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Senate Bill S9938

2023-2024 Legislative Session

Relates to requiring certain figures in solid waste removal contracts and invoices

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2023-S9938 (ACTIVE) - Details

See Assembly Version of this Bill:
A10719
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §§27-0111 & 71-2731, En Con L
Versions Introduced in 2025-2026 Legislative Session:
S6316, A5119

2023-S9938 (ACTIVE) - Summary

Relates to requiring certain figures in solid waste removal estimates and final invoices including the total tare weight of the waste removal project; includes graduated penalties for offenses.

2023-S9938 (ACTIVE) - Sponsor Memo

2023-S9938 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9938
 
                             I N  S E N A T E
 
                             October 23, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the environmental conservation law, in relation to solid
   waste removal
 
   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 27-0111 to read as follows:
 § 27-0111. RUBBISH REMOVAL INVOICES.
   1. EACH COMPANY ENGAGED IN SOLID WASTE MANAGEMENT AND DISPOSAL SHALL:
   (A) INFORM CUSTOMERS OF THE COST PER UNIT OF  WEIGHT  OF  SOLID  WASTE
 REMOVAL PRIOR TO THE START OF A WASTE REMOVAL PROJECT; AND
   (B)  PROVIDE  SUCH CUSTOMERS WITH AN INVOICE OF THE FINAL COST OF SUCH
 WASTE REMOVAL PROJECT, WHICH INCLUDES THE  TOTAL  TARE  WEIGHT  OF  SUCH
 WEIGHT  REMOVAL  PROJECT,  IMMEDIATELY  AFTER  THE  COMPLETION  OF  SUCH
 PROJECT.
   2. EACH RECEIPT REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE
 OF THIS SECTION SHALL CONTAIN THE FOLLOWING NOTICE:
 "THIS  INVOICE  IS  SUBJECT  TO  THE  PROVISIONS OF SECTIONS 27-0111 AND
 71-2731 OF THE ENVIRONMENTAL CONSERVATION LAW."
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 71-2731 to read as follows:
 § 71-2731. ENFORCEMENT OF SECTION 27-0111 OF THIS CHAPTER.
   1. ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
 OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO SECTION 27-0111 OF THIS
 CHAPTER SHALL UPON THE FIRST FINDING OF SUCH A VIOLATION BE LIABLE FOR A
 CIVIL  PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS.  ANY PERSON CONVICTED
 OF A SECOND VIOLATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO  EXCEED
 TWO  THOUSAND  FIVE  HUNDRED DOLLARS. ANY PERSON CONVICTED OF A THIRD OR
 SUBSEQUENT VIOLATION SHALL BE  ELIGIBLE  FOR  THE  REVOCATION  OF  THEIR
 LICENSING TO DO BUSINESS IN THE STATE.
   2.  ALL  CIVIL  PENALTIES  AND  FINES  COLLECTED  FOR ANY VIOLATION OF
 SECTION 27-0111 OF THIS CHAPTER SHALL BE PAID OVER TO  THE  COMMISSIONER
 FOR  DEPOSIT IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY SECTION
 NINETY-TWO-S OF THE STATE FINANCE LAW.
   § 3. This act shall take effect immediately.

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