Senate Bill S9370

2023-2024 Legislative Session

Relates to permit modifications, suspensions, revocations, and renewals

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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2023-S9370 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §70-0115, En Con L

2023-S9370 (ACTIVE) - Summary

Enacts provisions relating to permit modifications, suspensions, revocations, and renewals; provides for expiration of any permit which has no expiration and has been in effect for five years; provides renewal periods shall not be longer than five years.

2023-S9370 (ACTIVE) - Sponsor Memo

2023-S9370 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9370
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   permit  modifications, suspensions, revocations, renewals, reissuances
   and recertifications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  70-0115 of the environmental conservation law is
 amended by adding three new subdivisions 3, 4 and 5 to read as follows:
   3. ANY PERMIT WHICH DOES NOT EXPIRE PURSUANT TO ITS  TERMS  AND  WHICH
 HAS  BEEN  IN  EFFECT  FOR MORE THAN FIVE YEARS SHALL EXPIRE ON THE DATE
 WHICH IS TWO YEARS AFTER THE EFFECTIVENESS OF THIS SUBDIVISION, AND  ANY
 RENEWAL  THEREOF SHALL INCLUDE AN EXPIRATION DATE WHICH IS NO LATER THAN
 FIVE YEARS AFTER THE EXPIRATION CONTEMPLATED BY THIS SUBDIVISION, UNLESS
 ANOTHER PERIOD FOR EXPIRATION OF TEN YEARS OR LESS IS  APPLICABLE  UNDER
 THIS CHAPTER.
   4.  WITH RESPECT TO A PERMIT THAT HAS BEEN EXTENDED PURSUANT TO SUBDI-
 VISION TWO OF SECTION FOUR  HUNDRED  ONE  OF  THE  STATE  ADMINISTRATIVE
 PROCEDURE  ACT BY REASON OF THE APPLICANT MAKING A TIMELY AND SUFFICIENT
 APPLICATION, THE DEPARTMENT SHALL MAKE A  FINAL  DETERMINATION  ON  SUCH
 APPLICATION  WITHIN  EIGHTEEN  MONTHS  OF  THE  DATE  THE APPLICATION IS
 RECEIVED.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF  SECTION  FOUR
 HUNDRED  ONE OF THE STATE ADMINISTRATIVE PROCEDURE ACT, A PERMIT THAT IS
 DENIED OR THE TERMS OF WHICH ARE LIMITED BY THE  DEPARTMENT  AS  CONTEM-
 PLATED  BY SUCH SUBDIVISION SHALL AUTOMATICALLY BE SUSPENDED ON THE DATE
 WHICH IS TWO YEARS FROM THE DATE ON WHICH THE DEPARTMENT MADE THE DETER-
 MINATION REGARDING DENIAL  OR  LIMITATION;  PROVIDED,  HOWEVER,  THAT  A
 PERMIT  THAT  WAS  DENIED OR LIMITED AS CONTEMPLATED BY SUCH SUBDIVISION
 PRIOR TO THE EFFECTIVENESS OF THIS SUBDIVISION SHALL  NOT  BE  SUSPENDED
 PURSUANT TO THIS SUBDIVISION UNTIL THE DATE WHICH IS TWO YEARS AFTER THE
 EFFECTIVENESS OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14316-02-4

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