Exempts contractors employed by a municipality from payment of asbestos project notification fees for demolitions.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Espaillat, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the labor law, in relation to exempting contractors employed by a municipality from payment of asbestos project notification fees for demolitions
PURPOSE: To exempt contractors doing construction work under contract by a municipality from having to pay asbestos notification fees.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends Section 904 of the labor law to exempt contractors employed by a municipality from having to pay asbestos notification fees. Section 2 is the effective date.
JUSTIFICATION: The municipality or its asbestos contractors are responsible for performing and testing all removal work, so it is unclear what costs are incurred by the State from these projects. Further when conducting demolitions many of the structures in question are often large, have been subdivided and/or have garages or related accessory structures. This may lead to work at one site being deemed to be multiple asbestos projects rather than one, each of which requires submission of a separate asbestos notification fee to the state With the State playing no role in this situation, what levying of this fee amounts to is an unfunded mandate on municipalities that should not continue.
PRIOR LEGISLATIVE HISTORY: S 6829 Passed Senate in 2011
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6164 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. GRISANTI -- 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 exempting contractors employed by a municipality from payment of asbestos project notifica- tion fees for demolitions 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, EXCEPT FOR CONTRACTORS EMPLOYED BY A MUNICIPALITY TO ENGAGE IN SUCH ASBESTOS PROJECTS, 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. LBD05422-01-3 S. 6164 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 S 2. This act shall take effect immediately.