Establishes certain waivers from the project notification fee imposed for certain asbestos removal projects

1 Co-sponsor

• Patrick M. Gallivan

BILL NUMBER:S2593

Title of bill

An act to amend the labor law, in relation to the project notification fee imposed for asbestos removal

Purpose

Labor law section 904 subdivision 2 establishes a significant fee when asbestos abatement is performed. These costs are a significant unfunded mandate that burdens local governments in remedying unsafe buildings.

Summary of provisions

Section 1 of the bill amends § 904 of the Labor Law, waiving the asbestos project notification fee for local governments that are abating or demolishing structures that are a public nuisance or unsafe, at a cost that exceeds the resulting value of the property.

In addition, section 1 of the bill amends § 904 of the Labor Law, waiving the asbestos project notification fee for projects being undertaken by a Land Bank or pursuant to an Urban Renewal or Municipal Redevelopment Plan.

Section 2 sets the effective date.

Justification

Labor Law § 904 imposes a significant unfunded mandate on local governments that are abating unsafe buildings or properties that are a public nuisance. In addition, this unfunded mandate presents a significant impediment to local government efforts at remediating blight and redevelopment their communities. Consequently, the waiver of the project notification fee will help foster the revitalization of New York's older cities and villages. It will also help local governments protect that public's health, safety, and welfare.

Although this measure was vetoed in 2014, the justification for the veto was not based on the merits of the legislation but the preference to be discussed within the State budget negotiation process, which will be considered.

Legislative history

S.902 (2014 - Vetoed by the Governor); S.7234 (2012)

Effective date

This act shall take effect immediately.