S T A T E O F N E W Y O R K
________________________________________________________________________
5834
2015-2016 Regular Sessions
I N A S S E M B L Y
March 5, 2015
___________
Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A. JAFFEE
-- read once and referred to the Committee on Environmental Conserva-
tion
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03434-01-5
A. 5834 2
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.