Bill Text: NY A04124 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A04124 Detail]

Download: New_York-2021-A04124-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4124

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of  A.  COLTON,  ENGLEBRIGHT,  ABINANTI,  M. MILLER,
          L. ROSENTHAL, TAYLOR, BARRON, SIMON,  MONTESANO,  COOK,  GLICK,  GOTT-
          FRIED, J. RIVERA, LAVINE, SEAWRIGHT, FAHY, OTIS, WEPRIN -- Multi-Spon-
          sored  by  --  M.  of  A.   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:

     1    Section 1.  The environmental conservation law is amended by adding  a
     2  new section 3-0323 to read as follows:
     3  § 3-0323. Record of compliance.
     4    Every  application  for  a  permit under this chapter shall include an
     5  inquiry on the following information regarding the applicant's record of
     6  compliance:
     7    1. Does the applicant hold any permit under this chapter?
     8    2. Has the applicant been denied a permit or has the applicant  had  a
     9  permit revoked or suspended under this chapter?
    10    3.  Is  the  applicant  currently the subject of an enforcement action
    11  under this chapter?
    12    4. Has the applicant, and if the applicant is a corporation,  has  any
    13  officer,  director  or large stockholder (owner of 25% or more stock) of
    14  the corporation, ever been:
    15    a. found in an administrative, civil or criminal  proceeding  to  have
    16  violated  any  provision  of  any  related order or determination of the
    17  commissioner, any regulation promulgated pursuant to this  chapter,  the
    18  condition of any permit issued thereunder, or any similar statute, regu-
    19  lation,  order  or  permit  condition  of  any  other government agency,
    20  foreign or domestic?
    21    b.  an officer, director or large stockholder (owner of  25%  or  more
    22  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.
                                                                   LBD05732-01-1
        A. 4124                             2

     1  cer, director or large stockholder, was determined in an administrative,
     2  civil or criminal proceeding to have  violated  any  provision  of  this
     3  chapter,  any  related  order  or determination of the commissioner, any
     4  regulation  promulgated  pursuant  to this chapter, the condition of any
     5  permit issued thereunder, or any similar statute, regulation,  order  or
     6  permit condition of any other government agency, foreign or domestic?
     7    c.  convicted  of a criminal offense under the laws of any state or of
     8  the United States or of any other government, foreign or domestic, which
     9  involves environmental statutes or regulations or fraud, bribery, perju-
    10  ry, theft or an offense against public administration as  that  term  is
    11  used in article one hundred ninety-five of the penal law?
    12    d.  an  officer,  director  or large stockholder (owner of 25% or more
    13  stock) of a corporation which, during the time such person was an  offi-
    14  cer, director, or large stockholder, was convicted of a criminal offense
    15  under the laws of any state or the United States or of any other govern-
    16  ment,  foreign  or  domestic,  which  involves environmental statutes or
    17  regulations or fraud, bribery, perjury,  theft  or  an  offense  against
    18  public  administration as that term is used in article one hundred nine-
    19  ty-five of the penal law?
    20    5. Does the applicant currently owe any regulatory fees to the depart-
    21  ment?
    22    The aforementioned information may, consistent with  articles  twenty-
    23  three  and  twenty-three-A  of the correction law, be considered a basis
    24  for exercising the department's discretion in denying, suspending, modi-
    25  fying or revoking a permit in  order  to  protect  the  environment  and
    26  preserve the natural resources of the state.
    27    §  2.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law.