Bill Text: NY A10602 | 2011-2012 | General Assembly | Introduced

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Bill Title: Exempts limited-profit housing companies from being required to test for friable asbestos under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-21 - reported referred to rules [A10602 Detail]

Download: New_York-2011-A10602-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10602
                                 I N  A S S E M B L Y
                                     June 7, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
         -- read once and referred to the Committee on Housing
       AN ACT to amend the private housing finance law, in relation to  exempt-
         ing  limited-profit  housing companies from being required to test for
         friable asbestos under certain circumstances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The private housing finance law is amended by adding a new
    2  section 32-c to read as follows:
    3    S 32-C. TESTING FOR FRIABLE ASBESTOS.  1.  NOTWITHSTANDING  ANY  OTHER
    4  PROVISIONS  OF  LAW, RULE, REGULATION OR CODE TO THE CONTRARY, A COMPANY
    5  INCORPORATED UNDER THIS ARTICLE THAT UNDERTAKES TO RENOVATE  OR  REPLACE
    6  THE FLOORING WITHIN ITS REAL PROPERTY, (A) WHICH REAL PROPERTY WAS BUILT
    7  BETWEEN  THE  YEARS  OF NINETEEN HUNDRED FIFTY-FIVE AND NINETEEN HUNDRED
    8  SEVENTY-FOUR WITH TAX, MORTGAGE OR OTHER ASSISTANCE FROM  THE  STATE  OR
    9  MUNICIPAL  GOVERNMENT  AND  CONTAINS MORE THAN FIFTEEN THOUSAND UNITS OF
   10  HOUSING; AND (B) WHICH COMPANY HAS PERFORMED AT LEAST TWENTY-FIVE  THOU-
   11  SAND TESTS RELATING TO THE FLOORING RENOVATION OR REPLACEMENT ACTIVITIES
   12  FOR  THE  PRESENCE  OF  FRIABLE ASBESTOS FROM SUCH ACTIVITIES, AND WHICH
   13  TESTS HAVE, IN THE SOLE JUDGMENT OF SUCH COMPANY,  DEMONSTRATED  CONCLU-
   14  SIVELY  THAT  NO FRIABLE ASBESTOS HAS BEEN OR IS EXPECTED TO BE RELEASED
   15  INTO THE ENVIRONMENT AS A RESULT OF SUCH  ACTIVITIES,  SHALL  BE  EXEMPT
   16  FROM  FURTHER TESTING FOR FRIABLE ASBESTOS OR FILING OF PLANS OR REPORTS
   17  TO STATE OR LOCAL REGULATORY AGENCIES RELATING TO THE TESTING FOR  FRIA-
   18  BLE ASBESTOS WITH RESPECT TO SUCH RENOVATION OR REPLACEMENT WORK AND MAY
   19  CONDUCT  OR  UNDERTAKE  SUCH  WORK  AS  THE COMPANY DEEMS APPROPRIATE OR
   20  REQUIRED.
   21    2. NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A COMPANY OR ANY
   22  OTHER ENTITY OR PERSON OF RESPONSIBILITY IN TORT LAW FOR THE PRESENCE OF
   23  ANY FRIABLE ASBESTOS OR OF THE CONSEQUENCES THEREOF.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16095-02-2