S T A T E O F N E W Y O R K
________________________________________________________________________
4952
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
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Introduced by Sen. THOMPSON -- 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 liens
against expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 27-1325 to read as follows:
S 27-1325. LIENS AGAINST EXPENDITURES.
1. ENVIRONMENTAL LIEN. (A) THE STATE OF NEW YORK SHALL BE ENTITLED TO
A LIEN UPON ALL REAL PROPERTY OF ANY PERSON FROM WHOM THE STATE MAY
RECOVER COSTS UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW OR
ANY PROVISION OF THIS CHAPTER FOR ANY OR ALL EXPENDITURES MADE BY THE
STATE IN ACCORDANCE WITH THIS TITLE OR SECTION NINETY-SEVEN-B OF THE
STATE FINANCE LAW. THIS LIEN SHALL CONSTITUTE A CONTINUING REGULATORY
OBLIGATION IMPOSED BY THE STATE IN SUPPORT OF ITS GOVERNMENTAL INTEREST
IN PUBLIC HEALTH AND SAFETY AND IN THE ENFORCEMENT OF THE PROVISIONS OF
THIS CHAPTER.
(B) AN ENVIRONMENTAL LIEN SHALL ATTACH WHEN:
(1) EXPENDITURES ARE MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE
OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW;
(2) THE PERSON OR PERSONS REFERRED TO IN PARAGRAPH (A) OF THIS SUBDI-
VISION FAILS TO PAY SUCH COSTS WITHIN NINETY DAYS AFTER A WRITTEN DEMAND
THEREFOR BY THE DEPARTMENT IS MAILED BY CERTIFIED OR REGISTERED MAIL,
RETURN RECEIPT REQUESTED; AND
(3) A NOTICE OF ENVIRONMENTAL LIEN IS FILED AS PROVIDED IN SUBDIVISION
TWO OF THIS SECTION; PROVIDED, HOWEVER, THAT A COPY OF THE NOTICE OF
ENVIRONMENTAL LIEN IS SERVED UPON THE OWNER OF THE REAL PROPERTY SUBJECT
TO THE ENVIRONMENTAL LIEN WITHIN THIRTY DAYS OF SUCH FILING IN ACCORD-
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.
LBD05150-01-9
S. 4952 2
(C) AN ENVIRONMENTAL LIEN SHALL CONTINUE AGAINST THE REAL PROPERTY
UNTIL:
(1) THE EXPENDITURES MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE
OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW ARE RECOVERED OR
BECOME UNRECOVERABLE;
(2) THE LIEN IS RELEASED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
SION;
(3) THE LIEN IS DISCHARGED BY PAYMENT OF MONEYS INTO COURT; OR
(4) THE LIEN IS OTHERWISE VACATED BY COURT ORDER.
(D) UPON THE OCCURRENCE OF ANY OF THE SUBPARAGRAPHS OF PARAGRAPH (C)
OF THIS SUBDIVISION, EXCEPT WHERE THE LIEN IS VACATED BY COURT ORDER,
THE COMMISSIONER SHALL EXECUTE THE RELEASE OF AN ENVIRONMENTAL LIEN AND
FILE THE RELEASE AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. THE
COMMISSIONER MAY RELEASE AN ENVIRONMENTAL LIEN WHERE:
(1) A LEGALLY ENFORCEABLE AGREEMENT SATISFACTORY TO THE COMMISSIONER
HAS BEEN EXECUTED RELATING TO REMEDIATION OF THE SITE AND DAMAGE COSTS
OR REIMBURSING THE FUND FOR EXPENDITURES MADE BY THE STATE IN ACCORDANCE
WITH THIS TITLE OR SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW; OR
(2) THE ATTACHMENT OR ENFORCEMENT OF THE ENVIRONMENTAL LIEN IS DETER-
MINED BY THE COMMISSIONER NOT TO BE IN THE PUBLIC INTEREST.
(E) 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, WHOSE INTEREST IS PERFECTED BEFORE
A LIEN NOTICE HAS BEEN FILED AS PROVIDED IN SUBDIVISION THREE OF THIS
SECTION.
2. ENVIRONMENTAL LIEN NOTICE; CONTENTS. A NOTICE OF ENVIRONMENTAL LIEN
MUST STATE:
(A) THAT THE LIENOR IS THE STATE OF NEW YORK;
(B) THE NAME OF THE RECORD OWNER OF THE REAL PROPERTY ON WHICH THE
ENVIRONMENTAL LIEN HAS ATTACHED;
(C) THE REAL PROPERTY SUBJECT TO THE LIEN, WITH A DESCRIPTION THEREOF
SUFFICIENT FOR IDENTIFICATION;
(D) THAT THE REAL PROPERTY DESCRIBED IN THE NOTICE IS PROPERTY OF A
PERSON FROM WHOM THE STATE MAY RECOVER COSTS UNDER SECTION NINETY-SEV-
EN-B OF THE STATE FINANCE LAW OR ANY PROVISION OF THIS CHAPTER FOR ANY
OR ALL EXPENDITURES MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE OR
SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW;
(E) THAT THE OWNER IS POTENTIALLY RESPONSIBLE FOR SUCH COSTS AS
DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION; AND
(F) THAT AN ENVIRONMENTAL LIEN HAS ATTACHED TO THE DESCRIBED REAL
PROPERTY.
3. FILING OF NOTICE OF ENVIRONMENTAL LIEN; FILING OF RELEASE. (A) A
NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED WITHIN SIX YEARS FROM THE
TIME EXPENDITURES ARE MADE BY THE STATE IN ACCORDANCE WITH THIS TITLE OR
SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW IN THE CLERK'S OFFICE OF
THE COUNTY WHERE THE PROPERTY IS SITUATED. IF SUCH PROPERTY IS SITUATED
IN TWO OR MORE COUNTIES, THE NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED
IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES. THE NOTICE OF LIEN
SHALL BE INDEXED BY THE COUNTY CLERK IN ACCORDANCE WITH THE PROVISIONS
OF SECTION TEN OF THE LIEN LAW.
(B) A RELEASE OF AN ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF EACH COUNTY WHERE THE NOTICE OF ENVIRONMENTAL LIEN WAS FILED
AND SHALL BE INDEXED IN THE MANNER PRESCRIBED FOR INDEXING ENVIRONMENTAL
LIENS.
4. ENFORCEMENT OF ENVIRONMENTAL LIEN. AN ENVIRONMENTAL LIEN MAY BE
ENFORCED AGAINST THE PROPERTY SPECIFIED IN THE NOTICE OF ENVIRONMENTAL
S. 4952 3
LIEN, AND AN ENVIRONMENTAL LIEN MAY BE VACATED OR DISCHARGED, AS
PRESCRIBED IN ARTICLE THREE OF THE LIEN LAW; PROVIDED, HOWEVER, THAT
NOTHING IN THIS ARTICLE OR IN ARTICLE THREE OF THE LIEN LAW SHALL AFFECT
THE RIGHT OF THE STATE TO BRING AN ACTION TO RECOVER COSTS AS PROVIDED
FOR IN SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW OR THIS CHAPTER.
5. AMOUNTS RECEIVED TO SATISFY LIEN. AMOUNTS RECEIVED BY THE COMMIS-
SIONER TO SATISFY ALL OR PART OF AN ENVIRONMENTAL LIEN SHALL BE DEPOSIT-
ED IN THE STATE TREASURY AND CREDITED TO THE HAZARDOUS WASTE REMEDIAL
FUND ESTABLISHED IN SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 2. This act shall take effect immediately.
