Bill Text: NY A05834 | 2015-2016 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A05834 Detail]

Download: New_York-2015-A05834-Introduced.html

---

                           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:
    1    Section 1. Section 56-0508 of the environmental  conservation  law  is
    2  amended by adding a new subdivision 1-a to read as follows:
    3    1-A.  IN  A  PROCEEDING  TO  FORECLOSE  A  TAX  LIEN BY AN ENTITY THAT
    4  ACQUIRED THE TAX LIEN OF A CITY HAVING A POPULATION OF  ONE  MILLION  OR
    5  MORE,  SUCH  CITY  MAY UPON TWENTY DAYS NOTICE TO ALL PARTIES HAVING ANY
    6  RIGHT, TITLE, OR INTEREST IN, OR LIEN  UPON  SUCH  PARCEL,  MOVE,  AT  A
    7  SPECIAL  TERM  IN  THE  COURT  IN  WHICH  THE FORECLOSURE PROCEEDING WAS
    8  BROUGHT, FOR AN ORDER GRANTING SUCH  CITY  THE  TEMPORARY  INCIDENTS  OF
    9  OWNERSHIP OF SUCH PARCEL FOR THE SOLE PURPOSE OF ENTERING THE PARCEL AND
   10  CONDUCTING  AN ENVIRONMENTAL RESTORATION INVESTIGATION PROJECT UPON SUCH
   11  PARCEL. FOR PURPOSES OF THIS SECTION, THE TERM "TAXING  DISTRICT"  SHALL
   12  INCLUDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   13    S  2.  Subdivision 5 of section 56-0508 of the environmental conserva-
   14  tion law, as added by section 7 of part D of chapter 1 of  the  laws  of
   15  2003, is amended to read as follows:
   16    5.  all  costs  associated with any environmental restoration investi-
   17  gation project conducted pursuant to the authority of this section shall
   18  be added to the taxes owed to, and the tax lien of, the taxing  district
   19  that  undertook  the  environmental  restoration  investigation  project
   20  pursuant to SUBDIVISION ONE OF this section OR SHALL  BE  ADDED  TO  THE
   21  TAXES  OWED  TO  THE  CITY  THAT UNDERTOOK THE ENVIRONMENTAL RESTORATION
   22  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
    1  SEPARATE AND APART FROM THE TAX LIEN IN FORECLOSURE PURSUANT TO SUBDIVI-
    2  SION ONE-A OF THIS SECTION.
    3    S 3. This act shall take effect immediately and shall apply to any tax
    4  lien purchased on or after such date.