Senate Bill S4900

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

                                  4900

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed 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,
CIVIL OR CRIMINAL PROCEEDING TO HAVE  VIOLATED  ANY  PROVISION  OF  THIS
CHAPTER,  ANY  RELATED  ORDER  OR DETERMINATION OF THE COMMISSIONER, ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04064-01-3
              

S. 4900                             2

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.