NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7468
SPONSOR: Benedetto TITLE OF BILL: An act to amend the private housing finance law, in
relation to exempting limited-profit housing companies from being
required to test for friable asbestos under certain circumstances
PURPOSE OR GENERAL IDEA OF BILL:
to amend the private housing finance law, in relation to exempting
limited-profit housing companies from being required to test for friable
asbestos under certain circumstances.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The private housing finance law is amended by adding a new
section. 32-c to read as follows:
S 32-c. Testing for friable asbestos. 1. Notwithstanding any other
provisions of law, rule or regulation to the contrary, a company incor-
porated under this article that undertakes to renovate or replace the
flooring within its real property, (a) which real property was. built
between the years of 1955 and 1970 with tax, mortgage or other assist-
ance from the state or municipal government and contains more than
fifteen thousand units of housing; and (b) which company has performed
at least twenty-five thousand tests relating to the flooring renovation
or replacement activities for the presence of friable asbestos from such
activities, and which tests have, in the sole judgment of such company,
demonstrated conclusively that no friable asbestos has been or is
expected to be released into the environment as a result of such activ-
ities, shall be exempt from further testing, or remediation activities,
for friable asbestos filing of plans or reports to state or local regu-
latory agencies relating to the testing or remediation activities for
friable asbestos with respect to such renovation or replacement work and
may conduct or undertake such work as the company deems appropriate or
required.
2. Nothing in this section shall be deemed to relieve a company or any
other entity or person of responsibility in tort law for the presence of
any friable asbestos or of the consequences thereof.
S 2. This act shall take effect immediately
JUSTIFICATION:
Co-op City is a state development built under the Mitchell-Lama Housing
program that successfully created thousands of units of housing specif-
ically for low to middle income residents. Several years ago asbestos
was found to be present, but not friable in the adhesive sealant used to
affix tiles in the complex. Co-op City was ordered to replace all tiles
in the 15,000 plus apartments and to conduct air quality tests for the
presence of friable asbestos. To date Co-op City has performed over
75,000 such tests and no friable asbestos has been found in any of the
tested samples.Since all tests have shown that there is no friable
asbestos, this bill would relieve the housing complex and its residents
of spending some $4 million annually on this unnecessary program.
Furthermore, Co-op City is the victim of selective enforcement as no
other development, similarly constructed, has been ordered to perform
these tests. The bill would in no way relieve the complex from any suit
brought against it for the presence of any friable asbestos or of the
consequence thereof.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
none
EFFECTIVE DATE:
This act shall take effect immediately.
