Senate Bill S4950A

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

                                 4950--A
    Cal. No. 281

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in 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.
              

                                                           LBD07343-03-9

S. 4950--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.