S T A T E O F N E W Y O R K
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2191
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sens. BAILEY, BRESLIN, BROUK, CLEARE, HOYLMAN-SIGAL, JACK-
SON, MANNION, MAY, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SKOUFIS
-- read twice and ordered printed, and when printed to be committed to
the Committee on Labor
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01686-01-3
S. 2191 2
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
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
S. 2191 3
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
(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:
S. 2191 4
(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
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;
S. 2191 5
(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 NOT LESS THAN TEN THOUSAND
DOLLARS PER 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
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. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
