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Assembly Bill A10602

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2011-A10602 (ACTIVE) - Details

See Senate Version of this Bill:
S7642
Current Committee:
Assembly Rules
Law Section:
Private Housing Finance Law
Laws Affected:
Add ยง32-c, Priv Hous Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7468
2015-2016: A5758

2011-A10602 (ACTIVE) - Summary

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

2011-A10602 (ACTIVE) - Bill Text download pdf 

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

                                  10602

                          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, REGULATION OR CODE TO THE CONTRARY, A COMPANY
INCORPORATED 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-FOUR WITH TAX, MORTGAGE OR OTHER ASSISTANCE FROM  THE  STATE  OR
MUNICIPAL  GOVERNMENT  AND  CONTAINS MORE THAN FIFTEEN THOUSAND UNITS OF
HOUSING; AND (B) WHICH COMPANY HAS PERFORMED AT LEAST TWENTY-FIVE  THOU-
SAND 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  CONCLU-
SIVELY  THAT  NO FRIABLE ASBESTOS HAS BEEN OR IS EXPECTED TO BE RELEASED
INTO THE ENVIRONMENT 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  FRIA-
BLE 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.
                                                           LBD16095-02-2

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