Senate Bill S4312A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4312--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general municipal law, in relation  to  displacement
  subscription solid waste collection services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
waste transporting industry is a vital industry for the  people  of  the
state.  The  policy  of  this  state should prefer longer contracts over
shorter contracts and contracts that protect the health and  welfare  of
the public. Such contracts also need to be somewhat uniform in nature to
protect public health and safety. The process of selecting or discontin-
uing contracts should also be an open process involving public input.
  S 2. The general municipal law is amended by adding a new section 97-a
to read as follows:
  S  97-A. DISPLACEMENT OF SUBSCRIPTION SOLID WASTE COLLECTION SERVICES.
1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A) "CONTRACT"  MEANS  AN  AGREEMENT  BETWEEN  A  MUNICIPALITY  AND  A
SUBSCRIPTION  SOLID WASTE COLLECTION SERVICE WHICH CREATES AN OBLIGATION
ON THE PART OF THE SUBSCRIPTION SOLID WASTE COLLECTION SERVICE TO TRANS-
PORT SOLID WASTE WITHIN SUCH MUNICIPALITY OR WITHIN ANY PORTION OF  SUCH
MUNICIPALITY TO A SOLID WASTE DISPOSAL FACILITY.
  (B) (I) "DISPLACE" OR "DISPLACEMENT" MEANS A MUNICIPALITY'S ASSIGNMENT
OF  PROVISION  OF  A  SERVICE WHICH PROHIBITS A SUBSCRIPTION SOLID WASTE
COLLECTION SERVICE FROM  PROVIDING  THE  SAME  SERVICE  AND  WHICH  SUCH
SUBSCRIPTION SOLID WASTE COLLECTION SERVICE IS PROVIDING AT THE TIME THE
DECISION TO DISPLACE IS MADE.
  (II) DISPLACE OR DISPLACEMENT SHALL NOT MEAN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10493-05-1

              

S. 4312--A                          2

  (A) COMPETITION BETWEEN THE PUBLIC SECTOR AND SUBSCRIPTION SOLID WASTE
COLLECTION SERVICES FOR INDIVIDUAL CONTRACTS; OR
  (B)  SITUATIONS  WHERE A MUNICIPALITY, AT THE END OF A CONTRACT WITH A
SUBSCRIPTION SOLID WASTE COLLECTION SERVICE, DOES NOT RENEW THE CONTRACT
AND EITHER AWARDS THE  CONTRACT  TO  ANOTHER  SUBSCRIPTION  SOLID  WASTE
COLLECTION SERVICE OR FOLLOWING A COMPETITIVE PROCESS.
  (C) "MUNICIPALITY" MEANS A MUNICIPAL CORPORATION AS DEFINED IN SECTION
TWO OF THIS CHAPTER.
  (D)  "SOLID  WASTE"  MEANS  ALL  PUTRESCIBLE AND NON-PUTRESCIBLE SOLID
WASTES, INCLUDING BUT NOT LIMITED TO GARBAGE,  REFUSE,  RUBBISH,  ASHES,
STREET  CLEANINGS,  DEAD  ANIMALS,  DEMOLITION  AND CONSTRUCTION DEBRIS,
AUTOMOBILE BODIES, OFFAL,  AND  OTHER  DISCARDED  AND  SOLID  MATERIALS;
INCLUDING,  BUT  NOT  LIMITED TO, THAT RESULTING FROM COMMERCIAL, INDUS-
TRIAL, CONSTRUCTION, DEMOLITION,  AGRICULTURAL,  GOVERNMENTAL,  RESIDEN-
TIAL, OR COMMUNITY PROCESSES OR ACTIVITIES.
  (E)  "SOLID  WASTE DISPOSAL FACILITY" MEANS A FACILITY OR SITE FOR THE
PURPOSE OF TREATING, COMPACTING, RECYCLING OR DISPOSING OF  SOLID  WASTE
MATERIALS;   INCLUDING   TREATMENT,  COMPACTING,  RESOURCE  RECOVERY  OR
DISPOSAL PLANTS; EQUIPMENT AND FURNISHINGS THEREOF USED FOR THE STORAGE,
TREATMENT, COMPACTING, COMPOSTING, SHREDDING,  CONVERTING,  UTILIZATION,
PROCESSING  OR  FINAL DISPOSAL OF SOLID WASTE; RESOURCE RECOVERY FACILI-
TIES; MECHANICAL, CHEMICAL OR THERMAL PROCESSING  SYSTEMS;  INCINERATORS
SANITARY  LANDFILLS;  OTHER  FACILITIES  FOR  THE  STORAGE, REDUCTION OR
CONVERSION OF SOLID WASTE, USED SINGLY OR IN COMBINATION; APPURTENANCES,
FURNISHINGS, EQUIPMENT AND MACHINERY DEEMED NECESSARY  THERETO,  WHETHER
SUCH  FACILITY  OR  SITE  SERVES  ONE OR MORE PURPOSE IN ADDITION TO THE
PRIMARY PURPOSE OF DISPOSING OF SOLID WASTE MATERIALS; AND A FACILITY OR
SITE FOR THE COLLECTION AND CONVEYANCE OF SOLID WASTES, INCLUDING TRANS-
FER STATIONS, BALING FACILITIES, RAILROAD AND MARITIME FACILITIES, MOTOR
TRUCKS OR VEHICLES AND APPURTENANCES, FURNISHINGS, EQUIPMENT AND MACHIN-
ERY DEEMED NECESSARY THERETO, BUT NOT INCLUDING SERVICES  NECESSARY  FOR
THE COLLECTION OF SOLID WASTES.
  (F)  "SUBSCRIPTION  SOLID  WASTE  COLLECTION SERVICE" MEANS ANY ENTITY
INVOLVED IN TRANSPORTING SOLID WASTE FROM A LOCATION TO  A  SOLID  WASTE
DISPOSAL FACILITY BY CONTRACT WITH A MUNICIPALITY.
  2.    NO  MUNICIPALITY  SHALL  DISPLACE  A  SUBSCRIPTION  SOLID  WASTE
COLLECTION SERVICE WHICH  HAS  BEEN  PROVIDING  SOLID  WASTE  COLLECTION
SERVICES WITHIN SUCH MUNICIPALITY FOR MORE THAN EIGHTEEN MONTHS, WHETHER
PURSUANT  TO  AN  EXISTING  CONTRACT OR IN CONJUNCTION WITH THE EXISTING
CONTRACT AND PRIOR CONTRACTS, WITHOUT FIRST:
  (A) HOLDING AT LEAST ONE PUBLIC HEARING SEEKING COMMENT ON THE  ADVIS-
ABILITY  OF  THE  MUNICIPALITY PROVIDING SUCH SERVICE.  THE MUNICIPALITY
SHALL CONSIDER AT SUCH PUBLIC HEARING THE TERMS OF THE CONTRACT WITH THE
SUBSCRIPTION SOLID WASTE COLLECTION SERVICE WHICH PROVIDE FOR THE TERMI-
NATION OF SUCH CONTRACT, THE LENGTH OF THE TERM OF SUCH CONTRACT AND THE
TOTAL PERIOD SUCH CONTRACT AND PRIOR  CONTRACTS  WITH  THE  SUBSCRIPTION
SOLID  WASTE  COLLECTION  SERVICE  HAVE  BEEN IN EFFECT, THE EFFECT SUCH
DISPLACEMENT WOULD HAVE ON THE HEALTH AND SAFETY  OF  THE  MUNICIPALITY,
AND ALTERNATIVES TO THE DISPLACEMENT OF SUCH CONTRACT;
  (B)  PROVIDING AT LEAST FORTY-FIVE DAYS WRITTEN NOTICE OF THE HEARING,
DELIVERED BY FIRST CLASS MAIL TO ALL SUBSCRIPTION SOLID WASTE COLLECTION
SERVICES THAT PROVIDE SOLID WASTE COLLECTION  SERVICES  IN  THE  MUNICI-
PALITY  AND  THAT  THE  MUNICIPALITY  IS  ABLE TO IDENTIFY THROUGH LOCAL
GOVERNMENT RECORDS; AND
  (C) PROVIDING PUBLIC NOTICE OF THE HEARING.

S. 4312--A                          3

  3. 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.   ALL  FIND-
INGS  MADE AND PROCEEDINGS HAD PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO  REVIEW  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
  4.  (A)  A  MUNICIPALITY  SHALL  PROVIDE  SIX  MONTHS  NOTICE   TO   A
SUBSCRIPTION  SOLID  WASTE  COLLECTION  SERVICE BEFORE IT ENGAGES IN THE
ACTUAL PROVISION OF THE SERVICE THAT DISPLACES  THE  SUBSCRIPTION  SOLID
WASTE COLLECTION SERVICE.
  (B)  AS  AN ALTERNATIVE TO DELAYING DISPLACEMENT SIX MONTHS, A MUNICI-
PALITY MAY PAY A DISPLACED SUBSCRIPTION SOLID WASTE  COLLECTION  SERVICE
AN  AMOUNT  EQUAL  TO SUCH SUBSCRIPTION SOLID WASTE COLLECTION SERVICE'S
PRECEDING TWELVE MONTHS GROSS RECEIPTS FOR  THE  DISPLACED  SUBSCRIPTION
SERVICE  IN  THE DISPLACEMENT AREA. SUCH SIX MONTH PERIOD SHALL LAPSE AS
TO ANY SUBSCRIPTION SOLID WASTE COLLECTION SERVICE BEING DISPLACED  WHEN
SUCH ENTITY CEASES TO PROVIDE SERVICE WITHIN THE DISPLACEMENT AREA.
  5.  ANY  MUNICIPALITY  WHICH  VIOLATES THE PROVISIONS OF THIS SECTION,
SHALL BE CIVILLY  LIABLE  TO  THE  DISPLACED  SUBSCRIPTION  SOLID  WASTE
COLLECTION  SERVICE  IN  AN AMOUNT EQUAL TO THREE TIMES SUCH SOLID WASTE
COLLECTION SERVICE'S PRECEDING TWELVE  MONTHS  GROSS  RECEIPTS  FOR  THE
DISPLACED SUBSCRIPTION SERVICE IN THE DISPLACEMENT AREA.
  S 3. This act shall take effect immediately.