S T A T E O F N E W Y O R K
________________________________________________________________________
1997
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law and the state finance
law, in relation to regional conservation partnerships
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds and declares
that agricultural and open space preservation are critical to the quali-
ty of life and economics of many townships throughout the state. The
historic and cultural identities of the towns are embodied by open space
and agricultural land resources. Open space and farmland help to shape
and define the distinct characteristics of individual villages. Real
estate values are enhanced by the availability of open space and farm-
land resources in communities where such resources are in decline.
Future generations will benefit from actions taken by local towns to
protect this irreplaceable part of our heritage. Towns and counties have
taken actions to preserve open space and farmland in some areas of the
state. Such efforts should be supported by the state in the form of
regional conservation partnerships.
Local towns, in partnerships with both county and state governments,
have traditionally pursued many innovative financing strategies to
preserve farmland and open space. Examples of such programs include:
purchase of development rights; transfer of development rights; conser-
vation easements; and environmental savings funds. Preservation of farm-
land and open space has been demonstrated to be highly cost effective
for local governments in terms of the ratio of revenue versus the cost
of community services. However, local governments, particularly on East-
ern Long Island, are currently at a critical crossroad in their land
preservation efforts. Accelerating development pressures and rising real
estate values combined with more stringent local, county, state, and
federal budgets suggest that more creative land conservation efforts
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03126-01-9
A. 1997 2
should be employed. In particular, all levels of government must pursue
innovative financing approaches that reinvent traditional land preserva-
tion strategies, such as regional conservation partnerships.
Regional conservation partnerships are one way for local towns to meet
the challenges presented. Regional conservation partnerships are match-
ing fund partnerships between local, county and state governments.
These partnerships will establish a secure but flexible approach to open
space and farmland preservation and allow local towns to pursue acquisi-
tions in key target areas previously defined and recommended as part of
a comprehensive plan.
S 2. The environmental conservation law is amended by adding a new
section 3-0316 to read as follows:
S 3-0316. REGIONAL CONSERVATION PARTNERSHIPS.
1. THE COMMISSIONER MAY FOSTER AND SUPPORT THE CREATION OF REGIONAL
CONSERVATION PARTNERSHIPS THAT PROVIDE MATCHING FUND PARTNERSHIPS
BETWEEN LOCAL, COUNTY AND STATE GOVERNMENTS. THE REGIONAL CONSERVATION
PARTNERSHIPS, HEREIN REFERRED TO AS PARTNERSHIPS, SHALL INCLUDE BUT NOT
BE LIMITED TO THE FOLLOWING:
A. A LIST OF PARCELS AND AREAS THAT NEED TO BE DEVELOPED IN THOSE
TOWNS WISHING TO SEEK FUNDING FOR THE PARTNERSHIPS.
B. THE LIST PROVIDED FOR IN PARAGRAPH A OF THIS SUBDIVISION WOULD BE
SUBJECT TO PUBLIC HEARINGS AND ADOPTION BY THE TOWN BOARD OR LEGISLATIVE
BODY.
C. A CATEGORIZATION AND PRIORITIZATION BY THE TOWNS OF THOSE AREAS
MOST SENSITIVE TO DEVELOPMENT PRESSURE AND THE LIKELIHOOD THAT A PART-
NERSHIP COULD SUCCESSFULLY BE UTILIZED IN THOSE AREAS. THE TOWN ALSO
NEEDS TO DEMONSTRATE APPROPRIATE LOCAL SUPPORT BY THE BUSINESS AND CIVIC
COMMUNITIES OF SUCH TOWN.
D. AN ILLUSTRATION OF HOW THE LAND WOULD BE MANAGED ONCE IT WAS
PRESERVED, AND HOW THE ACQUISITION IS IN ACCORDANCE WITH EITHER THE
STATE OPEN SPACE PLAN OR THE STATE COMPREHENSIVE OUTDOOR AND RECREATION-
AL PLAN.
E. IDENTIFICATION OF OTHER LEVELS OR SOURCES OF FUNDING WHICH FURTHER
DEMONSTRATE THE LIKELIHOOD OF SUCCESS.
F. ACQUISITIONS WITH STATE FUNDS WOULD BE COMPLETED ONLY AFTER NEGOTI-
ATION.
G. UPON APPLICATION BY A LOCAL GOVERNMENT, THE STATE WOULD MAKE A
GRANT FOR THE AMOUNT OF THE PARTNERSHIP. THE LOCAL GOVERNMENT WOULD THEN
SUBMIT DOCUMENTATION DEMONSTRATING THE PROPER USE OF SUCH FUNDS BY
CERTIFYING WHICH PARCELS FROM THE PRE-APPROVED LIST WERE PRESERVED, OR
IN THE CASE OF FARMLANDS, THE DEVELOPMENT RIGHTS PURCHASED.
2. THE PARTNERSHIP PROGRAM WILL REWARD ONLY THOSE TOWNS WHICH ACTIVELY
SEEK TO IMPLEMENT SUCH PROGRAMS. LOCAL TOWNS ARE RESPONSIBLE FOR SECUR-
ING THE INITIAL LEVEL OF FUNDING FOR THESE ACQUISITIONS. ONCE THE TOWNS
HAVE PROPERLY IDENTIFIED THE KEY TARGET AREAS AND SECURED FUNDING FOR
ACQUISITIONS IN THOSE TARGET AREAS, COUNTY AND STATE GOVERNMENTS SHALL
THEN MATCH THE FUNDING. PARTNERSHIP WILL ALLOW EACH LEVEL OF GOVERNMENT
TO LEVERAGE THEIR FUNDS AND SPEND MUCH LESS THAN IF SUCH GOVERNMENT WERE
ACTING INDEPENDENTLY.
3. THE ELIGIBLE REGIONAL AREAS ARE TO BE IDENTIFIED IN THE NEW YORK
STATE OPEN SPACE PLAN OR BY THE COMMISSIONER OF PARKS, RECREATION AND
HISTORIC PRESERVATION UPON PETITION BY THE LOCAL GOVERNMENT.
4. THE REGIONAL CONSERVATION PARTNERSHIPS DEDICATED FUND, AS ESTAB-
LISHED BY SECTION NINETY-NINE-Q OF THE STATE FINANCE LAW, SHALL BE
ADMINISTERED BY THE COMMISSIONER FOR USE AS THE STATE SHARE OF THE FUND-
A. 1997 3
ING PROVIDED UNDER THIS SECTION. THE MONIES OF THE FUND SHALL BE USED
EXCLUSIVELY FOR THE REGIONAL CONSERVATION PARTNERSHIP FUNDING.
S 3. The state finance law is amended by adding a new section 99-q to
read as follows:
S 99-Q. REGIONAL CONSERVATION PARTNERSHIPS DEDICATED FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A FUND TO
BE KNOWN AS THE REGIONAL CONSERVATION PARTNERSHIPS DEDICATED FUND.
2. SUCH FUND SHALL CONSIST OF PROCEEDS FROM THE OPEN SPACE ACCOUNT OR
THE ENVIRONMENTAL PROTECTION FUND, AS PROVIDED FOR BY THE STATE COMP-
TROLLER, IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
3. ALL MONIES IN THE FUND SHALL BE USED FOR THE STATE SHARE OF
REGIONAL CONSERVATION PARTNERSHIPS PROGRAM.
4. THE MONIES, WHEN ALLOCATED, SHALL BE PAID OUT OF THE FUND ON THE
AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED BY THE
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR HIS DULY
DESIGNATED OFFICER.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.