§ 696-b. Certification to the commissioner. 1. No later than March
thirty-first, two thousand twenty-one, each employer of a covered
airport worker shall submit to the commissioner a sworn statement
certifying the total number of workers employed by such employer at a
covered airport location to perform cleaning and related services,
security related services, in terminal and passenger handling services,
airline catering, or airport lounge services, at a covered airport
location on December thirtieth, two thousand twenty, and identifying the
number that is equal to eighty percent of such total number of
employees, which shall be the December thirtieth, two thousand twenty
benchmark for the purposes of this section. Such statement shall further
include an affirmation that such employer will ensure that the number of
covered airport workers it employs at a covered airport location between
July first, two thousand twenty-one and December thirty-first, two
thousand twenty-two is no less than the December thirtieth, two thousand
twenty benchmark. Such sworn statement shall be provided by the
commissioner upon request by any airport worker performing cleaning and
related services, security related services, in terminal and passenger
handling services, airline catering, or airport lounge services, at a
covered airport location or any representative of such airport workers.
Prior to employing any airport workers to perform cleaning and related
services, security related services, in terminal and passenger handling
services, airline catering, or airport lounge services, at a covered
airport location, any successor airport employer shall obtain the
applicable December thirtieth, two thousand twenty benchmark from the
commissioner and submit to the commissioner an affirmation that such
employer will ensure that the number of covered airport workers it
employs at a covered airport location between July first, two thousand
twenty-one and December thirty-first, two thousand twenty-two is no less
than the December thirtieth, two thousand twenty benchmark.

2. Each employer of any covered airport worker employed at a covered
airport location on or after January first, two thousand twenty-three
shall submit to the commissioner, in a form and manner proscribed by the
commissioner, a sworn statement affirming that such employer will
ensure, where applicable, that the proportion of covered airport workers
in each classification it employs to work an average of at least thirty
hours per week at a covered airport location is the same as such
proportion was compared to all workers in the same classification
working at such covered airport location in the calendar year two
thousand nineteen workforce. The commissioner shall publish a list of
all covered classifications with the corresponding proportions of all
workers employed to work an average of at least thirty hours a week
compared to all workers in the same classification employed to work at
each covered airport location in the calendar year two thousand
nineteen. The commissioner shall be empowered to promulgate rules or
regulations to determine the method and accounting for such information
and to verify its accuracy, including the ability to establish a
presumed proportion where records are missing or unavailable and
provided further that such full-time levels shall be no less than such
December thirtieth, two thousand twenty benchmark. If such proportion is
not maintained, consistent with such rules or regulations promulgated by
the commissioner, then the hours worked by such part time workers, which
are outside of such proportion, shall be subject to the provisions of
this section as if they worked an average of at least thirty hours per
week at a covered airport location and were otherwise a covered airport
worker.

3. Each employer of a covered airport worker employed at a covered
airport location on December thirtieth, two thousand twenty and who is
working an average of at least thirty hours per week shall provide such
covered airport worker the ability to begin or change enrollment in an
eligible employer-sponsored plan as defined in treasury regulation
section 1.5000A-2(c)(1) for coverage beginning on July first, two
thousand twenty-one.

4. Each employer of any other covered airport worker at a covered
airport location shall provide such covered airport worker the ability
to begin or change enrollment in an eligible employer-sponsored plan as
defined in treasury regulation section 1.5000A-2(c)(1) for coverage
beginning no later than thirty days after becoming a covered airport
worker.