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S09938 Summary:

BILL NOS09938
 
SAME ASSAME AS A10719
 
SPONSORSANDERS
 
COSPNSR
 
MLTSPNSR
 
Add §§27-0111 & 71-2731, En Con L
 
Relates to requiring certain figures in solid waste removal estimates and final invoices including the total tare weight of the waste removal project; includes graduated penalties for offenses.
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S09938 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9938
 
                    IN SENATE
 
                                    October 23, 2024
                                       ___________
 
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the environmental conservation law, in relation to solid
          waste removal
 
          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 27-0111 to read as follows:
     3  § 27-0111. Rubbish removal invoices.
     4    1. Each company engaged in solid waste management and disposal shall:
     5    (a) Inform customers of the cost per unit of  weight  of  solid  waste
     6  removal prior to the start of a waste removal project; and
     7    (b)  Provide  such customers with an invoice of the final cost of such
     8  waste removal project, which includes the  total  tare  weight  of  such
     9  weight  removal  project,  immediately  after  the  completion  of  such
    10  project.
    11    2. Each receipt required pursuant to paragraph (b) of subdivision  one
    12  of this section shall contain the following notice:
    13  "THIS  INVOICE  IS  SUBJECT  TO  THE  PROVISIONS OF SECTIONS 27-0111 AND
    14  71-2731 OF THE ENVIRONMENTAL CONSERVATION LAW."
    15    § 2. The environmental conservation law is amended  by  adding  a  new
    16  section 71-2731 to read as follows:
    17  § 71-2731. Enforcement of section 27-0111 of this chapter.
    18    1. Any person who knowingly or intentionally violates any provision of
    19  or fails to perform any duty imposed pursuant to section 27-0111 of this
    20  chapter shall upon the first finding of such a violation be liable for a
    21  civil  penalty not to exceed five hundred dollars.  Any person convicted
    22  of a second violation shall be liable for a civil penalty not to  exceed
    23  two  thousand  five  hundred dollars. Any person convicted of a third or
    24  subsequent violation shall be  eligible  for  the  revocation  of  their
    25  licensing to do business in the state.
    26    2.  All  civil  penalties  and  fines  collected  for any violation of
    27  section 27-0111 of this chapter shall be paid over to  the  commissioner
    28  for  deposit in the environmental protection fund established by section
    29  ninety-two-s of the state finance law.
    30    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15838-03-4
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