S T A T E   O F   N E W   Y O R K
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                                  9747

                          I N  A S S E M B L Y

                             March 29, 2012
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Real Property Taxation

AN  ACT  to amend the environmental conservation law, in relation to the
  sale of delinquent tax liens on brownfields property

  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 27-1437 to read as follows:
S 27-1437. DELINQUENT TAX LIENS ON BROWNFIELDS PROPERTY.
  ANY COUNTY SHALL HAVE THE RIGHT TO ENTER INTO CONTRACTS TO  SELL  SOME
OR  ALL OF ITS DELINQUENT TAX LIENS ON PROPERTY IDENTIFIED AS BROWNFIELD
SITES AS DEFINED IN SECTION 27-1405  OF  THIS  TITLE,  EXCEPT  SUPERFUND
SITES  PLACED  ON  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY'S
NATIONAL PRIORITY LIST AS DEFINED  BY  THE  COMPREHENSIVE  ENVIRONMENTAL
RESPONSE,  COMPENSATION,  AND  LIABILITIES ACT OF 1980 TO CLEAN UP ABAN-
DONED HAZARDOUS WASTE SITES, HELD BY SUCH COUNTY TO ONE OR MORE  PRIVATE
PARTIES SUBJECT TO THE FOLLOWING CONDITIONS:
  1.  THE  CONSIDERATION  TO  BE  PAID MAY BE MORE OR LESS THAN THE FACE
AMOUNT OF THE TAX LIENS SOLD.
  2. THE COUNTY SHALL SET THE TERMS AND CONDITIONS OF  THE  CONTRACT  OF
SALE  AND ALL PRIOR CONTRACTS OF SALE SHALL BE DEEMED VALID AND SHALL BE
ENFORCED UNDER THIS ACT AND THAT THE COUNTY SHALL REQUIRE THE  PURCHASER
TO  REMEDIATE  THE  PROPERTY  IN  ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE AND TO PROMOTE INVESTMENT IN AND DEVELOPMENT OF SUCH PARCELS.
  3. THE COUNTY SHALL PROVIDE PROPERTY OWNERS WITH AT LEAST THIRTY  DAYS
ADVANCE  NOTICE  OF SUCH SALE IN THE SAME FORM AND MANNER AS IS PROVIDED
BY SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY OF THE REAL PROPERTY
TAX LAW AND SHALL BE DONE BY REGULAR MAIL TO  THE  LAST  KNOWN  ADDRESS.
FAILURE TO PROVIDE SUCH NOTICE BY THE COUNTY SHALL NOT IN ANY WAY AFFECT
THE VALIDITY OF ANY SUCH SALE OF A TAX LIEN OR TAX LIENS OR THE VALIDITY
OF THE TAXES OR INTEREST PRESCRIBED BY LAW WITH RESPECT THERETO.
  4.  THE  SALE OF A TAX LIEN PURSUANT TO THIS SECTION SHALL NOT OPERATE
TO SHORTEN THE OTHERWISE APPLICABLE  REDEMPTION  PERIOD  OR  CHANGE  THE
OTHERWISE APPLICABLE INTEREST RATE.

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

                                                           LBD11618-02-1

A. 9747                             2

  5. UPON THE EXPIRATION OF THE REDEMPTION PERIOD PRESCRIBED BY LAW, THE
PURCHASER  OF  A  DELINQUENT TAX LIEN, OR ITS SUCCESSORS OR ASSIGNS, MAY
FORECLOSE THE LIEN AS IN AN ACTION TO FORECLOSE A MORTGAGE  AS  PROVIDED
IN  SECTION ELEVEN HUNDRED NINETY-FOUR OF THE REAL PROPERTY TAX LAW. THE
PROCEDURE  IN  SUCH  ACTION SHALL BE THE PROCEDURE PRESCRIBED BY ARTICLE
THIRTEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW FOR THE  FORE-
CLOSURE  OF  MORTGAGES.  AT  ANY  TIME  FOLLOWING THE COMMENCEMENT OF AN
ACTION TO FORECLOSE A LIEN, THE AMOUNT REQUIRED TO REDEEM THE  LIEN,  OR
THE  AMOUNT  RECEIVED  UPON SALE OF A PROPERTY, SHALL INCLUDE ATTORNEY'S
FEES, COURT COSTS, TITLE  FEES,  SERVICE  OF  PROCESS  FEES,  AND  OTHER
DISBURSEMENTS  ALLOWED  BY  A  COURT  OF COMPETENT JURISDICTION UPON THE
FILING OF SAID COURT WITH PROOF OF SAID EXPENSES.
  6. THE PROVISIONS OF TITLE FIVE OF ARTICLE ELEVEN OF THE REAL PROPERTY
TAX LAW SHALL APPLY SO FAR AS IS PRACTICABLE TO A CONTRACT FOR THE  SALE
OF TAX LIENS PURSUANT TO THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.