Assembly Bill A7802

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

                                  7802

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

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 the authorization to make
  payments for certain school,  fire,  fire  protection,  and  ambulance
  districts for lands pursuant to the Peconic Bay community preservation
  fund

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

  Section 1. Subdivision 3 of section 64-e of the town law,  as  amended
by chapter 373 of the laws of 2008, is amended to read as follows:
  3.  The  purposes of the fund shall be exclusively, (a) to implement a
plan for the preservation of community character  as  required  by  this
section,  (b)  to  acquire  interests or rights in real property for the
preservation of community character within the town  including  villages
therein  in  accordance  with  such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer  of  development
rights  program  consistent with section two hundred sixty-one-a of this
chapter, AND (d) to provide a management  and  stewardship  program  for
such  interests  and rights consistent with subdivisions nine and nine-a
of this section and in accordance with such plan  designed  to  preserve
community character; provided that not more than ten percent of the fund
shall  be  utilized for the management and stewardship program[, and (e)
to make payments to fire, fire protection  and  ambulance  districts  in
connection  with  lands  owned by the state or any municipal corporation
within the central pine barrens area as defined in  subdivision  ten  of
section 57-0107 of the environmental conservation law. Such payments may
only  be  made  to  districts where more than twenty-five percent of the
assessed value of such district is  wholly  exempt  from  real  property
taxation  pursuant  to  the real property tax law because it is owned by
the state or a municipal corporation. Not more than ten percent  of  the
fund may be used for said purpose in any calendar year. School districts

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11225-01-9
              

A. 7802                             2

shall also be eligible for such payments, provided (1) that real proper-
ty  within  such  school  district has been made wholly exempt from real
property taxation pursuant to the real property tax  law  to  effectuate
the  purposes of the fund, and (2) such school district is determined to
be a high need or average need school  district  pursuant  to  the  need
resource  capacity  index established by the state education department.
Such payments from the fund shall not exceed the  actual  tax  liability
that  would  have  been due if such lands of the state or of a municipal
corporation had been subject to real property taxation. Where more  than
one  district  is  eligible for such a payment under this provision, and
such payment is less than the actual tax liability that would have  been
due  if  such  lands  of  the  state or a municipal corporation had been
subject to real property taxation, the town shall apportion such  annual
payment on the basis of the total tax levied by each district within the
town  for  the  year such payment is made. Such payment made by the town
shall be used solely to reduce the property tax liability of the remain-
ing taxpayers of the district within said town].  If the  implementation
of  the community preservation project plan, adopted by a town board, as
provided in subdivision six of this section,  has  been  completed,  and
funds  are  no  longer needed for the purposes outlined in this subdivi-
sion, then any remaining monies in the fund shall be applied  to  reduce
any  bonded  indebtedness  or  obligations  incurred  to  effectuate the
purposes of this section.
  S 2. All local laws enacted pursuant to chapter 250  of  the  laws  of
2002 by the town of Southampton and chapter 531 of the laws of 2007, and
all  appropriations  authorized  pursuant  to such local laws are hereby
legalized, validated, ratified, and confirmed.
  S 3. This act shall take effect immediately.