S T A T E O F N E W Y O R K
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7848
2011-2012 Regular Sessions
I N A S S E M B L Y
May 19, 2011
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to subscription
garbage, trash or refuse collection and recycling service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 97-a to read as follows:
S 97-A. DISPLACEMENT OF SUBSCRIPTION OF TRASH COLLECTION SERVICES. 1.
NO MUNICIPALITY SHALL DISPLACE A PRIVATE COMPANY PROVIDING SUBSCRIPTION
GARBAGE, TRASH OR REFUSE COLLECTION AND RECYCLING SERVICE WITHIN SUCH
MUNICIPALITY WITHOUT FIRST:
(A) HOLDING AT LEAST ONE PUBLIC HEARING SEEKING COMMENT ON THE ADVIS-
ABILITY OF THE MUNICIPALITY PROVIDING SUCH SERVICE;
(B) PROVIDING AT LEAST FORTY-FIVE DAYS WRITTEN NOTICE OF THE HEARING,
DELIVERED BY FIRST CLASS MAIL TO ALL PRIVATE COMPANIES THAT PROVIDE SUCH
SUBSCRIPTION SERVICE IN THE MUNICIPALITY AND THAT THE MUNICIPALITY IS
ABLE TO IDENTIFY THROUGH LOCAL GOVERNMENT RECORDS; AND
(C) PROVIDING PUBLIC NOTICE OF THE HEARING.
2. AFTER MAKING THE FINDINGS REQUIRED BY THIS SECTION, AND NOT LONGER
THAN ONE YEAR AFTER THE FINAL PUBLIC HEARING, THE MUNICIPALITY MAY
PROCEED TO TAKE MEASURES NECESSARY TO PROVIDE SUCH SERVICE.
3. (A) A MUNICIPALITY SHALL PROVIDE THREE YEARS NOTICE TO A PRIVATE
COMPANY BEFORE IT ENGAGES IN THE ACTUAL PROVISION OF THE SERVICE THAT
DISPLACES THE COMPANY.
(B) AS AN ALTERNATIVE TO DELAYING DISPLACEMENT THREE YEARS, A MUNICI-
PALITY MAY PAY A DISPLACED COMPANY AN AMOUNT EQUAL TO THE COMPANY'S
PRECEDING TWELVE MONTHS GROSS RECEIPTS FOR THE DISPLACED SUBSCRIPTION
SERVICE IN THE DISPLACEMENT AREA. SUCH THREE YEAR PERIOD SHALL LAPSE AS
TO ANY PRIVATE COMPANY BEING DISPLACED WHEN SUCH COMPANY CEASES TO
PROVIDE SERVICE WITHIN THE DISPLACEMENT AREA.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10493-02-1
A. 7848 2
4. (A) FOR PURPOSES OF THIS SECTION, "DISPLACE" OR "DISPLACEMENT"
MEANS A MUNICIPALITY'S ASSIGNMENT OF PROVISION OF A SERVICE WHICH
PROHIBITS A PRIVATE COMPANY FROM PROVIDING THE SAME SERVICE AND WHICH
THE COMPANY IS PROVIDING AT THE TIME THE DECISION TO DISPLACE IS MADE.
(B) DISPLACE OR DISPLACEMENT SHALL NOT MEAN:
(I) COMPETITION BETWEEN THE PUBLIC SECTOR AND PRIVATE COMPANIES FOR
INDIVIDUAL CONTRACTS; OR
(II) SITUATIONS WHERE A MUNICIPALITY, AT THE END OF A CONTRACT WITH A
PRIVATE COMPANY, DOES NOT RENEW THE CONTRACT AND EITHER AWARDS THE
CONTRACT TO ANOTHER PRIVATE COMPANY OR FOLLOWING A COMPETITIVE PROCESS.
S 2. This act shall take effect immediately.