Requires the department of environmental conservation to establish guidelines relating to the disqualification of contractors applying to perform stand-by contracts relating to past performance, reasonableness of pricing, acts of negligence and convictions for certain crimes reflecting on honesty, integrity and capability of any contractor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7395
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
guidelines for disqualifying stand-by contractors
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the department of environmental conservation to promulgate
guidelines for the disqualification of stand-by contractors authorized
under environmental conservation law 3-0309.
SUMMARY OF SPECIFIC PROVISIONS:
Authorizes establishing guidelines for disqualification of stand-by
contractors based upon past performance, reasonableness of price
charged, acts of negligence or malfeasance, and convictions of certain
crimes, considered in a manner consistent with article twenty-three-A of
the correction law.
JUSTIFICATION:
Current law authorizes guidelines for qualifying stand-by contractors
but not disqualifying them. State finance law terms for disqualification
are woefully inadequate for addressing the potential disqualification of
stand-by contractors for environmental concerns.
PRIOR LEGISLATIVE HISTORY:
2023-2024 Referred to environmental conservation
2022 01/05/22 A1827 referred to environmental conservation
2019-/2020 A3129 referred to environmental conservation
2017/2018 referred to codes
A1490 2015/2016 referred to codes
A627 2013-14 referred to codes,
A3009 2012: reported and referred to codes
A2477 2009/2010 Passed Assembly
1997-98 A1372 Passed Assembly 1999
A647 Passed Assembly
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any.rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
7395
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
guidelines for disqualifying stand-by contractors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 3-0309 of the environmental
2 conservation law is amended by adding a new paragraph a-1 to read as
3 follows:
4 a-1. guidelines for disqualifying contractors which shall be based
5 upon section one hundred thirty-nine-b of the state finance law and such
6 other factors deemed appropriate including, but not limited to, past
7 performance on state contracts, reasonableness of price charged for past
8 performance of state contracts, any negligence or malfeasance committed
9 during the past performance of state contracts, and any conviction of a
10 crime which reflects upon the honesty, integrity or capability of a
11 contractor; provided, however that a criminal conviction shall be
12 considered in a manner consistent with article twenty-three-A of the
13 correction law;
14 § 2. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law. Effective immediately, the addition, amend-
16 ment and/or repeal of any rule or regulation necessary for the implemen-
17 tation of this act on its effective date are authorized to be made on or
18 before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10125-01-5
