senate Bill S6248

Exempts contractors employed by the city of Buffalo from payment of asbestos project notification fees for demolitions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jan / 2012
    • REFERRED TO LABOR
  • 18 / Apr / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1238
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO LABOR

Summary

Exempts contractors employed by the city of Buffalo from payment of asbestos project notification fees for demolitions.

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Bill Details

Versions:
S6248
Legislative Cycle:
2011-2012
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง904, Lab L

Sponsor Memo

BILL NUMBER:S6248

TITLE OF BILL:
An act
to amend the labor law, in relation to exempting contractors employed by
the city of Buffalo from payment of asbestos project notification fees
for demolitions

PURPOSE:
To exempt contractors doing construction work while employed
by the City of Buffalo from having to pay asbestos notification fees.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends Section 904 of the
labor law to exempt contractors employed by the city of Buffalo from
having to pay asbestos notification fees.
Section 2 is the effective date.

JUSTIFICATION:
The city of Buffalo has requested this legislation by
passage of a resolution on September 22, 2011.
The city of Buffalo has an overabundance of vacant buildings, many of
which are old and contain asbestos. As the city deals with demolition
of these buildings it puts a financial strain onto the City.
Since July of 2008, over 50% of all demolitions have required the
payment of an asbestos notification fee. Many of these projects cost
over $4,000, while these fees are not a direct cost to the contractor
they are ultimately paid by the City and as a result borne by its tax
payers.
The City or its asbestos contractors are responsible for performing
and testing all removal work, so it is unclear what costs are
incurred by the State from these projects.
Further when conducting demolitions in the City of Buffalo, the
structures in question are often large, have been subdivided and/or
have garages or related accessory structures. This may lead to work
at one site being deemed to be multiple asbestos projects rather than
one, each of which requires submission of a separate asbestos
notification fee to the state.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6248

                            I N  S E N A T E

                            January 17, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law,  in  relation  to  exempting  contractors
  employed  by  the  city  of  Buffalo  from payment of asbestos project
  notification fees for demolitions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 904 of the labor law, as amended
by section 1 of part BB of chapter 57 of the laws of 2009, is amended to
read as follows:
  2. Any contractor engaged in an asbestos project involving  more  than
two hundred sixty linear feet or more than one hundred sixty square feet
of  asbestos  or  asbestos materials shall notify both the United States
Environmental Protection Agency, Region II, Air and  Hazardous  Material
Division and the commissioner in writing ten days prior to the commence-
ment of work on the project or, if emergency conditions make it impossi-
ble to provide ten days prior notice, as soon as practicable after iden-
tification  of the project. The notice to the commissioner shall include
the following information:  the  name,  address  and  asbestos  handling
license number of the contractor working on the project; the address and
description  of  the building or area, including size, age and prior use
of the building or area; the amount of friable asbestos material present
in square feet and/or  linear  feet,  if  applicable;  room  designation
numbers or other local information where such asbestos material is found
unless such material is found throughout the entire structure; the sche-
duled  starting  and  completion  dates  for removal; the procedures and
equipment, including ventilating systems  that  will  be  employed;  any
additional  information  which the commissioner may require; and, EXCEPT
FOR CONTRACTORS EMPLOYED BY THE CITY OF BUFFALO TO ENGAGE IN SUCH ASBES-
TOS PROJECTS, shall be accompanied by  a  project  notification  fee  as
follows:

               Project Size/Linear Feet                Fee

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14019-01-2

S. 6248                             2

                    260-429                            $200
                    430-824                             400
                    825-1649                          1,000
                    1650 or more                      2,000

               Project Size/Square Feet                Fee

                    160-259                            $200
                    260-499                             400
                    500-999                           1,000
                    1000 or more                      2,000

  S 2. This act shall take effect immediately.

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