. Section 2. The local law shall take effect upon passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 11TH DAY OF FEBRUARY, 2022 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 SPONSOR Council Member Anane LOCAL LAW B of 2022 TITLE A LOCAL LAW AMENDING SECTION 42-384 (POWER AND DUTIES) OF PART 39 (COMMISSION ON MUNICIPAL INTERNET SERVICES) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) TO EXTEND THE TIME WITHIN WHICH THE COMMISSION MUST SUBMIT ITS PRELIMINARY REPORT GENERAL PURPOSE OF LEGISLATION To give a particular date for the commission to submit its preliminary report. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The legislation is necessary to allow more time for the commission to issue its finding for the preliminary report as members have resigned and need more time and the date suggested was the proposed deadline by the members of the commission. FISCAL IMPACT(S) None. Council Members Johnson, Anane, and Hoey, with the support of Council President Ellis, introduced the following: LOCAL LAW C of 2022 A LOCAL AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION Be it enacted by the Common Council of the City of Albany as follows: Section 1.Subsection 1 of Section C of Section 301 (Mayor’s Powers and Duties Generally) of Article III (Executive Branch) of the Charter of the City of Albany is amended to read as follows: (1) The Mayor shall have sole authority to appoint and remove all nonelected City department and office heads, who shall serve at the pleasure of the Mayor. Effective January 1, 2007, the Mayor's authority to appoint all nonelected City department heads (Department of Water and Water Supply, Department of Assessment & Taxation, Department of Youth & Workforce Services, Department of General Services, Department of Recreation, Department of Development & Planning, Albany Police Department, Albany Fire Department, Department of Administrative Services, Department of Law, Department of Public Safety, and such other departments that are created from time to time) shall be subject to the advice and consent of the Common Council. This advice and consent authority shall be applicable to new appointments after January 1, 2007, only. The Common Council must either confirm or reject any such appointment within 45 days of the Mayor's filing of a written notice of appointment with the City Clerk. In the event the Common Council fails to timely approve or disapprove the appointment, the appointment shall be deemed confirmed. In the event the Common Council timely rejects the appointment, the Mayor shall make a new appointment for such position, which shall also be subject to confirmation pursuant to the above procedure. Section 2: Section 42-38 (Duties of police force) of Article V (Powers and Duties) of Part 1 (Department of Police) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended, and a new Section 42-38.1 is added, as follows: Section 42-38 Duties of police force. It is hereby made the duty of said police force, at all times of the day and night, within said City of Albany, and the members of said force are accordingly hereby thereunto empowered especially to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots and insurrections, protect the rights of persons and of property, guard the public health, preserve order at every primary and public election, remove nuisances from public streets, and public and private alleys, roads, places, and highways; repress and restrain disorderly houses and houses of ill fame; to arrest all street beggars and mendicants; to provide a proper police attendance at every fire, in order that thereby the firemen, fire engines, and property exposed may be suitably protected or assisted; to assist, advise and protect immigrants, strangers and travelers in public streets and at landings of ferry and steamboats, river boats and canal boats, and at railway stations; enforce every law relating to the suppression and punishment of crime, or to the observance of Sunday, or regarding pawnbrokers, emigration, or elections, or gambling, or intemperance, or lotteries, or lottery policies, or vagrants, or disorderly persons, or the public health, or any ordinance or resolution of the Common Council of said City applicable to police, health or criminal procedure, except where such responsibilities are assumed by the Department of Public Safety. It shall be the duty of the police to avoid or prevent violence wherever possible; to protect the life, safety, dignity, rights, and well-being of every person, including those suspected of criminal offenses; to treat all persons with respect, regardless of their status; and to work tirelessly to combat racism, bias, and inequality. The Police Department shall embrace the principles of community policing by joint problem- solving and partnering with community members to address the immediate and long-term causes of crime, while resisting calls for action that would reinforce inequality. The Department shall also ensure that the principles of procedural justice are respected in every interaction between police and community members. It shall further be the duty of police officers, because they are public servants, to facilitate transparency and the public’s right to know how public servants exercise the power with which their community entrusts them. Section 42-38.1 Violence Prevention and the Requirement of Least Possible Force Prevention of violence shall be part of the Albany Police Department’s core mission. As such: A. Training on de-escalation shall be mandatory and regular; B. Violence prevention and de-escalation shall be among the core skills taught in all police training programs; C. Police must always deploy the least possible force necessary to protect the safety of the public and of the police officers. D. In every case in which a police officer makes physical contact with a member of the public, a report shall be filed which addresses: 1) Whether a nonviolent responder could have been dispatched to the situation, rather than an armed officer; 2) What de-escalation techniques were used before contact was made; 3) Whether, in retrospect, other de-escalation techniques could have made physical contact unnecessary and, if so, what those techniques were and whether the officer involved has had training in those techniques. E. To help police officers gain deeper understanding of community needs, the Albany Police Department shall undertake a program through which police officers may serve temporarily as unarmed responders working with the Department of Public Safety, in a role to be determined by the Public Safety Commission and the Department of Public Safety. Section 3. Article XI (General Provisions) of Part 3 (Department of Public Safety) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: Section 42-69 (Reserved) Legislative Intent The City of Albany envisions a Public Safety Commission that decouples public safety from policing, centers community voices, and ends systemic racism. The Commission embraces the four pillars of procedural justice: treating people with dignity and respect; giving citizens a voice during encounters; being open and transparent in decision-making; and conveying trustworthy motives. The Public Safety Commission will ensure the elevation of the concepts of community policing into the practice of public safety. A guiding principle of the Public Safety Commission is sanctity of life: that at the core of an officer’s responsibilities is the duty to protect all human life and physical safety. Section 42-70 (Reserved) Definitions Chief of Police Shall mean the Chief of Police of Albany Police Department Department of Public Safety The Department established under Article XI of the Code of the City of Albany. Immediate relative For purposes of this Article, an “immediate relative” shall refer to a spouse, child, stepchild, sibling, parent, or stepparent; mother-, father-, son-, daughter-, brother-, or sister- in-law; and any other individuals who live in one’s household except for tenants and household employees. Section 42-71 (Reserved) Commission Established; Appointment of Members; Qualification. A. There is hereby established a Public Safety Commission, with three principal responsibilities: oversight of the Albany Police Department; administration of the Department of Public Safety; and ensuring public access to information about policing and public-safety practices in the City of Albany. B. The Public Safety Commission shall be comprised of nine members, five of whom shall be appointed by the Common Council and four of who shall be appointed by the Mayor. C. Members of the Commission shall serve for a term of three years. Terms shall be staggered so that three members begin their terms each year. If a member leaves office before the expiration of their term, their successor shall be appointed to complete the remainder of the term. D. Eligibility requirements: 1) All members must be residents of the City of Albany. 2) Current employees of the City of Albany and current and former employees of the Albany Police Department shall not be eligible to serve as members of the Commission; nor shall any immediate relative of a current City employee or current or former Police Department employee be eligible. a) An “immediate relative” shall refer to a spouse, child, stepchild, sibling, parent, or stepparent; parent-in-law, child-in-law, or sibling-in-law; and any other individuals who live in one’s household, except for tenants and household employees. b) If a question is raised about whether a candidate for member of the Commission is an “immediate relative” of a current City employee or current or former Police Department employee, the appointing authority shall resolve that question. E. Candidates for the Public Safety Commission shall be subject to a public hearing prior to commencement of their term. Reappointments shall be subject to a public hearing. Candidates shall be present at the public hearing. 1) Notice of such public hearing shall circulate to the media no less than ten calendar days before the scheduled public hearing. 2) Such notice shall include the time, place, and a statement that all are welcome to submit comments and questions regarding the candidacy of the nominee(s). F. Members of the Commission shall receive compensation in form of a stipend that shall be set in the budget. G. The Public Safety Commission shall recommend to the Mayor a budget for the Commission and for the Department of Public Safety. The Mayor will consider this submission for inclusion in the general budget annually, as prescribed by the Charter of the City of Albany. H. The Commission may establish advisory committees, standing or ad-hoc committees, panels, and/or host forums and public hearings as the Commission deems necessary. In doing so, the Commission shall ensure wide and comprehensive representation of the various geographic areas with Albany, with special attention to historically underrepresented areas and areas that have been the focus of more police activity. I. The Commission shall require individual members to excuse themselves from participating in discussions or decision-making in which any item, in the execution of their duties, presents a personal, professional, or financial conflict of interest. J. The Commission shall appoint a Commissioner of Public Safety who shall head the Department of Public Safety and carry out the functions and duties thereof. The Commissioner shall serve and hold such office at the pleasure of the Commission. The Commissioner shall appoint such deputies, directors and other subordinates as shall be authorized by the Board of Estimate and Apportionment and who shall serve at the Commissioner’s pleasure. Section 42-71.1 Powers and Duties: Overseeing the Albany Police Department A. Policymaking Authority. The Commission shall have the power to make rules, regulations, and policies concerning public safety, consistent with the goals set forth in this article. 1) The Commission shall have the authority to modify existing Albany Police Department procedures or policies. The Commission’s authority shall supersede the authority of the Chief of Police under section 42-6 of the Code of the City of Albany. 2) If the Commission identifies a need for legislative action by the Common Council, it shall propose draft legislation to the Council. 3) The Commission shall implement the reforms and recommendations of the Albany Policing Reform and Reinvention Collaborative Plan as adopted by the Common Council in Resolution 26.31.21R and any subsequent amendments thereto. 4) The Commission shall also review and assess any and all policies and practices regarding financial fines, fees, and penalties imposed on people who come into contact with the criminal-justice system or any department or office of the City that is involved in public safety, including but not limited to all issues within the purview of the Albany Police Department and the Department of Public Safety. It shall recommend changes in those policies and practices with the goal of ensuring that interactions with the City of Albany and its government departments do not affect people unequally on the basis of their economic class, their race or ethnicity, their immigration status, their ability or disability, or any other protected characteristic. 5) The Commission shall also review and assess the accessibility of public-safety institutions and practices for persons with disabilities. It shall also assess the need for better language access for the institutions and issues within its authority. B. Commission Review of Police Department Policies. If the Albany Police Department seeks to promulgate or modify a rule or policy (including standard operating procedures or standing orders), it shall notify the Public Safety Commission. 1) If the Commission takes no action within 15 calendar days, the change shall take effect. 2) If the Commission determines that Commission consideration or public discussion of the issue is appropriate, however, the Commission shall within 15 calendar days issue a public notice of its intent to take up the issue 3) If the Chief of Police informs the Commission that a rule or policy must take immediate effect because of emergency circumstances, the rule or policy may take effect before the 15-day period expires. However, the Commission shall have the authority to suspend the rule or policy upon its determination that Commission consideration or public discussion of the issue is appropriate. 4) If there is any question whether an action by the Police Department falls under this provision and is subject to review by the Commission, the Commission shall resolve that question. C. Personnel Policies and Practices. The Commission shall set departmental practices for the Albany Police Department and the Department of Public Safety in recruiting, hiring, promoting and disciplining, all in accordance with statutory authority, and may make recommendations to the Mayor and Common Council regarding practices, procedures, policy and planning. Along with other criteria the Commission deems relevant, the Commission shall review training and personnel practices to ensure that violence prevention and de-escalation are sufficiently emphasized. D. Relationship With Community Police Review Board. The Public Safety Commission shall work in conjunction with Community Police Review Board in accordance of Part 33 of Chapter 42 of this Code. When the Commission or any employee of the Department of Public Safety becomes aware of any complaint concerning individual misconduct by an employee of the Albany Police Department, or identifies an issue on its own initiative, it shall refer that complaint or issue to the Community Police Review Board for investigation. The Commission shall share with the Review Board whatever information the Review Board deems relevant. Section 42-71.2 Powers and Duties: Administering the Department of Public Safety A. Commission’s Authority Over the Department of Public Safety. The Public Safety Commission’s authority to make policies and rules governing public safety, shall include (but will not be limited to) policies and rules governing the operations of the Department of Public Safety, as well as rules about whether the Albany Police Department or the Department of Public Safety shall assume primary or shared responsibility for responding to specific kinds of calls or situations. In assessing which Department should respond to a given issue, the Commission shall consider any and all factors it deems relevant. B. Staff. The Department of Public Safety shall have sufficient staff to carry out the responsibilities identified in this statute and by the Public Safety Commission. The Public Safety Commission shall have responsibility for overseeing the operations of the Department of Public Safety and appointing the Commissioner of Public Safety. C. Dispatch. The Department of Public Safety shall have primary responsibility for answering calls to 911 and dispatching responders. It shall also maintain a way for community members to contact the Department directly, without calling 911. D. Responsibilities of the Department of Public Safety. The Department of Public Safety shall have primary responsibility for responding to calls for help involving people experiencing homelessness; mental-health issues, including threats of suicide; and substance-abuse issues. E. Commission Must Assess Appropriate Responders. The Public Safety Commission shall further assess, and promulgate rules or policies determining, whether the Department of Public Safety should assume primary responsibility for other issues where unarmed response may be feasible and consistent with the goals set forth in this article, including but not limited to: 1. Disturbances; adolescent disturbances; suspicious persons; trespassing incidents; other quality-of-life concerns; accidents without injuries; minor theft from purses, cars, and homes; destruction of property; and any criminal matters where it is unlikely that the responders will encounter a violent situation; 2. Investigation of crimes; 3. Domestic disputes and domestic violence; 4. Noise complaints and lower-risk conflicts between neighbors, between landlords and tenants, between family members, or between other community members; 5. Child abuse; 6. Environmental conditions or nuisances; 7. Non-criminal traffic violations; road hazards; 8. Emergency medical care and first aid; 9. Wellness checks; 10. Death notifications; 11. Transportation to services; 12. Crisis counseling; 13. Resource connections and referrals; 14. Taking reports; 15. Any other category of issue which the Commission determines should be considered. The enumeration of any issue in this sub-section shall not be construed to limit the issues which the Commission may consider as potentially appropriate for response by the Department of Public Safety. F. Facilities. The Department of Public Safety may maintain facilities in the community to help address the issues for which it is responsible. These may include crisis-stabilization centers; overdose-prevention sites; safe-injection facilities; The Department may also form and maintain relationships with service providers who maintain such facilities. G. Long-Term Solutions and Strategies. The Department shall respond both to immediate needs and to long-term needs, working to find long-term solutions to the issues it encounters in the community. 1) Along with developing its own long-term strategies for resolution of individuals’ needs; the Department shall form relationships with service providers in all relevant areas so that it can refer people to those providers where appropriate. 2) Once a referral is made, the Department shall follow up to determine whether additional work could help. The Department shall ensure that appropriate personnel follow up on a long term basis where needed. 3) The Department shall report to the Public Safety Commission regularly on the long- term impact of its interventions on individual cases. H. Staff. The Department of Public Safety shall employ personnel with skills and backgrounds sufficient to allow an effective response to situations for which the Department is responsible. It may also employ consultants or form relationships with organizations to ensure the successful provision of services. Backgrounds that should be considered by the Department include: 1) Experience as paramedics, clinicians, counselors, therapists, and crisis-intervention specialists; 2) Mediators; credible messengers (i.e., individuals with strong ties to the community, oftentimes with a personal history of overcoming violence or justice system involvement, who are able to connect to community residents based on their shared background and experiences); and “violence interrupters” (outreach workers trained to mediate conflicts before they turn violent); 3) Peer responders (i.e., people who have lived experience of the concerns they respond to) and peer outreach workers (e.g., people who share an experience of housing insecurity). I. Relationship With Police Department. The Public Safety Department and the Albany Police Department shall collaborate fully with each other. Where necessary, personnel from the Public Safety Department shall request support in responding to a situation from Albany Police Department officers. J. Access to Records. The Public Safety Department shall have full access to Albany Police Department records. The Department of Public Safety shall have the authority to determine whether to grant access to its own records to Albany Police Department personnel. The Department of Public Safety shall not grant such access when it would undermine individual or community trust in the Department of Public Safety, unless the Department of Public Safety determines that there is a compelling public-safety justification for doing so and no alternative is available. Section 42-71.3 Powers and Duties: Transparency A. The Public Safety Commission shall have primary responsibility for ensuring that the public has access to information about policing and public safety in Albany. The Commission’s regulatory shall include the power to make rules about public access to information. B. The Albany Police Department and the Department of Public Safety shall keep the Public Safety Commission fully informed as to their activities, and shall grant the Commission full access to information deemed relevant by the Commission even if the Departments deem the information confidential. The Commission shall have the power to issue subpoenas if necessary to enforce access. C. All video from body-worn cameras, dashboard cameras, and other recording technologies used by the Albany Police Department, shall be held in the care of the Public Safety Commission. The Commission shall ensure that the Albany Police Department has all necessary access to those recordings through a system that allows police employees to access the recordings without removing them from the custody of the Commission. D. The Commission shall also take custody of such other information, recordings, data, and materials as it deems necessary to ensure adequate public transparency and public trust in the quality of information available to the public. E. The Commission shall ensure that statistical information about public safety and police practices is available to the public, including the information required by Section 42-5.1 and other statistical information the Commission deems relevant. It shall further ensure that this information uses plain language, clear explanations, and formats comprehensible to non-experts. F. The Public Safety Commission shall have the authority to compel the release of any information it deems appropriate, and to require the Albany Police Department or the Department of Public Safety to make information available online. Section 4. Section 42-73 (Reserved) of Article XIA (Reserved) of Part 3 (Department of Public Safety) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: Section 42-73 (Reserved) Commissioner of Public Safety. A. Commissioner of Public Safety. There shall be appointed by the Commission of Public Safety a Commissioner of Public Safety who shall head the Department of Public Safety and carry out the functions and duties thereof. The Commissioner shall serve and hold such office at the pleasure of the Commission. The Commissioner shall appoint such deputies, directors and other subordinates as shall be authorized by the Board of Estimate and Apportionment and who shall serve at the Commissioner’s pleasure. B. Scope, powers and duties of Commissioner. The Commissioner of Public Safety shall collaborate with the Chiefs of the Departments of Police and Fire to manage the selection, appointment, training and development of police and civilian staff. The Commissioner shall additionally have cognizance, jurisdiction, supervision, and control of disciplinary proceedings within such departments with the authority to impose appropriate sanctions including reprimand, treatment of training, forfeiture of pay, demotion and dismissal, and other disciplinary measures as determined by analyzing pre-established rules and guidelines. In carrying out such responsibilities, the Commissioner may obtain reviews and evidence, including disciplinary reports and shall prepare written decisions and instructions regarding findings, cases, claims and disputes related to discipline. The Commissioner shall also prepare and submit plans and credentials necessary to gain or retain state accreditation of such departments, design and conduct performance appraisals. In addition, the Commissioner shall possess such other powers and perform such other duties as may be prescribed by local law or ordinance of the Common Council. Section 5. Severability and Interpretation. A. Severability. If any provision of this law or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable. B. Interpretation. The ejusdem generis canon and related principles of interpretation shall not be used to interpret this law or to limit the power of the Public Safety Commission or the Department of Public Safety. Section 6. This Local Law shall go into effect upon passage, public hearing, mandatory public referendum and filing with the Secretary of State. APPROVED AS TO FORM THIS 11TH DAY OF FEBRUARY, 2022 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 Sponsor(s) Council Members Johnson, Anane, and Hoey with the support of Council President Ellis LOCAL LAW C of 2022 TITLE A LOCAL AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION GENERAL PURPOSE OF LEGISLATION Under this law, there would be three entities responsible for public safety in Albany (not counting the Fire Department, which is not affected by this bill). One is the Albany Police Department; one is the Department of Public Safety, which will send unarmed responders to appropriate situations; and one is a new Public Safety Commission, which will make public-safety policy and provide transparency for the public. Public Safety Commission The Public Safety Commission will have the authority to issue rules and policies for the Albany Police Department, as well as to review policies the Department issues itself. It will also decide whether the Police Department or the Department of Public Safety is the appropriate responder for various kinds of situations. Five of its members are appointed by the Common Council, and four by the Mayor. The Commission will appoint the commissioner to oversee and staff to ensure its independence. The Public Safety Commission has a different relationship with the Police Department and the Department of Public Safety. While the Commission will essentially manage the Department of Public Safety, it will provide oversight and transparency for the Police Department rather than exercising any direct managerial authority. Thus, the Public Safety Commission will appoint the Commissioner of the Department of Public Safety. The Public Safety Commission will also have responsibility for ensuring that the Police Department operates transparently. Thus, it will have authority over release of information and data; it will also take custody of all video and other recordings, to ensure public trust. Matter in strikethrough to be deleted. Matter underlined is new material. The Department of Public Safety The statute gives the Department of Public Safety authority over certain kinds of situations, specifically homelessness, mental-health issues, and substance-abuse issues; the Department will also have responsibility for dispatch. For other issues, the Public Safety Commission will consider whether and how to transfer authority from the Police Department to the unarmed responders of the Department of Public Safety: minor crimes, traffic, investigations, taking reports, domestic violence, neighborhood conflicts, child abuse, well-being, environmental conditions, crisis counseling, and other services. Reforms of the Police Department’s Mission The statute also amends the Police Department’s mission statement to affirm a commitment to preventing violence; opposing racism, bias, and inequality; promoting community policing and procedural justice; and ensuring public transparency. It also adds specific requirements, like training and reporting, to help the Police Department prevent violence. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The Albany Police Reform & Reinvention Collaborative identified many reforms that could help improve policing and reduce racism and inequality in Albany, including many of the reforms enacted by this legislation. Its report is online here: https://www.albanyny.gov/641/Police- Reform-Reinvention-Collaborative. Earlier reports documenting the need for reforms to ensure successful independent oversight of the Albany Police Department include Dr. Alice Green’s report, Pathway to Change: African Americans and Community Policing in Albany (Center for Law and Justice, 2013). The need for unarmed response has been extensively documented in research by various experts on policing and public policy. Some examples include:  Amos Irwin & Betsy Pearl, The Community Responder Model: How Cities Can Send the Right Responder to Every 911 Call (Center for American Progress & Law Enforcement Action Partnership, Oct. 2020);  Samantha Batko, Sarah Gillespie, Katrina Ballard, & Mary K. Cunningham, Alternatives to Arrests and Police Responses to Homelessness: Evidence-Based Models and Promising Practices (Urban Institute, Oct. 30, 2020);  Jackson Beck, Melissa Reuland, & Leah Pope, Behavioral Health Crisis Alternatives: Shifting from Police to Community Responses (Vera Institute, Nov. 2020);  Matt DeLaus, Alternatives to Police as First Responders: Crisis Response Programs (Government Law Center at Albany Law School, Nov. 16, 2020). FISCAL IMPACT(S) To be determined Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Anane introduced the following: ORDINANCE 5.22.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK AND OUTDOOR CAFES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subdivision m (Sidewalk or outdoor cafe) of subsection 6 (Accessory uses) of section 375-303 (Use-specific standards) of Article III (Use regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: (m) Sidewalk or outdoor café. (i) Cafes located within 300 feet of a residential district shall not be open for business before 8:00 a.m. and shall close by 11:00 p.m. (ii) Where Subsection (6)(m)(i) above does not apply, sidewalk or outdoor cafes located in nonresidential zoning districts shall not be open for business before 6:00 a.m. and shall close by 2:00 a.m., unless Article II (Zoning Districts) establishes different hours of operation for nonresidential uses, in which case the provision of Article II shall apply. (iii) Sidewalk or outdoor cafes shall not use music or noise amplification devices, and no music or entertainment of any type is permitted outdoors. (iv) No outdoor cooking of any type is permitted in sidewalk or outdoor cafes. (v) (iv) For sidewalk or outdoor cafes occupying a City property or right-of-way: A. A revocable sidewalk right-of-way privilege must be obtained pursuant to § 375-505(18), or, if the City has not yet implemented the revocable street privilege procedure, then a sidewalk cafe permit must be obtained pursuant to Chapter 303 of the City Code. B. All fixtures, except for a canopy, awning, or shade sail, and furnishings must be of a temporary nature, and must be brought in and stored or stacked and secured during nonoperational hours. C. No objects, except a retractable awning, canopy, shade sail, and lighting fixtures, may be permanently attached to the exterior. Matter in strikethrough to be deleted. Matter underlined is new material. D. All planters, railings and fences must be temporary, unless allowed otherwise by license from or other agreement with the City, and must not exceed a height of four feet. E. No additional signage shall be permitted to be affixed to a cafe's temporary structures or accessories. FE. At least four Each business under this paragraph (iv) operating within outdoor space on public property must maintain five feet or 50% of the total clear along the sidewalk width, whichever is larger, shall remain free of all obstructions to allow for pedestrian passage. This measurement is made from the outermost point of the permanently affixed portion of the café to, at a maximum, a distance of five feet beyond the unobstructed inner edge of the curb, excluding brick or grass carpets, United States mailboxes, fire hydrants, bus shelters, and street trees, and other fixed objects. The Chief Planning Official or Corporation Counsel may require that a larger space be left unobstructed if necessary to accommodate anticipated pedestrian volume in that location, to ensure compliance with federal requirements and standards under the American with Disabilities Act and state requirements and guidance issued by the New York State Liquor Authority relating to the Outdoor Expansion of Licensed Premises, or for any other purpose as deemed necessary by the Chief Planning Official or Corporation Counsel. G.F The area shall be cleaned, kept refuse-free, and no large containers for trash shall be placed on the café premises. H.G. Public property shall not be altered in any way during the term of the revocable street right-of-way privilege. At the expiration of the term of the permit, all City-owned property shall be returned to the City in good condition, except for damage by the elements. The Chief Planning Official or Corporation Counsel may require the property owner to obtain and maintain liability insurance protecting the City from loss or damage based on Corporation Counsel's evaluation of potential risk to the City. (vi) An outdoor cafe may occupy a portion of an adjoining lot or parcel, provided that: A. The outdoor cafe is ancillary to a permitted or conditional use operating on the adjoining lot. B. The adjoining lot in question is zoned appropriately for the use to which the outdoor cafe is accessory. C. If the adjoining property is under ownership separate from the establishment being served, a lease or other agreement shall be in place for use of the area accommodating the outdoor cafe. Matter in strikethrough to be deleted. Matter underlined is new material. D. The outdoor cafe space is buffered by protective barriers and landscaping where necessary to protect patrons from vehicular traffic, as determined by Chief Planning Official upon consultation with the Division of Traffic Engineering. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 10TH DAY OF FEBRUARY, 2022 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Martha Mahoney, Esq., Assistant Corporation Counsel Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2022 Sponsor: Council Member Anane ORDINANCE 5.22.22 TITLE AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIDEWALK AND OUTDOOR CAFES GENERAL PURPOSE OF LEGISLATION To make permanent the expansion of patio or outdoor seating opportunities made available to outdoor and sidewalk cafés in the City of Albany (“City”) under the City’s 2021 Extended Patio & Outdoor Café Program (“Program”), a program designed to assist local eateries by providing safe and socially distanced dining options. The Program was initially established as a temporary program authorized under the Café Permit Expansion State of Emergency Declaration (Emergency Order 315-5) issued by Mayor Sheehan on June 5, 2020, and subsequently renewed thereafter, during the pendency of the COVID-19 public health crisis, pursuant to the Mayor’s authority under N.Y. Exec. Law § 24(1)(G)(i). The Café Permit Expansion State of Emergency Declarations made such additional seating and dining opportunities available to outdoor and sidewalk cafés by lifting certain city requirements related to street-level dining set forth under the City’s Unified Sustainable Development Ordinance (“USDO”), while also maintaining compliance with applicable federal and state law requirements under the American Disabilities Act and New York State Liquor Authority. In light of the rapidly changing circumstances presented by the COVID-19 public health crisis and the success in vaccination rates in New York State, on June 23, 2021, former-Governor Cuomo announced the expiration of the COVID-19 State Disaster Emergency Declaration (Executive Order No. 202) on June 24, 2021. Pursuant to Ordinances 20.71.21 and 28.92.21, adopted by the Common Council on July 8, 2021, and September 20, 2021, respectively, which allowed for the temporary extension of the Program, it is appropriate for the Common Council to make permanent a critical city program, such as the City’s Extended Patio & Outdoor Café Program, that was created in response to the global pandemic to alleviate the financial and operational challenges faced by businesses, and that will continue to serve a need and alleviate a significant burden on businesses and its patrons far beyond the expiration date of the public health state of emergency. Making permanent the City’s Extended Patio & Outdoor Café Program is essential to the City’s ability to cope with and recover from the economic strain resulting from the unprecedented public health emergency presented by the COVID-19 pandemic and emerging variants. Consequently, it is advisable to continue the Program by making the appropriate changes to the USDO, to permanently remove those provisions relating to the regulation of outdoor and sidewalk cafés that were suspended in the City’s Café Permit Expansion State of Emergency Declarations, Ordinance No. 20.71.21, and Ordinance No. 28.92.21, and the suspensions of which made possible the City’s Extended Patio & Outdoor Café Program. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW Ordinance No. 28.92.21, which temporarily extended the Program, expired on January 15, 2022. Common Council approval is required to make the Program permanent by repealing and amending certain provisions of the USDO. FISCAL IMPACTS To be determined. Council Member _______ introduced the following: ORDINANCE 6.22.22 AN ORDINANCE AMENDING SECTION 359-75 (PERMIT REQUIRED; HOURS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING NON-PERMITTED VEHICLES FROM PARKING IN EACH RESIDENTIAL PARKING PERMIT ZONE FOR MORE THAN TWO CONSECUTIVE HOURS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection A of section 359-75 (Permit required; hours) of Article VIII (Residential Parking Permit System) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-75 Permit required; hours. A. No person shall park, or move and re-park a vehicle, nor allow a vehicle to be parked, or moved, and re-parked in any one parking zone as such zones are established in section 359- 74 of this article, for more than two consecutive hours per day between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, except holidays, along any street which has been designated a residential parking permit area pursuant to this article, unless the vehicle is issued displays a valid parking permit issued in accordance with this article. B. A permitted vehicle issued a permit in the form of a decal shall have affixed to the bottom rear corner of the passenger window on the driver's side of the vehicle a valid residential parking permit. All other valid permits shall be displayed in accordance with regulations of the City Clerk. Valid residential permit status shall be checked via license plate of the permitted vehicle. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 10TH DAY OF FEBRUARY, 2022 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Sevil Barber, Esq., General Counsel, Albany Parking Authority Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 Sponsor: To be determined ORDINANCE 6.22.22 TITLE AN ORDINANCE AMENDING SECTION 359-75 (PERMIT REQUIRED; HOURS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING NON-PERMITTED VEHICLES FROM PARKING IN EACH RESIDENTIAL PARKING PERMIT ZONEs FOR MORE THAN TWO CONSECUTIVE HOURS GENERAL PURPOSE OF LEGISLATION This ordinance will prohibit non-permitted vehicles from parking in each residential parking permit zone for more than two consecutive hours. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Our goal is to ensure residents have access to parking in their neighborhoods & prevent non- residents from occupying residential spots for extended periods of time. This proposed language amendment shall limit the amount of time a non- residential permit holder may park their vehicle or stand in one zone to no more than two consecutive hours, preventing non-permitted vehicles from simply moving to another available residential spot within the same zone after exceeding the hourly parking restriction specified. This will free up residential parking spots during the day for residential permit holders FISCAL IMPACT(S) None. Council Member Romero introduced the following: RESOLUTION NUMBER 15.22.22R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED, OR INSTALLED. WHEREAS, the City of Albany strives to protect all of its citizens, including vulnerable road users such as pedestrians; and WHEREAS, the City of Albany recognizes the numerous benefits of walkability, including reduced carbon emissions, improved health, reduced congestion, reduced used of infrastructure, pedestrian safety, higher property values, lower crime rates, and better ability to attract and retain young people and families; and WHEREAS, the City of Albany currently has installed pedestrian-actuated signals (colloquially known as “pedestrian push button”) at many intersections, requiring pedestrians to press a button before a pedestrian signal will activate; and WHEREAS, these pedestrian-actuated signals reduce the overall frequency of pedestrian signals and increase – sometimes drastically – the wait times for pedestrians who wish to legally cross; and WHEREAS, this infrastructure may inadvertently encourage jaywalking behavior or confusion among pedestrians and motorists alike; and WHEREAS, these buttons have a legitimate purpose (in very low-traffic areas) of causing a traffic signal cycle to change when the signal would ordinarily never change; and WHEREAS, in intersections with frequently cycling traffic signals, these buttons serve to prioritize vehicle traffic ahead of pedestrians by effectively turning off the pedestrian signals until the button is pressed; and WHEREAS, it is fundamental to walkability that pedestrian signals should occur at least as often as signals for motor vehicles; and WHEREAS, it is inherently inequitable to prioritize automobiles, which are unattainable for many low-income families, over pedestrians, many of whom are walking to public transit or walking long distances to work to support their families; NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Albany calls on the Albany Police Department’s Division of Traffic Safety to enforce and expand its a policy to ensure that pedestrian crossing signals are included as part of every traffic signal cycle in intersections where pedestrians can be expected to be present, regardless of whether a button is pressed; and BE IT FURTHER RESOLVED that the Common Council of the City of Albany calls on the Department of Police to ensure that when any signals are changed, upgraded, or installed, that pedestrian-actuated signals aligned with that policy are included. To: Danielle Gillespie, City Clerk From: Gabirella Romero, Council Member, 6th Ward Re: Common Council Legislation Supporting Memorandum Date: January 27, 2022 Sponsor: Council Member Romero RESOLUTION NUMBER 15.22.22R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED, OR INSTALLED. GENERAL PURPOSE OF LEGISLATION: To urge the Police Department’s Division of Traffic Safety to include pedestrian signaling regardless of whether or not a walk signal is requested at the intersection where a traffic signal (stop light) is present. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW There is an interest across the city in improving walkability. Albany is a beautiful city with a historic, walkable core, and transit-friendly outer neighborhoods but all neighborhoods across the city could be improved to make walking easier, safer and more useful. Many of Albany’s newly designed intersections (and even more of the older ones) are being built with beg buttons (sometimes known as “actuated pedestrian signals”) that require pedestrians to press a button to beg for a pedestrian signal, even if the signal is already changing for cars travelling in the same direction. As a result, those who wish to cross legally must often wait through an entire light cycle even though it is obviously safe to cross. Naturally, the overwhelming majority who are not content to wait two or three minutes at every corner cross anyway. In a system designed to prioritize cars and thwart pedestrians, otherwise law-abiding citizens begin to rationalize jaywalking. Beg buttons are designed to prioritize car traffic. Even the National Association of City Traffic Engineers says that actuated signals are “generally not preferable,” especially for urban areas. These buttons are deeply counterproductive in a city attempting to revitalize its downtown core. Walking is a popular, practical, and desirable way to get around town. It is also key to Albany’s continued growth and vibrancy. According to a recent Urban Land Institute survey, 50% of people rank walkability as one of their top concerns when deciding where to live, while the Brookings Institute found that a whopping 63% of Millennials would prefer to live in an area where they don’t need to drive a car every day. Dense and walkable neighborhoods also generate much more revenue in property taxes per acre than expensive and hard-to-maintain suburban sprawl. FISCAL IMPACT(S) TBD Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 16.22.22R A RESOLUTION OF THE COMON COUNCIL DIRECTING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION OF THE CITY OF ALBANY TO GRANT PROPERTY TAX EXEMPTIONS TO SENIORS WHO RECEIVED SUCH EXEMPTION IN 2021, WITHOUT THE NEED TO FILE THE NORMAL ANNUAL RENEWAL APPLICATION WHEREAS, section 467 of the Real Property Tax Law (“RPTL”) authorizes municipalities to exempt property owned by persons over the age of sixty-five from taxation up “to the extent of fifty per centum of the assessed valuation thereof;” and WHEREAS, the City of Albany grants such exemptions, pursuant to Article III, “Senior Citizen Tax Exemption,” of Chapter 333, “Taxation,” of the Code of the City of Albany; and WHEREAS, RPTL § 467 and Albany City Code § 333-37 require that property owners who wish to benefit from this exemption must file an application for the exemption with the Assessor’s Office annually; and WHEREAS, these statutes also require the Assessor to mail an application form to each person who was granted a senior exemption on the last completed assessment roll; and WHEREAS, Governor Hochul, by Executive Order 11.1, issued on December 26, 2021, has provided that the governing body of an assessing unit – here, the Common Council – may “adopt a resolution directing the assessor to grant” senior exemptions pursuant to RPTL § 467 “on the 2022 assessment roll to all property owners who received that exemption on the 2021 assessment roll, thereby dispensing with the need for renewal applications for such persons…”; and WHEREAS, Executive Order 11.1 further provides that the governing body may dispense “with the requirement for assessors to mail renewal applications to such persons;” and WHEREAS, Executive Order 11.1 further provides that the governing body may “include in such resolution procedures by which the assessor may require a renewal application to be filed when he or she has reason to believe that an owner who qualified for the exemption on the 2021 assessment roll may have since changed his or her primary residence, added another owner to the deed, transferred the property to a new owner, or died; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, acting pursuant to Executive Order 11.1, issued by Governor Hochul on December 26, 2021, hereby directs the Commissioner of the Department of Assessment and Taxation of the City of Albany to grant on the City of Albany’s 2022 assessment roll the senior exemption available under section 467 of the Real Property Tax Law and article III of Chapter 333 of the Code of the City of Albany to all property owners who received an exemption under those provisions on the City of Albany’s 2021 assessment roll, without the need for such persons to file a renewal application, unless the Commissioner of the Department of Assessment and Taxation has good cause to believe that the owner who qualified for the exemption on the 2021 assessment roll has changed his or her primary residence, added another owner to the deed, transferred the property to a new owner, or died; and BE IT FURTHER RESOLVED, that the Commissioner of the Department of Assessment and Taxation is hereby relieved of the duty to mail renewal applications to those property owners who will continue to benefit from the senior exemption by virtue of their exemption for such reason on the 2021 assessment roll. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 Sponsor: Frederick, o/b/o Finance Committee RESOLUTION 16.22.22R TITLE A RESOLUTION OF THE COMON COUNCIL DIRECTING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION OF THE CITY OF ALBANY TO GRANT PROPERTY TAX EXEMPTIONS TO SENIORS WHO RECEIVED SUCH EXEMPTION IN 2021, WITHOUT THE NEED TO FILE THE NORMAL ANNUAL RENEWAL APPLICATION GENERAL PURPOSE OF LEGISLATION Under normal circumstances, individuals 65 years of age or older may, broadly speaking, avail themselves of a property tax exemption of up to 50% of the assessed value of properties they own. This exemption is authorized both under state law, at RPTL § 467, and the City Code, in article III of chapter 333. In order to take advantage of the exemption, those entitled to it must ordinarily file an application with the assessor each year. The assessor is also required to mail application forms to all individuals who had the exemption on the previous year’s tax roll. This resolution takes advantage of Governor Hochul’s Executive Order 11.1, which provides in part that municipalities may direct their assessors to simply continue the senior exemption on the 2022 assessment roll for all properties which had it on the 2021 roll, without the need for property owners to file anew for the exemption. The Executive Order also relieves the assessor from the duty to mail applications to those who had the exemption in 2021 and allows the assessor to require applications where there is cause to believe the circumstances of the property have changed. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Executive Order requires the Common Council to approve the changes outlined above by resolution. Such changes will only be in effect on the 2022 assessment roll, the tentative version of which will be published March 1, 2022. FISCAL IMPACT None. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 16.22.22R A RESOLUTION OF THE COMON COUNCIL DIRECTING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION OF THE CITY OF ALBANY TO GRANT PROPERTY TAX EXEMPTIONS TO SENIORS WHO RECEIVED SUCH EXEMPTION IN 2021, WITHOUT THE NEED TO FILE THE NORMAL ANNUAL RENEWAL APPLICATION WHEREAS, section 467 of the Real Property Tax Law (“RPTL”) authorizes municipalities to exempt property owned by persons over the age of sixty-five from taxation up “to the extent of fifty per centum of the assessed valuation thereof;” and WHEREAS, the City of Albany grants such exemptions, pursuant to Article III, “Senior Citizen Tax Exemption,” of Chapter 333, “Taxation,” of the Code of the City of Albany; and WHEREAS, RPTL § 467 and Albany City Code § 333-37 require that property owners who wish to benefit from this exemption must file an application for the exemption with the Assessor’s Office annually; and WHEREAS, these statutes also require the Assessor to mail an application form to each person who was granted a senior exemption on the last completed assessment roll; and WHEREAS, Governor Hochul, by Executive Order 11.1, issued on December 26, 2021, has provided that the governing body of an assessing unit – here, the Common Council – may “adopt a resolution directing the assessor to grant” senior exemptions pursuant to RPTL § 467 “on the 2022 assessment roll to all property owners who received that exemption on the 2021 assessment roll, thereby dispensing with the need for renewal applications for such persons…”; and WHEREAS, Executive Order 11.1 further provides that the governing body may dispense “with the requirement for assessors to mail renewal applications to such persons;” and WHEREAS, Executive Order 11.1 further provides that the governing body may “include in such resolution procedures by which the assessor may require a renewal application to be filed when he or she has reason to believe that an owner who qualified for the exemption on the 2021 assessment roll may have since changed his or her primary residence, added another owner to the deed, transferred the property to a new owner, or died; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, acting pursuant to Executive Order 11.1, issued by Governor Hochul on December 26, 2021, hereby directs the Commissioner of the Department of Assessment and Taxation of the City of Albany to grant on the City of Albany’s 2022 assessment roll the senior exemption available under section 467 of the Real Property Tax Law and article III of Chapter 333 of the Code of the City of Albany to all property owners who received an exemption under those provisions on the City of Albany’s 2021 assessment roll, without the need for such persons to file a renewal application, unless the Commissioner of the Department of Assessment and Taxation has good cause to believe that the owner who qualified for the exemption on the 2021 assessment roll has changed his or her primary residence, added another owner to the deed, transferred the property to a new owner, or died; and BE IT FURTHER RESOLVED, that the Commissioner of the Department of Assessment and Taxation is hereby relieved of the duty to mail renewal applications to those property owners who will continue to benefit from the senior exemption by virtue of their exemption for such reason on the 2021 assessment roll. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 Sponsor: Frederick, o/b/o Finance Committee RESOLUTION 16.22.22R TITLE A RESOLUTION OF THE COMON COUNCIL DIRECTING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION OF THE CITY OF ALBANY TO GRANT PROPERTY TAX EXEMPTIONS TO SENIORS WHO RECEIVED SUCH EXEMPTION IN 2021, WITHOUT THE NEED TO FILE THE NORMAL ANNUAL RENEWAL APPLICATION GENERAL PURPOSE OF LEGISLATION Under normal circumstances, individuals 65 years of age or older may, broadly speaking, avail themselves of a property tax exemption of up to 50% of the assessed value of properties they own. This exemption is authorized both under state law, at RPTL § 467, and the City Code, in article III of chapter 333. In order to take advantage of the exemption, those entitled to it must ordinarily file an application with the assessor each year. The assessor is also required to mail application forms to all individuals who had the exemption on the previous year’s tax roll. This resolution takes advantage of Governor Hochul’s Executive Order 11.1, which provides in part that municipalities may direct their assessors to simply continue the senior exemption on the 2022 assessment roll for all properties which had it on the 2021 roll, without the need for property owners to file anew for the exemption. The Executive Order also relieves the assessor from the duty to mail applications to those who had the exemption in 2021 and allows the assessor to require applications where there is cause to believe the circumstances of the property have changed. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Executive Order requires the Common Council to approve the changes outlined above by resolution. Such changes will only be in effect on the 2022 assessment roll, the tentative version of which will be published March 1, 2022. FISCAL IMPACT None. Council Members Anane, Flynn, Hoey and Romero introduced the following: Resolution Number 17.22.22R A RESOLUTION OF THE COMMON COUNCIL URGING PASSAGE OF ALL SEVEN BILLS OF THE CRASH VICTIM RIGHTS AND SAFETY ACT IN THE NEW YORK STATE LEGISLATURE WHEREAS, according to the New York State Department of Health, traffic deaths and injuries are a major, preventable public health problem. On average, three New Yorkers daily die in traffic crashes and hundreds more are seriously injured with debilitating life-long consequences; and WHEREAS, in 2020, 931 people were killed in crashes in New York State impacting drivers, passengers, people walking and biking, children, adults and seniors from every community across the state; and WHEREAS, City of Albany residents and people who use our streets are not immune to this epidemic, and we have lost numerous people walking and biking over the years; and WHEREAS, some of the people on foot we tragically lost include sixteen year-old Albany High School student San-ya Blaylock leaving work on Central Ave in Colonie in 2021; four year- old pre-k student Ashiqur Rahman on his way to school with his mother, when he was struck by a private trash truck turning onto Central Avenue from Quail Street in 2015; seven year-old Qazir Sutherland crossing South Pearl Street in 2013 during his family’s Father’s Day cookout; twenty- eight year-old Kathryn Parker crossing Central Avenue to go to the store in 2013; and in 2012, fifty-seven year-old Gerald Bruner, who had just gotten off a CDTA bus and was on his way to work when the driver of a pickup truck made a left turn and then hit and killed Mr. Bruner; and WHEREAS, some of the people on bicycles we tragically lost include thirty-one year-old Guilderland resident Roger Sawyer on Washington Avenue Extension in Albany in 2017 while riding his bike to work in Schenectady; forty-five year old Paul Merges, Jr., who was struck by a drunk driver on Manning Boulevard in 2012 while riding his bike home after spending time with his children; and forty year-old Diva de Loayza, who was riding her bike on Western Avenue in 2007 and was struck by the driver of a minivan; and WHEREAS, crashes are the leading cause of injury-related death, second leading cause of injury-related hospitalizations, and third leading cause for injury-related emergency department visits in New York State; and WHEREAS, this crisis costs the New York State economy at least $15 billion annually in combined costs from hospitalizations, emergency responses, legal expenses, lost wages, and lost economic activity; and WHEREAS, speeding and reckless driving increased significantly during the COVID-19 pandemic and lockdown, adding more danger to increasingly larger and lethal cars; and WHEREAS, as our state reels from COVID-19, it is imperative that our economic recovery also includes a life-saving comprehensive approach to traffic safety and support for crash victims; and WHEREAS, the Crash Victim Rights & Safety Act (CVRSA) is a package of bills that will redesign our streets with safety as a priority to protect all road users, address the speeding rampant on our streets, educate drivers on bicycle and pedestrian safety, and provide support to those personally impacted; and WHEREAS, addressing our transportation crisis with this package of bills will also allow New York State to reduce carbon emissions and pollutants. Safer streets are critical for reducing carbon emissions from transportation, since increased biking and walking have the potential to create major reductions in carbon emissions – but people won’t bike and walk more if they don’t feel safe on our streets; and WHEREAS, the CVRSA includes the Statewide Speed Limit Bill (S02021 (May)/ A01007 (Paulin)), which authorizes cities, villages and towns outside NYC to reduce the speed limit to twenty-five miles per hour and Sammy’s Law (S524 (Hoylman)/ A4655 (Gottfried)), which would repeal the current requirement that speed limits in New York City cannot be lower than 25 mph (or 15 mph in school zones), to provide the City with another tool to achieve the goals of the Vision Zero; and WHEREAS, these two bills will help address serious death and injuries to pedestrians, considering that 30% of pedestrians struck by motor vehicles at an impact speed of 25 mph will sustain serious injury and about 12% will die. Each one mile-per-hour increase in speed resulted in nearly a three percent increase in the mortality rate. At speeds above 40 mph, death is nearly certain; and WHEREAS, lower speed limits in New York City, authorized by the State Legislature in 2014, contributed to a 36% decline in pedestrians killed in the City and the lowest traffic fatalities, in 2018, in history since record-keeping began in 1910. From 2013 to 2016 speeding-related fatalities decreased 32%; and WHEREAS, lowering speed limits leads to people driving slower even without additional enforcement, including faster drivers, with data from cities including Boston and Portland proving it saves lives; and WHEREAS, a Complete Street is a roadway planned and designed to consider the safe, convenient access and mobility of all roadway users of all ages and abilities. Complete Street roadway design features include sidewalks, lane striping, bicycle lanes, paved shoulders suitable for use by bicyclists, signage, crosswalks, pedestrian control signals, bus pull-outs, curb cuts, raised crosswalks, ramps, and traffic calming measures; and WHEREAS, the CVRSA includes the Complete Streets Funding Bill (S3897 (Kennedy)/ A8936 (Fahy)) which increases state funding to municipalities that agree to implement a complete street design feature and the Complete Streets Maintenance Bill (S5130 (Kennedy)/ A7782 (Rivera), which reforms our state’s Complete Streets Law to require, when possible, complete street design features in resurfacing, maintenance, and pavement recycling projects and further enables safe access to public roads for all users; and WHEREAS, according to a 2015 analysis of bicycle crashes between 2008 and 2012 by the Insurance Institute of Highway Safety (IIHS), 9 percent of crashes and 45 percent of bicycle fatalities involved a vehicle hitting the bicyclist from behind or the side while traveling in the same direction; and WHEREAS, the CVRSA includes the Safe Passage Bill (S4529 (Harkham)/ AA547 (Steck)), which establishes that a motorist must pass with no less than three feet of space between the bicycle and their vehicle when overtaking a bicyclist on the road; and WHEREAS, 35 states and the District of Columbia have passed defined safe passage laws with a minimum of three feet. Suffolk County was the first county in New York to implement a minimum three-foot rule in 2021, and Monroe County has passed one as well; and WHEREAS, the CVRSA includes the DMV Pre-Licensing Course bill (S1078A (Gounardes)/ A5084 (Gallagher)) which would require instruction in pedestrian and bicyclist safety as part of a vehicle driver’s DMV pre-licensing course to educate prospective licensees on how to safely interact with pedestrians, how to pass a bicyclist on the road, the use of bicycle lanes, and the danger that operating large multi-ton vehicles poses to bicyclists, pedestrians and other vulnerable road users; and WHEREAS, the Pre-Licensing Course bill aims to “create a thoughtful road culture” and encourage mutual respect among all types of road users, starting with robust street safety education when a teenager gets their permit; and WHEREAS, in New York State about 10,000 people are killed or seriously injured in a traffic crash every single year, and more than 100,000 suffer from non-fatal injuries. Crash victims and their families have unacceptable difficulty getting police reports, are denied the ability to attend and testify at DMV hearings, and struggle to obtain the support they need after a crash; and WHEREAS, the CVRSA includes the Crash Victim Bill of Rights (S8152 (Hoylman)/ A9152 (Glick)) to provide rights for traffic crash victims in related legal proceedings similar to the federal Crime Victims’ Rights Act; and WHEREAS, the Crash Victim Bill of Rights would ensure that crash victims and their loved ones would at a minimum be afforded the following rights: 1. Obtain a free, timely copy of the initial police crash report and the more comprehensive investigation report when completed. 2. Be notified of all proceedings related to their crash, be allowed to give a personal impact statement in related adjudicatory proceedings, including NYS DMV hearings on whether the driver’s license should be suspended or revoked, and to attend such hearings. 3. Not be penalized by an employer when attending the DMV hearing or exercising other rights under the law. NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby expresses its belief that passage of the Crash Victim Rights and Safety Act is a critical step in fighting the preventable public health problem of traffic crashes in our city and across New York State, and urges passage of all seven bills of the Crash Victim Rights and Safety Act; and BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to Governor Kathy Hochul, State Senate Majority Leader Andrea Stewart-Cousins, State Assembly Speaker Carl E. Heastie, State Senate Transportation Committee Chair, Senator Timothy M. Kennedy, State Assembly Transportation Committee Chair, Assembly Member William B. Magnarelli, State Senator Neil D. Breslin, Assembly Member Patricia A. Fahy, and Assembly Member John T. McDonald. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 SPONSOR Council Members Anane, Flynn, Hoey and Romero RESOLUTION NUMBER 17.22.22R TITLE A RESOLUTION OF THE COMMON COUNCIL URGING PASSAGE OF ALL SEVEN BILLS OF THE CRASH VICTIM RIGHTS AND SAFETY ACT IN THE NEW YORK STATE LEGISLATURE GENERAL PURPOSE OF LEGISLATION Urging passing of seven bills of for Crash Victims. FISCAL IMPACT(S) None. Council Member Anane introduced the following: RESOLUTION NUMBER 18.22.22R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING UNIVERSAL CHILD CARE WHEREAS, child care is a public good; and WHEREAS, child care must be free and accessible to all residing in New York; and WHEREAS, families should not have to go through a means-testing process to receive free child care; and WHEREAS, families should be empowered to choose the child care program that meets their children’s needs; and WHEREAS, child care teachers and providers must be compensated as their peers in public education; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany calls on the state government to invest $5 billion in the child care sector in the fiscal year 2023 proposed budget to ensure that all families have access to child care and that providers are compensated accordingly; and BE IT FURTHER RESOLVED, that the Council calls on the state government to create a plan to expand child care access to everyone who needs it; and BE IT FURTHER RESOLVED, that the Council supports all efforts to provide universal child care to all children and families in the state; and BE IT FINALLY RESOLVED, that the Council will be proactive in its efforts to promote and advocate for universal child care. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Council Re: Common Council Legislation Supporting Memorandum Date: February 10, 2022 Sponsor: Council Member Anane RESOLUTION NUMBER 18.22.22R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING UNIVERSAL CHILD CARE GENERAL PURPOSE OF LEGISLATION Advocating for Universal Child Care and supports legislation S7595 (Brisport / A8623 (Hevesi) FISCAL IMPACT None. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, February 24, 2022 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held remotely pursuant to the legislation signed on September 2, 2021 by Governor Hochul allowing municipalities to resume remote meetings until it is revoked. If the permitting legislation is revoked, modified or expires then the meeting will be conducted in person. It will be live-streamed on Facebook . If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/20 LOCAL LAWS INTRODUCED B of 2022 A LOCAL LAW AMENDING SECTION 42-384 (POWER AND DUTIES) OF PART 39 (COMMISSION ON MUNICIPAL INTERNET SERVICES) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) TO EXTEND THE TIME WITHIN WHICH THE COMMISSION MUST SUBMIT ITS PRELIMINARY REPORT C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION LOCAL LAWS HELD 1. Johnson LOCAL LAW A-2022 A LOCAL LAW AMENDING SECTION 301 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO APPOINTMENTS OF DEPARTMENT HEADS UPON COMMENCEMENT OF A NEW TERM *Referred to Law, Buildings & Code Enforcement ORDINANCES INTRODUCED 5.22.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK AND OUTDOOR CAFES 6.22.22 AN ORDINANCE AMENDING SECTION 359-75 (PERMIT REQUIRED; HOURS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING NON- PERMITTED VEHICLES FROM PARKING IN EACH RESIDENTIAL PARKING PERMIT ZONE FOR MORE THAN TWO CONSECUTIVE HOURS ORDINANCES HELD 1. Anane Ordinance 2.21.22 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Services, Health & Environment 2. Anane Oridnance 3.21.22 AN ORDINANCE AMENDING SECTION 48-17 (REQUIREMENTS OF CONTRACTOR THROUGHOUT PROJECT) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY INCREASING THE MINORITY AND WOMEN LABOR UTILIZATION PLAN FOR CONTRACTORS FROM 25% TO 30% *Referred to Human Resources & Human Rights 3. Balare Ordinance 4.21.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN NEW DEVELOPMENTS *Referrred to Planning, Economic Development and Land Use RESOLUTIONS INTRODUCED 15.22.22R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAL SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED, OR INSTALLED 16.22.22R A RESOLUTION OF THE COMMON COUNCIL DIRECTING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION OF THE CITY OF ALBANY TO GRANT PROPERTY TAX EXEMPTIONS TO SENIORS WHO RECEIVED SUCH EXEMPTION IN 2021, WITHOUT THE NEED TO FILE THE NORMAL ANNUAL RENEWAL NOTIFICATION 17.22.22R A RESOLUTION OF THE COMMON COUNCIL URGING PASSAGE OF ALL SEVEN BILLS OF THE CRASH VICTIM RIGHTS AND SAFETY ACT IN THE NEW YORK STATE LEGISLATURE 18.22.22R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING UNIVERSAL CHILD CARE RESOLUTIONS HELD 1. Planning Resolution 4.12.22 A RESOLUTION OF THE COMMON COUNCIL AMENDING THE CITY OF ALBANY CAPITAL RESOURCE CORPORATION’S CERTIFICATE OF INCORPORATION AUTHORIZING THE CONTINUATION OF THE AUTHORITY OF THE CITY OF ALBANY CAPITAL RESOURCE CORPORATION TO ISSUE OBLIGATIONS TO FINANCE PROJECTS TO BE UNDERTAKEN BY THE CORPORATION *Referred to Planning, Economic Development, and Landuse Committee* 2. Finance Resolution 5.12.22 A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN BLUE COLLAR UNION POSITIONS IN THE 2022 BUDGET *Referred to Finance, Assessment, and Taxation Committee* 3. Finance Resolution 6.12.22(MC) A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN ALBANY POLICE BENEVOLENT ASSOCIATION POSITIONS FOR THE 2022 BUDGET *Referred to Finance, Assessment, and Taxation Committee* 4. Finance Resolution 7.21.22R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE DEPUTY REGISTRAR POSITION IN THE OFFICE OF VITAL STATISTICS FOR THE 2022 BUDGET *Referred to Finance, Assement and Taxation Committee* 5. Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment Committee* 6. Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation, and Family Services*