Assembly Bill A5790A

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

                                 5790--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the Suffolk county tax act, in relation to the sale of
  delinquent tax liens on brownfields property; and to amend the naviga-
  tion law, in relation to the liability of a public corporation for the
  discharge of petroleum

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

  Section  1.  Chapter  311 of the laws of 1920 constituting the Suffolk
county tax act is amended by adding  a  new  section  46-a  to  read  as
follows:
  S  46-A.  THE  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  PURSUANT  TO  SECTION  27-1405  OF  THE ENVIRONMENTAL
CONSERVATION LAW, EXCEPT SUPERFUND SITES PLACED ON THE  U.S.    ENVIRON-
MENTAL  PROTECTION  AGENCY'S  (USEPA)  NATIONAL  PRIORITY  LIST (NPL) AS
DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,  COMPENSATION,  AND
LIABILITIES  ACT  OF  1980  TO CLEAN UP ABANDONED HAZARDOUS WASTE SITES,
HELD BY SUCH COUNTY TO ONE  OR  MORE  PRIVATE  PARTIES  SUBJECT  TO  THE
FOLLOWING CONDITIONS:
  (A)  THE  CONSIDERATION  TO  BE PAID MAY BE MORE OR LESS THAN THE FACE
AMOUNT OF THE TAX LIENS SOLD.
  (B) 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 TITLE 14
OF ARTICLE 27 OF THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  TO  PROMOTE
INVESTMENT IN AND DEVELOPMENT OF SUCH PARCELS.
  (C) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09473-02-3
              

A. 5790--A                          2

BY SUBDIVISION 2 OF SECTION 1190 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.
  (D)  THE  SALE OF A TAX LIEN PURSUANT TO THIS ACT SHALL NOT OPERATE TO
SHORTEN THE OTHERWISE APPLICABLE REDEMPTION PERIOD OR CHANGE THE  OTHER-
WISE APPLICABLE INTEREST RATE.
  (E)  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 1194 OF THE REAL PROPERTY TAX LAW. THE PROCEDURE  IN
SUCH  ACTION SHALL BE THE PROCEDURE PRESCRIBED BY ARTICLE 13 OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW FOR THE FORECLOSURE  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.
  (F) THE PROVISIONS OF TITLE 5 OF ARTICLE 11 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 ACT.
  S 2. Section 181 of the navigation law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SECTION, A PUBLIC
CORPORATION SHALL NOT BE LIABLE FOR THE DISCHARGE OF PETROLEUM AT A SITE
IF SUCH PUBLIC CORPORATION ACQUIRED SUCH SITE  INVOLUNTARILY,  AND  SUCH
PUBLIC  CORPORATION  RETAINED  SUCH  SITE  WITHOUT  PARTICIPATING IN THE
DEVELOPMENT OF SUCH SITE. THIS EXEMPTION SHALL NOT APPLY TO  ANY  PUBLIC
CORPORATION  THAT  HAS  (A)  CAUSED  OR  CONTRIBUTED TO THE DISCHARGE OF
PETROLEUM FROM OR AT THE SITE,  (B)  PURCHASED,  SOLD,  REFINED,  TRANS-
PORTED,  OR DISCHARGED PETROLEUM FROM OR AT SUCH SITE, OR (C) CAUSED THE
PURCHASE, SALE, REFINEMENT, TRANSPORTATION, OR  DISCHARGE  OF  PETROLEUM
FROM  OR AT SUCH SITE. THE TERMS "PARTICIPATION IN DEVELOPMENT," "PUBLIC
CORPORATION" AND "INVOLUNTARY ACQUISITION OF OWNERSHIP OR CONTROL" SHALL
HAVE THE SAME MEANINGS AS THOSE TERMS ARE DEFINED IN SUBDIVISION TWO  OF
SECTION 27-1323 OF THE ENVIRONMENTAL CONSERVATION LAW. HOWEVER, "PARTIC-
IPATION IN DEVELOPMENT" SHALL NOT INCLUDE IMPROVEMENTS WHICH ARE PART OF
A CLEANUP AND REMOVAL OF A DISCHARGE OF PETROLEUM PURSUANT TO THIS ARTI-
CLE.
  S 3. This act shall take effect immediately.