1. Meeting Agenda 1.I. August 19, 2024 | Combined Agenda And Active Calendar Documents: 24 AGENDA-ACTIVE-CALENDAR 0819.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. August 19, 2024 | Supporting Legislation Documents: AUGUST 19, 2024.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. August 19, 2024 | Active Legislation Documents: 240819 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 5.I. Assembly Bill 6875/Senate Bill 7485 - Regarding Indoor Air Quality Documents: SENATE BILL 7485 - REGARDING INDOOR AIR.PDF ASSEMBLY BILL 6875 - REGARDING INDOOR AIR.PDF 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, August 19, 2024 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 in the Common Council Chambers in City Hall and 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 Meetings 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 (Revised 8/9/2024) Page 1 of 10 Albany Common Council Active Calendar Monday, August 19, 2024 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. Legislation Prime Sponsor Subject Resolutions Introduced Balarin A RESOLUTION OF THE COMMON COUNCIL IN HONOR OF 87.82.24R ALBANY LATINFEST 2024 Resolutions Introduced Frederick A RESOLUTION OF THE COMMON COUNCIL CERTIFYING 88.82.24R TO THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXATION AND FINANCE AND TO THE CHIEF FISCAL OFFICER OF THE ALBANY CITY SCHOOL DISTRICT THE LOCALLY-ADJUSTED HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS FOR SCHOOL TAX YEAR 2024-25, PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW ARTICLE 19 Resolutions Introduced Romero A RESOLUTION OF THE COMMON COUNCIL 90.82.24R ENCOURAGING THE ALBANY MEDICAL CENTER ADMINISTRATION TO RESPECT NURSES AND PATIENTS AND SETTLE A FAIR CONTRACT WITH THE NEW YORK STATE NURSES ASSOCIATION Resolutions Introduced Frederick A RESOLUTION OF THE COMMON COUNCIL APPROVING A 91.82.24R TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL Resolutions Introduced Romero RESOLUTION OF THE ALBANY COMMON COUNCIL IN 92.82.24R SUPPORT OF EXPANDING THE STATE OF NEW YORK CLEAN AIR ACT BY INCORPORATING AN INDOOR AIR QUALITY ADVISORY COUNCIL (Revised 8/9/2024) Page 2 of 10 Local Laws Held 1 Johnson Local Law 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 *Referred to Public Safety | Discussed: 6/9/2022* 2 Balarin Local Law G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use | Discussed: 12/21/2022* 3 Romero Local Law I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to Joint Finance and Human Rights Committee | Discussed: 5/13/2024* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety | Discussed: 9/28/2022* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety | Discussed: 9/28/2022* 6 Kimbrough Local Law L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety | Discussed: 9/28/2022* 7 Adams Local Law F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 8 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* (Revised 8/9/2024) Page 3 of 10 9 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 10 Farrell Local Law F of 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS *Referred to Council Operations & Ethics* 11 Flynn Local Law G of 2024 A LOCAL LAW AMENDING SECTIONS 301 AND 403 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO THE DEPUTY MAYOR *Referred to Law, Buildings & Code Enforcement* 12 Robinson Local Law I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS *Referred to Human Resources & Human Rights* (Revised 8/9/2024) Page 4 of 10 Ordinances Introduced 1 Farrell Ordinance 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW (Revised 8/9/2024) Page 5 of 10 Ordinances Held 1 Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings & Code Enforcement* 2 Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations & Ethics* 3 Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety* 4 Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement | Discussed: 6/26/2023* 5 Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 2/27/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights | Discussed: 9/14/2023* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment | Discussed: 7/31/2023* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation | Discussed: 9/18/2023* 9 Adams Ordinance 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 8/9/2024) Page 6 of 10 10 Romero Ordinance 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 11 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* 12 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 13 Johnson Ordinance 11.51.24 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF 92 ALEXANDER STREET (TAX MAP PARCEL NUMBER 76.64-2-11) TO BENJAMIN MORTON *Referred to Finance, Assessment and Taxation* 14 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 15 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 16 Flynn Ordinance 17.53.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development & Land Use* 17 Farrell Ordinance 18.61.24 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PILOT PROGRAM FOR STREET PERFORMERS *Referred to Law, Buildings & Code Enforcement* 18 Keegan Ordinance 19.62.24 AN ORDINANCE AMENDING ARTICLE VIII (PUBLIC NUISANCE ABATEMENT) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CORRECTING DEFINITIONS TO MATCH STATE LAW *Referred to Law, Buildings & Code Enforcement* (Revised 8/9/2024) Page 7 of 10 19 Romero Ordinance 20.62.24 AN ORDINANCE AMENDING SECTION 357-74 (“ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT SYSTEM”) OF CHAPTER 359 (“VEHICLES AND TRAFFIC”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MODIFYING THE BOUNDARIES OF THE RESIDENTIAL PARKING PERMIT SYSTEM *Referred to Planning, Economic Development & Land Use* 20 Frederick Ordinance 21.71.24 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRUCK PARKING RESTRICTIONS *Referred to Law, Buildings & Code Enforcement* 21 Keegan Ordinance 22.72.24 AN ORDINANCE AMENDING ARTICLE IX (PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE DEFINITIONS OF AGGRESSIVE SOLICITATION *Referred to Public Safety* 22 Anane Ordinance 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE- UNIT DETATCHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT *Referred to Planning, Economic Development & Land Use* 23 Farrell Ordinance 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement* (Revised 8/9/2024) Page 8 of 10 Resolutions Introduced 1 Balarin *Under Consideration* Resolution 87.82.24R A RESOLUTION OF THE COMMON COUNCIL IN HONOR OF ALBANY LATINFEST 2024 2 Frederick *Under Consideration* Resolution 88.82.24R A RESOLUTION OF THE COMMON COUNCIL CERTIFYING TO THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXATION AND FINANCE AND TO THE CHIEF FISCAL OFFICER OF THE ALBANY CITY SCHOOL DISTRICT THE LOCALLY-ADJUSTED HOMESTEAD AND NON- HOMESTEAD BASE PROPORTIONS FOR SCHOOL TAX YEAR 2024-25, PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW ARTICLE 19 3 Robinson Resolution 89.82.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING THOMAS MUELLER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS 4 Romero *Under Consideration* Resolution 90.82.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE ALBANY MEDICAL CENTER ADMINISTRATION TO RESPECT NURSES AND PATIENTS AND SETTLE A FAIR CONTRACT WITH THE NEW YORK STATE NURSES ASSOCIATION 5 Frederick *Under Consideration* Resolution 91.82.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL 6 Romero *Under Consideration* Resolution 92.82.24R RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF EXPANDING THE STATE OF NEW YORK CLEAN AIR ACT BY INCORPORATING AN INDOOR AIR QUALITY ADVISORY COUNCIL (Revised 8/9/2024) Page 9 of 10 Resolutions Held 1 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 & Family Services* 2 Clarke Resolution 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee | Discussed: 2/15/2023* 3 Adams Resolution 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 4 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussed: 2/13/2024* 5 Keegan Resolution 54.53.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING OUR COMMUNITY TO SUPPORT THE EQUAL RIGHTS AMENDMENT 6 Robinson Resolution 77.72.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF GAIL S. ELLIOT AND RENAMING A PORTION OF NORTHERN BOULEVARD IN HER HONOR *Referred to General Services, Health & Environment* 7 Frederick Resolution 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Referred to Finance, Assessment and Taxation* 8 Balarin Resolution 85.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD *Referred to PEG Ad Hoc* 9 Robinson Resolution 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* (Revised 8/9/2024) Page 10 of 10 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION AUGUST 19, 2024 ORDINANCES 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW RESOLUTIONS 87.82.24R A RESOLUTION OF THE COMMON COUNCIL IN HONOR OF LATINFEST 2024 88.82.24R A RESOLUTION OF THE COMMON COUNCIL CERTIFYING TO THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXATION AND FINANCE AND TO THE CHIEF FISCAL OFFICER OF THE ALBANY CITY SCHOOL DISTRICT THE LOCALLY-ADJUSTED HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS FOR SCHOOL TAX YEAR 2024-25, PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW ARTICLE 19 89.82.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING THOMAS MUELLER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS 90.82.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE ALBANY MEDICAL CENTER ADMINISTRATION TO RESPECT NURSE AND PATIENTS AND SETTLE A FAIR CONTRACT WITH THE NEW YORK STATE NURSES ASSOCIATION 91.82.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL 92.82.24R A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF EXPANDING THE STATE OF NEW YORK CLEAN AIR ACT BY INCORPORATING AN INDOOR AIR QUALITY ADVISORY COUNCIL Council Member Farrell introduced the following: ORDINANCE 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 42-167 (Board of Assessment Review; members; term of office) of Article XXI (General Provisions) of Part 11 (Department of Assessment and Taxation) of Chapter 42 (Departments and Commissions) of Part 1 (Administrative Legislation) of the Code of the City of Albany is hereby amended as follows: § 42-167 Board of Assessment Review; members; term of office. A. There is hereby created a Board of Assessment Review pursuant to Article 5 of the Real Property Tax Law to hear and determine complaints in relation to assessments, having all the powers and duties imposed by law on boards of review by the Real Property Tax Law and by any other law, consisting of five members, a majority of whom shall not be officers or employees of the City of Albany, and excluding the Assessor and any member of his/her staff from appointment to this Board. B. The members constituting such Board first appointed shall hold office for the following terms and until their successors are appointed; one for the term of one year; one for the term of three years; and one for the term of five years. All vacancies occurring in the Board shall be filled for the unexpired term of the person for whom such vacancy occurred, unless the vacancy is by reason of the expiration of the term, then in that event the successor shall be appointed for a term of five years. C. The Department of Assessment and Taxation shall coordinate the work of the Board of Assessment Review and ensure the provision of such resources as may be necessary for the expedient review of complaints with respect to assessments. D. Pursuant to Section 525 of Real Property Tax Law, on or before the date the verified statement of changes made by the Board of Assessment Review is delivered to the assessor, the Board of Assessment Review shall mail to each complainant a notice of the Board's determination of their assessment, but no notice of the board's ratification of a stipulated assessment shall be required. Such notice shall contain: (1) A statement of the reasons for such determination; and (2) The statement “If you are the owner of a one, two or three family residential structure and reside at such residence, or, if you are the owner of unimproved Matter in strikethrough to be deleted. Matter underlined is new material. property which is not of sufficient size as determined by your assessing unit to contain a one, two or three family residential structure, you may seek small claims assessment review pursuant to title one-A of article seven of the real property tax law.” (3) A statement of the last date to file petitions for judicial review and the location where small claims assessment review petitions may be obtained. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 9TH DAY OF AUGUST, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Esq., Research Counsel Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: August 9, 2024 Sponsor: Council Member Farrell ORDINANCE 25.82.24 TITLE AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW GENERAL PURPOSE OF LEGISLATION In order to expand public understanding of the Board of Assessment Review's noticing requirements and to emphasize the need to provide a reason for the denial of grievances, this ordinance codifies those provisions from state law within City of Albany Code. This ordinance also requires that the Department of Assessment and Taxation appropriately staff the Board of Assessment Review so that they may be able to conduct their reviews thoroughly and expeditiously. NECESSITY FOR LEGISLATION An ordinance is required to amend this section of the code in order to clarify the duties of the Board of Assessment Review and prescribe duties to the Department of Assessment and Taxation. FISCAL IMPACT(S) None. Council Members Balarin, Frederick, and Romero introduced the following: RESOLUTION 87.82.24R A RESOLUTION OF THE COMMON COUNCIL IN HONOR OF ALBANY LATINFEST 2024 WHEREAS, the Albany Latin Festival Association, an organization of volunteers dedicated to promoting and developing Hispanic cultural events, has organized Albany LATINFEST 2024, which will take place at Washington Park on August 24, 2024; and WHEREAS, the Albany Latin Festival Association (ALFA) was founded during the summer of 1996 by Pedro Diaz, Vicente Alfonso, Carlos Maldonado, and other committed community members to feature music and dance representative of the Hispanic American cultural traditions that have contributed to the contemporary performing arts; and WHEREAS, ALFA promotes the positive contributions of the Hispanic community through cultural events in order to promote an appreciation for multicultural diversity; and WHEREAS, the Albany Latin Festival Association has established the Albany LATINFEST as an annual free performance event celebrating Hispanic culture through presentations of local, regional, and international Hispanic performing artists; and WHEREAS, LATINFEST 2024 is promoted and produced as a family-oriented event and has become the single largest event of its kind in the Capital Region; and WHEREAS, LATINFEST provides a space for the growing number of asylum seekers from Latin America to engage with a culture they were forced to leave behind and creates an opportunity for them to become integrated into the fabric of the City of Albany through connections they can create with businesses, civil servants, and the Hispanic community-at-large; and WHEREAS, by hosting the event at Washington Park, LATINFEST highlights the need for cultural representation in an area underserved and underrepresented by traditional cultural institutions and creates an accessible space for those who are otherwise unable to attend regional cultural events due to prohibitive costs and transportation barriers; and WHEREAS, though this event is designed as a celebration of the Hispanic cultural heritage, this ideal location provides the opportunity for all members of the surrounding Albany community to share in an event that promises to enhance their appreciation of the city’s expanding cultural diversity; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby congratulates the festival organizers and supporters of this event, thanks them for their efforts and wishes them success with the Albany LATINFEST 2024. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: August 6, 2024 Sponsor(s): Council Members Balarin, Frederick, Romero RESOLUTION 87.82.24R TITLE A RESOLUTION OF THE COMMON COUNCIL IN HONOR OF ALBANY LATINFEST 2024 GENERAL PURPOSE OF LEGISLATION Honoring Albany LATINFEST 2024 FISCAL IMPACT(S) None. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 88.82.24R A RESOLUTION OF THE COMMON COUNCIL CERTIFYING TO THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXATION AND FINANCE AND TO THE CHIEF FISCAL OFFICER OF THE ALBANY CITY SCHOOL DISTRICT THE LOCALLY-ADJUSTED HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS FOR SCHOOL TAX YEAR 2024-25, PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW ARTICLE 19 WHEREAS, by Local Law No. 1-1998, the Common Council adopted the provisions of Section 1903 of the Real Property Tax Law relating to the establishment and certification of the local adjustments to the adjusted base proportions of homestead and non-homestead classes; and WHEREAS, pursuant to section 1903(6)(a) of the Real Property Tax Law, the governing body of an assessing unit in which a school district is wholly contained must “annually certify to the chief fiscal officer of each should district wholly contained within such assessing unit and to the commissioner, the applicable locally-adjusted homestead proportions and locally-adjusted non-homestead proportions.” WHEREAS, the Albany City School District is wholly contained within the City of Albany and is the only school district within the City of Albany; and WHEREAS, the City of Albany adopted a locally-adjusted homestead base proportion of __________ percent and a locally-adjusted non-homestead base proportion of __________ percent for the 2024 tax year, which are both based on rates provided to the City by the New York State Office of Real Property Tax Services; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby certifies to the Chief Fiscal Officer of the Albany City School District and to the Commissioner of the New York State Department of Taxation and Finance that, for the 2024-25 school tax year, the locally-adjusted homestead base proportion is __________ percent and the locally-adjusted non-homestead base proportion is __________ percent; and BE IT FURTHER RESOLVED, that copies of this resolution shall, upon passage, be transmitted to the Chief Fiscal Officer of the Albany City School District and to the Commissioner of the New York State Department of Taxation and Finance. To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: August 8, 2024 Sponsor: Council Member Frederick o/b/o Finance Committee RESOLUTION NUMBER 88.82.24R TITLE A RESOLUTION OF THE COMMON COUNCIL CERTIFYING TO THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXATION AND FINANCE AND TO THE CHIEF FISCAL OFFICER OF THE ALBANY CITY SCHOOL DISTRICT THE LOCALLY- ADJUSTED HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS FOR SCHOOL TAX YEAR 2024-25, PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW ARTICLE 19 GENERAL PURPOSE OF LEGISLATION The resolution certifies to the Chief Fiscal Officer of the Albany City School District and the Commissioner of the New York State Department of Taxation and Finance the local adjustments to the base proportions of taxable value for homestead and non-homestead classes for the 2024-25 school tax year. The locally adjusted base proportion shall equal 54.71881% and the locally adjusted non- homestead base proportion shall equal 45.28119%. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Article 19 of the Real Property Tax Law requires that the “governing body,” in this case the Common Council, “of any approved assessing unit,” i.e., the City, must annually certify the City’s locally-adjusted homestead and non-homestead base proportions to both the school district’s chief fiscal officer and the commissioner of the state Department of Taxation and Finance. Since the boundaries of the Albany City School District are coterminous with those of the city itself and the district is therefore wholly contained within the city, the school district has no discretion to set its own locally-adjusted base proportions. FISCAL IMPACT(S) None. Council Member Robinson, on the behalf of Human Resources and Human Rights Committee, introduced the following: RESOLUTION 89.82.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING THOMAS MUELLER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS WHEREAS, the Common Council of the City of Albany has the authority, pursuant to the Section 42-362 of the Code of the City of Albany, to appoint members of the Commission on Human Rights; and WHEREAS, the term of such Commission members shall be for three years and members shall only serve two full consecutive terms; and WHEREAS, Thomas Mueller was appointed to serve for the remainder of a vacancy and is permitted to serve for two full three-year terms; NOW, THEREFORE, BE IT RESOLVED, that Thomas Mueller is hereby reappointed as a member of the Commission on Human Rights for a term expiring August 21, 2025. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: July 23, 2024 Sponsor: Council Member Robinson, on behalf of the Human Resources and Human Rights Committee RESOLUTION 89.82.24R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING THOMAS MUELLER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS GENERAL PURPOSE OF LEGISLATION To reappoint Thomas Mueller to the Commission on Human Rights. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Thomas Mueller's term will end on August 21, 2025. They have expressed interest in re- appointment to the board for a 3 year term. This resolution is necessary to re-appoint Thomas Mueller. FISCAL IMPACT(S) None. Council Members Romero, Adams, Anane, Balarin, Flynn, Hoey, Johnson, Keegan, Kimbrough, and Robinson introduced the following: RESOLUTION 90.82.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE ALBANY MEDICAL CENTER ADMINISTRATION TO RESPECT NURSES AND PATIENTS AND SETTLE A FAIR CONTRACT WITH THE NEW YORK STATE NURSES ASSOCIATION WHEREAS, Albany Medical Center nurses are once again advocating for a fair contract for the second time in five years; and WHEREAS, previous negotiations lasted three years, continuing during the COVID-19 pandemic which the exhausted nurses tirelessly worked through; and WHEREAS, Albany Medical Center routinely understaffs hospital units and closes otherwise available beds due to understaffing, putting patients' and nurses' safety at risk; and WHEREAS, the number of patients assigned to a nurse has a direct impact on the quality of care that a nurse can provide; and WHEREAS, peer reviewed studies have shown increasing the number of nurses at acute care facilities and nursing homes greatly improves patient outcomes and decreases patient deaths; and WHEREAS, The New York State Hospital Clinical Staffing Committee law, enacted in June 2021, requires hospitals to uphold safe staffing standards in every inpatient unit; and WHEREAS, Albany Medical Center is failing to negotiate a fair contract with nurses that would respect our community's nurses and patients by upholding safe staffing standards and delivering fair wages and benefits to hire and retain enough nurses to provide safe, quality patient care, which are the only remedies to the ongoing staffing crisis; NOW, THEREFORE, BE IT RESOLVED, that this governing body calls upon Albany Medical Center to negotiate and settle a fair contract with its nurses and to abide by the safe staffing regulations put forth in both the union contract and the New York State Hospital Clinical Staffing Committee law; BE IT FURTHER RESOLVED, that this governing body calls upon Albany Medical Center to bargain with the New York State Nurses Association in good faith; BE IT FINALLY RESOLVED, that this governing body directs the city clerk to forward a certified copy of this resolution to the Albany Medical Center Administration. To: Shaniqua Jackson, City Clerk From: Gabriella Romero, 6th Ward Representative Re: Common Council Legislation Supporting Memorandum Date: August 8, 2024 Sponsors: Council Members Romero, Adams, Anane, Balarin, Flynn, Hoey, Johnson, Keegan, Kimbrough, and Robinson RESOLUTION NUMBER 90.82.24R TITLE A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE ALBANY MEDICAL CENTER ADMINISTRATION TO RESPECT NURSES AND PATIENTS AND SETTLE A FAIR CONTRACT WITH THE NEW YORK STATE NURSES ASSOCIATION GENERAL PURPOSE OF LEGISLATION To call upon Albany Medical Center to negotiate and settle a fair contract with its nurses and to abide by safe staffing regulations FISCAL IMPACT(S) None. Council Member Frederick introduced the following: RESOLUTION 91.82.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL WHEREAS, section 604 (D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total, occurring after the adoption of the annual budget, requires the approval of the Common Council; and WHEREAS, the Common Council has requested such change in its authorized positons included in the 2024 City Budget; and WHEREAS, in furtherance of these requests, the Budget Director has requested that the amendments reflected in the subsequent chart to the authorized positions of the Common Council be made; and Action Title Budget Line Grade Range Create Legislative Director A.1010.Positions W.9 69,300 – 104,000 Delete Sr. Legislative Aide A.1010.Positions W.6 52,000 – 78,000 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of budgeted funds affecting a salary rate or salary total in order to effectuate the change in the Common Council staffing for 2024. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 25, 2024 Sponsor: Council Member Frederick RESOLUTION 91.82.24R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL GENERAL PURPOSE OF LEGISLATION To authorize a budget transfer effecting a salary change in the 2019 Common Council budget. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 604 (D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT None. Sufficient salary appropriations for these staffing changes were included in the 2024 Adopted Budget. Council Member Romero introduced the following: RESOLUTION 92.82.24R A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF EXPANDING THE STATE OF NEW YORK CLEAN AIR ACT BY INCORPORATING AN INDOOR AIR QUALITY ADVISORY COUNCIL WHEREAS, the health and well-being of Albany residents are of paramount importance; and WHEREAS, the Clean Air Act of the State of New York has made significant strides in improving outdoor air quality, thereby enhancing public health and the environment; and WHEREAS, indoor air quality is equally crucial to the health of individuals, as people spend a significant amount of their time indoors, whether at home, work, school, or other indoor environments; and WHEREAS, poor indoor air quality can lead to various health problems, including respiratory issues, allergies, asthma, and other chronic health conditions; and WHEREAS, the establishment of an Indoor Air Quality Advisory Council, as outlined in the Model Indoor Clean Air Act, would provide expert guidance, recommend best practices, and promote policies to improve indoor air quality across the state; and WHEREAS, the Indoor Air Quality Advisory Council would be composed of experts in public health, environmental science, building design, and other relevant fields, ensuring a comprehensive and informed approach to addressing indoor air quality issues; and WHEREAS, the incorporation of such a council into the State of New York Clean Air Act would demonstrate a strong commitment to protecting the health of all New Yorkers by addressing both outdoor and indoor air quality comprehensively; and WHEREAS, Assemblymember Nikki Lucas has introduced A6875, and Senator Kevin Parker has introduced S7485, legislation which will implement several programs to improve indoor air quality, including establishing photo-catalytic air scavenging technology certification centers and a weatherization and energy efficiency training program; establishing an office of workforce development and indoor air quality management training, setting minimum wage rates for indoor air quality workers, and creating an indoor air quality fund; NOW, THEREFORE, BE IT RESOLVED that the Albany Common Council hereby expresses its strong support for the expansion of the State of New York Clean Air Act to include the establishment of an Indoor Air Quality Advisory Council as outlined in the Model Indoor Clean Air Act as well as the Passage of A6875/S7485 by the State Legislature; and BE IT FURTHER RESOLVED that the Albany Common Council urges the Governor of New York, the New York State Legislature, and relevant state agencies to take all necessary actions to improve the Clean Air Act, ensuring that the indoor air quality standards and regulations are continually improved; and BE IT EVEN FURTHER RESOLVED that the Albany Common Council commits to collaborating with state and local agencies, as well as community organizations, to promote awareness and education about the importance of indoor air quality and the measures that can be taken to improve it; and BE IT EVEN FINALLY RESOLVED that a copy of this resolution be transmitted to Assemblymember Nikki Lucas, Assemblymember Patricia Fahy, Assembly Speaker Carl Heastie, and Governor Kathy Hochul. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: August 5, 2024 Sponsors: Council Member Romero RESOLUTION NUMBER 92.82.24R TITLE A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF EXPANDING THE STATE OF NEW YORK CLEAN AIR ACT BY INCORPORATING AN INDOOR AIR QUALITY ADVISORY COUNCIL GENERAL PURPOSE OF LEGISLATION To encourage the State of New York to adopt stricter standards on Indoor Air Quality by passing an Indoor Air Quality Advisory Council. FISCAL IMPACT(S) None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION AUGUST 19, 2024 NO ACTIVE LEGISLATION IS PLANNED TO BE CONSIDERED STATE OF NEW YORK ________________________________________________________________________ 7485 2023-2024 Regular Sessions IN SENATE May 31, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, the executive law, the public service law, the labor law, the state finance law, the public health law, the public authorities law, and the public housing law, in relation to implementing several programs to improve indoor air quality, including establishing photo-catalytic air scavenging technology certification centers and a weatherization and energy effi- ciency training program, and establishing the office of workforce development and indoor air quality management training, minimum wage rates for indoor air quality workers, and an indoor air quality fund 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 "sick 2 building syndrome and indoor air quality workforce training program 3 act". 4 § 2. Legislative intent and findings. The intent of this act is to 5 regulate and control "Sick Building Syndrome" by establishing policies 6 that improve indoor air quality in all buildings and facilities, includ- 7 ing public and private schools, government buildings, hospitals, and 8 residential buildings. 9 The act will establish an independent entity known as the indoor air 10 quality control board within NYSERDA, the department of public health, 11 the office of children and family services, and the empire state devel- 12 opment corporation which will oversee the implementation and enforcement 13 of policies and regulations related to sick building syndrome. This act 14 also seeks to generate professional employment opportunities within the 15 local communities through the creation of trained technicians certified 16 in maintaining and installing new air-quality control technology. 17 Nothing in this act is intended to limit the authority of any 18 district, government agency, office, or employers to enact and enforce EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10076-02-3 S. 7485 2 1 policies pertaining to indoor air quality in the workplace or to exempt 2 anyone from any requirement of federal law or pose any obstacle to the 3 federal enforcement of federal law. 4 § 3. Article 19 of the environmental conservation law is amended by 5 adding a new title 13 to read as follows: 6 TITLE 13 7 INDOOR AIR QUALITY AND HAZARDOUS AIR POLLUTANTS 8 Section 19-1301. Definitions. 9 19-1303. Photo-catalytic air scavenging technology certification 10 centers. 11 19-1305. Weatherization and energy efficiency training program. 12 19-1307. Indoor air quality index oversight committee. 13 19-1309. Rules and regulations. 14 § 19-1301. Definitions. 15 For the purposes of this title, the following terms shall have the 16 following meanings: 17 1. "Indoor air quality" means air quality within and around a covered 18 entity which affects the health and comfort of individuals within or 19 near such building. 20 2. "Hazardous air pollutants" means any substance listed as a 21 substance hazardous to the public health, safety or the environment in 22 regulations promulgated pursuant to article thirty-seven of this chapter 23 which may affect indoor air quality and shall include, but not be not 24 limited to lead, radon, asbestos, formaldehyde, volatile organic 25 compounds, dust, mold, dander, excess moisture, pesticides, substances 26 from fuel-burning combustion appliances, tobacco products, bacteria, 27 viruses and any substance known to cause health effects which exceeds a 28 specified level as designated by the commissioner. 29 3. "Health effects" means changes to a person's health and wellness 30 that occur immediately upon exposure to a hazardous air pollutant, 31 including, but not limited to, irritation of the eyes, nose, or throat, 32 headaches, dizziness and fatigue, and changes to a person's health and 33 wellness in the long-term due to being exposed to a hazardous air pollu- 34 tant, including, but not limited to, respiratory diseases, heart 35 disease, asthma and lung cancer. 36 § 19-1303. Photo-catalytic air scavenging technology certification 37 centers. 38 1. Within one year of the effective date of this title, the department 39 shall establish photo-catalytic air scavenging technology certification 40 centers. Such centers shall increase the number of well-trained indoor 41 air quality workers in order to mitigate the health effects of indoor 42 air pollution. The empire state development corporation and the office 43 of housing and community renewal on an individual basis provide feasi- 44 bility support for indoor air quality audits as a part of commercial and 45 residential development. 46 2. The photo-catalytic air scavenging technology certification centers 47 established under subdivision one of this section shall include, but not 48 be limited to: 49 (a) developing a curriculum that includes courses specifically focused 50 on photo-catalytic air scavenging technology, building science and 51 indoor air quality covering topics including, but not limited to, build- 52 ing systems and components, HVAC systems, indoor air quality, and energy 53 conservation. 54 (b) partnering with vocational schools, community colleges, and 55 universities to offer training programs for photo-catalytic air scaveng- 56 ing technology, building science and indoor air quality. Such insti- S. 7485 3 1 tutions may provide the necessary facilities, equipment, and instructors 2 to deliver the training. 3 (c) providing on-the-job training opportunities for indoor air quality 4 workers to gain hands-on experience in building science and indoor air 5 quality including, but not limited to, internships, apprenticeships, and 6 job shadowing programs with experienced professionals. 7 (d) encouraging and supporting indoor air quality workers to pursue 8 certification and licensing in photo-catalytic air scavenging technolo- 9 gy, building science and indoor air quality through organizations such 10 as the American society of heating, refrigerating and air-conditioning 11 engineers or the indoor air quality association. 12 (e) encouraging and supporting continuing education opportunities for 13 photo-catalytic air scavenging technology, building science and indoor 14 air quality workers on the latest developments in photo-catalytic air 15 scavenging technology, building science and indoor air quality includ- 16 ing, but not limited to, workshops, seminars, and conferences. 17 (f) recognizing and rewarding indoor air quality workers who have 18 achieved certifications, licenses, and other industry credentials in 19 photo-catalytic air scavenging technology, building science and indoor 20 air quality through department developed incentive programs. 21 3. Monies from the indoor air quality fund, established by section 22 ninety-nine-qq of the state finance law, may be expended for the 23 purposes provided for in this section. 24 § 19-1305. Weatherization and energy efficiency training program. 25 1. Within one year of the effective date of this title, the department 26 shall establish a weatherization and energy efficiency training program. 27 Such program shall be established to mitigate the health effects of 28 indoor air pollution by increasing awareness of hazardous air pollutants 29 which cause poor indoor air quality and the health effects of poor 30 indoor air quality. 31 2. The weatherization and energy efficiency training program estab- 32 lished under subdivision one of this section shall include, but not be 33 limited to: 34 (a) establishing training opportunities for building owners, managers, 35 and residents on weatherization and energy efficiency to prevent hazard- 36 ous air pollutants from infiltrating and contributing to poor indoor air 37 quality. 38 (b) partnering with organizations, educational institutions and 39 experts in the field of building science and energy efficiency to 40 provide training programs including, but not limited to: 41 (i) weatherization and energy efficiency; 42 (ii) identifying and sealing air leaks; 43 (iii) insulation; 44 (iv) ventilation; 45 (v) HVAC system maintenance and upgrades; and 46 (vi) renewable energy solutions. 47 (c) providing on-the-job training opportunities for building owners, 48 managers and residents to gain hands-on experience in weatherization and 49 energy efficiency. 50 (d) establishing a certification program for building owners, managers 51 and residents who have completed a training program established under 52 this section to recognize their knowledge and skills in weatherization 53 and energy efficiency. 54 (e) recognizing and rewarding building owners, managers and residents 55 who have achieved certifications, licenses, and other industry creden- S. 7485 4 1 tials in building science and energy efficiency through department 2 developed incentive programs. 3 (f) providing incentives for building owners, managers and residents 4 who exceed the weatherization and energy efficiency standards through 5 department developed incentive programs to ensure that building owners, 6 managers and residents have the necessary knowledge and skills to 7 prevent poor ozone and harmful air quality index from infiltrating and 8 contributing to poor indoor air quality. 9 (g) developing and implementing community outreach programs to educate 10 the public on indoor air quality, hazardous air pollutants, and health 11 effects risk reduction, as well as the availability of the training 12 programs established under this title. 13 3. Monies from the indoor air quality fund, established by section 14 ninety-nine-qq of the state finance law, may be expended for the 15 purposes provided for in this section. 16 § 19-1307. Indoor air quality index oversight committee. 17 1. Within one year of the effective date of this title, the department 18 shall establish an indoor air quality index oversight committee. 19 2. The indoor air quality index oversight committee established under 20 subdivision one of this section shall have the following functions, 21 powers and duties including, but not limited to: 22 (a) to ensure compliance with the provisions of this title. 23 (b) to monitor the progress of the training programs established under 24 this title. 25 (c) to provide incentives for building owners and managers who exceed 26 the weatherization and energy efficiency standards. 27 § 19-1309. Rules and regulations. 28 The commissioner shall promulgate rules and regulations in consulta- 29 tion with the commissioner of health to effectuate the requirements of 30 this title. 31 § 4. The executive law is amended by adding a new article 49-C to read 32 as follows: 33 ARTICLE 49-C 34 OFFICE OF WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY MANAGEMENT 35 TRAINING 36 Section 996. Definitions. 37 996-a. Office of workforce development and indoor air quality 38 management training. 39 996-b. Community engagement and public oversight. 40 996-c. Utilization of other agency assistance. 41 996-d. Reports. 42 § 996. Definitions. As used in this article, the following terms shall 43 have the following meanings: 44 1. "Office" shall mean the office of workforce development and indoor 45 air quality management training established by this article. 46 2. "State agency" shall mean the state and any department, division, 47 board, bureau, commission, or agency of the state or any political 48 subdivision thereof. 49 § 996-a. Office of workforce development and indoor air quality 50 management training. 1. There is hereby created within the executive 51 department the office of workforce development and indoor air quality 52 management training consisting of a director which shall be appointed by 53 the governor and such other personnel as necessary. 54 2. The office shall: S. 7485 5 1 (a) be responsible for providing training and resources to individuals 2 and businesses in the areas of workforce development and indoor air 3 quality management. 4 (b) work in conjunction with the department of education, the depart- 5 ment of labor, and the office of strategic workforce development to 6 identify workforce needs and develop training programs that meet such 7 needs. 8 (c) work in conjunction with the New York state energy research and 9 development authority to promote health through energy efficiency and 10 healthier buildings. 11 (d) work in consultation with the centers for disease control and 12 prevention to develop and implement training programs related to indoor 13 air quality management. 14 (e) work in conjunction with the New York independent system operator 15 to promote energy efficiency and indoor air quality management. 16 (f) have the authority to procure contracts. Contracts procured by the 17 office shall be exempt from the requirements of section one hundred 18 three of the general municipal law. 19 § 996-b. Community engagement and public oversight. The office shall 20 maintain a website where a member of the public can leave a public 21 comment on the office's activities related to workforce development and 22 indoor air quality. The office shall also conduct hearings at least 23 twice a year where the public can comment on the office's progress 24 toward its goals. One such hearing shall occur in a city with a popu- 25 lation of one million or more and another such hearing shall not occur 26 in a city with a population of less than one million. 27 § 996-c. Utilization of other agency assistance. All state agencies 28 are hereby authorized and directed to provide assistance and available 29 resources, as requested by the office, in order to effectuate the 30 purposes of this article related to workforce development and indoor air 31 quality. 32 § 996-d. Reports. The office shall report on its progress, accomplish- 33 ments, findings, conclusions, recommendations, and activities related to 34 workforce development and indoor air quality to the governor and to the 35 legislature annually on or before the thirty-first day of March of each 36 year. 37 § 5. The public service law is amended by adding a new section 28 to 38 read as follows: 39 § 28. Indoor air quality and continuous infectious microbial reduction 40 certification training and procurement program. 1. The commission shall 41 establish an indoor air quality and continuous infectious microbial 42 reduction certification training and procurement program for local resi- 43 dents to provide indoor air quality and continuous infectious microbial 44 reduction certification. Such program shall include certification under 45 the federal environmental protection agency and follow curriculum stand- 46 ards established by the centers for disease control and prevention and 47 the federal department of energy regarding weatherization and energy 48 efficiency. Such program shall include, but not be limited to: 49 (a) partnerships with local vocational schools, community colleges and 50 universities to provide training programs and apprenticeship and on-the- 51 job training opportunities for local residents on indoor air quality and 52 continuous infectious microbial reduction vocational skills and procure- 53 ment. 54 (b) partnerships with local vocational schools, community colleges, 55 and universities to provide training programs for renewable energy and S. 7485 6 1 microgrid system design, installation, maintenance, and procurement for 2 local residents. 3 (c) apprenticeship and on-the-job training opportunities for local 4 residents to gain hands-on experience in indoor air quality and contin- 5 uous infectious microbial reduction vocational skills and procurement. 6 2. The commission shall create an oversight committee to ensure 7 compliance to this section and monitor the progress of the training and 8 procurement program established under this section. Such oversight 9 committee shall also provide incentives for building owners and managers 10 who exceed the local training and procurement goals. 11 3. The commission shall, in order to provide minority- and women-owned 12 business enterprises, minority group members and women the opportunity 13 for meaningful participation in the training and procurement program 14 established under this section, establish goals for participation in the 15 training and procurement program by and procurement under such program 16 from minority- and women-owned business enterprises, minority group 17 members and women. For the purposes of this subdivision, "minority-owned 18 business enterprise" shall mean any business enterprise which is at 19 least fifty-one per centum owned by, or in the case of a publicly owned 20 business, at least fifty-one per centum of the stock of which is owned 21 by citizens or permanent resident noncitizens who are Black, Hispanic, 22 Asian or American Indian, and such ownership interest is real, substan- 23 tial and continuing and "women-owned business enterprise" shall mean any 24 business enterprise which is at least fifty-one per centum owned by, or 25 in the case of a publicly owned business, at least fifty-one percent of 26 the stock of which is owned by citizens or permanent resident nonciti- 27 zens who are women and such ownership interest is real, substantial and 28 continuing. 29 4. Monies from the indoor air quality fund, established by section 30 ninety-nine-qq of the state finance law, may be expended for the 31 purposes provided for in this section, and shall include, but not be 32 limited to, training and procurement programs for veterans, formerly 33 incarcerated individuals, persons who recently received a high school 34 diploma, single parents enrolled in the supplemental nutrition assist- 35 ance program and/or receive cash benefits from a temporary assistance 36 program under the federal temporary assistance for needy families. 37 5. The commission shall, no later than December thirty-first, two 38 thousand twenty-three, report to the governor, the temporary president 39 of the senate, and the speaker of the assembly on the progress of the 40 training and procurement program established under this section. Such 41 report shall include, but not be limited to: 42 (a) the number of local residents who have received training in renew- 43 able energy and indoor air quality vocational skills and procurement; 44 (b) the number of local residents who have received apprenticeship and 45 on-the-job training opportunities in renewable energy and indoor air 46 quality vocational skills and procurement; 47 (c) the number of renewable energy and microgrid systems that have 48 been designed, installed, maintained and procured by local residents; 49 (d) the number of building owners and managers who have met or 50 exceeded the local training and procurement goals; 51 (e) the number of minority- and women-owned business enterprises, 52 minority group members and women who have participated in the training 53 and procurement program; and 54 (f) the amount of monies expended from the indoor air quality fund for 55 the purposes provided for in this section. S. 7485 7 1 6. This section shall not preempt or supersede any law, rule or regu- 2 lation relating to air quality or indoor air quality, including, but not 3 limited to, the state energy law, the labor law or the public health 4 law. 5 § 6. The labor law is amended by adding a new article 19-e to read as 6 follows: 7 ARTICLE 19-E 8 MINIMUM WAGE RATES FOR INDOOR AIR QUALITY WORKERS 9 Section 697-a. Definitions. 10 697-b. Certification to the commissioner. 11 697-c. Minimum wage rate for indoor air quality workers. 12 697-d. Employment requirements for indoor air quality workers. 13 697-e. Commissioner's powers of investigation. 14 697-f. Records of employers. 15 697-g. Penalties. 16 697-h. Civil action. 17 697-i. Regulations. 18 697-j. Severability clause. 19 § 697-a. Definitions. As used in this article, the following terms 20 shall have the following meanings: 21 1. "Covered indoor air quality workers" means any person employed 22 where at least one-half of the employee's time during any workweek is 23 working in the following categories: 24 (a) mitigation of the health effects of indoor air pollution through 25 improving HVAC systems, building systems and components, and energy 26 conservation; and 27 (b) weatherization and energy efficiency to prevent hazardous air 28 pollutants from infiltrating and contributing to poor indoor air quali- 29 ty. 30 2. "Livable wage" means a wage that is sufficient for a worker to 31 afford basic necessities, including but not limited to housing, food, 32 transportation, healthcare, and child care in the local area. This shall 33 be determined by the department and reviewed annually. 34 3. "Local area" means the geographic area around a location which is 35 part of the same labor market area and is within a reasonable distance 36 for a person to travel to such location from their residence for employ- 37 ment. 38 § 697-b. Certification to the commissioner. 1. No later than March 39 thirty-first, two thousand twenty-four, and on March thirty-first of 40 each year thereafter, each employer of a covered indoor air quality 41 worker shall submit to the commissioner a sworn statement certifying the 42 total number of such workers employed by such employer. 43 2. Each employer of an indoor air quality worker shall submit to the 44 commissioner, in a form and manner prescribed by the commissioner, a 45 sworn statement affirming that such employer will ensure, where applica- 46 ble, that the indoor air quality workers it employs are paid at least 47 the minimum wage required by section six hundred ninety-seven-c of this 48 article. 49 3. Each employer of an indoor air quality worker shall submit to the 50 commissioner, in a form and manner prescribed by the commissioner, a 51 sworn statement affirming that such employer will ensure, where applica- 52 ble, that the indoor air quality workers it employs are from the local 53 area where work is being performed as required by section six hundred 54 ninety-seven-d of this article. 55 § 697-c. Minimum wage rate for indoor air quality workers. All covered 56 employers shall ensure that every covered indoor air quality worker is S. 7485 8 1 compensated at a rate that is no less than the livable wage. Nothing in 2 this article shall alter or limit any employer's obligation to pay any 3 otherwise applicable wage under article eight or nine of this chapter. 4 § 697-d. Employment requirements for indoor air quality workers. At 5 least fifty percent of covered indoor air quality workers employed by an 6 employer shall reside within the local area of where the work is being 7 performed. 8 § 697-e. Commissioner's powers of investigation. The commissioner or 9 his or her authorized representative shall have the power to: 10 1. investigate the compensation of covered indoor air quality workers 11 in the state; 12 2. enter the place of business or employment of any employer for the 13 purpose of: 14 (a) examining and inspecting any and all books, registers, payrolls, 15 and other records that in any way relate to or have a bearing upon the 16 compensation provided to, or the hours worked by any employees; and 17 (b) ascertaining whether the provisions of this article and the rules 18 and regulations promulgated hereunder are being complied with; and 19 3. require from any employer full and correct statements and reports 20 in writing, at such times as the commissioner may deem necessary, of the 21 compensation provided to and the hours worked by such employer's employ- 22 ees. 23 § 697-f. Records of employers. For every employee covered by this 24 article, every employer shall establish, maintain, and preserve for not 25 less than six years contemporaneous, true, and accurate payroll records 26 showing for each week worked the hours worked, the compensation 27 provided, plus such other information as the commissioner deems material 28 and necessary. For all covered indoor air quality workers who are not 29 exempt from overtime compensation as established in the commissioner's 30 minimum wage orders or otherwise provided by law, rule, or regulation, 31 the payroll records shall include the compensation provided and the 32 regular hourly rate or rates of pay, the overtime rate or rates of pay, 33 the number of regular hours worked, the number of overtime hours worked 34 and the cost of benefits and/or benefit supplements. On demand, the 35 employer shall furnish to the commissioner or his or her duly authorized 36 representative a sworn statement of the hours worked, and rate or rates 37 of compensation, for each covered indoor air quality worker, plus such 38 other information as the commissioner deems material and necessary. 39 Every employer shall keep such records open to inspection by the commis- 40 sioner or his or her duly authorized representative at any reasonable 41 time. Every employer of a covered indoor air quality worker shall keep 42 a digest and summary of this article, which shall be prepared by the 43 commissioner, posted in a conspicuous place in his or her establishment 44 and shall also keep posted such additional copies of said digest and 45 summary as the commissioner prescribes. Employers shall, on request, be 46 furnished with copies of this article and of orders, and of digests and 47 summaries thereof, without charge. Employers shall permit the commis- 48 sioner or his or her duly authorized representative to question without 49 interference any employee of such employer in a private location at the 50 place of employment and during working hours in respect to the wages 51 paid to and the hours worked by such employee or other employees. 52 § 697-g. Penalties. 1. If the commissioner finds that any employer has 53 violated any provision of this article or of a rule or regulation 54 promulgated thereunder, the commissioner may, after an opportunity for a 55 hearing, and by an order which shall describe particularly the nature of 56 the violation, assess the employer a civil penalty of not more than ten S. 7485 9 1 thousand dollars for the first such violation within six years, not more 2 than twenty thousand dollars for a second violation within six years and 3 not more than fifty thousand dollars for a third or subsequent violation 4 within six years. Such penalty shall be paid to the commissioner for 5 deposit in the treasury of the state. In assessing the amount of the 6 penalty, the commissioner shall give due consideration to the size of 7 the employer's business, the good faith of the employer, the gravity of 8 the violation, the history of previous violations and the failure to 9 comply with recordkeeping or other requirements. 10 2. Any order issued under subdivision one of this section shall be 11 deemed a final order of the commissioner and not subject to review by 12 any court or agency unless the employer files a petition with the indus- 13 trial board of appeals for a review of the order, pursuant to section 14 one hundred one of this chapter. 15 3. The civil penalty provided for in this section shall be in addition 16 to and may be imposed concurrently with any other remedy or penalty 17 provided for in this chapter. 18 4. Upon a showing by an employee organization, the commissioner may 19 investigate by examining payroll records whether an employer withheld 20 hours of work to employees for the purpose of reducing the employer's 21 obligations under this article. If, after the opportunity for a hearing, 22 the commissioner determines that an employer withheld hours of work to 23 employees for the purpose of reducing the employer's obligations under 24 this article, the commissioner may, in addition to any other penalty 25 available, also require that the employer pay the standard benefits 26 supplement rate to all of the employer's employees, regardless of the 27 number of hours worked by the employees. 28 § 697-h. Civil action. 1. On behalf of any employee paid less than the 29 rate to which the employee is entitled under the provisions of this 30 article, the commissioner may bring any legal action necessary, includ- 31 ing administrative action, to collect such claim, and the employer shall 32 be required to pay the full amount of the underpayment, plus costs, and 33 unless the employer proves a good faith basis to believe that its under- 34 payment was in compliance with the law, an additional amount as liqui- 35 dated damages. Liquidated damages shall be calculated by the commission- 36 er as no more than one hundred percent of the total amount of 37 underpayments found to be due the employee. In any action brought by the 38 commissioner in a court of competent jurisdiction, liquidated damages 39 shall be calculated as an amount equal to one hundred percent of under- 40 payments found to be due the employee. 41 2. Notwithstanding any other provision of law, an action to recover 42 upon a liability imposed by this article shall be commenced within six 43 years. The statute of limitations shall be tolled from the date an 44 employee files a complaint with the commissioner or the commissioner 45 commences an investigation, whichever is earlier, until an order to 46 comply issued by the commissioner becomes final, or where the commis- 47 sioner does not issue an order, until the date on which the commissioner 48 notifies the complainant that the investigation has concluded. 49 3. In any civil action by the commissioner, the commissioner shall 50 have the right to collect attorneys' fees and costs incurred in enforc- 51 ing any court judgment. Any judgment or court order awarding remedies 52 under this section shall provide that if any amounts remain unpaid upon 53 the expiration of ninety days following issuance of judgment, or ninety 54 days after expiration of the time to appeal and no appeal therefrom is 55 then pending, whichever is later, the total amount of judgment shall 56 automatically increase by fifteen percent. S. 7485 10 1 § 697-i. Regulations. The commissioner may promulgate such regulations 2 as he or she deems appropriate to carry out the purposes of this article 3 and to safeguard minimum compensation standards. 4 § 697-j. Severability clause. If any provision of this article, or any 5 application of any provision of this article, is held to be invalid, 6 that shall not affect the validity or effectiveness of any other 7 provision of this article, or of any other application of any provision 8 of this article, which can be given effect without that provision or 9 application; and to that end, the provisions and applications of this 10 article are severable. 11 § 7. The state finance law is amended by adding a new section 99-qq to 12 read as follows: 13 § 99-qq. Indoor air quality fund. 1. There is hereby established in 14 the joint custody of the comptroller, the commissioner of health, the 15 president of the New York state energy research and development authori- 16 ty, and the commissioner of housing and community renewal a fund to be 17 known as the indoor air quality fund. 18 2. Such fund shall consist of: 19 (a) all monetary grants received by the state under paragraph (z) of 20 subdivision one of section two hundred one of the public health law, 21 subdivision twenty-four of section eighteen hundred fifty-four of the 22 public authorities law, and paragraph (q) of subdivision one of section 23 fourteen of the public housing law; 24 (b) all monetary funding received by the state through coordination 25 with local government, private sector, and non-profit organizations 26 under paragraph (z) of subdivision one of section two hundred one of the 27 public health law, subdivision twenty-four of section eighteen hundred 28 fifty-four of the public authorities law, and paragraph (q) of subdivi- 29 sion one of section fourteen of the public housing law; 30 (c) all monetary gifts or bequests received by the state for the fund; 31 and 32 (d) all monies appropriated, credited, or transferred thereto from any 33 other fund or source pursuant to law. 34 3. Moneys of the fund shall be expended solely for the purposes of 35 carrying out the provisions of title thirteen of article nineteen of the 36 environmental conservation law and section twenty-eight of the public 37 service law. Monies shall be paid out of the fund on the audit and 38 warrant of the state comptroller on vouchers approved by the commission- 39 er of health, the president of the New York state energy research and 40 development authority, and the commissioner of housing and community 41 renewal. Any interest received by the comptroller on monies on deposit 42 in the indoor air quality fund shall be retained in and become part of 43 such fund. 44 4. On or before the first day of April each year, the commissioner of 45 health, the president of the New York state energy research and develop- 46 ment authority, and the commissioner of housing and community renewal 47 shall submit a report to the governor, the temporary president of the 48 senate and the speaker of the assembly outlining the funding sources and 49 amounts secured for the fund and the expenses incurred by the fund. 50 Such report shall also contain a plan outlining the strategies and 51 actions to be taken to secure the necessary funding for the long-term 52 sustainability of the fund. 53 5. The state shall make necessary appropriations to ensure the contin- 54 uation of the fund. 55 § 8. Subdivision 1 of section 201 of the public health law is amended 56 by adding a new paragraph (z) to read as follows: S. 7485 11 1 (z) identify and apply for federal grants and funding opportunities 2 related to indoor air quality in regard to public health and coordinate 3 with local government, private sector, and non-profit organizations to 4 explore additional funding opportunities related to indoor air quality 5 in regard to public health. All such grants, funding, and other monies 6 received by the state due to actions taken by the department under this 7 paragraph shall be deposited into the indoor air quality fund estab- 8 lished by section ninety-nine-qq of the state finance law. 9 § 9. Section 1854 of the public authorities law is amended by adding a 10 new subdivision 24 to read as follows: 11 24. To identify and apply for federal grants and funding opportunities 12 related to microgrids, energy efficiency and weatherization, and indoor 13 air quality in regard to renewable energy and energy conservation and to 14 coordinate with local government, private sector, and non-profit organ- 15 izations to explore additional funding opportunities related to micro- 16 grids, energy efficiency and weatherization, and indoor air quality in 17 regard to renewable energy and energy conservation. All such grants, 18 funding, and other monies received by the state due to actions taken by 19 the authority under this subdivision shall be deposited into the indoor 20 air quality fund established by section ninety-nine-qq of the state 21 finance law. 22 § 10. Subdivision 1 of section 14 of the public housing law is amended 23 by adding a new subdivision (q) to read as follows: 24 (q) identify and apply for federal grants and funding opportunities 25 related to indoor air quality in regard to affordable housing and commu- 26 nity development and coordinate with local government, private sector, 27 and non-profit organizations to explore additional funding opportunities 28 related to indoor air quality in regard to affordable housing and commu- 29 nity development. All such grants, funding, and other monies received by 30 the state due to actions taken by the commissioner under this subdivi- 31 sion shall be deposited into the indoor air quality fund established by 32 section ninety-nine-qq of the state finance law. 33 § 11. This act shall take effect immediately. Effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date. STATE OF NEW YORK ________________________________________________________________________ 6875 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. LUCAS -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, the executive law, the public service law, the labor law, the state finance law, the public health law, the public authorities law, and the public housing law, in relation to implementing several programs to improve indoor air quality, including establishing photo-catalytic air scavenging technology certification centers and a weatherization and energy effi- ciency training program, and establishing the office of workforce development and indoor air quality management training, minimum wage rates for indoor air quality workers, and an indoor air quality fund 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 "sick 2 building syndrome and indoor air quality workforce training program 3 act". 4 § 2. Legislative intent and findings. The intent of this act is to 5 regulate and control "Sick Building Syndrome" by establishing policies 6 that improve indoor air quality in all buildings and facilities, includ- 7 ing public and private schools, government buildings, hospitals, and 8 residential buildings. 9 The act will establish an independent entity known as the indoor air 10 quality control board within NYSERDA, the department of public health, 11 the office of children and family services, and the empire state devel- 12 opment corporation which will oversee the implementation and enforcement 13 of policies and regulations related to sick building syndrome. This act 14 also seeks to generate professional employment opportunities within the 15 local communities through the creation of trained technicians certified 16 in maintaining and installing new air-quality control technology. 17 Nothing in this act is intended to limit the authority of any 18 district, government agency, office, or employers to enact and enforce EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10076-02-3 A. 6875 2 1 policies pertaining to indoor air quality in the workplace or to exempt 2 anyone from any requirement of federal law or pose any obstacle to the 3 federal enforcement of federal law. 4 § 3. Article 19 of the environmental conservation law is amended by 5 adding a new title 13 to read as follows: 6 TITLE 13 7 INDOOR AIR QUALITY AND HAZARDOUS AIR POLLUTANTS 8 Section 19-1301. Definitions. 9 19-1303. Photo-catalytic air scavenging technology certification 10 centers. 11 19-1305. Weatherization and energy efficiency training program. 12 19-1307. Indoor air quality index oversight committee. 13 19-1309. Rules and regulations. 14 § 19-1301. Definitions. 15 For the purposes of this title, the following terms shall have the 16 following meanings: 17 1. "Indoor air quality" means air quality within and around a covered 18 entity which affects the health and comfort of individuals within or 19 near such building. 20 2. "Hazardous air pollutants" means any substance listed as a 21 substance hazardous to the public health, safety or the environment in 22 regulations promulgated pursuant to article thirty-seven of this chapter 23 which may affect indoor air quality and shall include, but not be not 24 limited to lead, radon, asbestos, formaldehyde, volatile organic 25 compounds, dust, mold, dander, excess moisture, pesticides, substances 26 from fuel-burning combustion appliances, tobacco products, bacteria, 27 viruses and any substance known to cause health effects which exceeds a 28 specified level as designated by the commissioner. 29 3. "Health effects" means changes to a person's health and wellness 30 that occur immediately upon exposure to a hazardous air pollutant, 31 including, but not limited to, irritation of the eyes, nose, or throat, 32 headaches, dizziness and fatigue, and changes to a person's health and 33 wellness in the long-term due to being exposed to a hazardous air pollu- 34 tant, including, but not limited to, respiratory diseases, heart 35 disease, asthma and lung cancer. 36 § 19-1303. Photo-catalytic air scavenging technology certification 37 centers. 38 1. Within one year of the effective date of this title, the department 39 shall establish photo-catalytic air scavenging technology certification 40 centers. Such centers shall increase the number of well-trained indoor 41 air quality workers in order to mitigate the health effects of indoor 42 air pollution. The empire state development corporation and the office 43 of housing and community renewal on an individual basis provide feasi- 44 bility support for indoor air quality audits as a part of commercial and 45 residential development. 46 2. The photo-catalytic air scavenging technology certification centers 47 established under subdivision one of this section shall include, but not 48 be limited to: 49 (a) developing a curriculum that includes courses specifically focused 50 on photo-catalytic air scavenging technology, building science and 51 indoor air quality covering topics including, but not limited to, build- 52 ing systems and components, HVAC systems, indoor air quality, and energy 53 conservation. 54 (b) partnering with vocational schools, community colleges, and 55 universities to offer training programs for photo-catalytic air scaveng- 56 ing technology, building science and indoor air quality. Such insti- A. 6875 3 1 tutions may provide the necessary facilities, equipment, and instructors 2 to deliver the training. 3 (c) providing on-the-job training opportunities for indoor air quality 4 workers to gain hands-on experience in building science and indoor air 5 quality including, but not limited to, internships, apprenticeships, and 6 job shadowing programs with experienced professionals. 7 (d) encouraging and supporting indoor air quality workers to pursue 8 certification and licensing in photo-catalytic air scavenging technolo- 9 gy, building science and indoor air quality through organizations such 10 as the American society of heating, refrigerating and air-conditioning 11 engineers or the indoor air quality association. 12 (e) encouraging and supporting continuing education opportunities for 13 photo-catalytic air scavenging technology, building science and indoor 14 air quality workers on the latest developments in photo-catalytic air 15 scavenging technology, building science and indoor air quality includ- 16 ing, but not limited to, workshops, seminars, and conferences. 17 (f) recognizing and rewarding indoor air quality workers who have 18 achieved certifications, licenses, and other industry credentials in 19 photo-catalytic air scavenging technology, building science and indoor 20 air quality through department developed incentive programs. 21 3. Monies from the indoor air quality fund, established by section 22 ninety-nine-qq of the state finance law, may be expended for the 23 purposes provided for in this section. 24 § 19-1305. Weatherization and energy efficiency training program. 25 1. Within one year of the effective date of this title, the department 26 shall establish a weatherization and energy efficiency training program. 27 Such program shall be established to mitigate the health effects of 28 indoor air pollution by increasing awareness of hazardous air pollutants 29 which cause poor indoor air quality and the health effects of poor 30 indoor air quality. 31 2. The weatherization and energy efficiency training program estab- 32 lished under subdivision one of this section shall include, but not be 33 limited to: 34 (a) establishing training opportunities for building owners, managers, 35 and residents on weatherization and energy efficiency to prevent hazard- 36 ous air pollutants from infiltrating and contributing to poor indoor air 37 quality. 38 (b) partnering with organizations, educational institutions and 39 experts in the field of building science and energy efficiency to 40 provide training programs including, but not limited to: 41 (i) weatherization and energy efficiency; 42 (ii) identifying and sealing air leaks; 43 (iii) insulation; 44 (iv) ventilation; 45 (v) HVAC system maintenance and upgrades; and 46 (vi) renewable energy solutions. 47 (c) providing on-the-job training opportunities for building owners, 48 managers and residents to gain hands-on experience in weatherization and 49 energy efficiency. 50 (d) establishing a certification program for building owners, managers 51 and residents who have completed a training program established under 52 this section to recognize their knowledge and skills in weatherization 53 and energy efficiency. 54 (e) recognizing and rewarding building owners, managers and residents 55 who have achieved certifications, licenses, and other industry creden- A. 6875 4 1 tials in building science and energy efficiency through department 2 developed incentive programs. 3 (f) providing incentives for building owners, managers and residents 4 who exceed the weatherization and energy efficiency standards through 5 department developed incentive programs to ensure that building owners, 6 managers and residents have the necessary knowledge and skills to 7 prevent poor ozone and harmful air quality index from infiltrating and 8 contributing to poor indoor air quality. 9 (g) developing and implementing community outreach programs to educate 10 the public on indoor air quality, hazardous air pollutants, and health 11 effects risk reduction, as well as the availability of the training 12 programs established under this title. 13 3. Monies from the indoor air quality fund, established by section 14 ninety-nine-qq of the state finance law, may be expended for the 15 purposes provided for in this section. 16 § 19-1307. Indoor air quality index oversight committee. 17 1. Within one year of the effective date of this title, the department 18 shall establish an indoor air quality index oversight committee. 19 2. The indoor air quality index oversight committee established under 20 subdivision one of this section shall have the following functions, 21 powers and duties including, but not limited to: 22 (a) to ensure compliance with the provisions of this title. 23 (b) to monitor the progress of the training programs established under 24 this title. 25 (c) to provide incentives for building owners and managers who exceed 26 the weatherization and energy efficiency standards. 27 § 19-1309. Rules and regulations. 28 The commissioner shall promulgate rules and regulations in consulta- 29 tion with the commissioner of health to effectuate the requirements of 30 this title. 31 § 4. The executive law is amended by adding a new article 49-C to read 32 as follows: 33 ARTICLE 49-C 34 OFFICE OF WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY MANAGEMENT 35 TRAINING 36 Section 996. Definitions. 37 996-a. Office of workforce development and indoor air quality 38 management training. 39 996-b. Community engagement and public oversight. 40 996-c. Utilization of other agency assistance. 41 996-d. Reports. 42 § 996. Definitions. As used in this article, the following terms shall 43 have the following meanings: 44 1. "Office" shall mean the office of workforce development and indoor 45 air quality management training established by this article. 46 2. "State agency" shall mean the state and any department, division, 47 board, bureau, commission, or agency of the state or any political 48 subdivision thereof. 49 § 996-a. Office of workforce development and indoor air quality 50 management training. 1. There is hereby created within the executive 51 department the office of workforce development and indoor air quality 52 management training consisting of a director which shall be appointed by 53 the governor and such other personnel as necessary. 54 2. The office shall: A. 6875 5 1 (a) be responsible for providing training and resources to individuals 2 and businesses in the areas of workforce development and indoor air 3 quality management. 4 (b) work in conjunction with the department of education, the depart- 5 ment of labor, and the office of strategic workforce development to 6 identify workforce needs and develop training programs that meet such 7 needs. 8 (c) work in conjunction with the New York state energy research and 9 development authority to promote health through energy efficiency and 10 healthier buildings. 11 (d) work in consultation with the centers for disease control and 12 prevention to develop and implement training programs related to indoor 13 air quality management. 14 (e) work in conjunction with the New York independent system operator 15 to promote energy efficiency and indoor air quality management. 16 (f) have the authority to procure contracts. Contracts procured by the 17 office shall be exempt from the requirements of section one hundred 18 three of the general municipal law. 19 § 996-b. Community engagement and public oversight. The office shall 20 maintain a website where a member of the public can leave a public 21 comment on the office's activities related to workforce development and 22 indoor air quality. The office shall also conduct hearings at least 23 twice a year where the public can comment on the office's progress 24 toward its goals. One such hearing shall occur in a city with a popu- 25 lation of one million or more and another such hearing shall not occur 26 in a city with a population of less than one million. 27 § 996-c. Utilization of other agency assistance. All state agencies 28 are hereby authorized and directed to provide assistance and available 29 resources, as requested by the office, in order to effectuate the 30 purposes of this article related to workforce development and indoor air 31 quality. 32 § 996-d. Reports. The office shall report on its progress, accomplish- 33 ments, findings, conclusions, recommendations, and activities related to 34 workforce development and indoor air quality to the governor and to the 35 legislature annually on or before the thirty-first day of March of each 36 year. 37 § 5. The public service law is amended by adding a new section 28 to 38 read as follows: 39 § 28. Indoor air quality and continuous infectious microbial reduction 40 certification training and procurement program. 1. The commission shall 41 establish an indoor air quality and continuous infectious microbial 42 reduction certification training and procurement program for local resi- 43 dents to provide indoor air quality and continuous infectious microbial 44 reduction certification. Such program shall include certification under 45 the federal environmental protection agency and follow curriculum stand- 46 ards established by the centers for disease control and prevention and 47 the federal department of energy regarding weatherization and energy 48 efficiency. Such program shall include, but not be limited to: 49 (a) partnerships with local vocational schools, community colleges and 50 universities to provide training programs and apprenticeship and on-the- 51 job training opportunities for local residents on indoor air quality and 52 continuous infectious microbial reduction vocational skills and procure- 53 ment. 54 (b) partnerships with local vocational schools, community colleges, 55 and universities to provide training programs for renewable energy and A. 6875 6 1 microgrid system design, installation, maintenance, and procurement for 2 local residents. 3 (c) apprenticeship and on-the-job training opportunities for local 4 residents to gain hands-on experience in indoor air quality and contin- 5 uous infectious microbial reduction vocational skills and procurement. 6 2. The commission shall create an oversight committee to ensure 7 compliance to this section and monitor the progress of the training and 8 procurement program established under this section. Such oversight 9 committee shall also provide incentives for building owners and managers 10 who exceed the local training and procurement goals. 11 3. The commission shall, in order to provide minority- and women-owned 12 business enterprises, minority group members and women the opportunity 13 for meaningful participation in the training and procurement program 14 established under this section, establish goals for participation in the 15 training and procurement program by and procurement under such program 16 from minority- and women-owned business enterprises, minority group 17 members and women. For the purposes of this subdivision, "minority-owned 18 business enterprise" shall mean any business enterprise which is at 19 least fifty-one per centum owned by, or in the case of a publicly owned 20 business, at least fifty-one per centum of the stock of which is owned 21 by citizens or permanent resident noncitizens who are Black, Hispanic, 22 Asian or American Indian, and such ownership interest is real, substan- 23 tial and continuing and "women-owned business enterprise" shall mean any 24 business enterprise which is at least fifty-one per centum owned by, or 25 in the case of a publicly owned business, at least fifty-one percent of 26 the stock of which is owned by citizens or permanent resident nonciti- 27 zens who are women and such ownership interest is real, substantial and 28 continuing. 29 4. Monies from the indoor air quality fund, established by section 30 ninety-nine-qq of the state finance law, may be expended for the 31 purposes provided for in this section, and shall include, but not be 32 limited to, training and procurement programs for veterans, formerly 33 incarcerated individuals, persons who recently received a high school 34 diploma, single parents enrolled in the supplemental nutrition assist- 35 ance program and/or receive cash benefits from a temporary assistance 36 program under the federal temporary assistance for needy families. 37 5. The commission shall, no later than December thirty-first, two 38 thousand twenty-three, report to the governor, the temporary president 39 of the senate, and the speaker of the assembly on the progress of the 40 training and procurement program established under this section. Such 41 report shall include, but not be limited to: 42 (a) the number of local residents who have received training in renew- 43 able energy and indoor air quality vocational skills and procurement; 44 (b) the number of local residents who have received apprenticeship and 45 on-the-job training opportunities in renewable energy and indoor air 46 quality vocational skills and procurement; 47 (c) the number of renewable energy and microgrid systems that have 48 been designed, installed, maintained and procured by local residents; 49 (d) the number of building owners and managers who have met or 50 exceeded the local training and procurement goals; 51 (e) the number of minority- and women-owned business enterprises, 52 minority group members and women who have participated in the training 53 and procurement program; and 54 (f) the amount of monies expended from the indoor air quality fund for 55 the purposes provided for in this section. A. 6875 7 1 6. This section shall not preempt or supersede any law, rule or regu- 2 lation relating to air quality or indoor air quality, including, but not 3 limited to, the state energy law, the labor law or the public health 4 law. 5 § 6. The labor law is amended by adding a new article 19-e to read as 6 follows: 7 ARTICLE 19-E 8 MINIMUM WAGE RATES FOR INDOOR AIR QUALITY WORKERS 9 Section 697-a. Definitions. 10 697-b. Certification to the commissioner. 11 697-c. Minimum wage rate for indoor air quality workers. 12 697-d. Employment requirements for indoor air quality workers. 13 697-e. Commissioner's powers of investigation. 14 697-f. Records of employers. 15 697-g. Penalties. 16 697-h. Civil action. 17 697-i. Regulations. 18 697-j. Severability clause. 19 § 697-a. Definitions. As used in this article, the following terms 20 shall have the following meanings: 21 1. "Covered indoor air quality workers" means any person employed 22 where at least one-half of the employee's time during any workweek is 23 working in the following categories: 24 (a) mitigation of the health effects of indoor air pollution through 25 improving HVAC systems, building systems and components, and energy 26 conservation; and 27 (b) weatherization and energy efficiency to prevent hazardous air 28 pollutants from infiltrating and contributing to poor indoor air quali- 29 ty. 30 2. "Livable wage" means a wage that is sufficient for a worker to 31 afford basic necessities, including but not limited to housing, food, 32 transportation, healthcare, and child care in the local area. This shall 33 be determined by the department and reviewed annually. 34 3. "Local area" means the geographic area around a location which is 35 part of the same labor market area and is within a reasonable distance 36 for a person to travel to such location from their residence for employ- 37 ment. 38 § 697-b. Certification to the commissioner. 1. No later than March 39 thirty-first, two thousand twenty-four, and on March thirty-first of 40 each year thereafter, each employer of a covered indoor air quality 41 worker shall submit to the commissioner a sworn statement certifying the 42 total number of such workers employed by such employer. 43 2. Each employer of an indoor air quality worker shall submit to the 44 commissioner, in a form and manner prescribed by the commissioner, a 45 sworn statement affirming that such employer will ensure, where applica- 46 ble, that the indoor air quality workers it employs are paid at least 47 the minimum wage required by section six hundred ninety-seven-c of this 48 article. 49 3. Each employer of an indoor air quality worker shall submit to the 50 commissioner, in a form and manner prescribed by the commissioner, a 51 sworn statement affirming that such employer will ensure, where applica- 52 ble, that the indoor air quality workers it employs are from the local 53 area where work is being performed as required by section six hundred 54 ninety-seven-d of this article. 55 § 697-c. Minimum wage rate for indoor air quality workers. All covered 56 employers shall ensure that every covered indoor air quality worker is A. 6875 8 1 compensated at a rate that is no less than the livable wage. Nothing in 2 this article shall alter or limit any employer's obligation to pay any 3 otherwise applicable wage under article eight or nine of this chapter. 4 § 697-d. Employment requirements for indoor air quality workers. At 5 least fifty percent of covered indoor air quality workers employed by an 6 employer shall reside within the local area of where the work is being 7 performed. 8 § 697-e. Commissioner's powers of investigation. The commissioner or 9 his or her authorized representative shall have the power to: 10 1. investigate the compensation of covered indoor air quality workers 11 in the state; 12 2. enter the place of business or employment of any employer for the 13 purpose of: 14 (a) examining and inspecting any and all books, registers, payrolls, 15 and other records that in any way relate to or have a bearing upon the 16 compensation provided to, or the hours worked by any employees; and 17 (b) ascertaining whether the provisions of this article and the rules 18 and regulations promulgated hereunder are being complied with; and 19 3. require from any employer full and correct statements and reports 20 in writing, at such times as the commissioner may deem necessary, of the 21 compensation provided to and the hours worked by such employer's employ- 22 ees. 23 § 697-f. Records of employers. For every employee covered by this 24 article, every employer shall establish, maintain, and preserve for not 25 less than six years contemporaneous, true, and accurate payroll records 26 showing for each week worked the hours worked, the compensation 27 provided, plus such other information as the commissioner deems material 28 and necessary. For all covered indoor air quality workers who are not 29 exempt from overtime compensation as established in the commissioner's 30 minimum wage orders or otherwise provided by law, rule, or regulation, 31 the payroll records shall include the compensation provided and the 32 regular hourly rate or rates of pay, the overtime rate or rates of pay, 33 the number of regular hours worked, the number of overtime hours worked 34 and the cost of benefits and/or benefit supplements. On demand, the 35 employer shall furnish to the commissioner or his or her duly authorized 36 representative a sworn statement of the hours worked, and rate or rates 37 of compensation, for each covered indoor air quality worker, plus such 38 other information as the commissioner deems material and necessary. 39 Every employer shall keep such records open to inspection by the commis- 40 sioner or his or her duly authorized representative at any reasonable 41 time. Every employer of a covered indoor air quality worker shall keep 42 a digest and summary of this article, which shall be prepared by the 43 commissioner, posted in a conspicuous place in his or her establishment 44 and shall also keep posted such additional copies of said digest and 45 summary as the commissioner prescribes. Employers shall, on request, be 46 furnished with copies of this article and of orders, and of digests and 47 summaries thereof, without charge. Employers shall permit the commis- 48 sioner or his or her duly authorized representative to question without 49 interference any employee of such employer in a private location at the 50 place of employment and during working hours in respect to the wages 51 paid to and the hours worked by such employee or other employees. 52 § 697-g. Penalties. 1. If the commissioner finds that any employer has 53 violated any provision of this article or of a rule or regulation 54 promulgated thereunder, the commissioner may, after an opportunity for a 55 hearing, and by an order which shall describe particularly the nature of 56 the violation, assess the employer a civil penalty of not more than ten A. 6875 9 1 thousand dollars for the first such violation within six years, not more 2 than twenty thousand dollars for a second violation within six years and 3 not more than fifty thousand dollars for a third or subsequent violation 4 within six years. Such penalty shall be paid to the commissioner for 5 deposit in the treasury of the state. In assessing the amount of the 6 penalty, the commissioner shall give due consideration to the size of 7 the employer's business, the good faith of the employer, the gravity of 8 the violation, the history of previous violations and the failure to 9 comply with recordkeeping or other requirements. 10 2. Any order issued under subdivision one of this section shall be 11 deemed a final order of the commissioner and not subject to review by 12 any court or agency unless the employer files a petition with the indus- 13 trial board of appeals for a review of the order, pursuant to section 14 one hundred one of this chapter. 15 3. The civil penalty provided for in this section shall be in addition 16 to and may be imposed concurrently with any other remedy or penalty 17 provided for in this chapter. 18 4. Upon a showing by an employee organization, the commissioner may 19 investigate by examining payroll records whether an employer withheld 20 hours of work to employees for the purpose of reducing the employer's 21 obligations under this article. If, after the opportunity for a hearing, 22 the commissioner determines that an employer withheld hours of work to 23 employees for the purpose of reducing the employer's obligations under 24 this article, the commissioner may, in addition to any other penalty 25 available, also require that the employer pay the standard benefits 26 supplement rate to all of the employer's employees, regardless of the 27 number of hours worked by the employees. 28 § 697-h. Civil action. 1. On behalf of any employee paid less than the 29 rate to which the employee is entitled under the provisions of this 30 article, the commissioner may bring any legal action necessary, includ- 31 ing administrative action, to collect such claim, and the employer shall 32 be required to pay the full amount of the underpayment, plus costs, and 33 unless the employer proves a good faith basis to believe that its under- 34 payment was in compliance with the law, an additional amount as liqui- 35 dated damages. Liquidated damages shall be calculated by the commission- 36 er as no more than one hundred percent of the total amount of 37 underpayments found to be due the employee. In any action brought by the 38 commissioner in a court of competent jurisdiction, liquidated damages 39 shall be calculated as an amount equal to one hundred percent of under- 40 payments found to be due the employee. 41 2. Notwithstanding any other provision of law, an action to recover 42 upon a liability imposed by this article shall be commenced within six 43 years. The statute of limitations shall be tolled from the date an 44 employee files a complaint with the commissioner or the commissioner 45 commences an investigation, whichever is earlier, until an order to 46 comply issued by the commissioner becomes final, or where the commis- 47 sioner does not issue an order, until the date on which the commissioner 48 notifies the complainant that the investigation has concluded. 49 3. In any civil action by the commissioner, the commissioner shall 50 have the right to collect attorneys' fees and costs incurred in enforc- 51 ing any court judgment. Any judgment or court order awarding remedies 52 under this section shall provide that if any amounts remain unpaid upon 53 the expiration of ninety days following issuance of judgment, or ninety 54 days after expiration of the time to appeal and no appeal therefrom is 55 then pending, whichever is later, the total amount of judgment shall 56 automatically increase by fifteen percent. A. 6875 10 1 § 697-i. Regulations. The commissioner may promulgate such regulations 2 as he or she deems appropriate to carry out the purposes of this article 3 and to safeguard minimum compensation standards. 4 § 697-j. Severability clause. If any provision of this article, or any 5 application of any provision of this article, is held to be invalid, 6 that shall not affect the validity or effectiveness of any other 7 provision of this article, or of any other application of any provision 8 of this article, which can be given effect without that provision or 9 application; and to that end, the provisions and applications of this 10 article are severable. 11 § 7. The state finance law is amended by adding a new section 99-qq to 12 read as follows: 13 § 99-qq. Indoor air quality fund. 1. There is hereby established in 14 the joint custody of the comptroller, the commissioner of health, the 15 president of the New York state energy research and development authori- 16 ty, and the commissioner of housing and community renewal a fund to be 17 known as the indoor air quality fund. 18 2. Such fund shall consist of: 19 (a) all monetary grants received by the state under paragraph (z) of 20 subdivision one of section two hundred one of the public health law, 21 subdivision twenty-four of section eighteen hundred fifty-four of the 22 public authorities law, and paragraph (q) of subdivision one of section 23 fourteen of the public housing law; 24 (b) all monetary funding received by the state through coordination 25 with local government, private sector, and non-profit organizations 26 under paragraph (z) of subdivision one of section two hundred one of the 27 public health law, subdivision twenty-four of section eighteen hundred 28 fifty-four of the public authorities law, and paragraph (q) of subdivi- 29 sion one of section fourteen of the public housing law; 30 (c) all monetary gifts or bequests received by the state for the fund; 31 and 32 (d) all monies appropriated, credited, or transferred thereto from any 33 other fund or source pursuant to law. 34 3. Moneys of the fund shall be expended solely for the purposes of 35 carrying out the provisions of title thirteen of article nineteen of the 36 environmental conservation law and section twenty-eight of the public 37 service law. Monies shall be paid out of the fund on the audit and 38 warrant of the state comptroller on vouchers approved by the commission- 39 er of health, the president of the New York state energy research and 40 development authority, and the commissioner of housing and community 41 renewal. Any interest received by the comptroller on monies on deposit 42 in the indoor air quality fund shall be retained in and become part of 43 such fund. 44 4. On or before the first day of April each year, the commissioner of 45 health, the president of the New York state energy research and develop- 46 ment authority, and the commissioner of housing and community renewal 47 shall submit a report to the governor, the temporary president of the 48 senate and the speaker of the assembly outlining the funding sources and 49 amounts secured for the fund and the expenses incurred by the fund. 50 Such report shall also contain a plan outlining the strategies and 51 actions to be taken to secure the necessary funding for the long-term 52 sustainability of the fund. 53 5. The state shall make necessary appropriations to ensure the contin- 54 uation of the fund. 55 § 8. Subdivision 1 of section 201 of the public health law is amended 56 by adding a new paragraph (z) to read as follows: A. 6875 11 1 (z) identify and apply for federal grants and funding opportunities 2 related to indoor air quality in regard to public health and coordinate 3 with local government, private sector, and non-profit organizations to 4 explore additional funding opportunities related to indoor air quality 5 in regard to public health. All such grants, funding, and other monies 6 received by the state due to actions taken by the department under this 7 paragraph shall be deposited into the indoor air quality fund estab- 8 lished by section ninety-nine-qq of the state finance law. 9 § 9. Section 1854 of the public authorities law is amended by adding a 10 new subdivision 24 to read as follows: 11 24. To identify and apply for federal grants and funding opportunities 12 related to microgrids, energy efficiency and weatherization, and indoor 13 air quality in regard to renewable energy and energy conservation and to 14 coordinate with local government, private sector, and non-profit organ- 15 izations to explore additional funding opportunities related to micro- 16 grids, energy efficiency and weatherization, and indoor air quality in 17 regard to renewable energy and energy conservation. All such grants, 18 funding, and other monies received by the state due to actions taken by 19 the authority under this subdivision shall be deposited into the indoor 20 air quality fund established by section ninety-nine-qq of the state 21 finance law. 22 § 10. Subdivision 1 of section 14 of the public housing law is amended 23 by adding a new subdivision (q) to read as follows: 24 (q) identify and apply for federal grants and funding opportunities 25 related to indoor air quality in regard to affordable housing and commu- 26 nity development and coordinate with local government, private sector, 27 and non-profit organizations to explore additional funding opportunities 28 related to indoor air quality in regard to affordable housing and commu- 29 nity development. All such grants, funding, and other monies received by 30 the state due to actions taken by the commissioner under this subdivi- 31 sion shall be deposited into the indoor air quality fund established by 32 section ninety-nine-qq of the state finance law. 33 § 11. This act shall take effect immediately. Effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date.