senate Bill S5054A

2013-2014 Legislative Session

Relates to environmental restoration investigation projects upon parcels in tax lien foreclosure proceedings

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jun 21, 2013 committed to rules
Jun 19, 2013 amended on third reading 5054a
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.821
May 07, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S5054 - Bill Details

See Assembly Version of this Bill:
A7249B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §56-0508, En Con L

S5054 - Bill Texts

view summary

Relates to environmental restoration investigation projects upon parcels in tax lien foreclosure proceedings.

view sponsor memo
BILL NUMBER:S5054

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to environmental restoration investigation projects upon
parcels in tax lien foreclosure proceedings

PURPOSE OR GENERAL IDEA OF BILL: To grant the City of New York
authority to perform environmental restoration investigations for
certain properties in foreclosure.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 56-0508 of the environmental conservation law
to allow the city of New York to obtain temporary incidents of
ownership to a parcel in tax lien foreclosure proceedings for the sole
purpose of entering the parcel to conduct an environmental restoration
investigation of such property.

Section 2 amends subdivision 5 of section 56-0508 of the environmental
conservation law to provide that the cost of the investigation would
be added to the taxes owed to the City.

Section 3 provides the effective date.

JUSTIFICATION: Uncertainty about contamination and contamination
levels is the main challenge to reinvestment in contaminated or
potentially contaminated tax delinquent properties. To address this
problem, section 56-0508 of the Environmental Conservation Law
authorizes a court in a proceeding to foreclose a tax lien to grant
temporary incidents of ownership to a taxing district for the sole
purpose of entering the property to conduct an environmental
restoration investigation. When the investigation is complete, the
taxing district files the final report of the investigation with the
court within thirty days and adds the cost of the investigation to the
tax lien, thereby allowing a local government to recoup its
investigation costs. For a technical reason, New York City cannot use
section 56-0508 to conduct site investigations of tax lien properties.
As currently written, section 56-0508 applies only to taxing districts
that foreclose on tax liens. Rather than foreclose directly on tax
liens, the City sells tax liens to a trust that forecloses on the
liens.

The amendment proposed in this bill would put the City on the same
footing as all other local governments across the State of New York.
The information from a site investigation would reveal the extent of
property contamination and approximate remediation costs,
substantially reducing the uncertainty over the cost to redevelop a
tax lien property. With this information, the City and the trust that
holds the tax lien will have confidence that the property can be
auctioned to a new developer who will be able to remediate a property
and proceed with a quality redevelopment project.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to New York State.

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  5054

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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 envi-
  ronmental restoration investigation projects upon parcels in tax  lien
  foreclosure proceedings

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

  Section 1. Section 56-0508 of the environmental  conservation  law  is
amended by adding a new subdivision 1-a to read as follows:
  1-A.  IN  A  PROCEEDING  TO  FORECLOSE  A  TAX  LIEN BY AN ENTITY THAT
ACQUIRED THE TAX LIEN OF A CITY HAVING A POPULATION OF  ONE  MILLION  OR
MORE,  SUCH  CITY  MAY UPON TWENTY DAYS NOTICE TO ALL PARTIES HAVING ANY
RIGHT, TITLE, OR INTEREST IN, OR LIEN  UPON  SUCH  PARCEL,  MOVE,  AT  A
SPECIAL  TERM  IN  THE  COURT  IN  WHICH  THE FORECLOSURE PROCEEDING WAS
BROUGHT, FOR AN ORDER GRANTING SUCH  CITY  THE  TEMPORARY  INCIDENTS  OF
OWNERSHIP OF SUCH PARCEL FOR THE SOLE PURPOSE OF ENTERING THE PARCEL AND
CONDUCTING  AN ENVIRONMENTAL RESTORATION INVESTIGATION PROJECT UPON SUCH
PARCEL. FOR PURPOSES OF THIS SECTION, THE TERM "TAXING  DISTRICT"  SHALL
INCLUDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  S  2.  Subdivision 5 of section 56-0508 of the environmental conserva-
tion law, as added by section 7 of part D of chapter 1 of  the  laws  of
2003, is amended to read as follows:
  5.  all  costs  associated with any environmental restoration investi-
gation project conducted pursuant to the authority of this section shall
be added to the taxes owed to, and the tax lien of, the taxing  district
that  undertook  the  environmental  restoration  investigation  project
pursuant to SUBDIVISION ONE OF this section OR SHALL  BE  ADDED  TO  THE
TAXES  OWED  TO  THE  CITY  THAT UNDERTOOK THE ENVIRONMENTAL RESTORATION
INVESTIGATION PROJECT PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION.
  S 3. This act shall take effect immediately and  shall  apply  to  any
proceeding  to  foreclose a tax lien pending on or commenced on or after
such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10728-01-3

S5054A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7249B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §56-0508, En Con L

S5054A (ACTIVE) - Bill Texts

view summary

Relates to environmental restoration investigation projects upon parcels in tax lien foreclosure proceedings.

view sponsor memo
BILL NUMBER:S5054A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to environmental restoration investigation projects upon
parcels in tax lien foreclosure proceedings

PURPOSE OR GENERAL IDEA OF BILL: To grant the City of New York
authority to perform environmental restoration investigations for
certain properties in foreclosure.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 56-0508 of the environmental conservation law
to add a new subdivision 1-a to allow, in a foreclosure proceeding
brought by an entity that has acquired a tax lien, the city of New
York to move obtain temporary incidents of ownership to a parcel for
the sole purpose of entering the parcel to conduct an environmental
restoration investigation of such property.

Section 2 amends subdivision 5 of section 56-0508 of the environmental
conservation law to provide that the cost of the investigation would
be added to the taxes owed to the City and shall be separate from the
tax lien in foreclosure.

Section 3 sets forth the effective date.

JUSTIFICATION: Uncertainty about contamination and contamination
levels is the main challenge to reinvestment in contaminated or
potentially contaminated tax delinquent properties. To address this
problem, section 56-0508 of the Environmental Conservation Law
authorizes a court in a proceeding to foreclose a tax lien to grant
temporary incidents of ownership to a taxing district for the sole
purpose of entering the property to conduct an environmental
restoration investigation. When the investigation is complete, the
taxing district files the final report of the investigation with the
court within thirty days and adds the cost of the investigation to the
tax lien, thereby allowing a local government to recoup its
investigation costs. For a technical reason, New York City cannot use
section 56-0508 to conduct site investigations of tax lien properties.
As currently written, section 56-0508 applies only to taxing districts
that foreclose on tax liens. Rather than foreclose directly on tax
liens, the City sells tax liens to a trust that forecloses on the
liens.

The amendment proposed in this bill would put the City in a position
comparable to that of all other local governments across the State of
New York. The information from a site investigation would reveal the
extent of property contamination and approximate remediation costs,
substantially reducing the uncertainty over the cost to redevelop a
tax lien property. With this information, the City and the entity that
holds the tax lien will have confidence that the property can be
auctioned to a new owner who will be able to remediate environmental
damage and proceed with appropriate redevelopment of the property,
bringing it back into productive use and minimizing any long-term
hazard.

PRIOR LEGISLATIVE HISTORY: New bill.


FISCAL IMPLICATIONS: None to New York State.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to any tax lien purchased on or after such date.

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

                                 5054--A
    Cal. No. 821

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental  restoration investigation projects upon parcels in tax lien
  foreclosure proceedings

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

  Section  1.  Section  56-0508 of the environmental conservation law is
amended by adding a new subdivision 1-a to read as follows:
  1-A. IN A PROCEEDING TO  FORECLOSE  A  TAX  LIEN  BY  AN  ENTITY  THAT
ACQUIRED  THE  TAX  LIEN OF A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, SUCH CITY MAY UPON TWENTY DAYS NOTICE TO ALL  PARTIES  HAVING  ANY
RIGHT,  TITLE,  OR  INTEREST  IN,  OR  LIEN UPON SUCH PARCEL, MOVE, AT A
SPECIAL TERM IN THE  COURT  IN  WHICH  THE  FORECLOSURE  PROCEEDING  WAS
BROUGHT,  FOR  AN  ORDER  GRANTING  SUCH CITY THE TEMPORARY INCIDENTS OF
OWNERSHIP OF SUCH PARCEL FOR THE SOLE PURPOSE OF ENTERING THE PARCEL AND
CONDUCTING AN ENVIRONMENTAL RESTORATION INVESTIGATION PROJECT UPON  SUCH
PARCEL.  FOR  PURPOSES OF THIS SECTION, THE TERM "TAXING DISTRICT" SHALL
INCLUDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  S 2. Subdivision 5 of section 56-0508 of the  environmental  conserva-
tion  law,  as  added by section 7 of part D of chapter 1 of the laws of
2003, is amended to read as follows:
  5. all costs associated with any  environmental  restoration  investi-
gation project conducted pursuant to the authority of this section shall
be  added to the taxes owed to, and the tax lien of, the taxing district
that  undertook  the  environmental  restoration  investigation  project
pursuant  to  SUBDIVISION  ONE  OF this section OR SHALL BE ADDED TO THE
TAXES OWED TO THE CITY  THAT  UNDERTOOK  THE  ENVIRONMENTAL  RESTORATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10728-07-3

S. 5054--A                          2

INVESTIGATION  PROJECT  PURSUANT  TO  SUBDIVISION  ONE-A OF THIS SECTION
SEPARATE AND APART FROM THE TAX LIEN IN FORECLOSURE PURSUANT TO SUBDIVI-
SION ONE-A OF THIS SECTION.
  S 3. This act shall take effect immediately and shall apply to any tax
lien purchased on or after such date.

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