S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3914
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. COLTON, L. ROSENTHAL, TAYLOR, SIMON, COOK, GLICK,
   RIVERA, LAVINE, SEAWRIGHT, FAHY, OTIS, WEPRIN -- Multi-Sponsored by --
   M.  of  A.    McDONOUGH  -- read once and referred to the Committee on
   Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   review of permit applicants on record of compliance
 
   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 3-0323 to read as follows:
 § 3-0323. RECORD OF COMPLIANCE.
   EVERY  APPLICATION  FOR  A  PERMIT UNDER THIS CHAPTER SHALL INCLUDE AN
 INQUIRY ON THE FOLLOWING INFORMATION REGARDING THE APPLICANT'S RECORD OF
 COMPLIANCE:
   1. DOES THE APPLICANT HOLD ANY PERMIT UNDER THIS CHAPTER?
   2. HAS THE APPLICANT BEEN DENIED A PERMIT OR HAS THE APPLICANT  HAD  A
 PERMIT REVOKED OR SUSPENDED UNDER THIS CHAPTER?
   3.  IS  THE  APPLICANT  CURRENTLY THE SUBJECT OF AN ENFORCEMENT ACTION
 UNDER THIS CHAPTER?
   4. HAS THE APPLICANT, AND IF THE APPLICANT IS A CORPORATION,  HAS  ANY
 OFFICER,  DIRECTOR  OR LARGE STOCKHOLDER (OWNER OF 25% OR MORE STOCK) OF
 THE CORPORATION, EVER BEEN:
   A. FOUND IN AN ADMINISTRATIVE, CIVIL OR CRIMINAL  PROCEEDING  TO  HAVE
 VIOLATED  ANY  PROVISION  OF  ANY  RELATED ORDER OR DETERMINATION OF THE
 COMMISSIONER, ANY REGULATION PROMULGATED PURSUANT TO THIS  CHAPTER,  THE
 CONDITION OF ANY PERMIT ISSUED THEREUNDER, OR ANY SIMILAR STATUTE, REGU-
 LATION,  ORDER  OR  PERMIT  CONDITION  OF  ANY  OTHER GOVERNMENT AGENCY,
 FOREIGN OR DOMESTIC?
   B.  AN OFFICER, DIRECTOR OR LARGE STOCKHOLDER (OWNER OF  25%  OR  MORE
 STOCK)  OF A CORPORATION WHICH, DURING THE TIME SUCH PERSON WAS AN OFFI-
 CER, DIRECTOR OR LARGE STOCKHOLDER, WAS DETERMINED IN AN ADMINISTRATIVE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05114-01-3
              

 A. 3914                             2
 
 CIVIL OR CRIMINAL PROCEEDING TO HAVE  VIOLATED  ANY  PROVISION  OF  THIS
 CHAPTER,  ANY  RELATED  ORDER  OR DETERMINATION OF THE COMMISSIONER, ANY
 REGULATION PROMULGATED PURSUANT TO THIS CHAPTER, THE  CONDITION  OF  ANY
 PERMIT  ISSUED  THEREUNDER, OR ANY SIMILAR STATUTE, REGULATION, ORDER OR
 PERMIT CONDITION OF ANY OTHER GOVERNMENT AGENCY, FOREIGN OR DOMESTIC?
   C. CONVICTED OF A CRIMINAL OFFENSE UNDER THE LAWS OF ANY STATE  OR  OF
 THE UNITED STATES OR OF ANY OTHER GOVERNMENT, FOREIGN OR DOMESTIC, WHICH
 INVOLVES ENVIRONMENTAL STATUTES OR REGULATIONS OR FRAUD, BRIBERY, PERJU-
 RY,  THEFT  OR  AN OFFENSE AGAINST PUBLIC ADMINISTRATION AS THAT TERM IS
 USED IN ARTICLE ONE HUNDRED NINETY-FIVE OF THE PENAL LAW?
   D. AN OFFICER, DIRECTOR OR LARGE STOCKHOLDER (OWNER  OF  25%  OR  MORE
 STOCK)  OF A CORPORATION WHICH, DURING THE TIME SUCH PERSON WAS AN OFFI-
 CER, DIRECTOR, OR LARGE STOCKHOLDER, WAS CONVICTED OF A CRIMINAL OFFENSE
 UNDER THE LAWS OF ANY STATE OR THE UNITED STATES OR OF ANY OTHER GOVERN-
 MENT, FOREIGN OR DOMESTIC,  WHICH  INVOLVES  ENVIRONMENTAL  STATUTES  OR
 REGULATIONS  OR  FRAUD,  BRIBERY,  PERJURY,  THEFT OR AN OFFENSE AGAINST
 PUBLIC ADMINISTRATION AS THAT TERM IS USED IN ARTICLE ONE HUNDRED  NINE-
 TY-FIVE OF THE PENAL LAW?
   5. DOES THE APPLICANT CURRENTLY OWE ANY REGULATORY FEES TO THE DEPART-
 MENT?
   THE  AFOREMENTIONED  INFORMATION MAY, CONSISTENT WITH ARTICLES TWENTY-
 THREE AND TWENTY-THREE-A OF THE CORRECTION LAW, BE  CONSIDERED  A  BASIS
 FOR EXERCISING THE DEPARTMENT'S DISCRETION IN DENYING, SUSPENDING, MODI-
 FYING  OR  REVOKING  A  PERMIT  IN  ORDER TO PROTECT THE ENVIRONMENT AND
 PRESERVE THE NATURAL RESOURCES OF THE STATE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.