S T A T E O F N E W Y O R K
________________________________________________________________________
1976
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed to the Committee on Environmental Conser-
vation
AN ACT to amend the environmental conservation law, in relation to
including asbestos as a contaminant for the purposes of classifying a
piece of real property as a brownfield site
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7-a of section 27-1405 of the environmental
conservation law, as added by section 2 of part A of chapter 577 of the
laws of 2004, is amended to read as follows:
7-a. "Contaminant" shall mean ASBESTOS, hazardous waste and/or petro-
leum as such terms are defined in this section.
S 2. Section 27-1405 of the environmental conservation law is amended
by adding a new subdivision 1-a to read as follows:
1-A. "ASBESTOS" MEANS ANY NATURALLY OCCURRING HYDRATED MINERAL SILI-
CATE SEPARABLE INTO COMMERCIALLY USABLE FIBERS, INCLUDING CHRYSOTILE
(SERPENTINE), AMOSITE (CUMMINGTONITE-GRUNERITE), CROCIDOLITE (RIEBECK-
ITE), TREMOLITE, ANTHROPHYLLITE AND ACTINOLITE. A BUILDING SHALL QUALIFY
AS A BROWNFIELD SITE, AS DEFINED IN THIS SECTION, IF AMBIENT INDOOR AIR
QUALITY FAILS TO YIELD SATISFACTORY RESULTS PER DEPARTMENT OF LABOR
CLEARANCE AIR MONITORING REGULATIONS.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have became a law. Effective immediately, the department of
environmental conservation may add, repeal, or amend any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07912-01-9