S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  434--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BRONSON, REYES, SEAWRIGHT, KELLES, LUNSFORD,
   RIVERA, DE LOS SANTOS, SIMON, STECK, MEEKS,  JACOBSON,  FAHY,  COLTON,
   L. ROSENTHAL,  STIRPE,  TAYLOR, HEVESI, ARDILA, LUCAS -- read once and
   referred to the Committee on Labor -- reported  and  referred  to  the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  labor law and the executive law, in relation to
   establishing the "New York  state  lead-safe  renovation,  repair  and
   painting act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  article  31-A  to
 read as follows:
                               ARTICLE 31-A
                         NEW YORK STATE LEAD-SAFE
                    RENOVATION, REPAIR AND PAINTING ACT
 SECTION 925. SHORT TITLE.
         926. LEGISLATIVE FINDINGS.
         927. DEFINITIONS.
         928. RESIDENTIAL PROPERTY RENOVATION.
   §  925.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "NEW YORK STATE LEAD-SAFE RENOVATION, REPAIR AND PAINTING ACT".
   § 926. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES
 THAT LEAD POISONING OF CHILDREN PERSISTS AS ONE OF  THE  MOST  PREVALENT
 AND  PREVENTABLE  ENVIRONMENTAL DISEASES IN NEW YORK. NEARLY ONE HUNDRED
 THOUSAND CHILDREN WERE NEWLY IDENTIFIED WITH LEVELS  OF  LEAD  IN  THEIR
 BLOOD  AT  FIVE  MICROGRAMS  PER DECILITER IN NEW YORK STATE BETWEEN TWO
 THOUSAND ELEVEN AND TWO THOUSAND  FIFTEEN.  MEDICAL  RESEARCH  INDICATES
 THAT  CHILDREN  CAN  SUFFER  PERMANENT BRAIN DAMAGE AT BLOOD LEVELS EVEN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01686-02-4
              

 A. 434--A                           2
 
 LOWER THAN FIVE MICROGRAMS PER DECILITER, AND THAT THERE IS NO LEVEL  OF
 LEAD INGESTION WHICH IS WITHOUT ADVERSE IMPACT.
   THE  PREDOMINANT  CAUSE OF LEAD POISONING IN CHILDREN IS THE INGESTION
 OF LEAD DUST FROM LEAD-BASED PAINT FROM OLDER RESIDENCES.  ALTHOUGH  NEW
 YORK  STATE  BANNED  THE  SALE  OF  LEAD-BASED PAINT IN NINETEEN HUNDRED
 SEVENTY,  SEVENTY-FOUR  PERCENT  OF  NEW  YORK'S   HOUSING   STOCK   WAS
 CONSTRUCTED  PRIOR  TO  NINETEEN  HUNDRED SEVENTY AND TEN PERCENT OF NEW
 YORK'S HOUSING WAS CONSTRUCTED  BETWEEN  NINETEEN  HUNDRED  SEVENTY  AND
 NINETEEN HUNDRED SEVENTY-NINE WHILE LEAD-BASED PAINT WAS STILL AVAILABLE
 THROUGH  NINETEEN  HUNDRED  SEVENTY-EIGHT.  NEW  YORK STATE HAS BOTH THE
 NATION'S GREATEST NUMBER (OVER FOUR MILLION UNITS), THE HIGHEST PERCENT-
 AGE (55.08%) OF PRE-NINETEEN  HUNDRED  SIXTY  AND  PRE-NINETEEN  HUNDRED
 FIFTY  (41.0%) HOUSING, AND THE OLDEST HOUSING INVENTORY AMONG THE FIFTY
 STATES.  ACCORDING TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY,  SOME
 LEAD  PAINTED  SURFACES  CAN  BE  FOUND IN EIGHTY-SEVEN PERCENT OF HOMES
 CONSTRUCTED BEFORE NINETEEN HUNDRED FORTY, SIXTY-NINE PERCENT  OF  HOMES
 CONSTRUCTED  BETWEEN  NINETEEN HUNDRED FORTY AND NINETEEN HUNDRED FIFTY-
 NINE, AND TWENTY-FOUR PERCENT  OF  HOMES  CONSTRUCTED  BETWEEN  NINETEEN
 HUNDRED SIXTY AND NINETEEN HUNDRED SEVENTY-EIGHT. NEW YORK STATE'S OLDER
 HOUSING  STOCK  PLACES  RESIDENTS  AT  GREAT  RISK  OF  EXPOSURE TO LEAD
 HAZARDS, WITH LOW-INCOME CHILDREN LIVING IN  OLDER  HOUSING  HAVING  THE
 HIGHEST RISK OF LEAD POISONING.
   A  KEY SOURCE OF LEAD DUST IS RENOVATION, REPAIR, AND PAINTING WORK IN
 HOMES THAT CONTAIN LEAD-BASED PAINT. THESE  ACTIVITIES  EXACERBATE  LEAD
 DUST LEVELS AND LEAVE HARMFUL DUST FOR MANY YEARS.
   RENOVATION WORKERS OFTEN UNWITTINGLY EXPOSE THEMSELVES TO LEAD HAZARDS
 BY  USING  UNSAFE WORK PRACTICES THAT RESULT IN EXPOSURE FOR WORKERS AND
 THEIR FAMILY MEMBERS.
   THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS DEVELOPED GUIDE-
 LINES TO CONDUCT RENOVATIONS IN A LEAD-SAFE MANNER, KNOWN AS  THE  RENO-
 VATION, REPAIR, AND PAINTING (RRP) RULE AND COMPLIANCE WITH THE RRP RULE
 IS  REQUIRED  FOR  ALL  CONTRACTORS AND LANDLORDS WORKING IN HOUSING AND
 CHILDCARE  FACILITIES  BUILT  BEFORE  NINETEEN  HUNDRED   SEVENTY-EIGHT.
 HOWEVER,  THE EPA'S ENFORCEMENT OF THIS PROGRAM, WHICH INCLUDES OVER SIX
 MILLION HOMES IN NEW YORK STATE, IS MINIMAL WITH ONLY SEVEN EPA ENFORCE-
 MENT ACTIONS IN NEW YORK IN TWO THOUSAND NINETEEN.
   MULTIPLE STUDIES CONDUCTED PRIOR TO IMPLEMENTATION  OF  THE  RRP  RULE
 PRESENT  THE  HARMFUL  EFFECTS  OF  LEAD DUST PRODUCED FROM SPECIFICALLY
 RENOVATION, REPAIR, AND PAINTING ACTIVITIES  IN  HOMES  WITH  LEAD-BASED
 PAINT.  ONE  STUDY OF CHILDREN IN NEW YORK IN TWO THOUSAND SIX-TWO THOU-
 SAND SEVEN FOUND THAT FOURTEEN PERCENT OF THE  CHILDREN  WITH  EXTREMELY
 HIGH  EBLLS  (TWENTY MICROGRAMS PER DECILITER AND ABOVE) WERE RELATED TO
 RENOVATION, REPAIR AND PAINTING ACTIVITIES;  ALL  THE  HOMES  LINKED  TO
 RRP-RELATED  LEAD  EXPOSURE  WERE BUILT BEFORE NINETEEN HUNDRED SEVENTY-
 EIGHT EXCEPT ONE, AND CHILDREN WITH LOWER EBLLS (LESS THAN TWENTY MICRO-
 GRAMS PER DECILITER) WERE ESTIMATED TO HAVE BEEN  PRIMARILY  EXPOSED  TO
 LEAD THROUGH RRP ACTIVITIES IN NEARLY FORTY PERCENT OF CASES. THIS INDI-
 CATES  THAT  RENOVATION,  REPAIR  AND PAINTING ACTIVITIES ARE ONE OF THE
 PRIMARY SOURCES OF LEAD EXPOSURE IN YOUNG CHILDREN. IF  THESE  RATES  OF
 EXPOSURE FROM RRP ARE EXTRAPOLATED TO HOLD FOR THE ENTIRE NEW YORK STATE
 POPULATION  OF  LEAD-EXPOSED CHILDREN, APPROXIMATELY NINE THOUSAND THREE
 HUNDRED TWENTY-SEVEN CHILDREN BECOME SUBJECT  TO  LEAD  POISONING  AS  A
 RESULT  OF  RENOVATION,  REPAIR,  AND  PAINTING ACTIVITIES EACH YEAR. OF
 THOSE, TWO THOUSAND FOUR  HUNDRED  EIGHTEEN  CHILDREN  WOULD  EXPERIENCE
 SEVERELY  HIGH  EBLLS  OF TWENTY MICROGRAMS PER DECILITER OR GREATER AND
 A. 434--A                           3
 
 ABOVE. THE SAFE WORK PRACTICES IN THE RRP  RULE  CAN  ALSO  PROTECT  THE
 HEALTH OF RENOVATION WORKERS.
   THE EPA REGULATIONS PROVIDE THAT STATES CAN OBTAIN DELEGATION FROM THE
 FEDERAL  GOVERNMENT  TO  MANAGE THEIR OWN LEAD-SAFE RENOVATION PROGRAMS,
 AND AT LEAST FOURTEEN  STATES  HAVE  DONE  SO  AND  TAILORED  THEIR  RRP
 PROGRAMS  TO  MEET  THE  IMPLEMENTATION  AND  ENFORCEMENT NEEDS OF THEIR
 STATE. WITH THE OLDEST HOUSING STOCK IN THE  NATION,  NEW  YORK  HAS  AN
 ESPECIALLY  SERIOUS  LEAD  POISONING  PROBLEM AND URGENTLY NEEDS TO SEEK
 AUTHORIZATION FOR THIS PROGRAM. DOING SO WILL GIVE  STATE  AGENCIES  THE
 AUTHORITY  TO  ENFORCE  EXISTING  REGULATIONS  AND  THE  OPPORTUNITY  TO
 STRENGTHEN THEM IN AN APPROPRIATE MANNER.
   § 927. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "LEAD-BASED PAINT" MEANS PAINT OR  OTHER  SIMILAR  SURFACE  COATING
 MATERIAL  CONTAINING  1.0  MILLIGRAMS  OF  LEAD PER SQUARE CENTIMETER OR
 GREATER, AS DETERMINED BY LABORATORY ANALYSIS OF PAINT SAMPLES WITH  ALL
 LAYERS  OF  PAINT  PRESENT,  OR BY AN X-RAY FLUORESCENCE ANALYZER. IF AN
 X-RAY FLUORESCENCE ANALYZER IS USED, READINGS  SHALL  BE  CORRECTED  FOR
 SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE PERFORMANCE CHARACTER-
 ISTIC  SHEETS  RELEASED  BY  THE  UNITED STATES ENVIRONMENTAL PROTECTION
 AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER  USED.  X-RAY  FLUORESCENCE
 READINGS  SHALL  BE  CLASSIFIED AS POSITIVE, NEGATIVE OR INCONCLUSIVE IN
 ACCORDANCE WITH THE MOST RECENT UNITED STATES DEPARTMENT OF HOUSING  AND
 URBAN  DEVELOPMENT  GUIDELINES  FOR  THE EVALUATION AND CONTROL OF LEAD-
 BASED PAINT HAZARDS IN HOUSING AND THE PERFORMANCE CHARACTERISTIC SHEETS
 RELEASED BY THE UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  AND  THE
 UNITED  STATES  DEPARTMENT  OF  HOUSING  AND  URBAN  DEVELOPMENT FOR THE
 SPECIFIC X-RAY FLUORESCENCE ANALYZER USED. X-RAY  FLUORESCENCE  READINGS
 THAT FALL WITHIN THE INCONCLUSIVE ZONE, AS DETERMINED BY THE PERFORMANCE
 CHARACTERISTIC  SHEETS,  SHALL  BE  CONFIRMED  BY LABORATORY ANALYSIS OF
 PAINT CHIPS, RESULTS SHALL BE REPORTED IN MILLIGRAMS OF LEAD PER  SQUARE
 CENTIMETER  AND THE MEASURE OF SUCH LABORATORY ANALYSIS SHALL BE DEFINI-
 TIVE. IF LABORATORY ANALYSIS IS USED TO DETERMINE LEAD CONTENT,  RESULTS
 SHALL BE REPORTED IN MILLIGRAMS OF LEAD PER SQUARE CENTIMETER. WHERE THE
 SURFACE  AREA OF A PAINT CHIP SAMPLE CANNOT BE ACCURATELY MEASURED OR IF
 AN ACCURATELY MEASURED PAINT CHIP SAMPLE CANNOT BE REMOVED, A LABORATORY
 ANALYSIS MAY BE REPORTED IN PERCENT BY WEIGHT. IN SUCH CASE,  LEAD-BASED
 PAINT  SHALL  MEAN  ANY  PAINT OR OTHER SIMILAR SURFACE COATING MATERIAL
 CONTAINING MORE THAN 0.009% OF METALLIC LEAD, BASED ON THE  NON-VOLATILE
 CONTENT  OF  THE PAINT OR OTHER SIMILAR SURFACE COATING MATERIAL. IN THE
 EVENT THAT THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY  OR  A
 SUCCESSOR  AGENCY,  OR THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT OR A SUCCESSOR AGENCY, OR A  DEPARTMENT  OR  AGENCY  OF  THE
 STATE OF NEW YORK THAT HAS OBTAINED APPLICABLE AUTHORIZATION PURSUANT TO
 40 CFR PART 745 SUBPART Q OR SUCCESSOR REGULATION, ADOPTS MORE STRINGENT
 DEFINITIONS  OF  LEAD-BASED  PAINT, SUCH DEFINITIONS SHALL APPLY FOR THE
 PURPOSES OF THIS ARTICLE.
   2. "LEAD DUST CLEARANCE" MEANS MASS-PER-AREA  CONCENTRATIONS  OF  LEAD
 LESS  THAN  FIVE  MICROGRAMS  OF LEAD PER SQUARE FOOT ON FLOORS AND LESS
 THAN  FORTY  MICROGRAMS  PER  SQUARE  FOOT  ON  INTERIOR  WINDOW  SILLS,
 PROVIDED, HOWEVER, THAT:
   (A)  THE  COMMISSIONER MAY BY REGULATION SET MORE STRINGENT LEVELS FOR
 LEAD DUST CLEARANCE IN THE EVENT THE COMMISSIONER DETERMINES  SUCH  MORE
 STRINGENT  LEVELS  ARE  NEEDED  TO  IDENTIFY  POTENTIAL LEAD HAZARDS AND
 PROTECT PUBLIC HEALTH; AND
 A. 434--A                           4
 
   (B) THE COMMISSIONER SHALL BY REGULATION  ADOPT  SUCH  MORE  STRINGENT
 LEVELS  FOR LEAD DUST CLEARANCE AS MAY BE SET BY THE UNITED STATES ENVI-
 RONMENTAL PROTECTION AGENCY OR THE UNITED STATES DEPARTMENT  OF  HOUSING
 AND URBAN DEVELOPMENT.
   §  928.  RESIDENTIAL  PROPERTY  RENOVATION.  1. THE COMMISSIONER SHALL
 ADOPT RULES AND/OR REGULATIONS, SUFFICIENT TO SATISFY  THE  REQUIREMENTS
 OF 40 C.F.R. 745.326 OR ITS SUCCESSOR REGULATION, GOVERNING:
   (A) PRE-RENOVATION EDUCATION PROGRAMS, PROCEDURES AND REQUIREMENTS FOR
 THE  DISTRIBUTION  OF LEAD HAZARD INFORMATION TO OWNERS AND OCCUPANTS OF
 TARGET HOUSING AND  CHILD-OCCUPIED  FACILITIES  BEFORE  RENOVATIONS  FOR
 COMPENSATION; AND
   (B)  RENOVATION TRAINING, CERTIFICATION, ACCREDITATION, AND WORK PRAC-
 TICE STANDARDS PROGRAMS, INCLUDING:
   (I) PROCEDURES AND REQUIREMENTS FOR THE  ACCREDITATION  OF  RENOVATION
 AND DUST SAMPLING TECHNICIAN TRAINING PROGRAMS;
   (II)  PROCEDURES AND REQUIREMENTS FOR ACCREDITED INITIAL AND REFRESHER
 TRAINING FOR RENOVATORS AND DUST  SAMPLING  TECHNICIANS  AND  ON-THE-JOB
 TRAINING FOR OTHER INDIVIDUALS WHO PERFORM RENOVATIONS;
   (III) PROCEDURES AND REQUIREMENTS FOR THE CERTIFICATION OF INDIVIDUALS
 AND/OR FIRMS;
   (IV)  REQUIREMENTS  THAT ALL RENOVATIONS BE CONDUCTED BY APPROPRIATELY
 CERTIFIED INDIVIDUALS AND/OR FIRMS;
   (V) WORK PRACTICE STANDARDS FOR THE CONDUCT OF RENOVATIONS; AND
   (VI) CLEAR  ENFORCEMENT  MECHANISMS  AND  PROCEDURES  FOR  UNANNOUNCED
 COMPLIANCE INSPECTIONS OF PROPERTIES AND FOR RESPONDING TO COMPLAINTS.
   2. THE REGULATIONS ADOPTED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
 INCLUDE PROVISIONS:
   (A)  REQUIRING  THE  USE  OF  LEAD DUST CLEARANCE TESTING, RATHER THAN
 CLEANING VERIFICATION, PURSUANT TO 40 CFR 745.85(C) OR  SUCCESSOR  REGU-
 LATION,  AND  REQUIRING  THAT  THE  COLLECTION OF DUST CLEARANCE TESTING
 SAMPLES BE PERFORMED BY AN INSPECTOR, RISK ASSESSOR,  OR  DUST  SAMPLING
 TECHNICIAN  INDEPENDENT OF THE OWNER OR CONTRACTOR AND ACCREDITED PURSU-
 ANT TO (I) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO
 40 CFR 745.226 OR 40 CFR 745.90(C)  OR  SUCCESSOR  REGULATION;  OR  (II)
 CERTIFICATION  BY  A  STATE  OR  TRIBAL PROGRAM AUTHORIZED BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY TO CERTIFY INDIVIDUALS ENGAGED IN
 LEAD-BASED PAINT ACTIVITIES PURSUANT TO  40  CFR  745.325  OR  SUCCESSOR
 REGULATION;
   (B) BARRING THE DISTURBANCE OR REMOVAL OF LEAD-BASED PAINT OR PAINT OF
 UNKNOWN CONTENT USING ANY OF THE FOLLOWING METHODS:
   (I) DRY SCRAPING OR DRY SANDING, MEANING THE REMOVAL OF PAINT OR SIMI-
 LAR  SURFACE  COATING MATERIAL BY SCRAPING OR SANDING WITHOUT THE USE OF
 WATER MISTING TO REDUCE DUST LEVELS OR OTHER SIMILAR METHODS TO  CONTROL
 DUST;
   (II) OPEN FLAME BURNING OR TORCHING, OR THE USE OF HEAT GUNS OPERATING
 ABOVE ELEVEN HUNDRED DEGREES FAHRENHEIT, OR CHARRING PAINT;
   (III)  MACHINE SANDING OR GRINDING, OR ABRASIVE BLASTING OR SANDBLAST-
 ING, WITHOUT THE USE OF LOCAL EXHAUST CONTROL EMPLOYING A VACUUM CLEANER
 DEVICE EQUIPPED WITH A HIGH-EFFICIENCY PARTICULATE AIR FILTER CAPABLE OF
 FILTERING OUT MONODISPERSED PARTICLES OF 0.3 MICRONS OR GREATER IN DIAM-
 ETER FROM A BODY OF AIR AT 99.97 PERCENT EFFICIENCY OR GREATER;
   (IV) PAINT STRIPPING IN A POORLY VENTILATED  SPACE  USING  A  VOLATILE
 STRIPPER THAT IS A HAZARDOUS SUBSTANCE IN ACCORDANCE WITH REGULATIONS OF
 THE  UNITED  STATES  CONSUMER  PRODUCT  SAFETY  COMMISSION  UNDER 16 CFR
 1500.3, AND A HAZARDOUS CHEMICAL IN ACCORDANCE WITH  THE  UNITED  STATES
 OCCUPATIONAL  SAFETY  AND HEALTH ADMINISTRATION REGULATIONS UNDER 29 CFR
 A. 434--A                           5
 
 1910.1200 OR 1926.59 OR SUCCESSOR REGULATION, AS APPLICABLE TO THE WORK,
 METHYLENE CHLORIDE AND  N-METHYL-2-PYRROLIDONE  (NMP),  AND  SUCH  OTHER
 CHEMICALS  THAT THE DEPARTMENT MAY BY RULE OR REGULATION DETERMINE TO BE
 HAZARDOUS;
   (D)  REQUIRING THE ON-SITE PRESENCE OF A PERSON ACCREDITED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION AT ALL TIMES DURING RESIDENTIAL PROPERTY
 RENOVATION WORK;
   (E) APPLYING SUCH REGULATIONS TO ALL DEMOLITION ACTIVITIES;
   (F) DIRECTING THAT MUNICIPALITIES AND COUNTIES MAY, UPON THE  APPROVAL
 OF  THE  COMMISSIONER, ASSUME ENFORCEMENT IN PART OR WHOLE OF SUCH REGU-
 LATIONS PERTAINING TO RESIDENTIAL PROPERTY RENOVATION;
   (G) REQUIRING TRAINING PROGRAMS  AUTHORIZED  BY  THE  COMMISSIONER  TO
 OFFER SUCH TRAININGS IN A MANNER THAT IS CULTURALLY COMPETENT INCLUDING,
 WHERE  NEEDED,  MULTIPLE  LANGUAGES,  AND ACCOMMODATIONS FOR INDIVIDUALS
 WITH LOW-LITERACY;
   (H) DIRECTING THAT PRE-WORK OR START-WORK NOTIFICATIONS BE FILED  WITH
 SUCH LOCAL AGENCIES AS THE COMMISSIONER MAY DESIGNATE;
   (I) FOR POSTING NOTICES IN COMMON AREAS OF MULTI-FAMILY HOUSING WITH A
 DESIGNATED  PHONE  NUMBER  FOR  CONTACTING  SUCH  LOCAL  AGENCIES AS THE
 COMMISSIONER MAY  DESIGNATE  FOR  THE  ENFORCEMENT  OF  THE  REGULATIONS
 PERTAINING TO RESIDENTIAL PROPERTY RENOVATION.
   3.  (A)  THE ACCREDITATION OF INDIVIDUALS AND/OR FIRMS PURSUANT TO THE
 REGULATIONS ADOPTED UNDER SUBDIVISION ONE OF THIS SECTION  SHALL  EXTEND
 FOR  A  PERIOD OF THREE YEARS UNLESS THE COMMISSIONER HAS PROBABLE CAUSE
 TO BELIEVE AN INDIVIDUAL OR  FIRM  ACCREDITED  UNDER  THIS  SECTION  HAS
 VIOLATED  THE  TERMS  OF SUCH ACCREDITATION OR HAS ENGAGED IN ILLEGAL OR
 UNETHICAL CONDUCT RELATED TO INSPECTIONS REQUIRED BY  THIS  SECTION,  IN
 WHICH  CASE SUCH ACCREDITATION TO PERFORM INSPECTIONS SHALL BE SUSPENDED
 PENDING A HEARING IN ACCORDANCE WITH THE PROVISIONS OF THE STATE  ADMIN-
 ISTRATIVE  PROCEDURE ACT. THE COMMISSIONER SHALL ESTABLISH BY REGULATION
 A SCHEDULE OF FEES FOR THE ACCREDITATION AND REGISTRATION OF SUCH  INDI-
 VIDUALS AND/OR FIRMS. SUCH FEES SHALL BE REQUIRED TO BE PAID AT THE TIME
 OF  INITIAL REGISTRATION AND AT THE TIME OF SUBSEQUENT RENEWAL OF REGIS-
 TRATION, AND SHALL BE SUFFICIENT TO COVER ALL COSTS, INCLUDING THE COSTS
 OF STATE PERSONNEL, ATTRIBUTABLE TO ACCREDITATION  ACTIVITIES  CONDUCTED
 UNDER THIS SECTION.
   (B)  FEES  COLLECTED  PURSUANT  TO THIS SUBDIVISION SHALL BE HELD IN A
 CONTINUING, NON-LAPSING  SPECIAL  FUND  TO  BE  USED  FOR  ACCREDITATION
 PURPOSES UNDER THIS SECTION.
   (C)  SUCH  FUND  ESTABLISHED  UNDER  PARAGRAPH (B) OF THIS SUBDIVISION
 SHALL BE INVESTED AND REINVESTED AND ANY INVESTMENT  EARNINGS  SHALL  BE
 PAID INTO THE FUND.
   4. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
 AS  A MISDEMEANOR, AND A CIVIL PENALTY OF UP TO TWO THOUSAND DOLLARS FOR
 THE INITIAL VIOLATION AND UP TO FOUR THOUSAND DOLLARS FOR  A  SECOND  OR
 SUBSEQUENT VIOLATION.
   §  2. Paragraphs h and i of subdivision 1 of section 381 of the execu-
 tive law, as added by chapter 560 of the laws of 2010, are amended and a
 new paragraph j is added to read as follows:
   h. minimum basic training and  in-service  training  requirements  for
 personnel charged with administration and enforcement of the state ener-
 gy conservation construction code; [and]
   i.  standards and procedures for measuring the rate of compliance with
 the state energy conservation construction code, and provisions  requir-
 ing that such rate of compliance be measured on an annual basis[.]; AND
 A. 434--A                           6

   J.  PROCEDURES  REQUIRING  THE  DOCUMENTATION OF COMPLIANCE WITH REGU-
 LATIONS ADOPTED PURSUANT TO SECTION NINE  HUNDRED  TWENTY-EIGHT  OF  THE
 LABOR LAW AS A CONDITION TO ISSUANCE OF A CONSTRUCTION PERMIT.
   §  3. Paragraphs i and j of subdivision 1 of section 381 of the execu-
 tive law, paragraph i as amended and paragraph j as added by  section  3
 of part T of chapter 57 of the laws of 2023, are amended and a new para-
 graph k is added to read as follows:
   i.  standards and procedures for measuring the rate of compliance with
 the state energy conservation construction code, and provisions  requir-
 ing that such rate of compliance be measured on an annual basis; [and]
   j.  procedures  requiring  the  documentation of compliance with regu-
 lations adopted pursuant to section thirteen  hundred  seventy-seven  of
 the  public  health  law  as a condition to issuance of a certificate of
 occupancy or certificate of compliance following a periodic fire  safety
 and property maintenance inspection for multiple dwellings[.]; AND
   K.  PROCEDURES  REQUIRING  THE  DOCUMENTATION OF COMPLIANCE WITH REGU-
 LATIONS ADOPTED PURSUANT TO SECTION NINE  HUNDRED  TWENTY-EIGHT  OF  THE
 LABOR LAW AS A CONDITION TO ISSUANCE OF A CONSTRUCTION PERMIT.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the amendments to section 381
 of the executive law made by section 2 of this act shall expire  and  be
 deemed repealed on the same date as section 3 of part T of chapter 57 of
 the  laws of 2023 takes effect; provided, further, that section three of
 this act shall take effect on the same date and in the  same  manner  as
 section  3  of  part  T  of chapter 57 of the laws of 2023 takes effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.