New York Senate Bill S05841 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5841 2023-2024 Regular Sessions  IN SENATE March 20, 2023 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed 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. 23 c. After three or more violations, the violating person shall be 24 permanently prohibited from procuring any solid waste public contracts. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02851-01-3 
 S. 5841 2 1 3. Any person found guilty of a misdemeanor pursuant to section 2 71-2703 of this title shall be prohibited from procuring any solid waste 3 public contracts for the following periods: 4 a. After one violation, the prohibition period shall be one year 5 following the date of the judgment, verdict, decision or order imposing 6 such violation. 7 b. After two violations, the prohibition period shall be two years 8 following the date of the judgment, verdict, decision or order imposing 9 such second violation. Such prohibition period shall be in addition to 10 any other prohibition period already imposed pursuant to this section. 11 c. After three or more violations, the prohibition period shall be 12 five years following the date of the judgment, verdict, decision or 13 order imposing such third violation and each subsequent violation there- 14 after. Such prohibition period shall be in addition to any other prohi- 15 bition period already imposed pursuant to this section. 16 4. Any person who has been found guilty of a violation pursuant to 17 section 71-2703 of this title shall be prohibited from serving as a 18 member of any board or other controlling body of any entity engaged in 19 the business of solid waste removal and disposal. 20 5. Notwithstanding any provision of law to the contrary, this section 21 shall remain applicable to any violating entity that reorganizes and 22 incorporates as a new entity pursuant to title 11 of the United States 23 Code. 24 6. Any prohibition period imposed by this section shall be in addition 25 to any other penalty authorized by this chapter or any other law. 26 § 2. This act shall take effect on the one hundred twentieth day after 27 it shall have become a law. Effective immediately, the addition, amend- 28 ment and/or repeal of any rule or regulation necessary for the implemen- 29 tation of this act on its effective date are authorized to be made and 30 completed on or before such effective date.