senate Bill S1598A

Exempts contractors employed by certain municipalities 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

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 01 / Feb / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 29 / May / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 29 / May / 2013
    • PRINT NUMBER 1598A
  • 08 / Jan / 2014
    • REFERRED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1535
  • 18 / Jun / 2014
    • SUBSTITUTED BY A7963

Summary

Exempts contractors employed by certain large municipalities from payment of asbestos project notification fees for demolitions.

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Bill Details

See Assembly Version of this Bill:
A7963
Versions:
S1598
S1598A
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Amd ยง904, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
S6829

Votes

8
0
8
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Infrastructure and Capital Investment committee vote details

Sponsor Memo

BILL NUMBER:S1598A

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

PURPOSE:

To exempt contractors in cities having a population between 125,000
and 1,000,000 who are doing construction work under contract by a
municipality from having to pay asbestos notification fees.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 904 of the labor law to exempt contractors in
cities having a population between 125,000 and 1,000,000 who are doing
construction work under contract by a municipality from having to pay
asbestos notification fees.

Section 2 is the effective date.

JUSTIFICATION:

These upstate distressed cities are all facing fiscal situations that
require a broad look at ways to assist them. These covered
municipality 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 many of 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. with the State
playing no role in this situation, what levying of this fee amounts to
is an unfunded mandate on municipalities that should not continue.

PRIOR LEGISLATIVE HISTORY:

Similar 6829 Passed Senate in 2011

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
________________________________________________________________________

                                 1598--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GRISANTI, LIBOUS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee discharged and said bill committed to the Committee on Infrastruc-
  ture  and Capital Investment -- reported favorably from said committee
  and committed to the Committee on  Finance  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the labor law,  in  relation  to  exempting  contractors
  employed  by  certain  municipalities 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05422-02-3

S. 1598--A                          2

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 A CITY WITH A POPULATION OF OVER ONE HUNDRED
TWENTY-FIVE  THOUSAND  BUT  NOT  MORE THAN ONE MILLION TO ENGAGE IN SUCH
ASBESTOS PROJECTS, shall be accompanied by a project notification fee as
follows:

               Project Size/Linear Feet                Fee

                    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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