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Assembly Bill A6362

2013-2014 Legislative Session

Exempts cooperative housing corporations from being required to test for friable asbestos under certain circumstances

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Archive: Last Bill Status - Stricken

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2013-A6362 (ACTIVE) - Details

Law Section:
Private Housing Finance Law
Laws Affected:
Ren §609 to be §615, add §609, Priv Hous Fin L

2013-A6362 (ACTIVE) - Summary

Exempts cooperative housing corporations from being required to test for friable asbestos under certain circumstances.

2013-A6362 (ACTIVE) - Bill Text download pdf 

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

                                  6362

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  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  cooperative  housing corporations 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.  Section 609 of the private housing finance law, as renum-
bered by chapter 20 of the laws of 1981, is renumbered section 615 and a
new section 609 is added to read as follows:
  S 609. TESTING FOR FRIABLE  ASBESTOS.  1.  NOTWITHSTANDING  ANY  OTHER
PROVISIONS  OF  LAW,  COOPERATIVE HOUSING CORPORATIONS THAT RENOVATE THE
FLOORING IN APARTMENTS WITHIN THEIR REAL PROPERTY, AND WHICH:  (A)  REAL
PROPERTY  WAS BUILT BETWEEN THE YEARS OF NINETEEN HUNDRED FIFTY-FIVE AND
NINETEEN HUNDRED SEVENTY-FOUR WITH TAX,  MORTGAGE  OR  OTHER  ASSISTANCE
FROM  STATE OR MUNICIPAL GOVERNMENTS; (B) CONTAIN AT LEAST FIFTEEN THOU-
SAND UNITS OF HOUSING; AND (C) HAVE PERFORMED AT LEAST TWENTY-FIVE THOU-
SAND TESTS IN AND AROUND THE FLOORING RENOVATION OR  REPLACEMENT  ACTIV-
ITIES  FOR  THE  PRESENCE  OF FRIABLE ASBESTOS FROM SUCH ACTIVITIES, AND
WHICH TESTS HAVE, IN THE  SOLE  JUDGMENT  OF  SUCH  COOPERATIVE  HOUSING
CORPORATION, DEMONSTRATED CONCLUSIVELY THAT THERE IS NO FRIABLE ASBESTOS
RELEASED  INTO  THE ENVIRONMENT AS A RESULT OF SUCH ACTIVITIES, SHALL BE
EXEMPT FROM FURTHER TESTING OR FILING OF  PLANS  OR  REPORTS  TO  STATE,
MUNICIPAL OR OTHER LOCAL REGULATORY AGENCIES WITH RESPECT TO SUCH FLOOR-
ING  WORK AND MAY CONDUCT OR UNDERTAKE SUCH FLOORING WORK AS THE COOPER-
ATIVE HOUSING CORPORATION DEEMS APPROPRIATE OR  REQUIRED  WITHOUT  BEING
REQUIRED TO PERFORM ASBESTOS TESTING, REMEDIATION OR REMOVAL.
  2.  NOTHING  IN  THIS  SECTION  NOR  ANY ACTIONS TAKEN HEREUNDER SHALL
RELIEVE SUCH COOPERATIVE HOUSING CORPORATION  OR  ANY  OTHER  ENTITY  OR
PERSON  OF  RESPONSIBILITY  IN  TORT LAW FOR THE PRESENCE OF ANY FRIABLE
ASBESTOS OR TO 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.

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