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A00276 Summary:

BILL NOA00276A
 
SAME ASSAME AS S00532-A
 
SPONSORZebrowski
 
COSPNSRLawler
 
MLTSPNSR
 
Amd §376-a, Exec L
 
Relates to minimum standards for code enforcement personnel; requires the secretary of state to promulgate rules and regulations in relation to minimum standards for code enforcement personnel including requirements for training.
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A00276 Actions:

BILL NOA00276A
 
01/06/2021referred to governmental operations
01/05/2022referred to governmental operations
05/18/2022amend and recommit to governmental operations
05/18/2022print number 276a
05/24/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.436
05/31/2022substituted by s532a
 S00532 AMEND=A PERSAUD
 01/06/2021REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
 02/01/2021REPORTED AND COMMITTED TO FINANCE
 04/26/20211ST REPORT CAL.774
 04/27/20212ND REPORT CAL.
 04/28/2021ADVANCED TO THIRD READING
 05/10/2021PASSED SENATE
 05/10/2021DELIVERED TO ASSEMBLY
 05/10/2021referred to governmental operations
 01/05/2022died in assembly
 01/05/2022returned to senate
 01/05/2022REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
 02/08/20221ST REPORT CAL.452
 02/09/20222ND REPORT CAL.
 02/14/2022ADVANCED TO THIRD READING
 04/27/2022PASSED SENATE
 04/27/2022DELIVERED TO ASSEMBLY
 04/27/2022referred to governmental operations
 05/18/2022RECALLED FROM ASSEMBLY
 05/18/2022returned to senate
 05/18/2022VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/18/2022AMENDED ON THIRD READING 532A
 05/23/2022REPASSED SENATE
 05/23/2022RETURNED TO ASSEMBLY
 05/23/2022referred to governmental operations
 05/31/2022substituted for a276a
 05/31/2022ordered to third reading rules cal.436
 06/03/2022passed assembly
 06/03/2022returned to senate
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A00276 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A276A
 
SPONSOR: Zebrowski
  TITLE OF BILL: An act to amend the executive law, in relation to minimum standards for code enforcement personnel   PURPOSE OR GENERAL IDEA OF BILL: This bill creates a timeline for completion of the mandatory training for code enforcement personnel and increases the annual continuing education required to maintain certification. It also requires building safety inspectors and code enforcement officials to complete a minimum amount of basic training courses prior to performing certain enforcement activities. Finally, the bill prohibits continued employment as code enforcement personnel where the individual's certification has been suspended or revoked unless the person has received an extension to become active by the secretary.   SUMMARY OF PROVISIONS: Section one of the bill amends section 376-a of the executive law as it relates to requiring the Secretary of State to promulgate regulations on timeline for training to be completed, sets a minimum amount of basic training courses prior to performing certain enforcement activities increasing the number of hours of continuing education training and prohibiting employment if a person's certification that has been suspended or revoked. Section two of the bill relates to the effective date.   JUSTIFICATION: Currently, code enforcement personnel are afforded 18 months to complete the basic training from the time of appointment and may begin enforce- ment activities immediately without taking a single course. This bill will create a more reasonable timeline for completing basic training; 6 months for building safety inspectors and 12 months for code enforcement officers. In addition, this bill provides for a minimum amount of basic training courses needed before an individual may commence enforcement activities. An individual should have a basic understanding of the uniform code prior to taking official actions. Lastly, this bill will ensure that any code enforcement personnel whose certification was suspended or revoked shall not be employed in that role in accordance with collective bargaining agreements.   PRIOR LEGISLATIVE HISTORY: A.9676 of 2020   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00276 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         276--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. ZEBROWSKI, LAWLER -- read once and referred to
          the Committee on Governmental Operations -- recommitted to the Commit-
          tee on Governmental Operations in accordance  with  Assembly  Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the executive law, in relation to minimum standards  for
          code enforcement personnel
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 376-a of  the  executive  law,  as
     2  amended  by  chapter  468  of  the  laws  of 2017, is amended to read as
     3  follows:
     4    2. In addition to the functions, powers and duties otherwise  provided
     5  by this article, the secretary of state [may] shall promulgate rules and
     6  regulations with respect to:
     7    (a)  The approval, or revocation thereof, of code enforcement training
     8  programs for code enforcement personnel;
     9    (b) Minimum courses of study, attendance requirements,  and  equipment
    10  and  facilities  to  be  required for approved code enforcement training
    11  programs for code enforcement personnel;
    12    (c) Minimum training and examination requirements to qualify for  code
    13  enforcement officer certification, provided that such training and exam-
    14  ination requirements shall not result in code enforcement personnel that
    15  have  otherwise  completed  the  minimum  basic training requirements in
    16  order to be eligible for continued employment or  permanent  appointment
    17  as  of  the  effective date of [the] chapter four hundred sixty-eight of
    18  the laws of two thousand seventeen [that amended  this  paragraph]  from
    19  being  ineligible  without  further  training or examination for certif-
    20  ication pursuant to paragraph (d) of this subdivision;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03038-05-2

        A. 276--A                           2
 
     1    (d) Issuance of a  code  enforcement  officer  certification  when  an
     2  applicant  satisfies  the requirement set forth in paragraph (c) of this
     3  subdivision;
     4    (e) Revocation or suspension of the certification of any code enforce-
     5  ment personnel found after a hearing to have materially failed to uphold
     6  duties  of  a  code  enforcement  officer, including but not limited to,
     7  making material errors or omissions on an inspection report. The hearing
     8  required prior to such revocation or suspension shall provide  the  code
     9  enforcement  officer  the opportunity to be heard and shall be conducted
    10  pursuant to article three of the state administrative procedure act;
    11    (f) Minimum qualifications for instructors for approved code  enforce-
    12  ment training programs for code enforcement personnel;
    13    (g)  The requirements of minimum basic training which code enforcement
    14  personnel shall complete in order to be eligible for  continued  employ-
    15  ment  or  permanent  appointment,  and  the time within which such basic
    16  training must be completed following such appointment, provided however,
    17  that absent a written extension from the secretary  of  state  for  good
    18  cause  shown, the minimum basic training requirements shall be completed
    19  within six months from the  date  of  appointment  for  building  safety
    20  inspectors  and  within  twelve  months from the date of appointment for
    21  code enforcement officials, provided  further  that  a  building  safety
    22  inspector  must  complete  at least one-third of required basic training
    23  courses prior to performing building safety inspector enforcement activ-
    24  ities; and a code enforcement official must complete at least  one-sixth
    25  of  required  basic training courses prior to performing building safety
    26  inspector  enforcement  activities  and  must  complete  two-thirds   of
    27  required  basic  training  courses  prior to performing code enforcement
    28  official enforcement activities;
    29    (h) The requirements for  in-service  training  programs  designed  to
    30  assist  code  enforcement  personnel  in  maintaining  skills  and being
    31  informed of technological advances which shall include an annual minimum
    32  of ten hours for building safety inspectors  and  twenty-six  hours  for
    33  code  enforcement  officials,  and  include  topics  on  changes in law,
    34  advancements in construction techniques, or detection and remediation of
    35  common violations of the uniform code and/or energy code;
    36    (i) Categories or  classifications  of  advanced  in-service  training
    37  programs  and  minimum courses of study and attendance requirements with
    38  respect to such categories or classifications;
    39    (j) The prohibition of continued employment of an individual  as  code
    40  enforcement personnel whose certification has been suspended or revoked,
    41  unless  such  individual  has received an extension to achieve an active
    42  certification by the secretary of state upon a showing  of  good  cause.
    43  Where such suspension or revocation is the result of failure to complete
    44  in-service  training  pursuant to paragraph (h) of this subdivision, any
    45  adverse employment  action  shall  be  based  on  negligent  failure  to
    46  complete  the required hours. Nothing in this section shall be deemed to
    47  diminish the rights, privileges, or remedies of any applicant or current
    48  or former employee under any  other  law  or  regulation  or  under  any
    49  collective bargaining agreement or employment contract; and
    50    (k)  Exemptions from particular provisions of this article in the case
    51  of any county, city, town, or village if in the opinion of the secretary
    52  of state the standards of  code  enforcement  training  established  and
    53  maintained by such county, city, town, or village are equal to or higher
    54  than  those established pursuant to this article; or revocation in whole
    55  or in part of such exemption, if in his or her opinion the standards  of
    56  code  enforcement  training  established  and maintained by such county,

        A. 276--A                           3
 
     1  city, town, or village are lower than those established pursuant to this
     2  article[;].
     3    § 2. This act shall take effect on the one hundred twentieth day after
     4  it  shall have become a law. Effective immediately, the addition, amend-
     5  ment and/or repeal of any rule or regulation necessary for the implemen-
     6  tation of this act on its effective date are authorized to be  made  and
     7  completed on or before such date.
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