NY State Senate Bill 2019-S7895A

Senate Bill S7895A

2019-2020 Legislative Session

Relates to denial or suspension of permits due to certain criminal actions of a permittee or its directors, officers or senior management

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Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2020	print number 7895a
Mar 16, 2020	amend and recommit to environmental conservation
Feb 28, 2020	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S7895 - Details

See Assembly Version of this Bill:: A10277
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §70-0115, En Con L

2019-S7895 - Summary

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.

2019-S7895 - Sponsor Memo

                                
 
BILL NUMBER: S7895

SPONSOR: METZGER
 
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 or officers 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:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2019-S7895 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7895
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- 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
   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:

   Section 1. Section 70-0115 of the environmental  conservation  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  THE  DEPARTMENT SHALL DENY OR SUSPEND A PERMIT IF THE APPLICANT OR
 PERMITTEE OR ANY OF ITS DIRECTORS OR OFFICERS 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  NINE-
 TY-FIVE OF THE PENAL LAW, OR CONSPIRACY TO COMMIT ANY SUCH OFFENSE, AND,
 AFTER  A  HEARING OR AN OPPORTUNITY FOR THE APPLICANT OR PERMITTEE TO BE
 HEARD, THE DEPARTMENT MAKES A WRITTEN DETERMINATION THAT  SUCH  CRIMINAL
 OFFENSE  IS  RELATED  TO,  INVOLVES, OR ARISES FROM THE ISSUANCE OF SUCH
 PERMIT, OR ANY PREVIOUS PERMIT ISSUED TO THE APPLICANT OR THE PERMITTEE;
 PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE REQUIRED TO DENY  OR
 SUSPEND  SUCH  PERMIT  IF THE DEPARTMENT DETERMINES SUCH PERMIT TO BE IN
 THE PUBLIC INTEREST OR FOR PUBLIC HEALTH AND SAFETY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15563-03-0

co-Sponsors

2019-S7895A (ACTIVE) - Details

See Assembly Version of this Bill:: A10277
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §70-0115, En Con L

2019-S7895A (ACTIVE) - Summary

2019-S7895A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7895a              REVISED 07/20/2020

SPONSOR: METZGER
 
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:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2019-S7895A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7895--A
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by Sens. METZGER, SKOUFIS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 70-0115 of the environmental  conservation  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  THE  DEPARTMENT SHALL DENY OR SUSPEND A PERMIT IF THE APPLICANT OR
 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,  AND, AFTER A HEARING OR AN OPPORTUNITY FOR THE APPLICANT
 OR PERMITTEE TO BE HEARD, THE DEPARTMENT MAKES A  WRITTEN  DETERMINATION
 THAT  SUCH  CRIMINAL OFFENSE IS RELATED TO, INVOLVES, OR ARISES FROM THE
 ISSUANCE OF SUCH PERMIT, OR ANY PREVIOUS PERMIT ISSUED TO THE  APPLICANT
 OR  THE  PERMITTEE;  PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE
 REQUIRED TO DENY OR SUSPEND SUCH PERMIT  IF  THE  DEPARTMENT  DETERMINES
 SUCH  PERMIT TO BE IN THE PUBLIC INTEREST OR FOR PUBLIC HEALTH AND SAFE-
 TY.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15563-05-0

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Senate Bill S7895A

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Sponsored By

Jen Metzger

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

James Skoufis

2019-S7895 - Details

2019-S7895 - Summary

2019-S7895 - Sponsor Memo

2019-S7895 - Bill Text download pdf

co-Sponsors

David Carlucci

James Skoufis

2019-S7895A (ACTIVE) - Details

2019-S7895A (ACTIVE) - Summary

2019-S7895A (ACTIVE) - Sponsor Memo

2019-S7895A (ACTIVE) - Bill Text download pdf

Comments