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A04050 Summary:

BILL NOA04050
 
SAME ASNo Same As
 
SPONSORColton
 
COSPNSREnglebright, Rosenthal L, Seawright, Abinanti, Barron, Dickens, Rivera J, Solages
 
MLTSPNSRCook, Dinowitz, Walker
 
Add §71-2731, En Con L
 
Prohibits certain solid waste polluters from procuring public contracts for certain periods of time after violations and until all debts to the state are satisfied; prohibits individuals found guilty of solid waste pollution from serving as members of any board of any entity engaged in solid waste removal and disposal.
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A04050 Actions:

BILL NOA04050
 
02/01/2021referred to environmental conservation
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A04050 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4050
 
SPONSOR: Colton
  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 one hundred twentieth day after it shall have become a law, provided the department of environmental conservation is authorized to promulgate any and all rules and regu- lations and take any other measures necessary to implement this act on its effective date, on or before such date.
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