S T A T E O F N E W Y O R K
________________________________________________________________________
1689
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. COLTON, ENGLEBRIGHT, JAFFEE -- Multi-Sponsored 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:
Section 1. The environmental conservation law is amended by adding a
new section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF SOLID WASTE POLLUTION VIOLATIONS; PROHIBITION
OF PROCUREMENT OF SOLID WASTE PUBLIC CONTRACTS.
1. WHEN USED IN THIS SECTION:
A. "SOLID WASTE" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
27-0701 OF THIS CHAPTER.
B. "PROCUREMENT OF A SOLID WASTE PUBLIC CONTRACT" MEANS ANY SUBMISSION
OF BIDS, ENTRANCE INTO CONTRACTUAL RELATIONSHIPS, AND CONDUCTION OF ANY
CONTRACTUAL BUSINESS WITH ANY PUBLIC ENTITY WITHIN THE STATE, THAT DEALS
WITH SOLID WASTE, INCLUDING, BUT NOT LIMITED TO, ANY STATE OR LOCAL
BOARD, AGENCY, COMMISSION, DEPARTMENT OR AUTHORITY.
2. ANY PERSON FOUND GUILTY OF A FELONY VIOLATION PURSUANT TO SECTION
71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM PROCURING ANY SOLID WASTE
PUBLIC CONTRACTS FOR THE FOLLOWING PERIODS:
A. AFTER ONE VIOLATION, THE PROHIBITION PERIOD SHALL BE FIVE YEARS
FOLLOWING THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH VIOLATION.
B. AFTER TWO VIOLATIONS, THE PROHIBITION PERIOD SHALL BE TEN YEARS
FOLLOWING THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH SECOND VIOLATION. SUCH PROHIBITION PERIOD SHALL BE IN ADDITION TO
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.
LBD04056-01-3
A. 1689 2
C. AFTER THREE OR MORE VIOLATIONS, THE VIOLATING PERSON SHALL BE
PERMANENTLY PROHIBITED FROM PROCURING ANY SOLID WASTE PUBLIC CONTRACTS.
3. ANY PERSON FOUND GUILTY OF A MISDEMEANOR PURSUANT TO SECTION
71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM PROCURING ANY SOLID WASTE
PUBLIC CONTRACTS FOR THE FOLLOWING PERIODS:
A. AFTER ONE VIOLATION, THE PROHIBITION PERIOD SHALL BE ONE YEAR
FOLLOWING THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH VIOLATION.
B. AFTER TWO VIOLATIONS, THE PROHIBITION PERIOD SHALL BE TWO YEARS
FOLLOWING THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH SECOND VIOLATION. SUCH PROHIBITION PERIOD SHALL BE IN ADDITION TO
ANY OTHER PROHIBITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
C. AFTER THREE OR MORE VIOLATIONS, THE PROHIBITION PERIOD SHALL BE
FIVE YEARS FOLLOWING THE DATE OF THE JUDGMENT, VERDICT, DECISION OR
ORDER IMPOSING SUCH THIRD VIOLATION AND EACH SUBSEQUENT VIOLATION THERE-
AFTER. SUCH PROHIBITION PERIOD SHALL BE IN ADDITION TO ANY OTHER PROHI-
BITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
4. ANY PERSON WHO HAS BEEN FOUND GUILTY OF A VIOLATION PURSUANT TO
SECTION 71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM SERVING AS A
MEMBER OF ANY BOARD OR OTHER CONTROLLING BODY OF ANY ENTITY ENGAGED IN
THE BUSINESS OF SOLID WASTE REMOVAL AND DISPOSAL.
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL REMAIN APPLICABLE TO ANY VIOLATING ENTITY THAT REORGANIZES AND
INCORPORATES AS A NEW ENTITY PURSUANT TO TITLE 11 OF THE UNITED STATES
CODE.
6. ANY PROHIBITION PERIOD IMPOSED BY THIS SECTION SHALL BE IN ADDITION
TO ANY OTHER PENALTY AUTHORIZED BY THIS CHAPTER OR ANY OTHER LAW.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the department of environ-
mental conservation is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this act
on its effective date, on or before such date.