Relates to asbestos project notification and associated fee.
TITLE OF BILL: An act to amend the labor law, in relation to asbestos project notification fees
PURPOSE: To amend Section 904 of the Labor Law with regard to asbestos project notification fees for owner occupied one or two family residential structures.
SUMMARY OF PROVISIONS: This bill would amend Section 904 of the Labor Law to provide that the asbestos notification fee for owner occupied one or two family residential structures shall be no more than five hundred dollars.
JUSTIFICATION: Municipalities seek to improve neighborhoods through renovations and by procuring grant program funding. Unfortunately, in many distressed neighborhoods, the asbestos removal fees are so cost-prohibitive, that it has had a devastating effect on the local government's ability to address building code enforcement and pursue economic development opportunities, by more than doubling the cost of demolition activities. Demolition and redevelopment projects benefit citizens and strengthen neighborhoods. Currently, a very small percentage of asbestos project notifications are received from projects involving owner occupied one or two family structures.
It is believed that so few of these notifications are received because the current fee structure is cost prohibitive, which results in homeowners either doing the abatement project illegally themselves or not doing the project at all. If home-owners are charged a fee of no more than five hundred dollars for the project notification it will result in improved compliance and an increase in the number of homeowner asbestos project notifications received by the Department, due to the increased economic feasibility of complying with the law.
LEGISLATIVE HISTORY: 2011,2012: S.748 Passed Senate 2009,2010: S.4650 Referred to Labor 2007,2008: S.4903/A.3627 Passed Senate
FISCAL IMPLICATIONS: There may be an increase in revenue from homeowner project notification fees since it is expected that the Department would receive a greater volume of these types of notifications.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2082 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed 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: Section 1. Subdivisions 2, 3 and 4 of section 904 of the labor law, subdivision 2 as amended by section 1 of part BB of chapter 57 of the laws of 2009, subdivision 3 as added by chapter 775 of the laws of 1986 and subdivision 4 as added by chapter 520 of the laws of 1989, are amended to read as follows: 2.
[Any]EXCEPT AS PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION, 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 Envi- ronmental Protection Agency, Region II, Air and Hazardous Material Divi- sion, AS REQUIRED, and the commissioner in writing ten days prior to the commencement of work on the project or, if emergency conditions make it impossible to provide ten days prior notice, as soon as practicable after identification 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 mate- rial is found unless such material is found throughout the entire structure; the scheduled 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 FeeEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06493-01-3 S. 2082 2
260-429 $200 430-824 400 825-1649 1,000 1650 or more 2,000 Project Size/Square Feet Fee 160-259 $200 260-499 400 500-999 1,000 1000 or more 2,000 3. ANY CONTRACTOR ENGAGED IN AN ASBESTOS PROJECT THAT INVOLVES AN OWNER OCCUPIED ONE OR TWO UNIT RESIDENTIAL STRUCTURE, WHERE SUCH ASBES- TOS PROJECT INVOLVES MORE THAN TWO HUNDRED SIXTY LINEAR FEET OR MORE THAN ONE HUNDRED SIXTY SQUARE FEET OF ASBESTOS OR ASBESTOS MATERIALS, SHALL NOTIFY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION II, AIR AND HAZARDOUS MATERIAL DIVISION, IF SO REQUIRED, AND THE COMMIS- SIONER IN WRITING TEN DAYS PRIOR TO THE COMMENCEMENT OF WORK ON THE PROJECT OR, IF EMERGENCY CONDITIONS MAKE IT IMPOSSIBLE TO PROVIDE TEN DAYS PRIOR NOTICE, AS SOON AS PRACTICABLE AFTER IDENTIFICATION 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 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 SCHEDULED 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 HOME- OWNER PROJECT NOTIFICATION FEE OF NO MORE THAN FIVE HUNDRED DOLLARS. 4. Upon the expiration, revocation or non-renewal of an asbestos handling license, or at any other time at the request of the commission- er, any records required to be kept pursuant to this section shall be given to the commissioner.
[4.]5. A contractor shall post or otherwise provide for written notification to residential and business occupants of a building ten days prior to the commencement of work on any asbestos project in the building or, if the work is scheduled to begin less than ten days after the execution of the contract, at least three days prior to the commencement of work, or if emergency conditions make it impossible to provide ten days notice or three days notice as applicable, as soon as practicable after identification of the project. The notification shall be made in such a manner and shall contain such information as is reasonably necessary to advise such occupants of any asbestos project in the building, according to regulations promulgated by the commissioner. If posted, such notice shall remain in place until completion of the project. It shall be a violation of this chapter for any person to interfere with the obligations of a contractor under this subdivision. S 2. This act shall take effect immediately.