Bill Text: NY A04821 | 2019-2020 | General Assembly | Introduced


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: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A04821 Detail]

Download: New_York-2019-A04821-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4821
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced by M. of A. COLTON, ENGLEBRIGHT, BLAKE, JAFFEE, L. ROSENTHAL,
          D'URSO,  ORTIZ,  SEAWRIGHT,  ABINANTI,  BARRON, DICKENS, RIVERA, RAIA,
          SOLAGES -- Multi-Sponsored by -- M. of A. COOK,  DINOWITZ,  WALKER  --
          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  § 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.
                                                                   LBD04112-01-9

        A. 4821                             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    § 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.
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