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