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