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Assembly Bill A10601

2011-2012 Legislative Session

Exempts limited-profit housing companies from being required to test for friable asbestos under certain circumstances

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2011-A10601 (ACTIVE) - Details

See Senate Version of this Bill:
S7642
Law Section:
Private Housing Finance Law
Laws Affected:
Add ยง32-c, Priv Hous Fin L

2011-A10601 (ACTIVE) - Summary

Exempts limited-profit housing companies from being required to test for friable asbestos under certain circumstances.

2011-A10601 (ACTIVE) - Bill Text download pdf

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

                                  10601

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
  -- read once and referred to the Committee on Housing

AN ACT to amend the private housing finance law, in relation to  exempt-
  ing  limited-profit  housing companies from being required to test for
  friable asbestos under certain circumstances

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

  Section  1. The private housing finance law is amended by adding a new
section 32-c to read as follows:
  S 32-C. TESTING FOR FRIABLE ASBESTOS.  1.  NOTWITHSTANDING  ANY  OTHER
PROVISIONS  OF LAW, RULE OR REGULATION TO THE CONTRARY, A COMPANY INCOR-
PORATED UNDER THIS ARTICLE THAT UNDERTAKES TO RENOVATE  OR  REPLACE  THE
FLOORING  WITHIN  ITS  REAL  PROPERTY, (A) WHICH REAL PROPERTY WAS BUILT
BETWEEN THE YEARS OF NINETEEN HUNDRED FIFTY-FIVE  AND  NINETEEN  HUNDRED
SEVENTY WITH TAX, MORTGAGE OR OTHER ASSISTANCE FROM THE STATE OR MUNICI-
PAL GOVERNMENT AND CONTAINS MORE THAN FIFTEEN THOUSAND UNITS OF HOUSING;
AND  (B) WHICH COMPANY HAS PERFORMED AT LEAST TWENTY-FIVE THOUSAND TESTS
RELATING TO THE FLOORING RENOVATION OR REPLACEMENT  ACTIVITIES  FOR  THE
PRESENCE OF FRIABLE ASBESTOS FROM SUCH ACTIVITIES, AND WHICH TESTS HAVE,
IN  THE SOLE JUDGMENT OF SUCH COMPANY, DEMONSTRATED CONCLUSIVELY THAT NO
FRIABLE ASBESTOS HAS BEEN OR IS EXPECTED TO BE RELEASED INTO  THE  ENVI-
RONMENT  AS  A  RESULT  OF SUCH ACTIVITIES, SHALL BE EXEMPT FROM FURTHER
TESTING FOR FRIABLE ASBESTOS OR FILING OF PLANS OR REPORTS TO  STATE  OR
LOCAL  REGULATORY  AGENCIES RELATING TO THE TESTING FOR FRIABLE ASBESTOS
WITH RESPECT TO SUCH RENOVATION OR REPLACEMENT WORK AND MAY  CONDUCT  OR
UNDERTAKE SUCH WORK AS THE COMPANY DEEMS APPROPRIATE OR REQUIRED.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A COMPANY OR ANY
OTHER ENTITY OR PERSON OF RESPONSIBILITY IN TORT LAW FOR THE PRESENCE OF
ANY FRIABLE ASBESTOS OR OF THE CONSEQUENCES THEREOF.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16095-01-2


              

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