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.
Summary
A07395 would require the Department of Environmental Conservation (DEC) to adopt guidelines for disqualifying contractors seeking to perform stand-by contracts. The bill directs DEC to base those guidelines on State Finance Law section 139-b and to consider additional factors such as a contractor’s past performance on state contracts, whether prior pricing was reasonable, any negligence or malfeasance in prior state contract performance, and any criminal conviction that reflects on the contractor’s honesty, integrity, or capability.
The bill also specifies that criminal convictions must be evaluated consistently with Correction Law article 23-A, which governs the use of criminal history in licensing and employment decisions. The measure would take effect 120 days after becoming law, with immediate authorization for any rules or regulations needed to implement it.
Impact
This bill would amend the Environmental Conservation Law to give DEC explicit authority and direction to create contractor-disqualification standards for stand-by contracts. In practice, it would affect contractors that seek to do business with the state through DEC-related procurement, potentially making past performance, pricing history, negligence, malfeasance, and certain criminal convictions relevant to eligibility. It also ties the disqualification framework to existing state law on contractor responsibility and criminal-history review, including State Finance Law section 139-b and Correction Law article 23-A.
Sentiment
Based on the bill text and available context, the measure appears to be framed as a procurement-integrity and accountability bill rather than a controversial policy change. Its stated purpose is to help DEC screen contractors using objective factors related to performance, pricing, and trustworthiness. No committee transcript or vote record was provided, so there is no documented public debate or recorded support/opposition in the materials available.
Contention
The main potential point of contention is the breadth of discretion the bill gives DEC to disqualify contractors based on past performance, pricing reasonableness, negligence, malfeasance, and criminal convictions. Contractors and advocates for fair access to public work may be concerned that these standards could be applied inconsistently or too broadly, while supporters are likely to view them as necessary safeguards against poor performance and misconduct. The bill’s requirement that convictions be considered under Correction Law article 23-A is a limiting factor intended to reduce unfair exclusion, but it may still raise questions about how DEC balances rehabilitation with procurement integrity.