senate Bill S4104A

Signed By Governor
2013-2014 Legislative Session

Includes preservation of undeveloped beachland and shoreline at risk of coastal flooding due to storms and projected sea level rise

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Archive: Last Bill Status Via A5939 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 22, 2013 signed chap.423
Oct 11, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1191
substituted for s4104a
Jun 20, 2013 substituted by a5939a
Jun 12, 2013 amended on third reading (t) 4104a
vote reconsidered - restored to third reading
Jun 12, 2013 returned to senate
recalled from assembly
Jun 11, 2013 referred to local governments
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1191
committee discharged and committed to rules
Mar 08, 2013 referred to local government

Votes

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Jun 10, 2013 - Rules committee Vote

S4104
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S4104 - Bill Details

See Assembly Version of this Bill:
A5939A
Law Section:
Town Law
Laws Affected:
Amd §64-e, Town L

S4104 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4104

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.

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

    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 or

 EXPLANATION--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.

S4104A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5939A
Law Section:
Town Law
Laws Affected:
Amd §64-e, Town L

S4104A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4104A

TITLE OF BILL: An act to amend the town law, in relation to including
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

PURPOSE OR GENERAL IDEA OF BILL: To include preservation of
underdeveloped 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

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
underdeveloped beachlands and shorelines to include those at
significant risk of coastal flooding due to projected sea level rise
and future storms as part of preservation of community character for
the purposes of 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4104--A                                            A. 5939--A
    Cal. No. 1191

                       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  -- committee discharged and said bill committed to the Committee
  on Rules

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the town law, in relation to including preservation of
  undeveloped beachland and shoreline at risk of coastal flooding due to
  storms and projected sea level rise as part of preservation of  commu-
  nity  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  INCLUDING  THOSE  AT  SIGNIFICANT  RISK OF COASTAL
FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS;  (g)  estab-
lishment  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) preserva-
tion  of  pine barrens consisting of such biota as pitch pine, and scrub
oak; (i) preservation of unique  or  threatened  ecological  areas;  (j)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08900-02-3

S. 4104--A                          2                         A. 5939--A

preservation of rivers and river areas in a natural, free-flowing condi-
tion;  (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  munici-
pal  historic  preservation ordinance or law; and (n) undertaking any of
the aforementioned in furtherance of the establishment of a greenbelt.
  S 2. This act shall take effect immediately.

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