Bill Text: NY A03099 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to asbestos project notification fees per square foot for friable material.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A03099 Detail]

Download: New_York-2015-A03099-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3099
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M.  of  A. LUPARDO, CROUCH, GOODELL, MAGNARELLI, GIGLIO,
         McDONALD, THIELE, SALADINO -- read once and referred to the  Committee
         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:
    1    Section 1. Subdivision 2 of section 904 of the labor law,  as  amended
    2  by section 1 of part BB of chapter 57 of the laws of 2009, is amended to
    3  read as follows:
    4    2.  Any  contractor engaged in an asbestos project involving more than
    5  two hundred sixty linear feet or more than one hundred sixty square feet
    6  of asbestos or asbestos materials shall notify both  the  United  States
    7  Environmental  Protection  Agency, Region II, Air and Hazardous Material
    8  Division and the commissioner in writing ten days prior to the commence-
    9  ment of work on the project or, if emergency conditions make it impossi-
   10  ble to provide ten days prior notice, as soon as practicable after iden-
   11  tification of the project. The notice to the commissioner shall  include
   12  the  following  information:  the  name,  address  and asbestos handling
   13  license number of the contractor working on the project; the address and
   14  description of the building or area, including size, age and  prior  use
   15  of the building or area; the amount of friable asbestos material present
   16  in  square  feet  and/or  linear  feet,  if applicable; room designation
   17  numbers or other local information where such asbestos material is found
   18  unless such material is found throughout the entire structure; the sche-
   19  duled starting and completion dates  for  removal;  the  procedures  and
   20  equipment,  including  ventilating  systems  that  will be employed; any
   21  additional information which the commissioner may require; and shall  be
   22  accompanied by a project notification fee as follows:
   23                 Project Size/Linear Feet                Fee
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06330-01-5
       A. 3099                             2
    1                      260-429                            $200
    2                      430-824                             400
    3                      825-1649                          1,000
    4                      1650 or more                      2,000
    5                 Project Size/Square Feet (FRIABLE)      Fee
    6                      160-259                            $200
    7                      260-499                             400
    8                      500-999                           1,000
    9                      1000 or more                      2,000
   10                 PROJECT SIZE/SQUARE FEET                FEE
   11                 (NON-FRIABLE/RACM)
   12                      160-259                            $50
   13                      260-499                             75
   14                      500-999                            100
   15                      1,000-1,999                        200
   16                      2,000-2,999                        500
   17                      3,000-3,999                        800
   18                      4,000-4,999                       1,000
   19                      5,000 OR MORE                     2,000
   20    ALL OWNER OCCUPIED ONE AND TWO FAMILY HOMES THAT ARE OCCUPIED DURING A
   21  DISASTER  AND  THEN  CONDEMNED DUE TO DISASTERS SUCH AS, BUT NOT LIMITED
   22  TO, FLOODS, FIRES, TORNADOES OR HURRICANES SHALL PAY A  FIXED  NOTIFICA-
   23  TION FEE FOR NOTIFICATION PURPOSES OF DEMOLITION OF TWO HUNDRED DOLLARS.
   24  RESIDENTIAL  HOMES  ACQUIRED  BY  TOWNS AND MUNICIPALITIES AND CONDEMNED
   25  SHALL NOTIFY THE DEPARTMENT OF LABOR PER THE NORMAL NOTIFICATION PROCESS
   26  BUT SHALL NOT BE REQUIRED TO PAY ANY NOTIFICATION FEE.
   27    S 2. This act shall take effect immediately.