S T A T E O F N E W Y O R K
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10601
I N A S S E M B L Y
June 7, 2012
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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