New York Assembly Bill A02098 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2098 2023-2024 Regular Sessions  IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. COLTON, L. ROSENTHAL, SEAWRIGHT, DICKENS, RIVERA -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, WALKER -- read once and referred to the Committee on Environmental Conservation 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 Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 71-2731 to read as follows: 3 § 71-2731. Enforcement of solid waste pollution violations; prohibition 4 of procurement of solid waste public contracts. 5 1. When used in this section: 6 a. "Solid waste" shall have the same meaning as defined in section 7 27-0701 of this chapter. 8 b. "Procurement of a solid waste public contract" means any submission 9 of bids, entrance into contractual relationships, and conduction of any 10 contractual business with any public entity within the state, that deals 11 with solid waste, including, but not limited to, any state or local 12 board, agency, commission, department or authority. 13 2. Any person found guilty of a felony violation pursuant to section 14 71-2703 of this title shall be prohibited from procuring any solid waste 15 public contracts for the following periods: 16 a. After one violation, the prohibition period shall be five years 17 following the date of the judgment, verdict, decision or order imposing 18 such violation. 19 b. After two violations, the prohibition period shall be ten years 20 following the date of the judgment, verdict, decision or order imposing 21 such second violation. Such prohibition period shall be in addition to 22 any other prohibition period already imposed pursuant to this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02851-01-3 
 A. 2098 2 1 c. After three or more violations, the violating person shall be 2 permanently prohibited from procuring any solid waste public contracts. 3 3. Any person found guilty of a misdemeanor pursuant to section 4 71-2703 of this title shall be prohibited from procuring any solid waste 5 public contracts for the following periods: 6 a. After one violation, the prohibition period shall be one year 7 following the date of the judgment, verdict, decision or order imposing 8 such violation. 9 b. After two violations, the prohibition period shall be two years 10 following the date of the judgment, verdict, decision or order imposing 11 such second violation. Such prohibition period shall be in addition to 12 any other prohibition period already imposed pursuant to this section. 13 c. After three or more violations, the prohibition period shall be 14 five years following the date of the judgment, verdict, decision or 15 order imposing such third violation and each subsequent violation there- 16 after. Such prohibition period shall be in addition to any other prohi- 17 bition period already imposed pursuant to this section. 18 4. Any person who has been found guilty of a violation pursuant to 19 section 71-2703 of this title shall be prohibited from serving as a 20 member of any board or other controlling body of any entity engaged in 21 the business of solid waste removal and disposal. 22 5. Notwithstanding any provision of law to the contrary, this section 23 shall remain applicable to any violating entity that reorganizes and 24 incorporates as a new entity pursuant to title 11 of the United States 25 Code. 26 6. Any prohibition period imposed by this section shall be in addition 27 to any other penalty authorized by this chapter or any other law. 28 § 2. This act shall take effect on the one hundred twentieth day after 29 it shall have become a law. Effective immediately, the addition, amend- 30 ment and/or repeal of any rule or regulation necessary for the implemen- 31 tation of this act on its effective date are authorized to be made and 32 completed on or before such effective date.