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History
- Referred to environmental conservation
- Referred to environmental conservation
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Prohibits solid waste polluters from procuring solid waste public contracts
In Assembly Committee · Environmental Conservation · Sponsor William Colton
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.