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

                                  7848

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the general municipal law, in relation  to  subscription
  garbage, trash or refuse collection and recycling service

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 97-a to read as follows:
  S  97-A. DISPLACEMENT OF SUBSCRIPTION OF TRASH COLLECTION SERVICES. 1.
NO MUNICIPALITY SHALL DISPLACE A PRIVATE COMPANY PROVIDING  SUBSCRIPTION
GARBAGE,  TRASH  OR  REFUSE COLLECTION AND RECYCLING SERVICE WITHIN SUCH
MUNICIPALITY WITHOUT FIRST:
  (A) HOLDING AT LEAST ONE PUBLIC HEARING SEEKING COMMENT ON THE  ADVIS-
ABILITY OF THE MUNICIPALITY PROVIDING SUCH SERVICE;
  (B)  PROVIDING AT LEAST FORTY-FIVE DAYS WRITTEN NOTICE OF THE HEARING,
DELIVERED BY FIRST CLASS MAIL TO ALL PRIVATE COMPANIES THAT PROVIDE SUCH
SUBSCRIPTION SERVICE IN THE MUNICIPALITY AND THAT  THE  MUNICIPALITY  IS
ABLE TO IDENTIFY THROUGH LOCAL GOVERNMENT RECORDS; AND
  (C) PROVIDING PUBLIC NOTICE OF THE HEARING.
  2.  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.
  3.  (A)  A  MUNICIPALITY SHALL PROVIDE THREE YEARS NOTICE TO A PRIVATE
COMPANY BEFORE IT ENGAGES IN THE ACTUAL PROVISION OF  THE  SERVICE  THAT
DISPLACES THE COMPANY.
  (B)  AS AN ALTERNATIVE TO DELAYING DISPLACEMENT THREE YEARS, A MUNICI-
PALITY MAY PAY A DISPLACED COMPANY AN  AMOUNT  EQUAL  TO  THE  COMPANY'S
PRECEDING  TWELVE  MONTHS  GROSS RECEIPTS FOR THE DISPLACED SUBSCRIPTION
SERVICE IN THE DISPLACEMENT AREA. SUCH THREE YEAR PERIOD SHALL LAPSE  AS
TO  ANY  PRIVATE  COMPANY  BEING  DISPLACED  WHEN SUCH COMPANY CEASES TO
PROVIDE SERVICE WITHIN THE DISPLACEMENT AREA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10493-02-1
              

A. 7848                             2

  4. (A) FOR PURPOSES OF  THIS  SECTION,  "DISPLACE"  OR  "DISPLACEMENT"
MEANS  A  MUNICIPALITY'S  ASSIGNMENT  OF  PROVISION  OF  A SERVICE WHICH
PROHIBITS A PRIVATE COMPANY FROM PROVIDING THE SAME  SERVICE  AND  WHICH
THE COMPANY IS PROVIDING AT THE TIME THE DECISION TO DISPLACE IS MADE.
  (B) DISPLACE OR DISPLACEMENT SHALL NOT MEAN:
  (I)  COMPETITION  BETWEEN  THE PUBLIC SECTOR AND PRIVATE COMPANIES FOR
INDIVIDUAL CONTRACTS; OR
  (II) SITUATIONS WHERE A MUNICIPALITY, AT THE END OF A CONTRACT WITH  A
PRIVATE  COMPANY,  DOES  NOT  RENEW  THE  CONTRACT AND EITHER AWARDS THE
CONTRACT TO ANOTHER PRIVATE COMPANY OR FOLLOWING A COMPETITIVE PROCESS.
  S 2. This act shall take effect immediately.