Bill Text: NY A00827 | 2013-2014 | General Assembly | Introduced
Bill Title: Entitles the state to a lien upon all real property of any person from whom the state may recover costs under the hazardous waste remedial fund or the environmental conservation law for certain expenditures made by the state.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A00827 Detail]
Download: New_York-2013-A00827-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
827
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. LIFTON, SWEENEY, COLTON, SCHIMEL, ROSENTHAL,
GALEF, ABINANTI, TITONE -- Multi-Sponsored by -- M. of A. GUNTHER,
HEASTIE -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to liens
against expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 27-1325 to read as follows:
3 S 27-1325. LIENS AGAINST EXPENDITURES.
4 1. ENVIRONMENTAL LIEN. (A) THE STATE OF NEW YORK SHALL BE ENTITLED TO
5 A LIEN UPON ALL REAL PROPERTY OF ANY PERSON FROM WHOM THE STATE MAY
6 RECOVER COSTS UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW OR
7 ANY PROVISION OF THIS CHAPTER FOR ANY OR ALL EXPENDITURES MADE BY THE
8 STATE IN ACCORDANCE WITH THIS TITLE OR SECTION NINETY-SEVEN-B OF THE
9 STATE FINANCE LAW. THIS LIEN SHALL CONSTITUTE A CONTINUING REGULATORY
10 OBLIGATION IMPOSED BY THE STATE IN SUPPORT OF ITS GOVERNMENTAL INTEREST
11 IN PUBLIC HEALTH AND SAFETY AND IN THE ENFORCEMENT OF THE PROVISIONS OF
12 THIS CHAPTER.
13 (B) AN ENVIRONMENTAL LIEN SHALL ATTACH WHEN:
14 (1) EXPENDITURES ARE MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE
15 OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW;
16 (2) THE PERSON OR PERSONS REFERRED TO IN PARAGRAPH (A) OF THIS SUBDI-
17 VISION FAILS TO PAY SUCH COSTS WITHIN NINETY DAYS AFTER A WRITTEN DEMAND
18 THEREFOR BY THE DEPARTMENT IS MAILED BY CERTIFIED OR REGISTERED MAIL,
19 RETURN RECEIPT REQUESTED; AND
20 (3) A NOTICE OF ENVIRONMENTAL LIEN IS FILED AS PROVIDED IN SUBDIVISION
21 TWO OF THIS SECTION; PROVIDED, HOWEVER, THAT A COPY OF THE NOTICE OF
22 ENVIRONMENTAL LIEN IS SERVED UPON THE OWNER OF THE REAL PROPERTY SUBJECT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02456-01-3
A. 827 2
1 TO THE ENVIRONMENTAL LIEN WITHIN THIRTY DAYS OF SUCH FILING IN ACCORD-
2 ANCE WITH THE PROVISIONS OF SECTION ELEVEN OF THE LIEN LAW.
3 (C) AN ENVIRONMENTAL LIEN SHALL CONTINUE AGAINST THE REAL PROPERTY
4 UNTIL:
5 (1) THE EXPENDITURES MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE
6 OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW ARE RECOVERED OR
7 BECOME UNRECOVERABLE;
8 (2) THE LIEN IS RELEASED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
9 SION;
10 (3) THE LIEN IS DISCHARGED BY PAYMENT OF MONEYS INTO COURT; OR
11 (4) THE LIEN IS OTHERWISE VACATED BY COURT ORDER.
12 (D) UPON THE OCCURRENCE OF ANY OF THE SUBPARAGRAPHS OF PARAGRAPH (C)
13 OF THIS SUBDIVISION, EXCEPT WHERE THE LIEN IS VACATED BY COURT ORDER,
14 THE COMMISSIONER SHALL EXECUTE THE RELEASE OF AN ENVIRONMENTAL LIEN AND
15 FILE THE RELEASE AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. THE
16 COMMISSIONER MAY RELEASE AN ENVIRONMENTAL LIEN WHERE:
17 (1) A LEGALLY ENFORCEABLE AGREEMENT SATISFACTORY TO THE COMMISSIONER
18 HAS BEEN EXECUTED RELATING TO REMEDIATION OF THE SITE AND DAMAGE COSTS
19 OR REIMBURSING THE FUND FOR EXPENDITURES MADE BY THE STATE IN ACCORDANCE
20 WITH THIS TITLE OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW; OR
21 (2) THE ATTACHMENT OR ENFORCEMENT OF THE ENVIRONMENTAL LIEN IS DETER-
22 MINED BY THE COMMISSIONER NOT TO BE IN THE PUBLIC INTEREST.
23 (E) AN ENVIRONMENTAL LIEN IS SUBJECT TO THE RIGHTS OF ANY OTHER
24 PERSON, INCLUDING AN OWNER, PURCHASER, HOLDER OF A MORTGAGE OR SECURITY
25 INTEREST, OR JUDGMENT LIEN CREDITOR, WHOSE INTEREST IS PERFECTED BEFORE
26 A LIEN NOTICE HAS BEEN FILED AS PROVIDED IN SUBDIVISION THREE OF THIS
27 SECTION.
28 2. ENVIRONMENTAL LIEN NOTICE; CONTENTS. A NOTICE OF ENVIRONMENTAL LIEN
29 MUST STATE:
30 (A) THAT THE LIENOR IS THE STATE OF NEW YORK;
31 (B) THE NAME OF THE RECORD OWNER OF THE REAL PROPERTY ON WHICH THE
32 ENVIRONMENTAL LIEN HAS ATTACHED;
33 (C) THE REAL PROPERTY SUBJECT TO THE LIEN, WITH A DESCRIPTION THEREOF
34 SUFFICIENT FOR IDENTIFICATION;
35 (D) THAT THE REAL PROPERTY DESCRIBED IN THE NOTICE IS PROPERTY OF A
36 PERSON FROM WHOM THE STATE MAY RECOVER COSTS UNDER SECTION NINETY-SEV-
37 EN-B OF THE STATE FINANCE LAW OR ANY PROVISION OF THIS CHAPTER FOR ANY
38 OR ALL EXPENDITURES MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE OR
39 SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW;
40 (E) THAT THE OWNER IS POTENTIALLY RESPONSIBLE FOR SUCH COSTS AS
41 DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION; AND
42 (F) THAT AN ENVIRONMENTAL LIEN HAS ATTACHED TO THE DESCRIBED REAL
43 PROPERTY.
44 3. FILING OF NOTICE OF ENVIRONMENTAL LIEN; FILING OF RELEASE. (A) A
45 NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED WITHIN SIX YEARS FROM THE
46 TIME EXPENDITURES ARE MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE OR
47 SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW IN THE CLERK'S OFFICE OF
48 THE COUNTY WHERE THE PROPERTY IS SITUATED. IF SUCH PROPERTY IS SITUATED
49 IN TWO OR MORE COUNTIES, THE NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED
50 IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES. THE NOTICE OF LIEN
51 SHALL BE INDEXED BY THE COUNTY CLERK IN ACCORDANCE WITH THE PROVISIONS
52 OF SECTION TEN OF THE LIEN LAW.
53 (B) A RELEASE OF AN ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
54 OFFICE OF EACH COUNTY WHERE THE NOTICE OF ENVIRONMENTAL LIEN WAS FILED
55 AND SHALL BE INDEXED IN THE MANNER PRESCRIBED FOR INDEXING ENVIRONMENTAL
56 LIENS.
A. 827 3
1 4. ENFORCEMENT OF ENVIRONMENTAL LIEN. AN ENVIRONMENTAL LIEN MAY BE
2 ENFORCED AGAINST THE PROPERTY SPECIFIED IN THE NOTICE OF ENVIRONMENTAL
3 LIEN, AND AN ENVIRONMENTAL LIEN MAY BE VACATED OR DISCHARGED, AS
4 PRESCRIBED IN ARTICLE THREE OF THE LIEN LAW; PROVIDED, HOWEVER, THAT
5 NOTHING IN THIS ARTICLE OR IN ARTICLE THREE OF THE LIEN LAW SHALL AFFECT
6 THE RIGHT OF THE STATE TO BRING AN ACTION TO RECOVER COSTS AS PROVIDED
7 FOR IN SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW OR THIS CHAPTER.
8 5. AMOUNTS RECEIVED TO SATISFY LIEN. AMOUNTS RECEIVED BY THE COMMIS-
9 SIONER TO SATISFY ALL OR PART OF AN ENVIRONMENTAL LIEN SHALL BE DEPOSIT-
10 ED IN THE STATE TREASURY AND CREDITED TO THE HAZARDOUS WASTE REMEDIAL
11 FUND ESTABLISHED IN SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
12 S 2. This act shall take effect immediately.
