Includes preservation of undeveloped beachland and shoreline at risk of coastal flooding due to storms and projected sea level rise as part of preservation of community character for the purposes of the Peconic bay region community preservation funds.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Squadron
TITLE OF BILL: An act to amend the town law, in relation to including preservation of coastal areas at risk of coastal flooding due to storms and projected sea level as part of preservation of community character for the purposes of the Peconic bay region community preservation funds
PURPOSE OR GENERAL IDEA OF BILL: To include preservation of coastal areas at risk of coastal flooding due to storms and projected sea level
SUMMARY OF SPECIFIC PROVISIONS: Subdivision 4 of Section 64-e of the town law, as amended by Chapter 373 of the Laws of 2008, is amended to include as a purpose for "community preservation" the preservation of coastal areas at a significant risk of coastal flooding due to storms and areas projected to be at significant risk of coastal flooding due to projected sea level rise and future storms in relation to the Peconic Bay Region Community Preservation Funds.
JUSTIFICATION: In 1998, the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized towns in the Peconic Bay Region (East Hampton, Riverhead, Shelter Island, Southampton and Southold) to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, and historic preservation and for park and recreation purposes. The revenue for said fund is derived from a two-percent real estate transfer tax. In 2002, the State Legislature adopted Chapter 250 of the Laws of 2002 which authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31, 2020, subject to mandatory referendum. In 2006, the State Legislature again extended the expiration date of the real estate transfer tax until December 31, 2030 by Chapter 391 of the Laws of 2006.
The Community Preservation Fund has been a widely popular and successful land protection program on the East End, protecting the ecological, biological, agricultural and economic value of more than 10,000 acres of land. There is a need to further ensure that we protect lands that are currently at risk of coastal flooding and areas which are projected to be affected by future projected sea level rise and coastal flooding. These lands themselves are environmentally sensitive lands, acting as a buffer to protect other already protected lands and coastal communities.
PRIOR LEGISLATIVE HISTORY: 2013: New Legislation
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 4104 A. 5939 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y March 8, 2013 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, in relation to including preservation of coastal areas at risk of coastal flooding due to storms and projected sea level as part of preservation of community character for the purposes of the Peconic bay region community preservation funds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 64-e of the town law, as amended by chapter 373 of the laws of 2008, is amended to read as follows: 4. Preservation of community character shall involve one or more of the following: (a) establishment of parks, nature preserves, or recre- ation areas; (b) preservation of open space, including agricultural lands; (c) preservation of lands of exceptional scenic value; (d) pres- ervation of fresh and saltwater marshes or other wetlands; (e) preserva- tion of aquifer recharge areas; (f) preservation of undeveloped beach- lands or shoreline; (g) establishment of wildlife refuges for the purpose of maintaining native animal species diversity, including the protection of habitat essential to the recovery of rare, threatened or endangered species; (h) preservation of pine barrens consisting of such biota as pitch pine, and scrub oak; (i) preservation of unique or threatened ecological areas; (j) preservation of rivers and river areas in a natural, free-flowing condition; (k) preservation of forested land; (l) preservation of public access to lands for public use including stream rights and waterways; (m) preservation of historic places and properties listed on the New York state register of historic places and/or protected under a municipal historic preservation ordinance orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08900-01-3 S. 4104 2 A. 5939
law; (N) PRESERVATION OF COASTAL AREAS AT A SIGNIFICANT RISK OF COASTAL FLOODING DUE TO STORMS AND AREAS PROJECTED TO BE AT SIGNIFICANT RISK OF COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS; and
[(n)](O) undertaking any of the aforementioned in furtherance of the establishment of a greenbelt. S 2. This act shall take effect immediately.