Establishes certain waivers from the project notification fee imposed for certain asbestos removal projects.
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 the project notification fee imposed for asbestos removal
PURPOSE: Labor law section 904 subdivision 2 establishes a significant fee when asbestos abatement is performed. These costs are a significant unfunded mandate that burdens local governments in remedying unsafe buildings.
SUMMARY OF PROVISIONS: Section 1 of the bill amends § 904 of the Labor Law, waiving the asbestos project notification fee for local governments that are abating or demolishing structures that are a public nuisance or unsafe, at a cost that exceeds the resulting value of the property.
In addition, section 1 of the bill amends § 904 of the Labor Law, waiving the asbestos project notification fee for projects being undertaken by a Land Bank or pursuant to an Urban Renewal or Municipal Redevelopment Plan.
Section 2 sets the effective date.
JUSTIFICATION: Labor Law § 904 imposes a significant unfunded mandate on local governments that are abating unsafe buildings or properties that are a Public nuisance. In addition, this unfunded mandate presents a significant impediment to local government efforts at remediating blight and redevelopment their communities. Consequently, the waiver of the project notification fee will help foster the revitalization of New York's older cities and villages. It will also help local governments protect that public's health, safety, and welfare.
LEGISLATIVE HISTORY: S7234 (2012)
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 902 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MARTINS, LITTLE -- 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 the project notification fee imposed for asbestos removal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 904 of the labor law is amended by adding two new subdivisions 2-a and 2-b to read as follows: 2-A. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN BY OR ON BEHALF OF A CITY, TOWN, VILLAGE, OR COUNTY THAT IS ABATING OR DEMOLISH- ING A BUILDING THAT IS A PUBLIC NUISANCE OR UNSAFE. SUCH WAIVER SHALL APPLY ONLY IF THE CITY, TOWN, VILLAGE OR COUNTY CERTIFIES IN WRITING THAT THE PROJECT COST WILL EXCEED THE RESULTING VALUE OF THE PROPERTY. 2-B. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN: (A) PURSUANT TO A PLAN ADOPTED PURSUANT TO ARTICLE FIFTEEN OF THE GENERAL MUNICIPAL LAW; (B) PURSUANT TO A PLAN ADOPTED PURSUANT TO ARTICLE EIGHTEEN-C OF THE GENERAL MUNICIPAL LAW; OR (C) BY OR ON BEHALF OF A LAND BANK OPERAT- ING PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03349-01-3