Exempts contractors employed by the city of Buffalo from payment of asbestos project notification fees for demolitions.

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S698-2013 Actions

• May 22, 2013: referred to labor
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 21, 2013: ORDERED TO THIRD READING CAL.712
• May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 9, 2013: REFERRED TO LABOR

S698-2013 Meetings

Rules: May 21, 2013

S698-2013 Calendars

Active List: May 22, 2013 , Floor Calendar: May 22, 2013

S698-2013 Votes

S698-2013 Memo

BILL NUMBER:S698

TITLE OF BILL:
An act
to amend the labor law, in relation to exempting contractors employed by
the city of Buffalo from payment of asbestos project notification fees
for demolitions

PURPOSE:
To exempt contractors doing construction work while employed
by the City of Buffalo 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 the city of Buffalo from
having to pay asbestos notification fees.
Section 2 is the effective date.

JUSTIFICATION:
The city of Buffalo has requested this legislation by
passage of a resolution on September 22, 2011.

The city of Buffalo has an overabundance of vacant buildings, many of
which are old and contain asbestos. As the city deals with demolition
of these buildings it puts a financial strain onto the City.

Since July of 2008, over 50% of all demolitions have required the
payment of an asbestos notification fee. Many of these projects cost
over $4,000, while these fees are not a direct cost to the contractor
they are ultimately paid by the City and as a result borne by its tax
payers.

The City 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 in the City of Buffalo, 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.

PRIOR LEGISLATIVE HISTORY:
S.6248 of 2012 - Passed Senate

FISCAL IMPLICATIONS:
Approximately $619,000

EFFECTIVE DATE:
This act shall take effect immediately.

S698-2013 Text

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

                                     698

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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  the  city  of  Buffalo  from payment of asbestos project
    notification 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 THE CITY OF BUFFALO TO ENGAGE IN SUCH ASBES-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04731-01-3

 S. 698                              2

  TOS PROJECTS, shall be accompanied by  a  project  notification  fee  as
  follows:


                 Project Size/Linear Feet                Fee

                      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.