S T A T E O F N E W Y O R K
________________________________________________________________________
3129
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. PRETLOW, COLTON -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
guidelines for disqualifying stand-by contractors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 3-0309 of the environmental
conservation law is amended by adding a new paragraph a-1 to read as
follows:
A-1. GUIDELINES FOR DISQUALIFYING CONTRACTORS WHICH SHALL BE BASED
UPON SECTION ONE HUNDRED THIRTY-NINE-B OF THE STATE FINANCE LAW AND SUCH
OTHER FACTORS DEEMED APPROPRIATE INCLUDING, BUT NOT LIMITED TO, PAST
PERFORMANCE ON STATE CONTRACTS, REASONABLENESS OF PRICE CHARGED FOR PAST
PERFORMANCE OF STATE CONTRACTS, ANY NEGLIGENCE OR MALFEASANCE COMMITTED
DURING THE PAST PERFORMANCE OF STATE CONTRACTS, AND ANY CONVICTION OF A
CRIME WHICH REFLECTS UPON THE HONESTY, INTEGRITY OR CAPABILITY OF A
CONTRACTOR; PROVIDED, HOWEVER THAT A CRIMINAL CONVICTION SHALL BE
CONSIDERED IN A MANNER CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04652-01-9