§ 20-04 Mergers, Acquisitions, Consolidations, and Assignments.
RCNY § 20-04
(a)An awardee must submit to the Department for authorization any transaction involving a merger, acquisition, consolidation, or similar transaction that results in an effective change in control over an awardee, or over substantially all of an awardee’s assets within New York City, no later than 60 calendar days before such transaction is to take effect. A request for approval of such transaction must be submitted in writing to the Department, and such transaction must not take effect unless and until it has been authorized by the Department. The Department may decline to approve any such transaction that would impair an awardee’s ability to fulfill its obligations pursuant to its agreement with the Department or that would be otherwise inconsistent with the purposes of Title 16-B of the Administrative Code, including but not limited to a transaction that would impair competition by resulting in more than 1 awardee in any commercial waste zone being under common ownership or control or resulting in common ownership or control over awardees that together have entered into agreements to provide services in more than 15 commercial waste zones.
(1)If the Department has declined to approve a transaction pursuant to this subdivision, an awardee may submit a revised proposed transaction, no later than 60 calendar days before such transaction is to take effect, that addresses the Department’s concerns by proposing to relinquish previously awarded zones, or otherwise ensuring that the transaction is consistent with the purposes of Title 16-B of the Administrative Code.
(b)An awardee must notify the Department within 5 calendar days when the awardee has applied to the Business Integrity Commission for authorization of a merger, acquisition, consolidation, or similar transaction pursuant to 17 RCNY § 5-05(b) other than a transaction covered by subdivision a of this section.
(c)Any assignment of a contract with a customer or similar transaction affecting a customer within a commercial waste zone after the final implementation date in such zone must be submitted to the Department for authorization 60 calendar days before such assignment or similar transaction is proposed to take effect. A request for approval of such assignment or similar transaction must be submitted in writing to the Department, and such assignment or similar transaction must not take effect unless and until it has been authorized by the Department. The Department may prohibit any such transaction that would impair an awardee’s ability to fulfill its obligations pursuant to its agreement with the Department, or is otherwise inconsistent with the purposes of Title 16-B of the Administrative Code.
(2)An awardee that has been assigned a contract with a customer for commercial waste removal services within a fully implemented commercial waste zone, or an awardee that has subcontracted with a designated carter to provide commercial waste removal services to a customer, must notify, within 15 calendar days following the effective date of such assignment or subcontract, each party to a contract of such assignment, subcontract, or similar arrangement, and of the right of such party to terminate such contract without incurring any fee upon 30 calendar days’ notice within 90 calendar days following such assignment, subcontract, or similar arrangement. Such notification must be by certified mail with the receipt of delivery retained by the awardee and must be upon a form approved or prescribed by the Department.
(d)An awardee must notify the Department within 5 calendar days when it has applied to the Business Integrity Commission for authorization of a subcontracting, assignment, or similar arrangement pursuant to 17 RCNY § 5-05(b) affecting customers located outside of a fully implemented commercial waste zone. (Added City Record 10/9/2025, eff. 11/8/2025)
