Bill Text: NY S09370 | 2023-2024 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - REPORTED AND COMMITTED TO FINANCE [S09370 Detail]

Download: New_York-2023-S09370-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9370

                    IN SENATE

                                      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:

     1    Section  1.  Section  70-0115 of the environmental conservation law is
     2  amended by adding three new subdivisions 3, 4 and 5 to read as follows:
     3    3. Any permit which does not expire pursuant to its  terms  and  which
     4  has  been  in  effect  for more than five years shall expire on the date
     5  which is two years after the effectiveness of this subdivision, and  any
     6  renewal  thereof shall include an expiration date which is no later than
     7  five years after the expiration contemplated by this subdivision, unless
     8  another period for expiration of ten years or less is  applicable  under
     9  this chapter.
    10    4.  With respect to a permit that has been extended pursuant to subdi-
    11  vision two of section four  hundred  one  of  the  state  administrative
    12  procedure  act by reason of the applicant making a timely and sufficient
    13  application, the department shall make a  final  determination  on  such
    14  application  within  eighteen  months  of  the  date  the application is
    15  received.
    16    5. Notwithstanding the provisions of subdivision two of  section  four
    17  hundred  one of the state administrative procedure act, a permit that is
    18  denied or the terms of which are limited by the  department  as  contem-
    19  plated  by such subdivision shall automatically be suspended on the date
    20  which is two years from the date on which the department made the deter-
    21  mination regarding denial  or  limitation;  provided,  however,  that  a
    22  permit  that  was  denied or limited as contemplated by such subdivision
    23  prior to the effectiveness of this subdivision shall  not  be  suspended
    24  pursuant to this subdivision until the date which is two years after the
    25  effectiveness of this subdivision.
    26    § 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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