Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to environmental conservation |
May 14, 2013 |
referred to environmental conservation |
Senate Bill S5233
2013-2014 Legislative Session
Sponsored By
(R) Senate District
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
Actions
2013-S5233 (ACTIVE) - Details
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Navigation Law
- Laws Affected:
- Amd §§176, 181 & 183, Nav L
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
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
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