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Assembly Bill A6785

2009-2010 Legislative Session

Provides environmental liens shall have priority over other liens except certain mortgages and liens for taxes on real property in favor of an assessing unit

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Archive: Last Bill Status - In Assembly Committee

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2009-A6785 (ACTIVE) - Details

See Senate Version of this Bill:
S3026
Current Committee:
Assembly Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd ยง181-a, Nav L

2009-A6785 (ACTIVE) - Summary

Provides environmental liens shall have priority over other liens except certain mortgages and liens for taxes on real property in favor of an assessing unit, school district, special district, county or other taxing unit.

2009-A6785 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6785

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- (at request of the State Comptroller)
  -- read once and referred to the Committee on Environmental  Conserva-
  tion

AN  ACT to amend the navigation law, in relation to the lien priority of
  liens of the New York environmental protection and spill  compensation
  fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 181-a of the  navigation  law,  as
added  by chapter 488 of the laws of 1991, is amended and a new subdivi-
sion 5 is added to read as follows:
  4. An environmental lien [is  subject  to  the  rights  of  any  other
person,  including an owner, purchaser, holder of a mortgage or security
interest, or judgment lien creditor,] SHALL HAVE PRIORITY OVER ALL OTHER
LIENS EXCEPT:
  (A) MORTGAGES whose interest is perfected before  a  lien  notice  has
been filed as provided in section one hundred eighty-one-c of this part;
AND
  (B)  LIENS  FOR  TAXES  ON THE REAL PROPERTY IN FAVOR OF ANY ASSESSING
UNIT, SCHOOL DISTRICT, SPECIAL DISTRICT, COUNTY OR OTHER TAXING UNIT.
  5. (A) IF EXECUTION UPON A JUDGMENT FOR THE RECOVERY OF  THE  EXPENSES
OF  ANY  SUCH CLEANUP AND REMOVAL COSTS AND DAMAGE COSTS INCURRED BY THE
FUND IS RETURNED WHOLLY OR  PARTIALLY  UNSATISFIED,  SUCH  JUDGMENT,  IF
DOCKETED IN THE PLACE AND MANNER REQUIRED BY LAW TO MAKE A JUDGMENT OF A
COURT  OF  RECORD  A  LIEN  UPON REAL PROPERTY, A COPY OF WHICH SHALL BE
DELIVERED TO THE DEPARTMENT OF AUDIT AND CONTROL, SHALL BE A FIRST  LIEN
UPON  SUCH  PREMISES, HAVING PREFERENCE OVER ANY AND ALL OTHER LIENS AND
ENCUMBRANCES.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  SUCH  LIEN SHALL NOT HAVE PREFERENCE OVER ANY: (I) PRIOR RECORDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09516-04-9

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