Provides that the department of environmental conservation shall deny or suspend any permit issued by the department if the applicant or the permittee or any of its directors, officers or senior management have been convicted of a criminal offense involving fraud, bribery, perjury, an offense against public administration as that term is used in article one hundred ninety-five of the penal law, or conspiracy to commit any such offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8202
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
denial or suspension of permits due to certain criminal offenses
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to deny or suspend New York State
Department of Environmental Conservation (NYSDEC) permits• that were
obtained through a criminal act.
SUMMARY OF PROVISIONS:
Section one amends Section 70-0115 of the environmental conservation law
to add a new. paragraph 3 to authorize the DEC to deny or suspend any
permit if the permittee or any of its directors, officers, or senior
management have been convicted of a criminal offense involving fraud,
bribery, perjury, an offense against public administration or conspiracy
to commit any such offense if the DEC makes a written determination
after a hearing or an opportunity to be heard that such criminal offense
is related to, involves, or arises from the permit or a previous permit
the permittee or applicant held. The DEC shall not be required to deny
or suspend the permit if it determines that the permit is in the public
interest or is for public health and safety.
Section two provides the effective date.
JUSTIFICATION:
This law is meant to protect the public welfare from corrupt or other-
wise unsuitable businesses seeking permits'or permit renewals from the
NYS Department of Environmental Conservation (NYSDEC).. The need for
such legislation has been brought to the fore by the case of Competitive
Power Ventures (CPV), in which a high-level company executive was
convicted for giving a low-show job to the wife of a state official,
with money that originated, from the company, as the company sought
permitting approval for a power plant in Wawayanda, in Orange County. A
company that violates the public trust in the permitting process cannot
be trusted to provide accurate information or adhere to the letter and
spirit of regulations. This legislation is intended to provide the
NYSDEC with tools to suspend a permit, or deny a permit and future
permits, if the permittee or one of its employees or agents secured a
permit by criminal means.
PRIOR LEGISLATIVE HISTORY:
Senate
2019-2020: S7895-A, AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
Assembly
2019-2021: A10277, Referred to environmental conservation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
8202
2023-2024 Regular Sessions
IN ASSEMBLY
October 27, 2023
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
denial or suspension of permits due to certain criminal offenses
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 a new subdivision 3 to read as follows:
3 3. The department shall deny or suspend a permit if the applicant or
4 permittee or any of its directors, officers or senior management have
5 been convicted of a criminal offense involving fraud, bribery, perjury,
6 an offense against public administration as that term is used in article
7 one hundred ninety-five of the penal law, or conspiracy to commit any
8 such offense, and, after a hearing or an opportunity for the applicant
9 or permittee to be heard, the department makes a written determination
10 that such criminal offense is related to, involves, or arises from the
11 issuance of such permit, or any previous permit issued to the applicant
12 or the permittee; provided, however, that the department shall not be
13 required to deny or suspend such permit if the department determines
14 such permit to be in the public interest or for public health and safe-
15 ty.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08501-01-3
