NY State Senate Bill 2015-S5375

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
May 14, 2015	referred to environmental conservation

2015-S5375 (ACTIVE) - Details

See Assembly Version of this Bill:: A4713
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §71-2730, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1321
2011-2012: A707
2013-2014: A1689
2017-2018: S1934, A3945
2019-2020: A4821
2021-2022: A4050
2023-2024: A2098

2015-S5375 (ACTIVE) - Summary

Prohibits certain solid waste polluters from procuring public contracts for certain periods of time after violations and until all debts to the state are satisfied; prohibits individuals found guilty of solid waste pollution from serving as members of any board of any entity engaged in solid waste removal and disposal.

2015-S5375 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5375

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting any solid waste polluter from procuring solid waste public
contracts

PURPOSE OR GENERAL IDEA OF BILL:

To prevent persons who violate solid waste pollution provisions from
entering into solid waste public contracts.

SUMMARY OF SPECIFIC PROVISIONS:

The ECL is amended by adding a new section 71-2728. Subdivision 1 is a
definition section.

Subdivisions 2 and 3 require that any person found guilty of violating
the solid waste provisions of the ECL is prohibited from procuring any
solid waste public contracts for a certain period of time, depending
on the level of the charged offense.

Subdivision 4 provides that any individual found guilty of violating a
solid waste pollution provision of the ECL is prohibited from serving
as a member of any board or other controlling body of an entity

engaged in solid waste removal and disposal.

Subdivision 5 provides that if an entity reorganizes under bankruptcy
provisions and incorporates as a new entity it will still be barred
from procuring a public contract.

Subdivision 6 provides that any prohibition period imposed by this
section is in addition to any other penalty authorized by the ECL.

JUSTIFICATION:

Under current law, there is no requirement for persons making bids for
public solid waste contracts to have an unblemished environmental
record. In order to ensure work will be done in a non-polluting and
legal manner, those persons found to have violated solid waste
pollution provisions of the ECL should be prohibited from making bids
on public contracts. In cases where multiple violations have occurred,
there should be a permanent ban on awarding such public contracts.
This policy will eliminate environmental violators from the solid
waste removal and disposal industry and give a clear message that
continued violation of pollution laws will not be tolerated or
rewarded.

PRIOR LEGISLATIVE HISTORY:

2013-14: A.1689/EnCon
2011-12: A.707/Encon
2009-10: A.1321/Encon
2007-08: A.3319/Encon
2005-06: A.3201/Encon
2003-04: A.4516-A/Encon


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it has become
law, provided the department of environmental conservation has
promulgated any and all rules and regulations necessary to implement
this act.

2015-S5375 (ACTIVE) - Bill Text download pdf

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

                                  5375

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed 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.
  C.  AFTER  THREE  OR  MORE  VIOLATIONS,  THE VIOLATING PERSON SHALL BE
PERMANENTLY PROHIBITED FROM PROCURING ANY SOLID WASTE PUBLIC CONTRACTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06519-01-5

S. 5375                             2

  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.

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Senate Bill S5375

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2015-S5375 (ACTIVE) - Details

2015-S5375 (ACTIVE) - Summary

2015-S5375 (ACTIVE) - Sponsor Memo

2015-S5375 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5375

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2015-S5375 (ACTIVE) - Details

2015-S5375 (ACTIVE) - Summary

2015-S5375 (ACTIVE) - Sponsor Memo

2015-S5375 (ACTIVE) - Bill Text download pdf

Comments