NY State Senate Bill 2023-S9119

Senate Bill S9119

2023-2024 Legislative Session

Authorizes the state of New York to enter into the interstate compact on industrialized/modular buildings

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2024	recommit, enacting clause stricken
Apr 29, 2024	referred to housing, construction and community development

2023-S9119 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add §613, Exec L

2023-S9119 (ACTIVE) - Summary

Authorizes the state of New York to enter into the interstate compact on industrialized/modular buildings which provides for uniform regulations on industrialized/modular homes.

2023-S9119 (ACTIVE) - Sponsor Memo

2023-S9119 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9119
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend the executive law, in relation to adopting the inter-
   state compact on industrialized/modular buildings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 613 to
 read as follows:
   § 613. THE INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS. THE
 INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS IS HEREBY ENTERED
 INTO  AND ENACTED INTO LAW WITH ALL JURISDICTIONS LEGALLY JOINING THERE-
 IN, IN THE FORM SUBSTANTIALLY AS FOLLOWS:
 
              ARTICLE I. FINDINGS AND DECLARATIONS OF POLICY
 
   (1) THE COMPACTING STATES FIND THAT:
   (A) INDUSTRIALIZED/MODULAR BUILDINGS ARE CONSTRUCTED IN  FACTORIES  IN
 THE  VARIOUS STATES AND ARE A GROWING SEGMENT OF THE NATION'S AFFORDABLE
 HOUSING AND COMMERCIAL BUILDING STOCK.
   (B) THE REGULATION OF  INDUSTRIALIZED/MODULAR  BUILDINGS  VARIES  FROM
 STATE  TO  STATE  AND  LOCALITY TO LOCALITY, WHICH CREATES CONFUSION AND
 BURDENS    STATE    AND    LOCAL    BUILDING    OFFICIALS    AND     THE
 INDUSTRIALIZED/MODULAR BUILDING INDUSTRY.
   (C)  REGULATION  BY  MULTIPLE  JURISDICTIONS IMPOSES ADDITIONAL COSTS,
 WHICH   ARE   ULTIMATELY   BORNE   BY   THE   OWNERS   AND   USERS    OF
 INDUSTRIALIZED/MODULAR  BUILDINGS, RESTRICTS MARKET ACCESS, AND DISCOUR-
 AGES THE DEVELOPMENT AND INCORPORATION OF NEW TECHNOLOGIES.
   (2) IT IS THE POLICY OF EACH OF THE COMPACTING STATES TO:
   (A) PROVIDE THE STATES WHICH REGULATE THE DESIGN AND  CONSTRUCTION  OF
 INDUSTRIALIZED/MODULAR  BUILDINGS  WITH  A  PROGRAM  TO  COORDINATE  AND
 UNIFORMLY ADOPT AND ADMINISTER THE STATES'  RULES  AND  REGULATIONS  FOR
 SUCH BUILDINGS, ALL IN A MANNER TO ASSURE INTERSTATE RECIPROCITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13939-01-3

 S. 9119                             2
 
   (B)  PROVIDE  TO  THE  UNITED  STATES  CONGRESS  ASSURANCES THAT WOULD
 PRECLUDE THE NEED FOR A VOLUNTARY PREEMPTIVE FEDERAL  REGULATORY  SYSTEM
 FOR  MODULAR  HOUSING,  AS  OUTLINED  IN  SECTION 572 OF THE HOUSING AND
 COMMUNITY DEVELOPMENT ACT OF 1987, INCLUDING DEVELOPMENT OF MODEL STAND-
 ARDS  FOR MODULAR HOUSING CONSTRUCTION, SUCH THAT DESIGN AND PERFORMANCE
 WILL INSURE QUALITY, DURABILITY, AND SAFETY; WILL BE IN ACCORDANCE  WITH
 LIFE-CYCLE  COST-EFFECTIVE ENERGY CONSERVATION STANDARDS; ALL TO PROMOTE
 THE LOWEST TOTAL CONSTRUCTION AND OPERATING COSTS OVER THE LIFE OF  SUCH
 HOUSING.
 
                          ARTICLE II. DEFINITIONS
 
   AS  USED  IN  THIS  COMPACT,  UNLESS  THE  CONTEXT  CLEARLY  OTHERWISE
 REQUIRES:
   (1) "COMMISSION" MEANS THE INTERSTATE INDUSTRIALIZED/MODULAR BUILDINGS
 COMMISSION.
   (2) "INDUSTRIALIZED/MODULAR BUILDING" MEANS ANY BUILDING WHICH  IS  OF
 CLOSED  CONSTRUCTION;  I.E., CONSTRUCTED IN SUCH A MANNER THAT CONCEALED
 PARTS OR PROCESSES OF MANUFACTURE CANNOT BE INSPECTED AT THE SITE, WITH-
 OUT DISASSEMBLY, DAMAGE, OR DESTRUCTION, AND WHICH IS MADE OR  ASSEMBLED
 IN MANUFACTURING FACILITIES, OFF THE BUILDING SITE, FOR INSTALLATION, OR
 ASSEMBLY     AND     INSTALLATION,     ON     THE     BUILDING     SITE.
 "INDUSTRIALIZED/MODULAR BUILDING" INCLUDES, BUT IS NOT LIMITED TO, MODU-
 LAR HOUSING WHICH IS FACTORY-BUILT SINGLE-FAMILY AND MULTI-FAMILY  HOUS-
 ING (INCLUDING CLOSED WALL PANELIZED HOUSING) AND OTHER MODULAR, NONRES-
 IDENTIAL  BUILDINGS.  "INDUSTRIALIZED/MODULAR BUILDING" DOES NOT INCLUDE
 ANY STRUCTURE SUBJECT TO THE REQUIREMENTS OF THE  NATIONAL  MANUFACTURED
 HOME CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974.
   (3)  "INTERIM  RECIPROCAL AGREEMENT" MEANS A FORMAL RECIPROCITY AGREE-
 MENT BETWEEN A NON-COMPACTING STATE  WHEREIN  THE  NON-COMPACTING  STATE
 AGREES  THAT LABELS EVIDENCING COMPLIANCE WITH THE MODEL RULES AND REGU-
 LATIONS FOR INDUSTRIALIZED/MODULAR BUILDINGS, AS AUTHORIZED  IN  ARTICLE
 VIII,  SECTION  (9), SHALL BE ACCEPTED BY THE STATE AND ITS SUBDIVISIONS
 TO PERMIT INSTALLATION  AND  USE  OF  INDUSTRIALIZED/MODULAR  BUILDINGS.
 FURTHER,  THE  NON-COMPACTING  STATE AGREES THAT BY LEGISLATION OR REGU-
 LATION, AND APPROPRIATE ENFORCEMENT  BY  UNIFORM  ADMINISTRATIVE  PROCE-
 DURES,  THE  NON-COMPACTING  STATE  REQUIRES  ALL INDUSTRIALIZED/MODULAR
 BUILDING MANUFACTURERS WITHIN THAT STATE TO COMPLY WITH THE MODEL  RULES
 AND REGULATIONS FOR INDUSTRIALIZED/MODULAR BUILDINGS.
   (4)  "STATE"  MEANS  A  STATE  OF  THE  UNITED  STATES,  TERRITORY, OR
 POSSESSION OF THE UNITED  STATES,  THE  DISTRICT  OF  COLUMBIA,  OR  THE
 COMMONWEALTH OF PUERTO RICO.
   (5)  "UNIFORM  ADMINISTRATIVE PROCEDURES" MEANS THE PROCEDURES ADOPTED
 BY THE COMMISSION (AFTER CONSIDERATION OF ANY RECOMMENDATIONS  FROM  THE
 RULES  DEVELOPMENT COMMITTEE) WHICH STATE AND LOCAL OFFICIALS, AND OTHER
 PARTIES, IN ONE STATE, WILL UTILIZE TO ASSURE STATE AND LOCAL OFFICIALS,
 AND OTHER PARTIES, IN OTHER STATES, OF  THE  SUBSTANTIAL  COMPLIANCE  OF
 INDUSTRIALIZED/MODULAR BUILDING CONSTRUCTION WITH THE CONSTRUCTION STAN-
 DARD  OF  REQUIREMENTS  OF  SUCH OTHER STATES; TO ASSESS THE ADEQUACY OF
 BUILDING SYSTEMS; AND TO VERIFY AND ASSURE THE COMPETENCY  AND  PERFORM-
 ANCE OF EVALUATION AND INSPECTION AGENCIES.
   (6) "MODEL RULES AND REGULATIONS FOR INDUSTRIALIZED/MODULAR BUILDINGS"
 MEANS  THE  CONSTRUCTION  STANDARDS  ADOPTED  BY  THE  COMMISSION (AFTER
 CONSIDERATION OF ANY RECOMMENDATIONS FROM THE RULES DEVELOPMENT  COMMIT-
 TEE)  WHICH GOVERN THE DESIGN, MANUFACTURE, HANDLING, STORAGE, DELIVERY,
 AND INSTALLATION OF INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPO-
 S. 9119                             3
 
 NENTS. THE CONSTRUCTION  STANDARDS  AND  ANY  AMENDMENTS  THEREOF  SHALL
 CONFORM  INSOFAR  AS  PRACTICABLE TO MODEL BUILDING CODES AND REFERENCED
 STANDARDS GENERALLY ACCEPTED AND IN USE THROUGHOUT THE UNITED STATES.
 
                    ARTICLE III. CREATION OF COMMISSION

   THE     COMPACTING     STATES    HEREBY    CREATE    THE    INTERSTATE
 INDUSTRIALIZED/MODULAR BUILDINGS COMMISSION,  HEREINAFTER  CALL  COMMIS-
 SION. SAID COMMISSION SHALL BE A BODY CORPORATE OF EACH COMPACTING STATE
 AND  AN  AGENCY  THEREOF.  THE  COMMISSION SHALL HAVE ALL THE POWERS AND
 DUTIES SET FORTH HEREIN AND SUCH ADDITIONAL POWERS AS MAY  BE  CONFERRED
 UPON  IT  BY  SUBSEQUENT  ACTION  OF  THE RESPECTIVE LEGISLATURES OF THE
 COMPACTING STATES.
 
                  ARTICLE IV. SELECTION OF COMMISSIONERS
 
   THE COMMISSION SHALL BE SELECTED AS FOLLOWS. AS EACH STATE  BECOMES  A
 COMPACTING  STATE,  ONE RESIDENT SHALL BE APPOINTED AS COMMISSIONER. THE
 COMMISSIONER SHALL BE SELECTED BY THE GOVERNOR OF THE COMPACTING  STATE,
 BEING  DESIGNATED  FROM  THE  STATE  AGENCY  3  CHARGED  WITH REGULATING
 INDUSTRIALIZED/MODULAR BUILDINGS OR,  IF  SUCH  STATE  AGENCY  DOES  NOT
 EXIST,  BEING  DESIGNATED  FROM  AMONG THOSE BUILDING OFFICIALS WITH THE
 MOST APPROPRIATE RESPONSIBILITIES IN THE  STATE.  THE  COMMISSIONER  MAY
 DESIGNATE  ANOTHER  OFFICIAL  AS  AN  ALTERNATE  TO ACT ON BEHALF OF THE
 COMMISSIONER AT COMMISSION MEETINGS WHICH THE COMMISSIONER IS UNABLE  TO
 ATTEND.
   EACH  STATE COMMISSIONER SHALL BE APPOINTED, SUSPENDED, OR REMOVED AND
 SHALL SERVE SUBJECT TO AND IN ACCORDANCE WITH  THE  LAWS  OF  THE  STATE
 WHICH  SAID COMMISSIONER REPRESENTS; AND EACH VACANCY OCCURRING SHALL BE
 FILLED IN ACCORDANCE WITH THE LAWS OF  THE  STATE  WHEREIN  THE  VACANCY
 EXISTS.
   FOR  EVERY  THREE  STATE COMMISSIONERS THAT HAVE BEEN APPOINTED IN THE
 MANNER DESCRIBED, THOSE STATE COMMISSIONERS SHALL SELECT ONE  ADDITIONAL
 COMMISSIONER  WHO SHALL BE A REPRESENTATIVE OF MANUFACTURERS OF RESIDEN-
 TIAL- OR COMMERCIAL-USE INDUSTRIALIZED/MODULAR BUILDINGS. FOR EVERY  SIX
 STATE  COMMISSIONERS  THAT  HAVE BEEN APPOINTED IN THE MANNER DESCRIBED,
 THE STATE COMMISSIONERS SHALL SELECT  ONE  ADDITIONAL  COMMISSIONER  WHO
 SHALL  BE A REPRESENTATIVE OF CONSUMERS OF INDUSTRIALIZED/MODULAR BUILD-
 INGS.
   IN THE EVENT STATES WITHDRAW  FROM  THE  COMPACT  OR,  FOR  ANY  OTHER
 REASON,  THE NUMBER OF STATE COMMISSIONERS IS REDUCED, THE STATE COMMIS-
 SIONERS SHALL REMOVE  THE  LAST  ADDED  REPRESENTATIVE  COMMISSIONER  AS
 NECESSARY TO MAINTAIN THE RATIO OF STATE COMMISSIONERS TO REPRESENTATIVE
 COMMISSIONERS DESCRIBED HEREIN.
   UPON A MAJORITY VOTE OF THE STATE COMMISSIONERS, THE STATE COMMISSION-
 ERS MAY REMOVE, FILL A VACANCY CREATED BY, OR REPLACE ANY REPRESENTATIVE
 COMMISSIONER, PROVIDED THAT ANY REPLACEMENT IS MADE FROM THE SAME REPRE-
 SENTATIVE  GROUP  AND  THE  RATIO DESCRIBED HEREIN IS MAINTAINED. UNLESS
 PROVIDED OTHERWISE,  THE  REPRESENTATIVE  COMMISSIONERS  HAVE  THE  SAME
 AUTHORITY AND RESPONSIBILITY AS THE STATE COMMISSIONERS.
   IN  ADDITION,  THE  COMMISSION  MAY  HAVE AS A MEMBER ONE COMMISSIONER
 REPRESENTING THE UNITED STATES GOVERNMENT IF FEDERAL LAW AUTHORIZES SUCH
 REPRESENTATION. SUCH COMMISSIONER SHALL NOT VOTE ON MATTERS  BEFORE  THE
 COMMISSION. SUCH COMMISSIONER SHALL BE APPOINTED BY THE PRESIDENT OF THE
 UNITED STATES, OR IN SUCH OTHER MANNER AS MAY BE PROVIDED BY CONGRESS.
 S. 9119                             4
 
                             ARTICLE V. VOTING
 
   EACH  COMMISSIONER  (EXCEPT  THE  COMMISSIONER REPRESENTING THE UNITED
 STATES GOVERNMENT) SHALL BE ENTITLED TO ONE VOTE ON  THE  COMMISSION.  A
 MAJORITY  OF  THE COMMISSIONERS SHALL CONSTITUTE A QUORUM FOR THE TRANS-
 ACTION OF BUSINESS. ANY  BUSINESS  TRANSACTED  AT  ANY  MEETING  OF  THE
 COMMISSION MUST BE BY AFFIRMATIVE VOTE OF A MAJORITY OF THE QUORUM PRES-
 ENT AND VOTING.

                  ARTICLE VI. ORGANIZATION AND MANAGEMENT
 
   THE  COMMISSION SHALL ELECT ANNUALLY, FROM AMONG ITS MEMBERS, A CHAIR-
 MAN, A VICE CHAIRMAN, AND A TREASURER. THE COMMISSION SHALL ALSO  SELECT
 A  SECRETARIAT,  WHICH  SHALL  PROVIDE  AN INDIVIDUAL WHO SHALL SERVE AS
 SECRETARY OF THE COMMISSION.  THE 4 COMMISSION SHALL FIX  AND  DETERMINE
 THE DUTIES AND COMPENSATION OF THE SECRETARIAT.
   THE COMMISSIONERS SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE REIM-
 BURSED  FOR  THEIR  ACTUAL  AND NECESSARY EXPENSES FROM THE FUNDS OF THE
 COMMISSION.
   THE COMMISSION SHALL ADOPT A SEAL.
   THE COMMISSION SHALL ADOPT BYLAWS,  RULES,  AND  REGULATIONS  FOR  THE
 CONDUCT  OF  ITS BUSINESS, AND SHALL HAVE THE POWER TO AMEND AND RESCIND
 THESE BYLAWS, RULES, AND REGULATIONS.
   THE COMMISSION SHALL ESTABLISH AND MAINTAIN  AN  OFFICE  AT  THE  SAME
 LOCATION AS THE OFFICE MAINTAINED BY THE SECRETARIAT FOR THE TRANSACTION
 OF  ITS BUSINESS AND MAY MEET AT ANY TIME, BUT IN ANY EVENT MUST MEET AT
 LEAST ONCE A YEAR. THE CHAIRMAN MAY CALL ADDITIONAL  MEETINGS  AND  UPON
 THE  REQUEST  OF A MAJORITY OF THE COMMISSIONERS OF THREE OR MORE OF THE
 COMPACTING STATES SHALL CALL AN ADDITIONAL MEETING.
   THE COMMISSION ANNUALLY SHALL MAKE THE  GOVERNOR  AND  LEGISLATURE  OF
 EACH COMPACTING STATE A REPORT COVERING ITS ACTIVITIES FOR THE PRECEDING
 YEAR.  ANY  DONATION  OR  GRANT  ACCEPTED  BY THE COMMISSION OR SERVICES
 BORROWED SHALL BE REPORTED IN THE ANNUAL REPORT OF  THE  COMMISSION  AND
 SHALL  INCLUDE  THE  NATURE,  AMOUNT,  AND  CONDITIONS,  IF  ANY, OF THE
 DONATION, GIFT, GRANT, OR SERVICES BORROWED  AND  THE  IDENTITY  OF  THE
 DONOR  OR  LENDER.  THE COMMISSION MAY MAKE ADDITIONAL REPORTS AS IT MAY
 DEEM DESIRABLE.
 
                          ARTICLE VII. COMMITTEES
 
   THE COMMISSION WILL ESTABLISH SUCH COMMITTEES AS IT  DEEMS  NECESSARY,
 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
   (1) AN EXECUTIVE COMMITTEE WHICH FUNCTIONS WHEN THE FULL COMMISSION IS
 NOT  MEETING, AS PROVIDED IN THE BYLAWS OF THE COMMISSION. THE EXECUTIVE
 COMMITTEE WILL ENSURE THAT PROPER PROCEDURES ARE FOLLOWED IN  IMPLEMENT-
 ING  THE COMMISSION'S PROGRAMS AND IN CARRYING OUT THE ACTIVITIES OF THE
 COMPACT. THE EXECUTIVE COMMITTEE SHALL BE ELECTED BY VOTE OF THE COMMIS-
 SION. IT SHALL BE COMPRISED OF AT LEAST THREE  AND  NO  MORE  THAN  NINE
 COMMISSIONERS,  SELECTED  FROM THE STATE COMMISSIONERS AND ONE MEMBER OF
 THE INDUSTRY COMMISSIONERS AND ONE MEMBER OF THE CONSUMER COMMISSIONERS.
   (2) A RULES DEVELOPMENT COMMITTEE APPOINTED  BY  THE  COMMISSION.  THE
 COMMITTEE  SHALL  BE  CONSENSUS-BASED AND CONSIST OF NOT LESS THAN SEVEN
 NOR MORE THAN TWENTY-ONE MEMBERS. COMMITTEE MEMBERS WILL  INCLUDE  STATE
 BUILDING  REGULATORY  OFFICIALS; MANUFACTURERS OF INDUSTRIALIZED/MODULAR
 BUILDINGS; PRIVATE, THIRD- PARTY  INSPECTION  AGENCIES;  AND  CONSUMERS.
 THIS COMMITTEE MAY RECOMMEND PROCEDURES WHICH STATE AND LOCAL OFFICIALS,
 S. 9119                             5
 
 AND  OTHER  PARTIES, IN ONE STATE, MAY UTILIZE TO ASSURE STATE AND LOCAL
 OFFICIALS, AND OTHER  PARTIES,  IN  OTHER  STATES,  OF  THE  SUBSTANTIAL
 COMPLIANCE  OF  INDUSTRIALIZED/MODULAR  BUILDING  CONSTRUCTION  WITH THE
 CONSTRUCTION  STANDARD  REQUIREMENTS OF SUCH OTHER STATES; TO ASSESS THE
 ADEQUACY OF BUILDING SYSTEMS; AND TO VERIFY AND  ASSURE  THE  COMPETENCY
 AND  PERFORMANCE  OF  EVALUATION AND INSPECTION AGENCIES. THIS COMMITTEE
 MAY ALSO RECOMMEND CONSTRUCTION STANDARDS FOR THE  DESIGN,  MANUFACTURE,
 HANDLING,  STORAGE, DELIVERY, AND INSTALLATION OF INDUSTRIALIZED/MODULAR
 BUILDINGS AND BUILDING COMPONENTS. THE COMMITTEE WILL SUBMIT ITS  RECOM-
 MENDATIONS  5  TO  THE COMMISSION, FOR THE COMMISSION'S CONSIDERATION IN
 ADOPTING AND AMENDING THE  UNIFORM  ADMINISTRATIVE  PROCEDURES  AND  THE
 MODEL  RULES  AND  REGULATIONS FOR INDUSTRIALIZED/MODULAR BUILDINGS. THE
 COMMITTEE MAY ALSO REVIEW THE  REGULATORY  PROGRAMS  OF  THE  COMPACTING
 STATES  TO  DETERMINE  WHETHER  THOSE  PROGRAMS  ARE CONSISTENT WITH THE
 UNIFORM ADMINISTRATIVE PROCEDURES OR THE MODEL RULES AND REGULATIONS FOR
 INDUSTRIALIZED/MODULAR BUILDINGS AND MAY MAKE RECOMMENDATIONS CONCERNING
 THE STATES' PROGRAMS TO THE COMMISSION. IN CARRYING OUT  ITS  FUNCTIONS,
 THE  RULES  COMMITTEE  MAY CONDUCT PUBLIC HEARINGS AND OTHERWISE SOLICIT
 PUBLIC INPUT AND COMMENT.
   (3) ANY OTHER ADVISORY, COORDINATING, OR TECHNICAL COMMITTEES, MEMBER-
 SHIP ON WHICH MAY INCLUDE PRIVATE  PERSONS,  PUBLIC  OFFICIALS,  ASSOCI-
 ATIONS,  OR  ORGANIZATIONS.  SUCH  COMMITTEES MAY CONSIDER ANY MATTER OF
 CONCERN TO THE COMMISSION.
   (4) SUCH ADDITIONAL COMMITTEES AS THE COMMISSION'S BYLAWS MAY PROVIDE.
 
                     ARTICLE VIII. POWER AND AUTHORITY
 
   IN ADDITION TO THE POWERS CONFERRED ELSEWHERE  IN  THIS  COMPACT,  THE
 COMMISSION SHALL HAVE POWER TO:
   (1)   COLLECT,   ANALYZE,  AND  DISSEMINATE  INFORMATION  RELATING  TO
 INDUSTRIALIZED/MODULAR BUILDINGS.
   (2) UNDERTAKE STUDIES OF EXISTING LAWS, CODES, RULES AND  REGULATIONS,
 AND    ADMINISTRATIVE    PRACTICES    OF    THE   STATES   RELATING   TO
 INDUSTRIALIZED/MODULAR BUILDINGS.
   (3) ASSIST AND SUPPORT COMMITTEES AND ORGANIZATIONS WHICH  PROMULGATE,
 MAINTAIN, AND UPDATE MODEL CODES OR RECOMMENDATIONS FOR UNIFORM ADMINIS-
 TRATIVE    PROCEDURES    OR    MODEL    RULES    AND   REGULATIONS   FOR
 INDUSTRIALIZED/MODULAR BUILDINGS.
   (4) ADOPT AND AMEND UNIFORM ADMINISTRATIVE PROCEDURES AND MODEL  RULES
 AND REGULATIONS FOR INDUSTRIALIZED/MODULAR BUILDINGS.
   (5)  MAKE  RECOMMENDATIONS  TO  COMPACTING  STATES  FOR THE PURPOSE OF
 BRINGING SUCH STATES' LAWS, CODES, RULES AND REGULATIONS,  AND  ADMINIS-
 TRATIVE  PRACTICES  INTO  CONFORMANCE  WITH  THE  UNIFORM ADMINISTRATIVE
 PROCEDURES OR THE MODEL RULES AND REGULATIONS FOR INDUSTRIALIZED/MODULAR
 BUILDINGS, PROVIDED THAT SUCH  RECOMMENDATIONS  SHALL  BE  MADE  TO  THE
 APPROPRIATE  STATE AGENCY WITH DUE CONSIDERATION FOR THE DESIRABILITY OF
 UNIFORMITY  WHILE  ALSO  GIVING  APPROPRIATE  CONSIDERATION  TO  SPECIAL
 CIRCUMSTANCES  WHICH  MAY  JUSTIFY  VARIATIONS  NECESSARY TO MEET UNIQUE
 LOCAL CONDITIONS.
   (6) ASSIST AND SUPPORT THE COMPACTING STATES WITH MONITORING  OF  PLAN
 REVIEW  PROGRAMS  AND  INSPECTION  PROGRAMS,  WHICH WILL ASSURE THAT THE
 COMPACTING STATES HAVE THE  BENEFIT  OF  UNIFORM  INDUSTRIALIZED/MODULAR
 BUILDING PLAN REVIEW AND INSPECTION PROGRAMS.
   (7)  ASSIST  AND  SUPPORT  ORGANIZATIONS  WHICH  TRAIN STATE AND LOCAL
 GOVERNMENT  AND  OTHER  PROGRAM  PERSONNEL  IN  THE   USE   OF   UNIFORM
 INDUSTRIALIZED/MODULAR BUILDING PLAN REVIEW AND INSPECTION PROGRAMS.
 S. 9119                             6
 
   (8)  ENCOURAGE  AND  PROMOTE  COORDINATION  OF STATE REGULATORY ACTION
 RELATING TO MANUFACTURERS, PUBLIC OR PRIVATE INSPECTION PROGRAMS.
   (9)  CREATE  AND  SELL  LABELS TO BE AFFIXED TO INDUSTRIALIZED/MODULAR
 BUILDING UNITS, CONSTRUCTED IN OR REGULATED BY COMPACTING STATES,  WHERE
 SUCH  LABELS  WILL  EVIDENCE 6 COMPLIANCE WITH THE MODEL RULES AND REGU-
 LATIONS FOR INDUSTRIALIZED/MODULAR  BUILDINGS,  ENFORCED  IN  ACCORDANCE
 WITH  THE  UNIFORM  ADMINISTRATIVE  PROCEDURES.  THE  COMMISSION MAY USE
 RECEIPTS FROM THE SALE OF LABELS TO HELP DEFRAY THE  OPERATING  EXPENSES
 OF THE COMMISSION.
   (10)  ASSIST  AND  SUPPORT  COMPACTING STATES' INVESTIGATIONS INTO AND
 RESOLUTIONS    OF    CONSUMER     COMPLAINTS     WHICH     RELATE     TO
 INDUSTRIALIZED/MODULAR BUILDINGS CONSTRUCTED IN ONE COMPACTING STATE AND
 CITED IN ANOTHER COMPACTING STATE.
   (11)  BORROW,  ACCEPT,  OR CONTRACT FOR THE SERVICES OF PERSONNEL FROM
 ANY STATE OR THE UNITED STATES OR ANY  SUBDIVISION  OR  AGENCY  THEREOF,
 FROM  ANY  INTERSTATE  AGENCY,  OR  FROM  ANY  INSTITUTION, ASSOCIATION,
 PERSON, FIRM, OR CORPORATION.
   (12) ACCEPT FOR ANY OF ITS PURPOSES AND FUNCTIONS UNDER  THIS  COMPACT
 ANY AND ALL DONATIONS, AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
 ALS,  AND  SERVICES  (CONDITIONAL  OR  OTHERWISE)  FROM ANY STATE OR THE
 UNITED STATES OR ANY SUBDIVISION OR AGENCY THEREOF, FROM ANY  INTERSTATE
 AGENCY,  OR  FROM ANY INSTITUTION, PERSON, FIRM, OR CORPORATION, AND MAY
 RECEIVE, UTILIZE, AND DISPOSE OF THE SAME.
   (13) ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY  BE  NECESSARY  FOR
 THE  TRANSACTING  OF ITS BUSINESS. THE COMMISSION MAY ACQUIRE, HOLD, AND
 CONVEY REAL AND PERSONAL PROPERTY AND ANY INTEREST THEREIN.
   (14) ENTER INTO CONTRACTS AND AGREEMENTS, INCLUDING  BUT  NOT  LIMITED
 TO, INTERIM RECIPROCAL AGREEMENTS WITH NON-COMPACTING STATES.
 
                            ARTICLE IX. FINANCE
 
   THE  COMMISSION  SHALL SUBMIT TO THE GOVERNOR OR DESIGNATED OFFICER OR
 OFFICERS OF EACH COMPACTING STATE A BUDGET OF ITS ESTIMATED EXPENDITURES
 FOR SUCH PERIOD AS MAY BE REQUIRED BY THE LAWS OF THAT STATE FOR PRESEN-
 TATION TO THE LEGISLATURE THEREOF.
   EACH OF THE  COMMISSION'S  BUDGETS  OF  ESTIMATED  EXPENDITURES  SHALL
 CONTAIN  SPECIFIC  RECOMMENDATIONS  OF THE AMOUNTS TO BE APPROPRIATED BY
 EACH OF THE  COMPACTING  STATES.  THE  TOTAL  AMOUNT  OF  APPROPRIATIONS
 REQUESTED  UNDER ANY SUCH BUDGET SHALL BE APPORTIONED AMONG THE COMPACT-
 ING STATES AS FOLLOWS: ONE-HALF IN EQUAL SHARES;  ONE-FOURTH  AMONG  THE
 COMPACTING  STATES  IN ACCORDANCE WITH THE RATIO OF THEIR POPULATIONS TO
 THE TOTAL POPULATION OF THE COMPACTING STATES, BASED ON THE LAST  DECEN-
 NIAL  FEDERAL  CENSUS;  AND  ONE-FOURTH  AMONG  THE COMPACTING STATES IN
 ACCORDANCE WITH THE RATIO OF INDUSTRIALIZED/MODULAR BUILDING UNITS MANU-
 FACTURED IN EACH STATE TO THE TOTAL OF ALL  UNITS  MANUFACTURED  IN  THE
 COMPACTING STATES.
   THE  COMMISSION  SHALL  NOT PLEDGE THE CREDIT OF ANY COMPACTING STATE.
 THE COMMISSION MAY MEET ANY OF ITS OBLIGATIONS IN WHOLE OR IN PART  WITH
 FUNDS  AVAILABLE TO IT BY DONATIONS, GRANTS, OR SALE OF LABELS: PROVIDED
 THAT THE COMMISSION TAKES SPECIFIC ACTION SETTING ASIDE SUCH FUNDS PRIOR
 TO INCURRING ANY OBLIGATION TO BE MET  IN  WHOLE  OR  IN  PART  IN  SUCH
 MANNER.  EXCEPT  WHERE THE COMMISSION MAKES USE OF FUNDS AVAILABLE TO IT
 BY DONATIONS, GRANTS, OR SALE OF LABELS, THE COMMISSION SHALL NOT  INCUR
 ANY  OBLIGATION PRIOR TO THE ALLOTMENT OF FUNDS BY THE COMPACTING STATES
 ADEQUATE TO MEET THE SAME.
 S. 9119                             7
 
   THE COMMISSION SHALL  KEEP  ACCURATE  ACCOUNTS  OF  ALL  RECEIPTS  AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT  TO  THE AUDIT AND 7 ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
 BYLAWS. ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY  THE  COMMIS-
 SION  SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC ACCOUNT-
 ANT AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME PART  OF
 THE ANNUAL REPORT OF THE COMMISSION.
   THE  ACCOUNTS  OF  THE COMMISSION SHALL BE OPEN AT ANY REASONABLE TIME
 FOR INSPECTION BY DULY CONSTITUTED OFFICERS OF THE COMPACTING STATES AND
 ANY PERSON AUTHORIZED BY THE COMMISSION.
   NOTHING CONTAINED IN  THIS  ARTICLE  SHALL  BE  CONSTRUED  TO  PREVENT
 COMMISSION  COMPLIANCE RELATING TO AUDIT OR INSPECTION OF ACCOUNTS BY OR
 ON BEHALF OF ANY GOVERNMENT CONTRIBUTING TO THE SUPPORT OF  THE  COMMIS-
 SION.
 
                ARTICLE X. ENTRY INTO FORCE AND WITHDRAWAL
 
   THIS COMPACT SHALL ENTER INTO FORCE WHEN ENACTED INTO LAW BY ANY THREE
 STATES.  THEREAFTER, THIS COMPACT SHALL BECOME EFFECTIVE AS TO ANY OTHER
 STATE  UPON  ITS  ENACTMENT  THEREOF.  THE  COMMISSION SHALL ARRANGE FOR
 NOTIFICATION OF ALL COMPACTING STATES WHENEVER THERE IS A NEW  ENACTMENT
 OF THE COMPACT.
   ANY  COMPACTING  STATE  MAY  WITHDRAW  FROM THIS COMPACT BY ENACTING A
 STATUTE REPEALING THE SAME. NO WITHDRAWAL  SHALL  AFFECT  ANY  LIABILITY
 ALREADY  INCURRED  BY  OR  CHARGEABLE TO A COMPACTING STATE PRIOR TO THE
 TIME OF SUCH WITHDRAWAL.
 
                          ARTICLE XI. RECIPROCITY
 
   IF   THE   COMMISSION    DETERMINES    THAT    THE    STANDARDS    FOR
 INDUSTRIALIZED/MODULAR  BUILDINGS  PRESCRIBED BY STATUTE, RULE, OR REGU-
 LATION OF COMPACTING STATE ARE AT LEAST EQUAL TO THE COMMISSION'S  MODEL
 RULES  AND  REGULATIONS  FOR  INDUSTRIALIZED/MODULAR BUILDINGS, AND THAT
 SUCH STATE STANDARDS ARE ENFORCED BY THE COMPACTING STATE IN  ACCORDANCE
 WITH   THE  UNIFORM  ADMINISTRATIVE  PROCEDURES,  INDUSTRIALIZED/MODULAR
 BUILDINGS APPROVED BY SUCH A COMPACTING STATE SHALL BE  DEEMED  TO  HAVE
 BEEN APPROVED BY ALL THE COMPACTING STATES FOR PLACEMENT IN THOSE STATES
 IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE COMMISSION.
 
            ARTICLE XII. EFFECT ON OTHER LAWS AND JURISDICTION
 
   NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO:
   (1)  WITHDRAW OR LIMIT THE JURISDICTION OF ANY STATE OR LOCAL COURT OR
 ADMINISTRATIVE OFFICER OR BODY WITH RESPECT TO ANY PERSON,  CORPORATION,
 OR OTHER ENTITY OR SUBJECT MATTER, EXCEPT TO THE EXTENT THAT SUCH JURIS-
 DICTION  PURSUANT  TO  THIS COMPACT, IS EXPRESSLY CONFERRED UPON ANOTHER
 AGENCY OR BODY.
   (2) SUPERSEDE OR LIMIT THE JURISDICTION OF ANY  COURT  OF  THE  UNITED
 STATES.
 
                ARTICLE XIII. CONSTRUCTION AND SEVERABILITY

   THIS  COMPACT  SHALL  BE  LIBERALLY  CONSTRUED SO AS TO EFFECTUATE THE
 PURPOSES THEREOF. 8 THE PROVISIONS OF THIS COMPACT  SHALL  BE  SEVERABLE
 AND  IF  ANY  PHRASE,  CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS
 DECLARED TO BE CONTRARY TO THE CONSTITUTION  OF  ANY  STATE  OR  OF  THE
 S. 9119                             8
 
 UNITED  STATES  OR  THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
 PERSON, OR CIRCUMSTANCES IS HELD INVALID, THE VALIDITY OF THE  REMAINDER
 OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
 PERSON,  OR  CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT
 SHALL BE HELD CONTRARY TO THE CONSTITUTION OF  ANY  STATE  PARTICIPATING
 THEREIN,  THE  COMPACT  SHALL  REMAIN IN FULL FORCE AND EFFECT AS TO THE
 REMAINING PARTY STATES AND IN FULL FORCE AND  EFFECT  AS  TO  THE  STATE
 AFFECTED AS TO ALL SEVERABLE MATTERS.
   § 2. This act shall take effect immediately.

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