Assembly Bill A1690

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

                                  1690

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. COLTON, ENGLEBRIGHT, MILLER, ABINANTI, ROSENTHAL
  -- Multi-Sponsored by -- M. of A. BRENNAN, CLARK,  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 3-0319 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-
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.
              

                                                           LBD04064-01-3

A. 1690                             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,
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.