What's happening
This bill prohibits individuals and entities convicted of solid waste pollution violations from securing public contracts for waste services, with escalating bans for repeat offenders.
Why it matters
Creates significant financial and operational consequences for businesses. By banning individuals and companies convicted of solid waste pollution offenses from public contracts, the bill increases the economic cost of violating environmental laws, potentially deterring future misconduct.
Establishes a clear, escalating penalty structure. The bill differentiates between felony and misdemeanor violations, imposing increasingly severe bans for repeat offenders, which could help identify and remove chronic polluters from the public contracting process.
Closes loopholes for corporate restructuring. The legislation ensures that companies cannot avoid penalties by reorganizing or reincorporating under a new name, maintaining accountability even after bankruptcy or structural changes.
Extends restrictions to leadership roles. Anyone convicted under the relevant law is barred from serving on boards or in controlling positions at waste management companies, limiting the influence of proven violators over the industry and potentially raising ethical standards.
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Who cares
Headline styles
Ban Polluters from City Contracts
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to environmental conservation
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6867
2019-2020 Regular Sessions
IN SENATE
November 22, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 71-2730 to read as follows: § 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.
LBD04112-03-9
S. 6867 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 thereafter. Such prohibition period shall be in addition to any other prohibition 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.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the department of environmental 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 e 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 one hundred twentieth day after it shall have become a law. Effective immediately, the department of envi- ronmental 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.