Senate Bill S7642A

                                BILL NUMBER:S7642A

TITLE OF BILL:
An act to amend the private housing finance law, in relation to
exempting limited-profit housing companies from being required to test
for friable asbestos under certain circumstances

PURPOSE OR GENERAL IDEA OF BILL:
To amend the private housing finance Law to exempt certain
limited-profit housing companies, such as Coop City, from being
required to test for friable asbestos under certain circumstances.
This bill was requested by the Board of Directors of Coop City and has
been introduced to obtain public comment on this proposal. The Board
of Directors of Coop City, while concerned about the possible presence
of asbestos and the safety of its tenants, maintains that testing for
the presence of asbestos in this situation is not warranted due to
past experience with multiple past tests conducted to determine the
presence of asbestos. Further conducting such testing is expensive and
ultimately paid for by the tenants of Coop City.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The Private Housing Finance Law is amended by adding a new
section 32-c to read as follows:

§ 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 1955 and 1970 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 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 environment
as a result of such activities, shall be exempt from further testing
for friable asbestos 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 receive 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.

§ 2. This act shall take effect immediately.

JUSTIFICATION:
Co-op City is a state development built under the Mitchell-Lama
Housing program that successfully created thousands of units of
housing specifically for low to middle income residents.  Several
years ago asbestos was found to be present in the adhesive sealant
used to affix tiles in the complex. Co-op City was ordered to replace
all tiles in the 15,000 plus apartments and to conduct air quality
tests for the presence of friable asbestos.


To date Co-op City has performed over 75,000 such tests and no
asbestos has been found in any of the testing samples. Since all tests
have shown that there is no friable asbestos present, this bill would
relieve the housing complex and its residents of spending
approximately $4 million annually on this questionable program.
Furthermore, it has been alleged that Co-op City has been targeting
for selective enforcement as no other development, similarly
constructed, has been ordered to perform these tests.

The bill would in no way relieve the complex from any suit brought
against it for the presence of any friable asbestos or of the
consequence thereof.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.