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PUBLIC TESTIMONY

Testimony by Melissa Barbour, Assistant Director of Mechanical Contractors Association of New York

1:56:40

·

127 sec

Melissa Barbour, representing the Mechanical Contractors Association of New York, presented survey results from their members regarding the Citizens Air Complaint Program. The testimony highlighted inconsistencies and challenges faced by small businesses in dealing with idling violations.

  • Survey results showed significant variations in the time between incidents and receiving violations, ranging from weeks to 9 months
  • Most members reported inability to view video evidence, hindering their ability to prepare a defense
  • Hearing dates were often scheduled 6 months to 2 years after the violation date, with difficult and time-consuming procedures
  • The association supports efforts for a cleaner environment but opposes Intro 291 and supports changes in other bills to address inequities in the program
Melissa Barbour
1:56:40
Hi.
1:56:41
My name is Melissa Barber.
1:56:42
I am the assistant director of the Mechanical Contractors Association of New York.
1:56:47
Our members perform heating, air conditioning, refrigeration, and fire sprinkler installation and service work throughout the Five boroughs of New York City.
1:56:55
Most of our contractors are small to medium sized businesses operating in an already challenging environment.
1:57:00
I'm here today submitting testimony As you know regarding this oversight hearing, we surveyed our membership of over 400 contractors and to gather data, and our results found a lot of what you heard today.
1:57:13
There's significant inconsistencies between contractor experiences making it clear there's no streamlined, fair, or reasonable process in place for small businesses to contend with these violations.
1:57:24
We asked our members what's the average amount of time it takes from the date of incident to receive a violation?
1:57:29
Answers ranged from a few weeks to 3 months to 6 months to 9 months.
1:57:34
Absolutely all over the place.
1:57:36
We ask when you receive a violation, can you view the video evidence?
1:57:40
This overwhelming response was no.
1:57:42
The lack of transparency hinders the ability to prepare a defense.
1:57:46
We also asked about the average time period between receipt of violation and the hearing.
1:57:51
The quickest hearing date was 6 months, the majority was over a year, and the most recently 2 years from the date of the from the date of the violation.
1:58:00
In addition, the procedure for the hearing is difficult and timely, and our members expressed frustration with trying to get into call into the hearing, waiting on the phone for party, all parties to be present, waiting for a callback, and many must decide if disputing the violation is worth the cost of losing a day of work.
1:58:16
This lack of timeliness across all facets makes it impossible for a fair legal proceeding to take place.
1:58:22
We strongly support efforts for a cleaner environment, but we want to achieve this goal rather than creating a revenue stream disguised as an environmental regulation.
1:58:32
So we really, respectfully, requested the council take immediate steps to address and correct the inequities and present with the program.
1:58:40
To that extent, intro 291, we are against and we support the changes in the other bills.
1:58:46
Thank you.
1:58:47
Thank
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