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Assembly Bill A5758

2015-2016 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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2015-A5758 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Private Housing Finance Law
Laws Affected:
Add ยง32-c, Priv Hous Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10602
2013-2014: A7468

2015-A5758 (ACTIVE) - Summary

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

2015-A5758 (ACTIVE) - Bill Text download pdf 

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

                                  5758

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

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  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 OR REMEDIATION ACTIVITIES FOR FRIABLE ASBESTOS OR
FILING OF PLANS OR REPORTS TO STATE OR LOCAL REGULATORY AGENCIES  RELAT-
ING  TO  THE TESTING OR REMEDIATION ACTIVITIES FOR FRIABLE ASBESTOS WITH
RESPECT TO SUCH RENOVATION OR REPLACEMENT WORK AND MAY CONDUCT OR UNDER-
TAKE 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.
                                                           LBD09703-01-5

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