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A03914 Summary:

BILL NOA03914
 
SAME ASNo Same As
 
SPONSORColton (MS)
 
COSPNSRRosenthal L, Taylor, Simon, Cook, Glick, Rivera, Lavine, Seawright, Fahy, Otis, Weprin
 
MLTSPNSRMcDonough
 
Add §3-0323, En Con L
 
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.
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A03914 Actions:

BILL NOA03914
 
02/08/2023referred to environmental conservation
01/03/2024referred to environmental conservation
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A03914 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3914
 
SPONSOR: Colton (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to review of permit applicants on record of compliance   PURPOSE OR GENERAL IDEA OF 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 SPECIFIC PROVISIONS::. Adds a new section 3-0313 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 enforce- ment 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:: 2013-14: A.1690/EnCon/Codes/Rules; S.4900/EnCon 2011-12: A.2675/Encon 2009-10: A.4110/passed; S.4950-A/EnCon/Rules This bill has been introduced since the 1995-96 legislative session.   FISCAL IMPLICATIONS:: None.   EFFECTIVE DATE:: This act shall take effect on the sixtieth day after it shall have become a law.
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A03914 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3914
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced by M. of A. COLTON, L. ROSENTHAL, TAYLOR, SIMON, COOK, GLICK,
          RIVERA, LAVINE, SEAWRIGHT, FAHY, OTIS, WEPRIN -- Multi-Sponsored 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-
    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.
                                                                   LBD05114-01-3

        A. 3914                             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.
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