BILL NUMBER: S3575
SPONSOR: SKOUFIS
 
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.