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History
- Referred to local government
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8138
Title of bill
An act to amend the general municipal law, in relation to subscription garbage, trash or refuse collection and recycling service
Purpose of the bill
To provide protections to an organization providing subscription waste and recycling service when a municipality decides to give one private firm an exclusive franchise or contract; or decides to begin providing solid waste collection service itself, displacing all other firms with solid waste collection arrangements and without compensation.
Summary of provisions
Section 1. Amends the general municipal law by adding a new section 97-a.
Section 2. Effective date.
Justification
When private firms are displaced, significant business losses can occur. These include years of building a competitive business. Easily quantifi- able losses include investment in trucks, equipment, and physical plant. Equipment purchased to honor contracts and franchises become surplus, lowering their market value often below indebted worth. There also are less quantifiable losses such as the value of goodwill with a customer base and the loss of expertise when personnel are laid off. For small waste service firms, these losses may cause bankruptcy. For a large firm, the sizable debt can jeopardize operations in other communities.
Although the Fifth Amendment states, "Nor shall private property be taken for public use without just compensation," how much compensation is just? In U.S. vs. Reynolds [397 U.S. 14 (1970)], just compensation was defined as the full monetary equivalent of the property taken and considered the cost of reproducing the property, its market value and resulting damages to the owner's remaining property.
The likelihood of displacement occurring has increased with the growth of special districts, regional authorities, and county waste management plans. Twelve states have recognized the importance of rectifying the taking of property rights of waste haulers and implemented "just compen- sation" initiatives.
Legislative history
New Bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.