S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    434
 
                        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  --  read
   once and referred 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
 YORK'S HOUSING WAS CONSTRUCTED  BETWEEN  NINETEEN  HUNDRED  SEVENTY  AND
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01686-01-3
 A. 434                              2
 
 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
 AUTHORIZATION  FOR  THIS  PROGRAM. DOING SO WILL GIVE STATE AGENCIES THE
 A. 434                              3
 
 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:
   (A) PRE-RENOVATION EDUCATION PROGRAMS, PROCEDURES AND REQUIREMENTS FOR
 THE DISTRIBUTION OF LEAD HAZARD INFORMATION TO OWNERS AND  OCCUPANTS  OF
 A. 434                              4
 
 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;
   (E) APPLYING SUCH REGULATIONS TO ALL DEMOLITION ACTIVITIES;
 A. 434                              5
 
   (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.