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

                                   827

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  LIFTON, SWEENEY, COLTON, SCHIMEL, ROSENTHAL,
  GALEF, ABINANTI, TITONE -- Multi-Sponsored by --  M.  of  A.  GUNTHER,
  HEASTIE  --  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:

  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

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

                                                           LBD02456-01-3

A. 827                              2

TO THE ENVIRONMENTAL LIEN WITHIN THIRTY DAYS OF SUCH FILING  IN  ACCORD-
ANCE WITH THE PROVISIONS OF SECTION ELEVEN OF THE LIEN LAW.
  (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.

A. 827                              3

  4.  ENFORCEMENT  OF  ENVIRONMENTAL  LIEN. AN ENVIRONMENTAL LIEN MAY BE
ENFORCED AGAINST THE PROPERTY SPECIFIED IN THE NOTICE  OF  ENVIRONMENTAL
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.