BILL NUMBER: S3688
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting any solid waste polluter from procuring solid waste public
contracts
 
PURPOSE OR GENERAL IDEA OF BILL:
To prevent persons who violate solid waste pollution provisions from
entering into solid waste public contracts.
 
SUMMARY OF SPECIFIC PROVISIONS:
The ECL is amended by adding a new section 71-2728. Subdivision 1 is a
definition section.
Subdivisions 2 and 3 require that any person found guilty of violating
the solid waste provisions of the ECL is prohibited from procuring any
solid waste public contracts for a certain period of time, depending on
the level of the charged offense.
Subdivision 4 provides that any individual found guilty of violating a
solid waste pollution provision of the ECL is prohibited from serving as
a member of any board or other controlling body of an entity engaged in
solid waste removal and disposal.
Subdivision 5 provides that if an entity reorganizes under bankruptcy
provisions and incorporates as a new entity it will still be barred from
procuring a public contract.
Subdivision 6 provides that any prohibition period imposed by this
section is in addition to any other penalty authorized by the ECL.
 
JUSTIFICATION:
Under current law, there is no requirement for persons making bids for
public solid waste contracts to have an unblemished environmental
record. In order to ensure work will be done in a non-polluting and
legal manner, those persons found to have violated solid waste e
pollution provisions of the ECL should be prohibited from making bids on
public contracts. In cases where multiple violations have occurred,
there should be a permanent ban on awarding such public contracts. This
policy will eliminate environmental violators from the solid waste
removal and disposal industry and give a clear message that continued
violation of pollution laws will not be tolerated or rewarded.
 
PRIOR LEGISLATIVE HISTORY:
2013-14: A.1689/EnCon
2011-12: A.707/Encon
2009-10: A.1321/Encon
2007-08: A.3319/Encon
2005-06: A.3201/Encon
2003-04: A.4516-A/Encon
 
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 department of envi-
ronmental 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.