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STATE OF NEW YORK
________________________________________________________________________

707

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced by M. of A. COLTON, ENGLEBRIGHT, JAFFEE, SPANO -- Multi-Spon-
  sored  by  --  M.  of  A.    DINOWITZ -- 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:

  Section 1. The environmental conservation law is amended by  adding  a
new section 71-2730 to read as follows:
S  71-2730. ENFORCEMENT OF SOLID WASTE POLLUTION VIOLATIONS; PROHIBITION
             OF PROCUREMENT OF SOLID WASTE PUBLIC CONTRACTS.
  1. WHEN USED IN THIS SECTION:
  A. "SOLID WASTE" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  SECTION
27-0701 OF THIS CHAPTER.
  B. "PROCUREMENT OF A SOLID WASTE PUBLIC CONTRACT" MEANS ANY SUBMISSION
OF  BIDS, ENTRANCE INTO CONTRACTUAL RELATIONSHIPS, AND CONDUCTION OF ANY
CONTRACTUAL BUSINESS WITH ANY PUBLIC ENTITY WITHIN THE STATE, THAT DEALS
WITH SOLID WASTE, INCLUDING, BUT NOT LIMITED  TO,  ANY  STATE  OR  LOCAL
BOARD, AGENCY, COMMISSION, DEPARTMENT OR AUTHORITY.
  2.  ANY  PERSON FOUND GUILTY OF A FELONY VIOLATION PURSUANT TO SECTION
71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM PROCURING ANY SOLID WASTE
PUBLIC CONTRACTS FOR THE FOLLOWING PERIODS:
  A. AFTER ONE VIOLATION, THE PROHIBITION PERIOD  SHALL  BE  FIVE  YEARS
FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH VIOLATION.
  B. AFTER TWO VIOLATIONS, THE PROHIBITION PERIOD  SHALL  BE  TEN  YEARS
FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH SECOND VIOLATION. SUCH PROHIBITION PERIOD SHALL BE IN  ADDITION  TO
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.
                                                           LBD04859-01-1
A. 707                              2

  C.  AFTER  THREE  OR  MORE  VIOLATIONS,  THE VIOLATING PERSON SHALL BE
PERMANENTLY PROHIBITED FROM PROCURING ANY SOLID WASTE PUBLIC CONTRACTS.
  3.  ANY  PERSON  FOUND  GUILTY  OF  A  MISDEMEANOR PURSUANT TO SECTION
71-2703 OF THIS TITLE SHALL BE PROHIBITED FROM PROCURING ANY SOLID WASTE
PUBLIC CONTRACTS FOR THE FOLLOWING PERIODS:
  A. AFTER ONE VIOLATION, THE  PROHIBITION  PERIOD  SHALL  BE  ONE  YEAR
FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH VIOLATION.
  B. AFTER TWO VIOLATIONS, THE PROHIBITION PERIOD  SHALL  BE  TWO  YEARS
FOLLOWING  THE DATE OF THE JUDGMENT, VERDICT, DECISION OR ORDER IMPOSING
SUCH SECOND VIOLATION. SUCH PROHIBITION PERIOD SHALL BE IN  ADDITION  TO
ANY OTHER PROHIBITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
  C.  AFTER  THREE  OR  MORE VIOLATIONS, THE PROHIBITION PERIOD SHALL BE
FIVE YEARS FOLLOWING THE DATE OF  THE  JUDGMENT,  VERDICT,  DECISION  OR
ORDER IMPOSING SUCH THIRD VIOLATION AND EACH SUBSEQUENT VIOLATION THERE-
AFTER.  SUCH PROHIBITION PERIOD SHALL BE IN ADDITION TO ANY OTHER PROHI-
BITION PERIOD ALREADY IMPOSED PURSUANT TO THIS SECTION.
  4.  ANY  PERSON  WHO  HAS BEEN FOUND GUILTY OF A VIOLATION PURSUANT TO
SECTION 71-2703 OF THIS TITLE SHALL BE  PROHIBITED  FROM  SERVING  AS  A
MEMBER  OF  ANY BOARD OR OTHER CONTROLLING BODY OF ANY ENTITY ENGAGED IN
THE BUSINESS OF SOLID WASTE REMOVAL AND DISPOSAL.
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
SHALL  REMAIN  APPLICABLE  TO  ANY VIOLATING ENTITY THAT REORGANIZES AND
INCORPORATES AS A NEW ENTITY PURSUANT TO TITLE 11 OF THE  UNITED  STATES
CODE.
  6. ANY PROHIBITION PERIOD IMPOSED BY THIS SECTION SHALL BE IN ADDITION
TO ANY OTHER PENALTY AUTHORIZED BY THIS CHAPTER OR ANY OTHER LAW.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided that the department of environ-
mental conservation is authorized to promulgate any and  all  rules  and
regulations  and take any other measures necessary to implement this act
on its effective date, on or before such date.