Bill Text: NJ S3040 | 2018-2019 | Regular Session | Introduced


Bill Title: Prohibits use of products containing asbestos in building construction.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2019-03-18 - Received in the Assembly, Referred to Assembly Environment and Solid Waste Committee [S3040 Detail]

Download: New_Jersey-2018-S3040-Introduced.html

SENATE, No. 3040

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 15, 2018

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Prohibits use of products containing asbestos in building construction.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use of building materials containing asbestos, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  No person shall use any building material that contains asbestos in the construction of any building.

     b.    The Department of Community Affairs shall maintain a list on its internet website of all building materials that contain asbestos. 

     c.     Any person who violates subsection a. of this section shall be subject to a penalty of up to $2,500 for each violation, to be collected in a civil action in a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this section.  The Department of Community Affairs or the enforcing official in the municipality in which the violation occurs shall enforce the provisions of subsection a. of this section.

     d.    The department may institute a civil action for injunctive relief in the Superior Court to enforce this section and to prohibit and prevent a violation of this section, and the court may proceed in the action in a summary manner.

     e.     As used in this section: "asbestos" means the same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).

 

     2.    This act shall take effect on the 180th day after the date of enactment.

 

 

STATEMENT

 

     This bill would prohibit a person from using any building material that contains asbestos in the construction of any building.  The bill would require the Department of Community Affairs to maintain a list on its internet website of all building materials that contain asbestos.  The prohibition in the bill would take effect on the 180th day after the bill is enacted into law.  Under the bill, a person who violates the bill would be subject to a penalty of up to $2,500 for each violation.  The Department of Community Affairs or the enforcing official in the municipality in which the violation occurs would have the authority to enforce the bill's provisions.  The bill would also allow the Department of Community Affairs to seek an injunction against a violator.

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