S T A T E O F N E W Y O R K
________________________________________________________________________
3675
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to asbestos project notifica-
tion fees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 904 of the labor law, as amended
by section 1 of part BB of chapter 57 of the laws of 2009, is amended to
read as follows:
2. Any contractor engaged in an asbestos project involving more than
two hundred sixty linear feet or more than one hundred sixty square feet
of asbestos or asbestos materials shall notify both the United States
Environmental Protection Agency, Region II, Air and Hazardous Material
Division and the commissioner in writing ten days prior to the commence-
ment of work on the project or, if emergency conditions make it impossi-
ble to provide ten days prior notice, as soon as practicable after iden-
tification of the project. The notice to the commissioner shall include
the following information: the name, address and asbestos handling
license number of the contractor working on the project; the address and
description of the building or area, including size, age and prior use
of the building or area; the amount of friable asbestos material present
in square feet and/or linear feet, if applicable; room designation
numbers or other local information where such asbestos material is found
unless such material is found throughout the entire structure; the sche-
duled starting and completion dates for removal; the procedures and
equipment, including ventilating systems that will be employed; any
additional information which the commissioner may require; and shall be
accompanied by a project notification fee as follows:
Project Size/Linear Feet Fee
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07057-01-3
A. 3675 2
260-429 $200
430-824 400
825-1649 1,000
1650 or more 2,000
Project Size/Square Feet (FRIABLE) Fee
160-259 $200
260-499 400
500-999 1,000
1000 or more 2,000
PROJECT SIZE/SQUARE FEET FEE
(NON-FRIABLE/RACM)
160-259 $50
260-499 75
500-999 100
1,000-1,999 200
2,000-2,999 500
3,000-3,999 800
4,000-4,999 1,000
5,000-5,999 2,000
6,000-6,999 3,000
7,000-7,999 4,000
8,000-8,999 5,000
9,000-9,999 6,000
10,000 OR MORE 8,000
ALL OWNER OCCUPIED ONE AND TWO FAMILY HOMES THAT ARE OCCUPIED DURING A
DISASTER AND THEN CONDEMNED DUE TO DISASTERS SUCH AS, BUT NOT LIMITED
TO, FLOODS, FIRES, TORNADOES OR HURRICANES SHALL PAY A FIXED NOTIFICA-
TION FEE FOR NOTIFICATION PURPOSES OF DEMOLITION OF TWO HUNDRED DOLLARS.
RESIDENTIAL HOMES ACQUIRED BY TOWNS AND MUNICIPALITIES AND CONDEMNED
SHALL NOTIFY THE DEPARTMENT OF LABOR PER THE NORMAL NOTIFICATION PROCESS
BUT SHALL NOT BE REQUIRED TO PAY ANY NOTIFICATION FEE.
S 2. This act shall take effect immediately.