The measure would require the City to adopt minimum air quality standards in regularly occupied City-owned and City-leased buildings to reduce the spread of communicable diseases. By April 1, 2025, the City would need to adopt American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 241-2023 or a standard of equal or superior stringency. The City would also need to maintain, in all covered buildings during operating hours, the applicable Minimum Equivalent Clean Airflow Per Person in the Breathing Zone in Infection Risk Management Mode as specified in Table 5-1 of ASHRAE Standard 241-2023. The measure would prohibit the City from seeking to achieve this requirement by using ultraviolet light that would contact human skin, or by using technologies that emit ozone, volatile organic compounds, oxidation byproducts, or excessive decibels.
Under the measure, the City would also be required to maintain the necessary equipment used to achieve the required standards. If such equipment malfunctions, the City would be required to close and evacuate affected buildings and to repair the equipment in an expeditious manner. If the City cannot repair the problems within 24 hours of a notice of malfunction, the City would be required to provide alternative services for individuals unable to obtain services because of the closure of affected buildings, and to pay City employees who work in the affected buildings at their full rate for all scheduled hours during the closure. The City would not be required to provide such alternative services during any period where it is prevented from repairing the malfunctioning equipment because of a natural disaster or act of God, other than a pandemic or other infectious disease outbreak.
The measure would further require the City to display conspicuous public signs in affected buildings attesting to compliance, detailing the normal maintenance schedules, and procedures to request more technical information about the City’s equipment. Additionally, from January 1, 2025, through April 1, 2025, before the above requirements take effect, the City would be required to take interim measures to improve ventilation, including by ensuring that all windows that can open are open during operating hours (except during inclement weather), and by installing high-efficiency air filters for areas of buildings where windows cannot open.
The measure would grant private parties the right to sue and seek injunctive relief and civil penalties to enforce the measure; however, before filing a lawsuit, a party must notify the City of any violations and allow the City to cure the violations within five days of receiving notice. A prevailing plaintiff would be entitled to an award of reasonable attorney’s fees and costs.
According to the City’s estimates, the estimated cost range for facility assessments is $2 million to $4 million, with additional costs anticipated for system upgrades, staff training, and ongoing maintenance.
Source: City of Berkeley Ballot Measure Documents