S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3988
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. BARCLAY, MANKTELOW, MORINELLO, SIMPSON, LEMONDES,
   DeSTEFANO,  J. M. GIGLIO,  BRABENEC  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the state finance law and the environmental conservation
   law, in relation to  establishing  the  municipal  asbestos  abatement
   grant program; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. Many  of  our  local  communities  have
 buildings  that  are vacant and left abandoned by their original owners.
 Those buildings containing asbestos are especially difficult and  costly
 to  clean  up.  For  decades  asbestos  was  commonly  used  in building
 construction as a fire proofing material, as  well  as  an  additive  to
 concrete,  asphalt,  pipes,  siding  and  floor  tiles. Asbestos becomes
 hazardous when damaged and its fibers are known to cause  certain  types
 of  cancer.  These  asbestos filled buildings pose significant financial
 challenges to our local governments that cannot afford to  renovate  and
 reuse them.
   The  Legislature seeks to support local government efforts to revital-
 ize economies by helping return these abandoned and vacant buildings  to
 productive use.  Therefore, the Legislature hereby creates The Municipal
 Asbestos  Abatement Grant Program with the intention of providing finan-
 cial assistance to municipalities  for  the  demolition,  renovation  or
 restoration  of  abandoned  or  vacant  asbestos laden buildings for the
 purpose of returning them to productive use.
   § 2. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
 finance law, as amended by section 3 of part U of chapter 58 of the laws
 of 2016, is amended to read as follows:
   (b)  Moneys  from the solid waste account shall be available, pursuant
 to appropriation and upon certificate of approval of availability by the
 director of the budget, for any non-hazardous municipal landfill closure

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05946-01-3
              

 A. 3988                             2
 
 project; municipal waste reduction or recycling project, as  defined  in
 article  fifty-four  of  the  environmental  conservation  law;  for the
 purposes of section  two  hundred  sixty-one  and  section  two  hundred
 sixty-four of the economic development law; any project for the develop-
 ment,  updating or revision of local solid waste management plans pursu-
 ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
 law;  environmental  justice projects and grants [and], for the develop-
 ment of the pesticide sales and use data base pursuant to  title  twelve
 of  article  thirty-three  of the environmental conservation law; AND TO
 ESTABLISH THE MUNICIPAL ASBESTOS ABATEMENT GRANT PROGRAM.
   § 3. Article 54 of the environmental conservation law  is  amended  by
 adding a new title 17 to read as follows:
 
                                 TITLE 17
                MUNICIPAL ASBESTOS ABATEMENT GRANT PROGRAM
 SECTION 54-1701. MUNICIPAL ASBESTOS ABATEMENT GRANT PROGRAM.
         54-1703. MUNICIPAL ASBESTOS ABATEMENT GRANT PROGRAM DATABASE.
 § 54-1701. MUNICIPAL ASBESTOS ABATEMENT GRANT PROGRAM.
   THE  DEPARTMENT,  IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND THE
 DEPARTMENT OF LABOR, SHALL ESTABLISH THE  MUNICIPAL  ASBESTOS  ABATEMENT
 GRANT  PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MUNICIPALITIES FOR THE
 ABATEMENT OF ASBESTOS IN VACANT AND/OR ABANDONED COMMERCIAL  PROPERTIES.
 SUCH PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO: DEFINITIONS OF ELIGI-
 BLE  PROJECTS; MATCHING GRANTS FOR APPROVED ASBESTOS ABATEMENT PROJECTS;
 ELIGIBLE MUNICIPALITIES; THE PERCENTAGE THAT WILL BE THE  STATE'S  SHARE
 AS  WELL AS THE MUNICIPALITY'S SHARE; MAXIMUM PER-BUILDING AWARDS; MAXI-
 MUM TOTAL PROJECT AWARDS; AS WELL AS ANY OTHER STANDARDS, GUIDELINES  OR
 RULES AS MAY BE NECESSARY.
 § 54-1703. MUNICIPAL ASBESTOS ABATEMENT GRANT PROGRAM DATABASE.
   THE  DEPARTMENT  IN COORDINATION WITH RELEVANT STATE AGENCIES, MUNICI-
 PALITIES AND THE FEDERAL GOVERNMENT, SHALL ESTABLISH A DATABASE  LISTING
 EVERY ABANDONED COMMERCIAL BUILDING IN NEED OF ASBESTOS ABATEMENT WITHIN
 THE  STATE,  INCLUDING,  BUT NOT LIMITED TO, THE ADDRESS, SQUARE FOOTAGE
 AND APPROXIMATE AGE. THE INITIAL DATABASE LIST IS  TO  BE  SENT  TO  THE
 GOVERNOR,  TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEM-
 BLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF  THE
 ASSEMBLY BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND SHALL BE
 UPDATED ANNUALLY.
   §  4.  The  sum  of  fifteen million dollars ($15,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the department of
 environmental conservation out of any moneys in the  state  treasury  in
 the general fund to the credit of the solid waste account, not otherwise
 appropriated,  and made immediately available, for the purpose of carry-
 ing out the provisions of this act. Such moneys shall be payable on  the
 audit  and  warrant of the comptroller on vouchers certified or approved
 by  the  commissioner  of  environmental  conservation  in  the   manner
 prescribed by law.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.