C.__The commission may test products covered by subsection 4, paragraph A using an accredited testing facility.__If products so tested are found not to be in compliance with the minimum efficiency standards established under subsection 5, the commission shall:

(1)__Charge the manufacturer of such product for the cost of product purchase and testing; and

(2)__Provide information to the public on products found not to be in compliance with the standards.

D.__The commission may cause periodic inspections to be made of distributors or retailers of new products covered by subsection 4, paragraph A in order to determine compliance with the provisions of this section.

E.__The commission shall cause investigations to be made of complaints received concerning violations of this section and shall report the results of such investigations to the Attorney General. The Attorney General may institute proceedings to enforce the provisions of this section.__Any manufacturer, distributor or retailer who violates any provision of this section must be issued a warning by the commission for the first violation.__Repeat violations are subject to a civil penalty of not more than $250.__Each violation constitutes a separate offense, and each day that violation continues constitutes a separate offense. Penalties assessed under this paragraph are in addition to costs assessed under paragraph C.

9.__Rulemaking.__The commission shall adopt rules as necessary to ensure the proper implementation and enforcement of the provisions of this section.__Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 6. Building code study. The Energy Resources Council, in consultation with the Department of Economic and Community Development and the Public Utilities Commission, shall review building codes used in Maine and the enforcement of those building codes to assess whether these codes need to be updated to reflect improved energy efficiency and design that reduces the negative impacts on the environment of demolition, construction and operation of buildings. In assessing the codes and making