Bill Text: NY S09065 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the Peconic Bay region community preservation funds; defines "disadvantaged communities"; provides that funds utilized for water quality improvement projects may be carried forward from year to year for utilization in future budgets and not less than ten percent of the annual proceeds of the fund shall be utilized to benefit disadvantaged communities; provides that management and stewardship funds may only be expended for projects related to lands acquired for open space preservation and historic preservation purposes; makes related provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-16 - REFERRED TO LOCAL GOVERNMENT [S09065 Detail]

Download: New_York-2023-S09065-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9065

                    IN SENATE

                                     April 16, 2024
                                       ___________

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

        AN ACT to amend the town law, in relation  to  the  Peconic  Bay  region
          community preservation funds; and to repeal certain provisions of such
          law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 3 of section 64-e of the  town  law,  as
     2  amended by chapter 551 of the laws of 2015, paragraph (e) of subdivision
     3  1 as separately amended by chapters 490 and 501 of the laws of 2018, are
     4  amended to read as follows:
     5    1.  As  used in this section, the following words and terms shall have
     6  the following meanings:
     7    (a) "Peconic Bay region" means the towns of East  Hampton,  Riverhead,
     8  Shelter Island, Southampton and Southold.
     9    (b)  "Community  preservation"  shall  mean  and  include  any  of the
    10  purposes outlined in subdivision four of this section.
    11    (c) "Board" means the advisory board required pursuant to  subdivision
    12  five of this section.
    13    (d)  "Fund"  means the community preservation fund created pursuant to
    14  subdivision two of this section.
    15    (e) "Water quality improvement project" means: [(1) wastewater  treat-
    16  ment  improvement  projects;  (2) non-point source abatement and control
    17  program projects developed pursuant to section eleven-b of the soil  and
    18  water conservation districts law, title 14 of article 17 of the environ-
    19  mental  conservation  law,  section  1455b  of  the federal coastal zone
    20  management act, or article forty-two of the executive law;  (3)  aquatic
    21  habitat restoration projects; (4) pollution prevention projects; (5) the
    22  construction  of  public water mains and connections to provide drinking
    23  water to inhabitants whose drinking water supply has  been  contaminated
    24  by  toxic  chemicals  as defined in section 37-0301 of the environmental
    25  conservation law, hazardous substances as defined in section 40-0105  of
    26  the  environmental  conservation law or emerging contaminants as defined
    27  in section eleven hundred twelve of the public health law; and  (6)  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14763-05-4
        S. 9065                             2

     1  operation  of the Peconic Bay National Estuary Program, as designated by
     2  the United States Environmental Protection  Agency;  and  (6)  a  septic
     3  system  replacement  loan  program, pursuant to section sixty-four-ee of
     4  the  town law. Such projects shall have as their purpose the improvement
     5  of existing water quality to meet existing specific water quality stand-
     6  ards. Projects which have as a purpose  to  permit  or  accommodate  new
     7  growth shall not be included within this definition.
     8    (f)  "Wastewater  treatment  improvement  project" means the planning,
     9  design, construction, acquisition, enlargement, extension, or alteration
    10  of a wastewater treatment facility, including alternative systems  to  a
    11  sewage  treatment plant or traditional septic system, to treat, neutral-
    12  ize, stabilize, eliminate or partially eliminate sewage or reduce pollu-
    13  tants in treatment  facility  effluent,  including  permanent  or  pilot
    14  demonstration wastewater treatment projects, or equipment or furnishings
    15  thereof. Stormwater collecting systems and vessel pumpout stations shall
    16  also  be  included  within  the  definition  of a wastewater improvement
    17  project.
    18    (g) "Aquatic habitat restoration project" means the planning,  design,
    19  construction,  management,  maintenance, reconstruction, revitalization,
    20  or rejuvenation activities intended to improve waters of  the  state  of
    21  ecological  significance or any part thereof, including, but not limited
    22  to ponds, bogs, wetlands, bays, sounds, streams, rivers,  or  lakes  and
    23  shorelines  thereof, to support a spawning, nursery, wintering, migrato-
    24  ry, nesting, breeding, feeding, or foraging  environment  for  fish  and
    25  wildlife and other biota.
    26    (h)   "Pollution  prevention  project"  means  the  planning,  design,
    27  construction, improvement, maintenance  or  acquisition  of  facilities,
    28  production  processes, equipment or buildings owned or operated by muni-
    29  cipalities for the reduction, avoidance, or elimination of  the  use  of
    30  toxic  or  hazardous  substances or the generation of such substances or
    31  pollutants so as to reduce risks to public health  or  the  environment,
    32  including  changes  in  production  processes  or  raw  materials;  such
    33  projects shall not include incineration, transfer  from  one  medium  of
    34  release  or  discharge  to another medium, off-site or out-of-production
    35  recycling, end-of-pipe treatment or pollution control.
    36    (i) "Stormwater collecting system" means systems of conduits  and  all
    37  other   construction,   devices,  and  appliances  appurtenant  thereto,
    38  designed and used to collect and carry  stormwater  and  surface  water,
    39  street  wash,  and  other wash and drainage waters to a point source for
    40  discharge.
    41    (j) "Vessel pumpout station" means a project for the planning, design,
    42  acquisition or construction of a permanent or portable device capable of
    43  removing human sewage from a marine holding tank] projects  designed  to
    44  improve the quality of drinking and surface waters and projects, includ-
    45  ing  operational  expenses,  related to the operation of the Peconic Bay
    46  National Estuary Program, as designated by the  United  States  Environ-
    47  mental Protection Agency.
    48    (f) "Disadvantaged communities" shall mean a community that is identi-
    49  fied pursuant to section 75-0111 of the environmental conservation law.
    50    3.  The  purposes of the fund shall be exclusively, (a) to implement a
    51  plan for the preservation of community character  as  required  by  this
    52  section,  (b)  to  acquire  interests or rights in real property for the
    53  preservation of community character within the town  including  villages
    54  therein  in  accordance  with  such plan and in cooperation with willing
    55  sellers, (c) to establish a bank pursuant to a transfer  of  development
    56  rights  program  consistent with section two hundred sixty-one-a of this
        S. 9065                             3

     1  chapter, (d) to provide a management and stewardship  program  for  such
     2  interests  and  rights  consistent  with subdivisions nine and nine-a of
     3  this section and in accordance  with  such  plan  designed  to  preserve
     4  community character; provided that not more than ten percent of the fund
     5  shall be utilized for the management and stewardship program, and (e) to
     6  implement  water  quality improvement projects in accordance with a plan
     7  to preserve community character. A maximum of twenty (20) percent of the
     8  fund may be utilized for the implementation of water quality improvement
     9  projects; provided that where such water quality improvement  funds  are
    10  utilized  for the operation of the Peconic Bay National Estuary Program,
    11  the use of such funds shall only be utilized to  match  federal,  state,
    12  county,  or  other public or private funds on a dollar for dollar basis,
    13  not to exceed ten (10) percent of the  annual  amount  appropriated  for
    14  water  quality  improvement  projects.  Funds utilized for water quality
    15  improvement projects may be carried forward from year to year for utili-
    16  zation in future budgets. In towns with one or more disadvantaged commu-
    17  nities, not less than ten (10) percent of the  annual  proceeds  of  the
    18  fund shall be utilized to benefit such disadvantaged communities. If the
    19  implementation  of the community preservation project plan, adopted by a
    20  town board, as provided in subdivision six of  this  section,  has  been
    21  completed,  and  funds are no longer needed for the purposes outlined in
    22  this subdivision, then any remaining monies in the fund shall be applied
    23  to reduce any bonded indebtedness or obligations incurred to  effectuate
    24  the purposes of this section.
    25    §  2.  Subdivision  4  of  section 64-e of the town law, as amended by
    26  chapter 255 of the laws of 2020, is amended to read as follows:
    27    4. Preservation of community character shall involve one  or  more  of
    28  the  following:  (a) establishment of parks, nature preserves, or recre-
    29  ation areas; (b) preservation  of  open  space,  including  agricultural
    30  lands provided, however, that farm buildings and structures used for the
    31  marketing  of farm products produced on such agricultural lands shall be
    32  permitted; (c) preservation of lands of exceptional  scenic  value;  (d)
    33  preservation of fresh and saltwater marshes or other wetlands; (e) pres-
    34  ervation  of  aquifer  recharge  areas;  (f) preservation of undeveloped
    35  beachlands or shoreline including those at significant risk  of  coastal
    36  flooding  due  to projected sea level rise and future storms; (g) estab-
    37  lishment of wildlife refuges  for  the  purpose  of  maintaining  native
    38  animal  species diversity, including the protection of habitat essential
    39  to the recovery of rare, threatened or endangered species; (h) preserva-
    40  tion of pine barrens consisting of such biota as pitch pine,  and  scrub
    41  oak;  (i)  preservation  of  unique  or threatened ecological areas; (j)
    42  preservation of rivers and river areas in a natural, free-flowing condi-
    43  tion; (k) preservation of forested  land;  (l)  preservation  of  public
    44  access  to  lands  for public use including stream rights and waterways;
    45  (m) preservation of historic places and properties  listed  on  the  New
    46  York  state register of historic places and/or protected under a munici-
    47  pal historic preservation ordinance or law; (n)  preservation  of  lands
    48  necessary  to  protect  fisheries  and water dependent uses essential to
    49  maintain and enhance maritime heritage; [and] (o) preservation of  lands
    50  that  contain  significant  cultural  resources including the aboriginal
    51  lands of indigenous peoples, including but not limited to, burial sites,
    52  settlements, and lands utilized for ceremonial purposes; and (p)  under-
    53  taking  any of the aforementioned in furtherance of the establishment of
    54  a greenbelt.  Preservation of community character shall also include the
    55  protection and improvement of the quality of all water resources.
        S. 9065                             4

     1    § 3. Subdivision 9 of section 64-e of the town law is REPEALED  and  a
     2  new subdivision 9 is added to read as follows:
     3    9.  (a)  Lands acquired pursuant to this section shall be administered
     4  and managed in a manner which maximizes public use and  enjoyment  in  a
     5  manner compatible with the character of such lands.
     6    (b)  Lands  acquired for open space purposes shall preserve the native
     7  biological diversity of such lands.
     8    (c) With regard to lands acquired for open space purposes improvements
     9  shall be limited to minimal improvements that enhance access for passive
    10  use of such lands. Such improvements shall not  degrade  the  ecological
    11  value of the land or threaten essential wildlife habitat.
    12    (d)  Historic and cultural property shall be preserved consistent with
    13  accepted standards for historic preservation.  Adaptive  reuse  of  such
    14  properties shall be consistent with the historic character and prior use
    15  of  the  property  and shall be consistent with all local land use plans
    16  and regulations. Such historic and cultural  properties  shall  maximize
    17  public use to the extent practicable.
    18    (e)  In  furthering  the  purposes of this section, the town may enter
    19  into agreements with corporations  organized  under  the  not-for-profit
    20  corporation  law and engaged in preservation activities to manage lands,
    21  including less than fee interests acquired pursuant to the provisions of
    22  this section, provided that any such agreement shall contain a provision
    23  that such corporation shall keep the  lands  accessible  to  the  public
    24  unless  such  corporation  shall  demonstrate to the satisfaction of the
    25  town that public accessibility would be detrimental to the lands or  any
    26  historic,  cultural,  or  natural  resources associated therewith. Where
    27  revenues are generated by such corporations on such  lands  pursuant  to
    28  such  agreements,  disposition of such revenues shall be governed by the
    29  town pursuant to resolution or local law.
    30    § 4. Subdivision 9-a of section 64-e of the town law is REPEALED and a
    31  new subdivision 9-a is added to read as follows:
    32    9-a. (a) Management and stewardship funds may  only  be  expended  for
    33  projects  related  to  lands  acquired  for  open space preservation and
    34  historic preservation purposes. Lands acquired  for  any  other  purpose
    35  shall  not be eligible for management and stewardship funds. In the case
    36  of lands acquired for open space preservation purposes,  management  and
    37  stewardship  projects  shall  be  only  expended for: (1) projects which
    38  promote the protection or enhancement of the natural, scenic,  and  open
    39  space  character for which the interests or rights in real property were
    40  acquired; or (2) minimal improvements as permitted by  subdivision  nine
    41  of  this  section;  or  (3) restoration of acquired real property to its
    42  natural state including the demolition of existing buildings and  struc-
    43  tures.
    44    (b)  In  the case of interests or rights in real property acquired for
    45  historic preservation purposes, funds may be expended for  the  restora-
    46  tion,   rehabilitation,  or  replacement  of  buildings  and  structures
    47  consistent with accepted standards for historic preservation.
    48    (c) Expenses related to the customary  operation  and  maintenance  of
    49  acquired  interests  or  rights  in real property shall not be permitted
    50  from the management and stewardship portion of the fund, except that  in
    51  the  case  of  historic  properties,  where the town has entered into an
    52  agreement with a not-for profit corporation for the management  of  such
    53  properties as permitted by subdivision nine of this section, up to twen-
    54  ty (20) percent of the management and stewardship portion of the fund or
    55  two  (2)  percent  of the total annual revenue of the fund, may be dedi-
    56  cated to the operation and maintenance of stewardship properties managed
        S. 9065                             5

     1  by such corporations.  Where a town enters into  an  agreement  for  the
     2  management of an historic property with a not-for-profit corporation and
     3  the  town  allocates  management and stewardship funds for the operation
     4  and  maintenance of such historic property, said corporation shall annu-
     5  ally provide for a full accounting of such funds to the town board.
     6    (d) Any project funded pursuant to this subdivision, except  operation
     7  and  maintenance  expenses  permitted  pursuant to paragraph (c) of this
     8  subdivision, must have a useful life of five years or more under section
     9  11.00 of the local finance law.
    10    (e) Any expenditure from the  fund  for  a  purpose  other  than  that
    11  permitted, herein, shall be deemed to be prohibited.
    12    §  5. Subdivision 11 of section 64-e of the town law is REPEALED and a
    13  new subdivision 11 is added to read as follows:
    14    11. Notwithstanding any provision of law to the  contrary,  towns  may
    15  enter  into  intermunicipal agreements pursuant to article five-G of the
    16  general municipal law for the following purposes:
    17    (a) to jointly acquire interests or rights in real property,  consist-
    18  ent  with  the  purposes  of this section, where the acquisition of such
    19  interests or rights promotes a regional public benefit for two  or  more
    20  towns pursuant to a regional plan;
    21    (b) to provide for an independent financial audit of each town's fund;
    22  and
    23    (c)  to  hire  employees necessary to implement the provisions of this
    24  section.
    25    § 6. Section 64-e of the town law is amended by adding a new  subdivi-
    26  sion 14 to read as follows:
    27    14.  (a)  The towns in the Peconic Bay region shall jointly establish,
    28  by intermunicipal agreement, the office of regional community  preserva-
    29  tion fund counsel to render legal opinions and interpretations to facil-
    30  itate  the  efficient and consistent administration of the funds created
    31  pursuant to this section. All such opinions and interpretations rendered
    32  shall be published on each town's official website and shall  be  avail-
    33  able  to  the  public as a public record under article six of the public
    34  officers law.
    35    (b) The towns in the Peconic Bay region shall  jointly  establish,  by
    36  intermunicipal  agreement,  the Peconic Bay Region Advisory Committee to
    37  advise town boards regarding policy and administrative  issues  relating
    38  to  funds  established  pursuant  to  this  section. The committee shall
    39  consist of eleven (11) members. The  members  shall  include  each  Town
    40  Supervisor  or  designee,  a  representative of village government to be
    41  jointly selected by the villages in the Peconic Bay region and five  (5)
    42  members  to be selected by the state legislative representatives repres-
    43  enting the Peconic Bay region with expertise in land preservation, envi-
    44  ronmental protection, water quality  protection,  agriculture,  historic
    45  preservation, or parks and recreation. The committee shall elect a chair
    46  from  among  its  members.  Said committee shall meet at least quarterly
    47  each year. The office of regional community  preservation  fund  counsel
    48  shall  attend  the meetings of the committee and shall be further avail-
    49  able to the committee chair for additional consultations. The  committee
    50  shall  be empowered to establish the rules for its operation, consistent
    51  with this section.
    52    (c) The office and committee required to be  established  pursuant  to
    53  this  subdivision  shall  be implemented no later than ninety days after
    54  the effective date of this subdivision.
    55    § 7. This act shall take effect immediately.