STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 326	By:	Brecheen

AS INTRODUCED

An Act relating to the Oklahoma Asbestos Control Act; amending 40 O.S. 2011, Sections 451 and 452, which relate to asbestos; changing asbestos percentage for required licensure; making fees nonrefundable; setting duplicate license fee; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     40 O.S. 2011, Section 451, is amended to read as follows:
Section 451.  As used in the Oklahoma Asbestos Control Act:
1.  "Friable asbestos material" means any material that contains asbestos of one percent (1%) or more than one percent (1%) that can be crumbled, pulverized or reduced to powder by hand pressure;
2.  "Friable asbestos material abatement" means the removal, encapsulation or enclosure of friable asbestos containing material;
3.  "Friable asbestos material encapsulation" means the application of a bonding agent called a sealant, which penetrates and hardens the asbestos material or covers the surface of the material with a protective coating, thus preventing fiber release from the asbestos material;
4.  "Friable asbestos material removal" means the actual physical removal of any friable asbestos containing material from a facility, when the asbestos is either attached to or detached from any device or structure;
5.  "Contractor" means any public or private entity that engages in friable asbestos containing material abatement in any facility in this state except private residences or apartment houses of less than six family units; and
6.  "Commissioner" means the Commissioner of Labor.
SECTION 2.     AMENDATORY     40 O.S. 2011, Section 452, is amended to read as follows:
Section 452.  A.  No contractor shall abate any friable material containing asbestos without having first obtained a license to do so from the Commissioner of Labor.  The Commissioner shall issue an asbestos abatement license to a qualified contractor upon proper application, as determined by the Commissioner.  The annual fee for such license shall be Five Hundred Dollars ($500.00).  A nonrefundable initial application fee of One Thousand Dollars ($1,000.00) shall be charged.  The Commissioner may deny a license to applicants whose past abatement performance for abatement of friable asbestos does not comply with federal and other states' requirements.  A minimum waiting period of one hundred twenty (120) days will be required before issuance of a license to permit the Commissioner to perform a work performance investigation of the applicant.
The annual fee for examining and certifying workers employed by a contractor for asbestos abatement shall be Twenty-five Dollars ($25.00).  Uncertified workers shall not be used on any asbestos abatement projects.
B.  The state and political subdivisions thereof, counties and political subdivisions thereof and municipalities and political subdivisions thereof, and their supervisors and employees, shall be exempt from any certification fees required by this section when such entities act as a contractor.  Any contractor not performing abatement work which falls under the jurisdiction of the Commissioner during the period of the issued license shall be considered a new applicant for purposes of licensing and training.
C.  A fee of Six Hundred Dollars ($600.00) shall be paid by contractors to the Department of Labor, to be deposited in the General Revenue Fund, for each separate containment area of any asbestos abatement project.  There shall be a minimum of three inspections of each containment area.  For projects which are not a part of a definite containment area, or are performed with multiple glovebags or miniature containments, a fee of Two Hundred Dollars ($200.00), plus Five Dollars ($5.00) per such glovebag or miniature containment, shall be made.
Asbestos abatement projects performed on properties owned by the state or any political subdivision thereof shall be exempt from this fee.
D.  Any asbestos abatement contractor transporting asbestos-containing material shall be required to provide to the Commissioner a Certificate of Insurance by a carrier licensed to do business in the State of Oklahoma demonstrating a minimum of One Million Dollars ($1,000,000.00) of environmental impairment insurance.
E.  No state agency or political subdivision thereof, county or political subdivision thereof, or municipalities or political subdivisions thereof shall solicit or receive any estimate or bid for abatement of asbestos from any person or party who is not a licensed asbestos abatement contractor.
F.  All fees paid pursuant to the Oklahoma Asbestos Control Act and the Abatement of Friable Asbestos Materials Rules shall be nonrefundable.  There shall be a fee of Twenty-five Dollars ($25.00) for the issuance of a duplicate license.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-410	 NP	1/14/2013 2:09:38 PM