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.
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
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
