Senate Bill S5233

2013-2014 Legislative Session

Relates to environmental studies of property contaminated by petroleum discharge

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to environmental conservation
May 14, 2013	referred to environmental conservation

2013-S5233 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Navigation Law
Laws Affected:: Amd §§176, 181 & 183, Nav L

2013-S5233 (ACTIVE) - Summary

Relates to permitting tax lien holders to conduct environmental studies of property contaminated by petroleum discharge.

2013-S5233 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5233

TITLE OF BILL:  An act to amend the navigation law, in relation to
environmental studies of real property contaminated by petroleum
discharge

PURPOSE OR GENERAL IDEA OF BILL: To expand the options available to
the municipalities and to private holders of delinquent real property
tax liens to efficiently and effectively manage the collection of
delinquent property taxes on properties that are contaminated with oil
spills or other hazardous conditions.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends § 176 to allow a holder of a delinquent tax lien the
ability to conduct a Phase 1 and Phase 2 on the effected property and
allows said holder to recover and costs associated with the Phase 1
and 2. Additionally, it absolves the holder of any liability to prior
effected parties or adjacent landowners in the instance they take
title through as tax deed or foreclosure of a delinquent real property
tax lien.

Section 2. Amends § 181 to allow a holder of a delinquent tax lien the
ability to conduct a Phase 1 and Phase 2 on the effected property and
allows said holder to recover and costs associated with the Phase 1
and 2. Additionally, it absolves the holder of any liability to prior

effected parties or adjacent landowners in the instance they take
title through as tax deed or foreclosure of a delinquent real property
tax lien.

Section 3. Amends § 183 to allow a holder of a delinquent tax lien the
ability to conduct a Phase 1 and Phase 2 on the effected property and
allows said holder to recover and costs associated with the Phase 1
and 2. Additionally, it absolves the holder of any liability to prior
effected parties or adjacent landowners in the instance they take
title through as tax deed or foreclosure of a delinquent real property
tax lien.

Section 4. Effective Date.

JUSTIFICATION: This bill will allow municipalities and private holders
of delinquent real property tax liens the opportunity to investigate
the extent of contamination on a property before it decides to perfect
its lien interest by taking a tax deed or foreclosing on the real
property tax liens. All across New York State there are thousands of
parcels of properties with delinquent real property tax liens, that
numbers in the billions of dollars, that are also contaminated with a
variety of contaminants. Local municipalities have few options to
collect on these liens. The enactment of this law will open up the
opportunity to clean these properties without fear of additional
liability and more importantly, will return these properties to the
active tax rolls.

PRIOR LEGISLATIVE HISTORY: This is a new bill for 2013.

FISCAL IMPLICATIONS: None to the State.


LOCAL FISCAL IMPLICATIONS: Should improve the collection of delinquent
real property taxes across New York State on those properties with
contamination.

EFFECTIVE DATE: Shall become law 180 days after it is enacted.

2013-S5233 (ACTIVE) - Bill Text download pdf

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

                                  5233

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the navigation law, in relation to environmental studies
  of real property contaminated by petroleum discharge

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

  Section  1.  Subdivision  8  of  section 176 of the navigation law, as
added by chapter 712 of the laws of 1989, is amended to read as follows:
  8. Notwithstanding any other provision of law to the contrary, includ-
ing but not limited to section 15-108 of the  general  obligations  law,
every  person  providing  cleanup,  removal of discharge of petroleum or
relocation of persons pursuant to this  section  shall  be  entitled  to
contribution  from any other responsible party. ANY PARTY HOLDING A REAL
PROPERTY TAX LIEN SHALL HAVE THE RIGHT TO ENTER ANY PROPERTY COVERED  BY
THIS  ARTICLE  AND  SHALL  BE PERMITTED TO CONDUCT A PHASE 1 AND PHASE 2
ENVIRONMENTAL STUDY. THE COST OF SAID STUDY SHALL BE BORNE BY  THE  REAL
PROPERTY TAX LIEN HOLDER EXCEPT THAT IN THE CASE WHEREBY A REAL PROPERTY
TAX LIEN IS REDEEMED AND A PHASE 1 AND PHASE 2 STUDY HAS BEEN CONDUCTED,
THE  COST  OF  SUCH  STUDY  SHALL  BE INCLUDED IN SAID REDEMPTION. ADDI-
TIONALLY, IF TITLE IS TAKEN PURSUANT TO A TAX DEED OR TAX LIEN  FORECLO-
SURE,  AND  A  REMEDIATION IS UNDERTAKEN, SAID PARTY SHALL TAKE FREE AND
CLEAR OF ANY LIABILITY FROM ADJACENT OWNERS OR THIRD PARTIES  PREVIOUSLY
HARMED BY THE PRE-REMEDIATION CONDITIONS.
  S  2. Subdivision 4 of section 181 of the navigation law is amended by
adding a new paragraph (d) to read as follows:
  (D) ANY PARTY HOLDING A REAL PROPERTY TAX LIEN SHALL HAVE THE RIGHT TO
ENTER ANY PROPERTY COVERED BY THIS ARTICLE AND  SHALL  BE  PERMITTED  TO
CONDUCT  A  PHASE  1  AND  PHASE 2 ENVIRONMENTAL STUDY. THE COST OF SAID
STUDY SHALL BE BORNE BY THE REAL PROPERTY TAX LIEN HOLDER EXCEPT THAT IN
THE CASE WHEREBY A REAL PROPERTY TAX LIEN IS REDEEMED AND A PHASE 1  AND
PHASE  2  STUDY  HAS  BEEN  CONDUCTED,  THE  COST OF SUCH STUDY SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11004-01-3

S. 5233                             2

INCLUDED IN SAID REDEMPTION. ADDITIONALLY, IF TITLE IS TAKEN PURSUANT TO
A TAX DEED OR TAX LIEN FORECLOSURE, AND  A  REMEDIATION  IS  UNDERTAKEN,
SAID  PARTY  SHALL  TAKE  FREE  AND CLEAR OF ANY LIABILITY FROM ADJACENT
OWNERS  OR THIRD PARTIES PREVIOUSLY HARMED BY THE PRE-REMEDIATION CONDI-
TIONS.
  S 3. Section 183 of the navigation law, as added by chapter 845 of the
laws of 1977, is amended to read as follows:
  S 183. Settlements. The administrator shall  attempt  to  promote  and
arrange a settlement between the claimant and the person responsible for
the  discharge.  If  the  source  of the discharge can be determined and
liability is conceded, the claimant and the alleged discharger may agree
to a settlement which shall be final and binding upon  the  parties  and
which will waive all recourse against the fund. ANY PARTY HOLDING A REAL
PROPERTY  TAX LIEN SHALL HAVE THE RIGHT TO ENTER ANY PROPERTY COVERED BY
THIS ARTICLE AND SHALL BE PERMITTED TO CONDUCT A PHASE  1  AND  PHASE  2
ENVIRONMENTAL  STUDY.  THE COST OF SAID STUDY SHALL BE BORNE BY THE REAL
PROPERTY TAX LIEN HOLDER EXCEPT THAT IN THE CASE WHEREBY A REAL PROPERTY
TAX LIEN IS REDEEMED AND A PHASE 1 AND PHASE 2 STUDY HAS BEEN CONDUCTED,
THE COST OF SUCH STUDY SHALL  BE  INCLUDED  IN  SAID  REDEMPTION.  ADDI-
TIONALLY,  IF TITLE IS TAKEN PURSUANT TO A TAX DEED OR TAX LIEN FORECLO-
SURE, AND A REMEDIATION IS UNDERTAKEN, SAID PARTY SHALL  TAKE  FREE  AND
CLEAR  OF ANY LIABILITY FROM ADJACENT OWNERS OR THIRD PARTIES PREVIOUSLY
HARMED BY THE PRE-REMEDIATION CONDITIONS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S5233

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2013-S5233 (ACTIVE) - Details

2013-S5233 (ACTIVE) - Summary

2013-S5233 (ACTIVE) - Sponsor Memo

2013-S5233 (ACTIVE) - Bill Text download pdf

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2013-S5233 (ACTIVE) - Details

2013-S5233 (ACTIVE) - Summary

2013-S5233 (ACTIVE) - Sponsor Memo

2013-S5233 (ACTIVE) - Bill Text download pdf

Comments