Senate Bill S5841

2023-2024 Legislative Session

Prohibits solid waste polluters from procuring solid waste public contracts

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Sponsored By

Current Bill Status - In Senate Committee Procurement And Contracts 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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2023-S5841 (ACTIVE) - Details

See Assembly Version of this Bill:
A2098
Current Committee:
Senate Procurement And Contracts
Law Section:
Environmental Conservation Law
Laws Affected:
Add §71-2731, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1321
2011-2012: A707
2013-2014: A1689
2015-2016: A4713
2017-2018: A3945
2019-2020: S6867, A4821
2021-2022: S2054, A4050

2023-S5841 (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.

2023-S5841 (ACTIVE) - Sponsor Memo

2023-S5841 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5841
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 71-2731 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.
   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.
                                                            LBD02851-01-3

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