Assembly Bill A4050

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4050
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. COLTON, ENGLEBRIGHT, L. ROSENTHAL, SEAWRIGHT,
   ABINANTI, BARRON, DICKENS, J. RIVERA, SOLAGES -- Multi-Sponsored by --
   M. of A. COOK, DINOWITZ, WALKER --  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 71-2731 to read as follows:
 § 71-2731. 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.
              

                                                            LBD05850-02-1

 A. 4050                             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.
   § 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  and
 completed on or before such effective date.