Rosenthal, Seawright, Rivera, Davila, Brown K, Reyes
MLTSPNSR
Cook, 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.
STATE OF NEW YORK
________________________________________________________________________
3197
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. COLTON, ROSENTHAL, SEAWRIGHT, RIVERA, DAVILA,
K. BROWN, REYES -- 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.
LBD06302-01-5
A. 3197 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.
