Bill Text: NY A00707 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits certain solid waste polluters from procuring public contracts for certain periods of time after violations and until all debts to the state are satisfied; prohibits individuals found guilty of solid waste pollution from serving as members of any board of any entity engaged in solid waste removal and disposal.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A00707 Detail]

Download: New_York-2011-A00707-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          707
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. COLTON, ENGLEBRIGHT, JAFFEE, SPANO -- Multi-Spon-
         sored  by  --  M.  of  A.    DINOWITZ -- read once and referred to the
         Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting any solid waste polluter from procuring solid waste public
         contracts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 71-2730 to read as follows:
    3  S  71-2730. ENFORCEMENT OF SOLID WASTE POLLUTION VIOLATIONS; PROHIBITION
    4               OF PROCUREMENT OF SOLID WASTE PUBLIC CONTRACTS.
    5    1. WHEN USED IN THIS SECTION:
    6    A. "SOLID WASTE" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  SECTION
    7  27-0701 OF THIS CHAPTER.
    8    B. "PROCUREMENT OF A SOLID WASTE PUBLIC CONTRACT" MEANS ANY SUBMISSION
    9  OF  BIDS, ENTRANCE INTO CONTRACTUAL RELATIONSHIPS, AND CONDUCTION OF ANY
   10  CONTRACTUAL BUSINESS WITH ANY PUBLIC ENTITY WITHIN THE STATE, THAT DEALS
   11  WITH SOLID WASTE, INCLUDING, BUT NOT LIMITED  TO,  ANY  STATE  OR  LOCAL
   12  BOARD, AGENCY, COMMISSION, DEPARTMENT OR AUTHORITY.
   13    2.  ANY  PERSON FOUND GUILTY OF A FELONY VIOLATION PURSUANT TO SECTION
   14  71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM PROCURING ANY SOLID WASTE
   15  PUBLIC CONTRACTS FOR THE FOLLOWING PERIODS:
   16    A. AFTER ONE VIOLATION, THE PROHIBITION PERIOD  SHALL  BE  FIVE  YEARS
   17  FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
   18  SUCH VIOLATION.
   19    B. AFTER TWO VIOLATIONS, THE PROHIBITION PERIOD  SHALL  BE  TEN  YEARS
   20  FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
   21  SUCH SECOND VIOLATION. SUCH PROHIBITION PERIOD SHALL BE IN  ADDITION  TO
   22  ANY OTHER PROHIBITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04859-01-1
       A. 707                              2
    1    C.  AFTER  THREE  OR  MORE  VIOLATIONS,  THE VIOLATING PERSON SHALL BE
    2  PERMANENTLY PROHIBITED FROM PROCURING ANY SOLID WASTE PUBLIC CONTRACTS.
    3    3.  ANY  PERSON  FOUND  GUILTY  OF  A  MISDEMEANOR PURSUANT TO SECTION
    4  71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM PROCURING ANY SOLID WASTE
    5  PUBLIC CONTRACTS FOR THE FOLLOWING PERIODS:
    6    A. AFTER ONE VIOLATION, THE  PROHIBITION  PERIOD  SHALL  BE  ONE  YEAR
    7  FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
    8  SUCH VIOLATION.
    9    B. AFTER TWO VIOLATIONS, THE PROHIBITION PERIOD  SHALL  BE  TWO  YEARS
   10  FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
   11  SUCH SECOND VIOLATION. SUCH PROHIBITION PERIOD SHALL BE IN  ADDITION  TO
   12  ANY OTHER PROHIBITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
   13    C.  AFTER  THREE  OR  MORE VIOLATIONS, THE PROHIBITION PERIOD SHALL BE
   14  FIVE YEARS FOLLOWING THE DATE OF  THE  JUDGMENT,  VERDICT,  DECISION  OR
   15  ORDER IMPOSING SUCH THIRD VIOLATION AND EACH SUBSEQUENT VIOLATION THERE-
   16  AFTER.  SUCH PROHIBITION PERIOD SHALL BE IN ADDITION TO ANY OTHER PROHI-
   17  BITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
   18    4.  ANY  PERSON  WHO  HAS BEEN FOUND GUILTY OF A VIOLATION PURSUANT TO
   19  SECTION 71-2703 OF THIS TITLE SHALL BE  PROHIBITED  FROM  SERVING  AS  A
   20  MEMBER  OF  ANY BOARD OR OTHER CONTROLLING BODY OF ANY ENTITY ENGAGED IN
   21  THE BUSINESS OF SOLID WASTE REMOVAL AND DISPOSAL.
   22    5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
   23  SHALL  REMAIN  APPLICABLE  TO  ANY VIOLATING ENTITY THAT REORGANIZES AND
   24  INCORPORATES AS A NEW ENTITY PURSUANT TO TITLE 11 OF THE  UNITED  STATES
   25  CODE.
   26    6. ANY PROHIBITION PERIOD IMPOSED BY THIS SECTION SHALL BE IN ADDITION
   27  TO ANY OTHER PENALTY AUTHORIZED BY THIS CHAPTER OR ANY OTHER LAW.
   28    S 2. This act shall take effect on the one hundred twentieth day after
   29  it  shall  have  become  a law; provided that the department of environ-
   30  mental conservation is authorized to promulgate any and  all  rules  and
   31  regulations  and take any other measures necessary to implement this act
   32  on its effective date, on or before such date.