What's happening
This bill requires permit applicants to disclose their environmental compliance history, allowing the department to consider this information when granting permits.
Why it matters
Strengthens accountability. by requiring applicants to disclose not only their own compliance history but also the records of key corporate officers and large shareholders, potentially deterring repeat environmental offenders from obtaining permits.
Expands scrutiny. to include violations, enforcement actions, permit suspensions or revocations, and even criminal convictions (such as fraud, bribery, or environmental crimes), allowing the department to consider a broad spectrum of past behavior.
Targets corporate responsibility. by making senior leadership and major stakeholders answerable for past corporate violations, not just the company itself, which could influence corporate governance and encourage better compliance practices.
Empowers the state to protect resources. by explicitly allowing the department to use this compliance information when deciding to deny, suspend, modify, or revoke permits, potentially leading to more rigorous environmental oversight and protection.
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Who cares
Headline styles
Disclose Environmental Violation History
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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 Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 3-0323 to read as follows: § 3-0323. 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, regulation, 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 officer, 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
civil or criminal proceeding to have violated any provision of this chapter, 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, 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, perjury, 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 officer, director, or large stockholder, was convicted of a criminal offense under the laws of any state or the United States or of any other government, 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 ninety-five of the penal law?
5. Does the applicant currently owe any regulatory fees to the department?
The aforementioned information may, consistent with articles twentythree 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.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.