senate Bill S2082

Relates to asbestos project notification and associated fee

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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

  • 10 / Jan / 2013
    • REFERRED TO LABOR
  • 03 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

Relates to asbestos project notification and associated fee.

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Bill Details

Versions:
S2082
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง904, Lab L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S748
2009-2010: S4650

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S2082

TITLE OF BILL: An act to amend the labor law, in relation to asbestos
project notification fees

PURPOSE: To amend Section 904 of the Labor Law with regard to asbestos
project notification fees for owner occupied one or two family
residential structures.

SUMMARY OF PROVISIONS: This bill would amend Section 904 of the Labor
Law to provide that the asbestos notification fee for owner occupied
one or two family residential structures shall be no more than five
hundred dollars.

JUSTIFICATION: Municipalities seek to improve neighborhoods through
renovations and by procuring grant program funding. Unfortunately, in
many distressed neighborhoods, the asbestos removal fees are so
cost-prohibitive, that it has had a devastating effect on the local
government's ability to address building code enforcement and pursue
economic development opportunities, by more than doubling the cost of
demolition activities. Demolition and redevelopment projects benefit
citizens and strengthen neighborhoods. Currently, a very small
percentage of asbestos project notifications are received from
projects involving owner occupied one or two family structures.

It is believed that so few of these notifications are received because
the current fee structure is cost prohibitive, which results in
homeowners either doing the abatement project illegally themselves or
not doing the project at all. If home-owners are charged a fee of no
more than five hundred dollars for the project notification it will
result in improved compliance and an increase in the number of
homeowner asbestos project notifications received by the Department,
due to the increased economic feasibility of complying with the law.

LEGISLATIVE HISTORY: 2011,2012: S.748 Passed Senate 2009,2010: S.4650
Referred to Labor 2007,2008: S.4903/A.3627 Passed Senate

FISCAL IMPLICATIONS: There may be an increase in revenue from
homeowner project notification fees since it is expected that the
Department would receive a greater volume of these types of
notifications.

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
________________________________________________________________________

                                  2082

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 asbestos project notifica-
  tion fees

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

  Section  1.  Subdivisions  2, 3 and 4 of section 904 of the labor law,
subdivision 2 as amended by section 1 of part BB of chapter  57  of  the
laws  of 2009, subdivision 3 as added by chapter 775 of the laws of 1986
and subdivision 4 as added by chapter 520  of  the  laws  of  1989,  are
amended to read as follows:
  2.  [Any]  EXCEPT AS PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION,
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 Envi-
ronmental Protection Agency, Region II, Air and Hazardous Material Divi-
sion, AS REQUIRED, and the commissioner in writing ten days prior to the
commencement of work on the project or, if emergency conditions make  it
impossible  to  provide  ten  days  prior notice, as soon as practicable
after identification 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 mate-
rial  is  found  unless    such  material is found throughout the entire
structure; the scheduled 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 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.
                                                           LBD06493-01-3

S. 2082                             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

  3.  ANY  CONTRACTOR  ENGAGED  IN  AN ASBESTOS PROJECT THAT INVOLVES AN
OWNER OCCUPIED ONE OR TWO UNIT RESIDENTIAL STRUCTURE, WHERE SUCH  ASBES-
TOS  PROJECT  INVOLVES  MORE  THAN TWO HUNDRED SIXTY LINEAR FEET OR MORE
THAN ONE HUNDRED SIXTY SQUARE FEET OF ASBESTOS  OR  ASBESTOS  MATERIALS,
SHALL  NOTIFY  THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION
II, AIR AND HAZARDOUS MATERIAL DIVISION, IF SO REQUIRED, AND THE COMMIS-
SIONER IN WRITING TEN DAYS PRIOR TO THE  COMMENCEMENT  OF  WORK  ON  THE
PROJECT  OR,  IF  EMERGENCY CONDITIONS MAKE IT IMPOSSIBLE TO PROVIDE TEN
DAYS PRIOR NOTICE, AS SOON AS PRACTICABLE AFTER  IDENTIFICATION  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 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  SCHEDULED  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 SHALL BE ACCOMPANIED BY A HOME-
OWNER PROJECT NOTIFICATION FEE OF NO MORE THAN FIVE HUNDRED DOLLARS.
  4. Upon the expiration,  revocation  or  non-renewal  of  an  asbestos
handling license, or at any other time at the request of the commission-
er,  any  records  required to be kept pursuant to this section shall be
given to the commissioner.
  [4.] 5. A contractor shall  post  or  otherwise  provide  for  written
notification  to  residential  and  business occupants of a building ten
days prior to the commencement of work on any asbestos  project  in  the
building  or, if the work is scheduled to begin less than ten days after
the execution of  the  contract,  at  least  three  days  prior  to  the
commencement  of  work, or if emergency conditions make it impossible to
provide ten days notice or three days notice as applicable, as  soon  as
practicable  after identification of the project. The notification shall
be made in such a manner  and  shall  contain  such  information  as  is
reasonably necessary to advise such occupants of any asbestos project in
the  building, according to regulations promulgated by the commissioner.
If posted, such notice shall remain in place  until  completion  of  the
project.  It  shall  be  a  violation  of this chapter for any person to
interfere with the obligations of a contractor under this subdivision.
  S 2. This act shall take effect immediately.

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