* § 136-d. Contracts involving industrial painting and industrial coatings. 1. Any state agency contract for the application of industrial painting or industrial coating shall include provisions regarding contractor, subcontractor and worker certification as follows:

a. Contractors and subcontractors doing work involving industrial painting and industrial coating shall certify that all work completed meets the minimum standards established under this section by the office of general services regarding industrial painting and industrial coating.

b. Contractors and subcontractors doing work involving industrial painting and industrial coating that require the disturbance of lead-based paint or other hazardous materials shall certify that all work conducted on the project meets the minimum standards established under this section by the office of general services.

2. Any certifications required by this section shall be kept current for the duration of the contract.

3. The office of general services shall establish guidelines concerning the procurement of industrial paints and industrial coatings as well as the qualifications required for the application of industrial paints and industrial coatings by contractors and subcontractors pursuant to section one hundred sixty-three of this chapter. Such guidelines shall implement a certification process with minimum standards for contractors and subcontractors to file with the contracting agency upon completion of a project. When establishing guidelines related to industrial paints and industrial coatings, the office shall consider industry standards set forth by the Association for Materials Protection and Performance (AMPP) or other similar associations that set industry standards for protective coatings and shall consult with affected contractors and subcontractors to consider environmental impact as well as the impact on public health and safety. The office of general services shall establish contractor and subcontractor requirements for employees working on industrial painting and industrial coating projects including, but not limited to, requiring specific trainings or certifications for individual employees.

4. As used in this section, the term "state agency" shall mean the same as defined in section one hundred sixty of this chapter.

* NB Effective May 14, 2022