S T A T E O F N E W Y O R K
________________________________________________________________________
2082
2013-2014 Regular Sessions
I N S E N A T E
January 10, 2013
___________
Introduced by Sen. YOUNG -- 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 asbestos project notifica-
tion fees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3 and 4 of section 904 of the labor law,
subdivision 2 as amended by section 1 of part BB of chapter 57 of the
laws of 2009, subdivision 3 as added by chapter 775 of the laws of 1986
and subdivision 4 as added by chapter 520 of the laws of 1989, are
amended to read as follows:
2. [Any] EXCEPT AS PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION,
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 Envi-
ronmental Protection Agency, Region II, Air and Hazardous Material Divi-
sion, AS REQUIRED, and the commissioner in writing ten days prior to the
commencement of work on the project or, if emergency conditions make it
impossible to provide ten days prior notice, as soon as practicable
after identification 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 mate-
rial is found unless such material is found throughout the entire
structure; the scheduled 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 shall be accompanied by a project notification fee as follows:
Project Size/Linear Feet Fee
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06493-01-3
S. 2082 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
3. ANY CONTRACTOR ENGAGED IN AN ASBESTOS PROJECT THAT INVOLVES AN
OWNER OCCUPIED ONE OR TWO UNIT RESIDENTIAL STRUCTURE, WHERE SUCH ASBES-
TOS PROJECT INVOLVES MORE THAN TWO HUNDRED SIXTY LINEAR FEET OR MORE
THAN ONE HUNDRED SIXTY SQUARE FEET OF ASBESTOS OR ASBESTOS MATERIALS,
SHALL NOTIFY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION
II, AIR AND HAZARDOUS MATERIAL DIVISION, IF SO REQUIRED, AND THE COMMIS-
SIONER IN WRITING TEN DAYS PRIOR TO THE COMMENCEMENT OF WORK ON THE
PROJECT OR, IF EMERGENCY CONDITIONS MAKE IT IMPOSSIBLE TO PROVIDE TEN
DAYS PRIOR NOTICE, AS SOON AS PRACTICABLE AFTER IDENTIFICATION 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 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 SCHEDULED 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 SHALL BE ACCOMPANIED BY A HOME-
OWNER PROJECT NOTIFICATION FEE OF NO MORE THAN FIVE HUNDRED DOLLARS.
4. Upon the expiration, revocation or non-renewal of an asbestos
handling license, or at any other time at the request of the commission-
er, any records required to be kept pursuant to this section shall be
given to the commissioner.
[4.] 5. A contractor shall post or otherwise provide for written
notification to residential and business occupants of a building ten
days prior to the commencement of work on any asbestos project in the
building or, if the work is scheduled to begin less than ten days after
the execution of the contract, at least three days prior to the
commencement of work, or if emergency conditions make it impossible to
provide ten days notice or three days notice as applicable, as soon as
practicable after identification of the project. The notification shall
be made in such a manner and shall contain such information as is
reasonably necessary to advise such occupants of any asbestos project in
the building, according to regulations promulgated by the commissioner.
If posted, such notice shall remain in place until completion of the
project. It shall be a violation of this chapter for any person to
interfere with the obligations of a contractor under this subdivision.
S 2. This act shall take effect immediately.