Bill Text: NY A05491 | 2021-2022 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A05491 Detail]

Download: New_York-2021-A05491-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5491

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced by M. of A. COLTON -- 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 71-2731 to read as follows:
     3  § 71-2731. 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.
    23    c. After three or more  violations,  the  violating  person  shall  be
    24  permanently prohibited from procuring any solid waste public contracts.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05850-01-1
        A. 5491                             2

     1    3.  Any  person  found  guilty  of  a  misdemeanor pursuant to section
     2  71-2703 of this title shall be prohibited from procuring any solid waste
     3  public contracts for the following periods:
     4    a.  After  one  violation,  the  prohibition  period shall be one year
     5  following the date of the judgment, verdict, decision or order  imposing
     6  such violation.
     7    b.  After  two  violations,  the prohibition period shall be two years
     8  following the date of the judgment, verdict, decision or order  imposing
     9  such  second  violation. Such prohibition period shall be in addition to
    10  any other prohibition period already imposed pursuant to this section.
    11    c. After three or more violations, the  prohibition  period  shall  be
    12  five  years  following  the  date  of the judgment, verdict, decision or
    13  order imposing such third violation and each subsequent violation there-
    14  after.  Such prohibition period shall be in addition to any other prohi-
    15  bition period already imposed pursuant to this section.
    16    4. Any person who has been found guilty of  a  violation  pursuant  to
    17  section  71-2703  of  this  title  shall be prohibited from serving as a
    18  member of any board or other controlling body of any entity  engaged  in
    19  the business of solid waste removal and disposal.
    20    5.  Notwithstanding any provision of law to the contrary, this section
    21  shall remain applicable to any violating  entity  that  reorganizes  and
    22  incorporates  as  a new entity pursuant to title 11 of the United States
    23  Code.
    24    6. Any prohibition period imposed by this section shall be in addition
    25  to any other penalty authorized by this chapter or any other law.
    26    § 2. This act shall take effect on the one hundred twentieth day after
    27  it shall have become a law. Effective  immediately,  the  department  of
    28  environmental conservation is authorized to promulgate any and all rules
    29  and  regulations and take any other measures necessary to implement this
    30  act on its effective date, on or before such date.