New York Assembly Bill A01255 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1255 2025-2026 Regular Sessions  IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. COLTON, ROSENTHAL, TAYLOR, SIMON, COOK, GLICK, RIVERA, LAVINE, SEAWRIGHT, OTIS, WEPRIN -- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred to the Committee on Environ- mental 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- 23 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. LBD03894-01-5 
 A. 1255 2 1 civil or criminal proceeding to have violated any provision of this 2 chapter, any related order or determination of the commissioner, any 3 regulation promulgated pursuant to this chapter, the condition of any 4 permit issued thereunder, or any similar statute, regulation, order or 5 permit condition of any other government agency, foreign or domestic? 6 c. convicted of a criminal offense under the laws of any state or of 7 the United States or of any other government, foreign or domestic, which 8 involves environmental statutes or regulations or fraud, bribery, perju- 9 ry, theft or an offense against public administration as that term is 10 used in article one hundred ninety-five of the penal law? 11 d. an officer, director or large stockholder (owner of 25% or more 12 stock) of a corporation which, during the time such person was an offi- 13 cer, director, or large stockholder, was convicted of a criminal offense 14 under the laws of any state or the United States or of any other govern- 15 ment, foreign or domestic, which involves environmental statutes or 16 regulations or fraud, bribery, perjury, theft or an offense against 17 public administration as that term is used in article one hundred nine- 18 ty-five of the penal law? 19 5. Does the applicant currently owe any regulatory fees to the depart- 20 ment? 21 The aforementioned information may, consistent with articles twenty- 22 three and twenty-three-A of the correction law, be considered a basis 23 for exercising the department's discretion in denying, suspending, modi- 24 fying or revoking a permit in order to protect the environment and 25 preserve the natural resources of the state. 26 § 2. This act shall take effect on the sixtieth day after it shall 27 have become a law.