Bill Text: NY A05372 | 2015-2016 | General Assembly | Introduced

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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 8-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A05372 Detail]

Download: New_York-2015-A05372-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5372
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2015
                                      ___________
       Introduced  by  M.  of  A.  LIFTON,  COLTON,  SCHIMEL, ROSENTHAL, GALEF,
         ABINANTI, TITONE -- Multi-Sponsored by -- M. of  A.  GUNTHER  --  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
   23  TO  THE  ENVIRONMENTAL LIEN WITHIN THIRTY DAYS OF SUCH FILING IN ACCORD-
   24  ANCE WITH THE PROVISIONS OF SECTION ELEVEN OF THE LIEN LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03959-01-5
       A. 5372                             2
    1    (C) AN ENVIRONMENTAL LIEN SHALL CONTINUE  AGAINST  THE  REAL  PROPERTY
    2  UNTIL:
    3    (1)  THE  EXPENDITURES MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE
    4  OR SECTION NINETY-SEVEN-B OF THE STATE  FINANCE  LAW  ARE  RECOVERED  OR
    5  BECOME UNRECOVERABLE;
    6    (2) THE LIEN IS RELEASED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
    7  SION;
    8    (3) THE LIEN IS DISCHARGED BY PAYMENT OF MONEYS INTO COURT; OR
    9    (4) THE LIEN IS OTHERWISE VACATED BY COURT ORDER.
   10    (D)  UPON  THE OCCURRENCE OF ANY OF THE SUBPARAGRAPHS OF PARAGRAPH (C)
   11  OF THIS SUBDIVISION, EXCEPT WHERE THE LIEN IS VACATED  BY  COURT  ORDER,
   12  THE  COMMISSIONER SHALL EXECUTE THE RELEASE OF AN ENVIRONMENTAL LIEN AND
   13  FILE THE RELEASE AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.   THE
   14  COMMISSIONER MAY RELEASE AN ENVIRONMENTAL LIEN WHERE:
   15    (1)  A  LEGALLY ENFORCEABLE AGREEMENT SATISFACTORY TO THE COMMISSIONER
   16  HAS BEEN EXECUTED RELATING TO REMEDIATION OF THE SITE AND  DAMAGE  COSTS
   17  OR REIMBURSING THE FUND FOR EXPENDITURES MADE BY THE STATE IN ACCORDANCE
   18  WITH THIS TITLE OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW; OR
   19    (2)  THE ATTACHMENT OR ENFORCEMENT OF THE ENVIRONMENTAL LIEN IS DETER-
   20  MINED BY THE COMMISSIONER NOT TO BE IN THE PUBLIC INTEREST.
   21    (E) AN ENVIRONMENTAL LIEN IS  SUBJECT  TO  THE  RIGHTS  OF  ANY  OTHER
   22  PERSON,  INCLUDING AN OWNER, PURCHASER, HOLDER OF A MORTGAGE OR SECURITY
   23  INTEREST, OR JUDGMENT LIEN CREDITOR, WHOSE INTEREST IS PERFECTED  BEFORE
   24  A  LIEN  NOTICE  HAS BEEN FILED AS PROVIDED IN SUBDIVISION THREE OF THIS
   25  SECTION.
   26    2. ENVIRONMENTAL LIEN NOTICE; CONTENTS. A NOTICE OF ENVIRONMENTAL LIEN
   27  MUST STATE:
   28    (A) THAT THE LIENOR IS THE STATE OF NEW YORK;
   29    (B) THE NAME OF THE RECORD OWNER OF THE REAL  PROPERTY  ON  WHICH  THE
   30  ENVIRONMENTAL LIEN HAS ATTACHED;
   31    (C)  THE REAL PROPERTY SUBJECT TO THE LIEN, WITH A DESCRIPTION THEREOF
   32  SUFFICIENT FOR IDENTIFICATION;
   33    (D) THAT THE REAL PROPERTY DESCRIBED IN THE NOTICE IS  PROPERTY  OF  A
   34  PERSON  FROM  WHOM THE STATE MAY RECOVER COSTS UNDER SECTION NINETY-SEV-
   35  EN-B OF THE STATE FINANCE LAW OR ANY PROVISION OF THIS CHAPTER  FOR  ANY
   36  OR  ALL  EXPENDITURES MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE OR
   37  SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW;
   38    (E) THAT THE OWNER  IS  POTENTIALLY  RESPONSIBLE  FOR  SUCH  COSTS  AS
   39  DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION; AND
   40    (F)  THAT  AN  ENVIRONMENTAL  LIEN  HAS ATTACHED TO THE DESCRIBED REAL
   41  PROPERTY.
   42    3. FILING OF NOTICE OF ENVIRONMENTAL LIEN; FILING OF RELEASE.   (A)  A
   43  NOTICE  OF  ENVIRONMENTAL  LIEN SHALL BE FILED WITHIN SIX YEARS FROM THE
   44  TIME EXPENDITURES ARE MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE OR
   45  SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW IN THE CLERK'S OFFICE OF
   46  THE COUNTY WHERE THE PROPERTY IS SITUATED. IF SUCH PROPERTY IS  SITUATED
   47  IN TWO OR MORE COUNTIES, THE NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED
   48  IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES.  THE NOTICE OF LIEN
   49  SHALL  BE  INDEXED BY THE COUNTY CLERK IN ACCORDANCE WITH THE PROVISIONS
   50  OF SECTION TEN OF THE LIEN LAW.
   51    (B) A RELEASE OF AN ENVIRONMENTAL LIEN SHALL BE FILED IN  THE  CLERK'S
   52  OFFICE  OF  EACH COUNTY WHERE THE NOTICE OF ENVIRONMENTAL LIEN WAS FILED
   53  AND SHALL BE INDEXED IN THE MANNER PRESCRIBED FOR INDEXING ENVIRONMENTAL
   54  LIENS.
   55    4. ENFORCEMENT OF ENVIRONMENTAL LIEN. AN  ENVIRONMENTAL  LIEN  MAY  BE
   56  ENFORCED  AGAINST  THE PROPERTY SPECIFIED IN THE NOTICE OF ENVIRONMENTAL
       A. 5372                             3
    1  LIEN, AND AN  ENVIRONMENTAL  LIEN  MAY  BE  VACATED  OR  DISCHARGED,  AS
    2  PRESCRIBED  IN  ARTICLE  THREE  OF THE LIEN LAW; PROVIDED, HOWEVER, THAT
    3  NOTHING IN THIS ARTICLE OR IN ARTICLE THREE OF THE LIEN LAW SHALL AFFECT
    4  THE  RIGHT  OF THE STATE TO BRING AN ACTION TO RECOVER COSTS AS PROVIDED
    5  FOR IN SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW OR THIS CHAPTER.
    6    5. AMOUNTS RECEIVED TO SATISFY LIEN. AMOUNTS RECEIVED BY  THE  COMMIS-
    7  SIONER TO SATISFY ALL OR PART OF AN ENVIRONMENTAL LIEN SHALL BE DEPOSIT-
    8  ED  IN  THE  STATE TREASURY AND CREDITED TO THE HAZARDOUS WASTE REMEDIAL
    9  FUND ESTABLISHED IN SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
   10    S 2. This act shall take effect immediately.