Assembly Bill A4110

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4110--A
                                                        Cal. No. 265

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced by M. of A. BRODSKY, JOHN, ENGLEBRIGHT, COLTON -- Multi-Spon-
  sored  by -- M.  of A. BOYLAND, BRENNAN, CLARK, ORTIZ, PHEFFER -- read
  once and referred to the Committee on  Environmental  Conservation  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

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 3-0319 to read as follows:
S 3-0319. 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD07343-02-9

A. 4110--A                          2

CER, DIRECTOR, OR LARGE STOCKHOLDER, WAS DETERMINED  IN  AN  ADMINISTRA-
TIVE,  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,
MODIFYING,  OR REVOKING A PERMIT IN ORDER TO PROTECT THE ENVIRONMENT AND
PRESERVE THE NATURAL RESOURCES OF THE STATE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.