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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4050
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting any solid waste polluter from procuring solid waste public
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
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.
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:
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.