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A10719 Summary:

BILL NOA10719
 
SAME ASNo Same As
 
SPONSORRules (Anderson)
 
COSPNSR
 
MLTSPNSR
 
Add §§27-0111 & 71-2731, En Con L
 
Relates to requiring certain figures in solid waste removal estimates and final invoices including the total tare weight of the waste removal project; includes graduated penalties for offenses.
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A10719 Actions:

BILL NOA10719
 
09/18/2024referred to environmental conservation
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A10719 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10719
 
SPONSOR: Rules (Anderson)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to solid waste removal   PURPOSE: This legislation would amend the environmental conservation law by requiring companies to inform potential customers of the final cost for solid waste removal projects upfront and allow for companies to receive penalties.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends the environmental conservation law by adding section 27-0111, which contain the following provisions summarized: § 27-011I. Each company engaged in solid waste management and disposal shall inform customers of the cost per unit of weight of solid waste removal prior to the start of a waste removal and provide them with a final invoice before the waste project ends Section 2: Amends the environmental conservation law by adding section 71-2731, which contain the following provisions summarized: § 71-2731. Defines the degree of penalties that may occur for those who knowingly or intentionally violates any provision or fails to perform any duty imposed pursuant to section 27-0111 of the environmental conservation law. Section 3: This act shall take effect immediately   JUSTIFICATION: The amendments provided above are vital to creating transparent trans- actions relating to trash, and/ or junk removal. It is important that potential patrons looking to responsibly discard of waste are not subject to potential bad faith deals without recourse or regulation. By requiring companies to provide a final invoice before the waste removal project is done, it promotes a level of trust between the compa- ny and the customer that is not always present. Moreover, the immediate implementation and enforcement of civil penalties will deter predatory companies from harming vulnerable customers.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
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A10719 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10719
 
                   IN ASSEMBLY
 
                                   September 18, 2024
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Anderson) --
          read once and referred to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation to solid
          waste removal
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 27-0111 to read as follows:
     3  § 27-0111. Rubbish removal invoices.
     4    1. Each company engaged in solid waste management and disposal shall:
     5    (a)  Inform  customers  of  the cost per unit of weight of solid waste
     6  removal prior to the start of a waste removal project; and
     7    (b) Provide such customers with an invoice of the final cost  of  such
     8  waste  removal  project,  which  includes  the total tare weight of such
     9  weight  removal  project,  immediately  after  the  completion  of  such
    10  project.
    11    2.  Each receipt required pursuant to paragraph (b) of subdivision one
    12  of this section shall contain the following notice:
    13  "THIS INVOICE IS SUBJECT TO  THE  PROVISIONS  OF  SECTIONS  27-0111  AND
    14  71-2731 OF THE ENVIRONMENTAL CONSERVATION LAW."
    15    §  2.  The  environmental  conservation law is amended by adding a new
    16  section 71-2731 to read as follows:
    17  § 71-2731. Enforcement of section 27-0111 of this chapter.
    18    1. Any person who knowingly or intentionally violates any provision of
    19  or fails to perform any duty imposed pursuant to section 27-0111 of this
    20  chapter shall upon the first finding of such a violation be liable for a
    21  civil penalty not to exceed five hundred dollars.  Any person  convicted
    22  of  a second violation shall be liable for a civil penalty not to exceed
    23  two thousand five hundred dollars. Any person convicted of  a  third  or
    24  subsequent  violation  shall  be  eligible  for  the revocation of their
    25  licensing to do business in the state.
    26    2. All civil penalties  and  fines  collected  for  any  violation  of
    27  section  27-0111  of this chapter shall be paid over to the commissioner
    28  for deposit in the environmental protection fund established by  section
    29  ninety-two-s of the state finance law.
    30    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD15838-03-4
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