NY State Senate Bill 2017-S1588

Senate Bill S1588

2017-2018 Legislative Session

Requires disclosure of environmental conservation permit applicant's record of compliance with state, federal, and foreign environmental regulations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 10, 2017	referred to environmental conservation

2017-S1588 (ACTIVE) - Details

See Assembly Version of this Bill:: A3818
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0321, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4110
2011-2012: A2675
2013-2014: S4900, A1690
2015-2016: S1037, A4669
2019-2020: A4922
2021-2022: A4124
2023-2024: A3914
2025-2026: A1255

2017-S1588 (ACTIVE) - Summary

Requires applicants to the department of environmental conservation for permits to disclose information concerning other permits held and/or revoked, enforcement actions, criminal convictions, fees or fines owed, and other information relating to compliance by the applicant or any corporation of which he or she is an officer, director, or large stockholder with state, federal, or foreign environmental laws or regulations and certain other laws.

2017-S1588 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1588

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
review of permit applicants on record of compliance

 PURPOSE OF THE BILL :

This bill would authorize DEC to conduct an inquiry into an
applicant's background as part of a permit application or review. DEC
would be authorized to revoke or deny permits to unsuitable persons
based upon statutory criteria that includes past violations of the
applicant or permit holder. This bill would ensure that persons who
are unsuitable to carry out responsibilities under DEC permits are not
authorized to do so.

 SUMMARY OF PROVISIONS :

Adds a new section 3-0321 to the Environmental Conservation Law to
require DEC to review a permit applicant's record of compliance with
the Environmental Conservation Law (ECL).

 JUSTIFICATION :

Persistent or significant violators of the ECL should not have a

permit renewed or be allowed to obtain new permits after committing
breaches of the law directly relating to their ability to carry out
the authorized activities in a lawful and environmentally responsible
manner. If a permit is issued to a prior violator, it may be
appropriate to impose strict reporting or monitoring conditions on
such permits, or to require an environmental monitor on-site.

Compliance with the ECL and enforcement against those who violate the
ECL can be advanced by ensuring that the permit review procedures
incorporate such consideration at the earliest possible date in the
review process.

 PRIOR LEGISLATIVE HISTORY :

This bill has been introduced since the 1995-96 legislative session.
2015-16: S.1037/A.4669 (Colton)
2013-2014: A.1690 (Colton)
2011-2012: A.2675
2009-2010: A.4110/S.4950 (passed En Con/Rules)

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None

 EFFECTIVE DATE :
This act shall take effect on the 60th day after it shall have become
law.

2017-S1588 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1588
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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 3-0321 to read as follows:
 § 3-0321. 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.

                                                            LBD00754-01-7

 S. 1588                             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, 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.

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