NY State Senate Bill 2013-S5303

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to local government
May 16, 2013	referred to local government

2013-S5303 (ACTIVE) - Details

See Assembly Version of this Bill:: A5790
Current Committee:: Senate Local Government
Law Section:: Suffolk County Tax Act
Laws Affected:: Add §46-a, Chap 311 of 1920; amd §181, Nav L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8772
2011-2012: A5554
2015-2016: A6465

2013-S5303 (ACTIVE) - Summary

Authorizes Suffolk county to sell certain delinquent tax liens on brownfield property to private buyers.

2013-S5303 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5303

TITLE OF BILL:  An act to amend the Suffolk county tax act, in
relation to the sale of delinquent tax liens on brownfields property;
and to amend the navigation law, in relation to the liability of a
public corporation for the discharge of petroleum

PURPOSE OR GENERAL IDEA OF BILL: The amendment would allow Suffolk
County to sell or dispose of tax liens for less than outstanding tax
due on lien on parcels identifies by the County as Brownfields except
Superfund Sites. The sale or disposal of the County tax liens on these
parcels will satisfy open real property tax liens and promote the
return of these parcels to a productive real property taxpaying use.

SUMMARY OF SPECIFIC PROVISIONS: Adds a new section 46-a which would
allow Suffolk County to sell or dispose of tax liens for less than
outstanding tax due on lien on parcels identified by the County as
Brownfields except Superfund sites. The sale or disposal of the County
tax liens on these parcels will satisfy open real property tax liens
and promote the return of these parcels to a productive real property
taxpaying use.

JUSTIFICATION: Suffolk County acquires an interest and, in most
instances, take title by tax deed to real property for non-payment of
taxes. However, the County has decided not to take title for
non-payment of real property taxes on parcels identified as

Brownfields. A parcel is identified as a Brownfield site as a result
of its past use and/or the presence of known contamination on the
site.

In many instances, the tax liens held by the County on Brownfield
parcels and the cost to remediate the property are, in most instances,
in excess of the appraised value of the property assuming the site is
without contamination. Allowing the Count, the option to sell or
dispose of the tax liens for less than the outstanding tax due on a
Brownfield parcel with the requirement that the buyer will remediate
the parcel will promote private developers to acquire the tax liens,
invest money to clean up the land, and convert these contaminated
non-taxpaying parcels into productive taxpaying use.

The Suffolk County Treasurer currently lists seventy-six parcels with
tax liens that are eligible for sale or disposal that the County has
been reluctant to take a tax deed due to the presence of contamination
on the property. The seventy-six parcels include approximately 215
acres of potentially contaminated, underutilized land that would be
remediated and restored to the tax rolls if the tax lien on the
property could be sold or transferred to a private developer.

LEGISLATIVE HISTORY:  2011-12: A.5554 Ways and Means/S.4229 Passed
Senate 2009-10: A.8772-A referred to Ways and Means/S.5995-A Third
Reading

FISCAL IMPACT ON THE STATE: The amendment would have a long term
benefit to the taxpayers by returning these parcels, which are non
producing tax revenue, to productive, taxpaying use.

EFFECTIVE DATE: This act shall take immediately.

2013-S5303 (ACTIVE) - Bill Text download pdf

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

                                  5303

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the Suffolk county tax act, in relation to the  sale  of
  delinquent tax liens on brownfields property; and to amend the naviga-
  tion law, in relation to the liability of a public corporation for the
  discharge of petroleum

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

  Section 1. Chapter 311 of the laws of 1920  constituting  the  Suffolk
county  tax  act  is  amended  by  adding  a new section 46-a to read as
follows:
  S 46-A. THE COUNTY SHALL HAVE THE RIGHT TO  ENTER  INTO  CONTRACTS  TO
SELL  SOME  OR ALL OF ITS DELINQUENT TAX LIENS ON PROPERTY IDENTIFIED AS
BROWNFIELD SITES  PURSUANT  TO  SECTION  27-1405  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW,  EXCEPT  SUPERFUND SITES PLACED ON THE U.S.  ENVIRON-
MENTAL PROTECTION AGENCY'S  (USEPA)  NATIONAL  PRIORITY  LIST  (NPL)  AS
DEFINED  BY  THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITIES ACT OF 1980 TO CLEAN UP  ABANDONED  HAZARDOUS  WASTE  SITES,
HELD  BY  SUCH  COUNTY  TO  ONE  OR  MORE PRIVATE PARTIES SUBJECT TO THE
FOLLOWING CONDITIONS:
  (A) THE CONSIDERATION TO BE PAID MAY BE MORE OR  LESS  THAN  THE  FACE
AMOUNT OF THE TAX LIENS SOLD.
  (B)  THE  COUNTY SHALL SET THE TERMS AND CONDITIONS OF THE CONTRACT OF
SALE AND ALL PRIOR CONTRACTS OF SALE SHALL BE DEEMED VALID AND SHALL  BE
ENFORCED  UNDER THIS ACT AND THAT THE COUNTY SHALL REQUIRE THE PURCHASER
TO REMEDIATE THE PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF TITLE  14
OF  ARTICLE  27  OF  THE  ENVIRONMENTAL  CONSERVATION LAW AND TO PROMOTE
INVESTMENT IN AND DEVELOPMENT OF SUCH PARCELS.
  (C) THE COUNTY SHALL PROVIDE PROPERTY OWNERS WITH AT LEAST THIRTY DAYS
ADVANCE NOTICE OF SUCH SALE IN THE SAME FORM AND MANNER AS  IS  PROVIDED
BY  SUBDIVISION 2 OF SECTION 1190 OF THE REAL PROPERTY TAX LAW AND SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09473-03-3

S. 5303                             2

BE DONE BY REGULAR MAIL TO THE LAST KNOWN ADDRESS.  FAILURE  TO  PROVIDE
SUCH  NOTICE  BY  THE COUNTY SHALL NOT IN ANY WAY AFFECT THE VALIDITY OF
ANY SUCH SALE OF A TAX LIEN OR TAX LIENS OR THE VALIDITY OF THE TAXES OR
INTEREST PRESCRIBED BY LAW WITH RESPECT THERETO.
  (D)  THE  SALE OF A TAX LIEN PURSUANT TO THIS ACT SHALL NOT OPERATE TO
SHORTEN THE OTHERWISE APPLICABLE REDEMPTION PERIOD OR CHANGE THE  OTHER-
WISE APPLICABLE INTEREST RATE.
  (E)  UPON  THE  EXPIRATION OF THE REDEMPTION PERIOD PRESCRIBED BY LAW,
THE PURCHASER OF A DELINQUENT TAX LIEN, OR ITS  SUCCESSORS  OR  ASSIGNS,
MAY  FORECLOSE  THE  LIEN  AS  IN  AN  ACTION TO FORECLOSE A MORTGAGE AS
PROVIDED IN SECTION 1194 OF THE REAL PROPERTY TAX LAW. THE PROCEDURE  IN
SUCH  ACTION SHALL BE THE PROCEDURE PRESCRIBED BY ARTICLE 13 OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW FOR THE FORECLOSURE  OF  MORTGAGES.
AT ANY TIME FOLLOWING THE COMMENCEMENT OF AN ACTION TO FORECLOSE A LIEN,
THE AMOUNT REQUIRED TO REDEEM THE LIEN, OR THE AMOUNT RECEIVED UPON SALE
OF  A  PROPERTY, SHALL INCLUDE ATTORNEY'S FEES, COURT COSTS, TITLE FEES,
SERVICE OF PROCESS FEES, AND OTHER DISBURSEMENTS ALLOWED BY A  COURT  OF
COMPETENT  JURISDICTION UPON THE FILING OF SAID COURT WITH PROOF OF SAID
EXPENSES.
  (F) THE PROVISIONS OF TITLE 5 OF ARTICLE 11 OF THE REAL  PROPERTY  TAX
LAW  SHALL  APPLY SO FAR AS IS PRACTICABLE TO A CONTRACT FOR THE SALE OF
TAX LIENS PURSUANT TO THIS ACT.
  S 2. Section 181 of the navigation law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SECTION, A PUBLIC
CORPORATION SHALL NOT BE LIABLE FOR THE DISCHARGE OF PETROLEUM AT A SITE
IF SUCH PUBLIC CORPORATION ACQUIRED SUCH SITE  INVOLUNTARILY,  AND  SUCH
PUBLIC  CORPORATION  RETAINED  SUCH  SITE  WITHOUT  PARTICIPATING IN THE
DEVELOPMENT OF SUCH SITE. THIS EXEMPTION SHALL NOT APPLY TO  ANY  PUBLIC
CORPORATION  THAT  HAS  (A)  CAUSED  OR  CONTRIBUTED TO THE DISCHARGE OF
PETROLEUM FROM OR AT THE SITE,  (B)  PURCHASED,  SOLD,  REFINED,  TRANS-
PORTED,  OR DISCHARGED PETROLEUM FROM OR AT SUCH SITE, OR (C) CAUSED THE
PURCHASE, SALE, REFINEMENT, TRANSPORTATION, OR  DISCHARGE  OF  PETROLEUM
FROM  OR AT SUCH SITE. THE TERMS "PARTICIPATION IN DEVELOPMENT," "PUBLIC
CORPORATION" AND "INVOLUNTARY ACQUISITION OF OWNERSHIP OR CONTROL" SHALL
HAVE THE SAME MEANINGS AS THOSE TERMS ARE DEFINED IN SUBDIVISION TWO  OF
SECTION 27-1323 OF THE ENVIRONMENTAL CONSERVATION LAW. HOWEVER, "PARTIC-
IPATION IN DEVELOPMENT" SHALL NOT INCLUDE IMPROVEMENTS WHICH ARE PART OF
A CLEANUP AND REMOVAL OF A DISCHARGE OF PETROLEUM PURSUANT TO THIS ARTI-
CLE.
  S 3. This act shall take effect immediately.

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Senate Bill S5303

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2013-S5303 (ACTIVE) - Details

2013-S5303 (ACTIVE) - Summary

2013-S5303 (ACTIVE) - Sponsor Memo

2013-S5303 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5303

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Local Government Committee

2013-S5303 (ACTIVE) - Details

2013-S5303 (ACTIVE) - Summary

2013-S5303 (ACTIVE) - Sponsor Memo

2013-S5303 (ACTIVE) - Bill Text download pdf

Comments