NY State Senate Bill 2015-S6554

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2016	referred to local government

2015-S6554 (ACTIVE) - Details

See Assembly Version of this Bill:: A9094
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §64-e, Town L

2015-S6554 (ACTIVE) - Summary

Relates to the Peconic Bay community preservation fund; defines "regional water quality improvement plan"; makes related provisions.

2015-S6554 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6554

 TITLE OF BILL :

An act to amend the town law, in relation to the Peconic Bay community
preservation fund

 PURPOSE :

This legislation amends Chapter 551 of the Laws of 2015 relating to
the Peconic Bay Community Preservation Fund (CPF

 SUMMARY OF PROVISIONS :

Section 1. 1) Provides that "water quality improvement projects"
defined by Section 64-e of the Town law includes projects undertaken
by a town through a watershed protection improvement districts; 2)
technical correction to include the word "treatment", which was
inadvertently left out of Section 64-e (1)(f) of the Town Law
(wastewater treatment improvement project); and 3) provides two new
definitions for "regional water quality and improvement plan and
"regional coordinating authority".

Section 2. Establishes how much money that is appropriated for water
quality improvement projects (exclusive of funding for the operation
of the Peconic Bay National Estuary Program), can be utilized for

wastewater treatment improvement projects.

Section 3. Amends Section 64-e of the Town Law by adding a new
subdivision 6-a to provide that in addition to the local projects plan
approval, projects must be certified by the regional coordinating
before CPF monies can be expended on a project.

 JUSTIFICATION :

Since its inception in 1999, the Peconic Bay Community Preservation
Fund (CPF), a 2% real estate transfer tax for land acquisition for
open space, farmland, and historic preservation, as well as
recreational purposes, has raised over $1 billion to protect over
10,000 acres of land on the East End of Long Island. Chapter 551 of
the Laws of 2015 was enacted to extend the CPF through 2050 to ensure
that additional funds are raised to help further protect lands and
community character. Also included in this extension was a new
provision allowing a portion of the generated revenue to be applied to
projects that will help improve water quality on the East End.

This amendment is necessary to make specific technical corrections and
provide detailed clarification which will ensure the intent of Chapter
551 of the Laws of 2015.

 LEGISLATIVE HISTORY :

2016: New Legislation

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6554 (ACTIVE) - Bill Text download pdf

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

    S. 6554                                                  A. 9094

                      S E N A T E - A S S E M B L Y

                            January 26, 2016
                               ___________

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 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 1 of section 64-e of the town law,  as  amended
by chapter 551 of the laws of 2015, is amended to read as follows:
  1.  As  used in this section, the following words and terms shall have
the following meanings:
  (a) "Peconic Bay region" means the towns of East  Hampton,  Riverhead,
Shelter Island, Southampton and Southold.
  (b)  "Community  preservation"  shall  mean  and  include  any  of the
purposes outlined in subdivision four of this section.
  (c) "Board" means the advisory board required pursuant to  subdivision
five of this section.
  (d)  "Fund"  means the community preservation fund created pursuant to
subdivision two of this section.
  (e) "Water quality improvement project" means: (1)  wastewater  treat-
ment  improvement  projects;  (2) non-point source abatement and control
program projects developed pursuant to section eleven-b of the soil  and
water conservation districts law, title 14 of article 17 of the environ-
mental  conservation  law,  section  1455b  of  the federal coastal zone
management act, or article forty-two of the executive law;  (3)  aquatic
habitat  restoration projects; (4) pollution prevention projects[,]; and
(5) the operation of the Peconic Bay National Estuary Program, as desig-
nated  by  the  United  States  Environmental  Protection  Agency.  Such
projects  shall  have as their purpose the improvement of existing water
quality to meet existing specific water quality standards. SUCH PROJECTS
SHALL ALSO INCLUDE THOSE  UNDERTAKEN  BY  A  TOWN  THROUGH  A  WATERSHED

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

                                                           LBD13374-02-6

S. 6554                             2                            A. 9094

PROTECTION  IMPROVEMENT  DISTRICT, CREATED PURSUANT TO ARTICLE TWELVE OR
TWELVE-A OF THIS CHAPTER. Projects which have as a purpose to permit  or
accommodate new growth shall not be included within this definition.
  (f)  "Wastewater  treatment  improvement  project" means the planning,
design, construction, acquisition, enlargement, extension, or alteration
of a wastewater treatment facility, including alternative systems  to  a
sewage  treatment plant or traditional septic system, to treat, neutral-
ize, stabilize, eliminate or partially eliminate sewage or reduce pollu-
tants in treatment  facility  effluent,  including  permanent  or  pilot
demonstration wastewater treatment projects, or equipment or furnishings
thereof. Stormwater collecting systems and vessel pumpout stations shall
also  be  included  within  the  definition  of  a  wastewater TREATMENT
improvement project.
  (g) "Aquatic habitat restoration project" means the planning,  design,
construction,  management,  maintenance, reconstruction, revitalization,
or rejuvenation activities intended to improve waters of  the  state  of
ecological  significance or any part thereof, including, but not limited
to ponds, bogs, wetlands, bays, sounds, streams, rivers,  or  lakes  and
shorelines  thereof, to support a spawning, nursery, wintering, migrato-
ry, nesting, breeding, feeding, or foraging  environment  for  fish  and
wildlife and other biota.
  (h)   "Pollution  prevention  project"  means  the  planning,  design,
construction, improvement, maintenance  or  acquisition  of  facilities,
production  processes, equipment or buildings owned or operated by muni-
cipalities for the reduction, avoidance, or elimination of  the  use  of
toxic  or  hazardous  substances or the generation of such substances or
pollutants so as to reduce risks to public health  or  the  environment,
including  changes  in  production  processes  or  raw  materials;  such
projects shall not include incineration, transfer  from  one  medium  of
release  or  discharge  to another medium, off-site or out-of-production
recycling, end-of-pipe treatment or pollution control.
  (i) "Stormwater collecting system" means systems of conduits  and  all
other   construction,   devices,  and  appliances  appurtenant  thereto,
designed and used to collect and carry  stormwater  and  surface  water,
street  wash,  and  other wash and drainage waters to a point source for
discharge.
  (j) "Vessel pumpout station" means a project for the planning, design,
acquisition or construction of a permanent or portable device capable of
removing human sewage from a marine holding tank.
  (K) "REGIONAL WATER QUALITY IMPROVEMENT PLAN" MEANS  A  WATER  QUALITY
IMPROVEMENT  PLAN ADOPTED PURSUANT TO STATE OR FEDERAL LAW, WHICH HAS AS
ITS PURPOSE THE IMPROVEMENT OF WATER QUALITY  IN  ALL  OR  PART  OF  THE
PECONIC  BAY REGION, INCLUDING BUT NOT LIMITED TO: (1) THE COMPREHENSIVE
CONSERVATION AND MANAGEMENT PLAN (CCMP) FOR THE PECONIC ESTUARY PROGRAM,
PURSUANT TO THE NATIONAL ESTUARY PROGRAM (P.L. 100-4)  UNDER  THE  CLEAN
WATER  ACT (P.L. 92-500), (2) THE COMPREHENSIVE CONSERVATION AND MANAGE-
MENT PLAN (CCMP) FOR THE LONG ISLAND SOUND ESTUARY PROGRAM, PURSUANT  TO
THE  NATIONAL  ESTUARY  PROGRAM  (P.L.  100-4) UNDER THE CLEAN WATER ACT
(P.L. 92-500), (3) THE SOUTH SHORE ESTUARY RESERVE COMPREHENSIVE MANAGE-
MENT PLAN, PURSUANT TO ARTICLE FORTY-SIX OF THE EXECUTIVE LAW,  AND  (4)
THE  LONG  ISLAND  NITROGEN  MANAGEMENT AND MITIGATION PLAN, PURSUANT TO
CHAPTER 53 OF THE LAWS OF 2015, INCLUDING ANY AMENDMENTS OR  UPDATES  TO
SUCH PLANS.
  (L)  "REGIONAL COORDINATING AUTHORITY" MEANS THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION OR HIS OR HER DESIGNEE,  EXCEPT  WITH  REGARD  TO
WATER  QUALITY IMPROVEMENT PROJECTS TO BE APPROVED PURSUANT TO THE SOUTH

S. 6554                             3                            A. 9094

SHORE ESTUARY RESERVE COMPREHENSIVE MANAGEMENT PLAN, WHERE THE "REGIONAL
COORDINATING AUTHORITY" SHALL BE THE SECRETARY OF STATE OR  HIS  OR  HER
DESIGNEE.
  S  2.  Subdivision  3  of  section 64-e of the town law, as amended by
chapter 551 of the laws of 2015, 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,  (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
implement water quality improvement projects in accordance with  a  plan
to preserve community character. A maximum of twenty (20) percent of the
fund may be utilized for the implementation of water quality improvement
projects;  provided  that where such water quality improvement funds are
utilized for the operation of the Peconic Bay National Estuary  Program,
the  use  of  such funds shall only be utilized to match federal, state,
county, or other public or private funds on a dollar for  dollar  basis,
not  to  exceed  ten  (10) percent of the annual amount appropriated for
water quality  improvement  projects.  FURTHER,  NOT  LESS  THAN  EIGHTY
PERCENT  OF THE ANNUAL AMOUNT APPROPRIATED FOR WATER QUALITY IMPROVEMENT
PROJECTS, EXCLUDING FUNDS UTILIZED FOR THE OPERATION OF THE PECONIC  BAY
NATIONAL  ESTUARY  PROGRAM,  SHALL  BE UTILIZED FOR WASTEWATER TREATMENT
IMPROVEMENT PROJECTS. If the implementation of the  community  preserva-
tion  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 subdivision, then any remaining monies
in  the fund shall be applied to reduce any bonded indebtedness or obli-
gations incurred to effectuate the purposes of this section.
  S 3. Section 64-e of the town law is amended by adding a new  subdivi-
sion 6-a to read as follows:
  6-A.  IN  ADDITION  TO  THE  REQUIREMENTS  OF  SUBDIVISION SIX OF THIS
SECTION, NO MONIES FROM THE FUND MAY BE EXPENDED  FOR  A  WATER  QUALITY
IMPROVEMENT PROJECT BY A TOWN, UNLESS SUCH PROJECT HAS BEEN CERTIFIED BY
THE  REGIONAL COORDINATING AUTHORITY PURSUANT TO THIS SECTION. IN MAKING
SUCH CERTIFICATION, THE REGIONAL COORDINATING AUTHORITY  SHALL  CONSIDER
THE FOLLOWING IN MAKING SUCH CERTIFICATION: (A) THE PROPOSED WATER QUAL-
ITY  IMPROVEMENT PROJECT SHALL BE FOR THE PLANNING, DESIGN, OR IMPLEMEN-
TATION OF A CAPITAL PROJECT WITH A PROBABLE USEFUL LIFE OF AT LEAST FIVE
(5) YEARS, PURSUANT TO THE STATE LOCAL FINANCE  LAW,  (B)  THE  PROPOSED
WATER  QUALITY  IMPROVEMENT  PROJECT  IS  CONSISTENT  WITH  ONE  OR MORE
REGIONAL WATER QUALITY IMPROVEMENT  PLANS,  (C)  SUCH  PROJECT  ADVANCES
MEASURABLE  WATER  QUALITY  IMPROVEMENT  FOR THE PECONIC BAY REGION, (D)
SUCH PROJECT COMPLIES  WITH  SPECIFIC  EXISTING  OR  PROPOSED  STATE  OR
REGIONAL  WATER QUALITY STANDARDS OR TARGETS, (E) IN THE CASE OF AQUATIC
HABITAT RESTORATION PROJECTS, THE PROJECT WILL PROMOTE  AQUATIC  HABITAT
RESTORATION,  AND  (F) IN THE CASE OF POLLUTION PREVENTION PROJECTS, THE
PROJECT WILL REDUCE, AVOID, AND ELIMINATE THE USE OF TOXIC OR  HAZARDOUS
SUBSTANCES,  OR  THE GENERATION OF SUCH SUBSTANCES. THE REGIONAL COORDI-

S. 6554                             4                            A. 9094

NATING AUTHORITY SHALL NOT CERTIFY PROJECTS  WHICH  ACCOMMODATE  NEW  OR
ADDITIONAL GROWTH.
  S 4. Where a town adopts the provisions of this act, said action shall
be  implemented  by local law subject to a mandatory referendum pursuant
to section 23 of the municipal home rule law.
  S 5. This act shall take effect immediately.

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Senate Bill S6554

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2015-S6554 (ACTIVE) - Details

2015-S6554 (ACTIVE) - Summary

2015-S6554 (ACTIVE) - Sponsor Memo

2015-S6554 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2015-S6554 (ACTIVE) - Details

2015-S6554 (ACTIVE) - Summary

2015-S6554 (ACTIVE) - Sponsor Memo

2015-S6554 (ACTIVE) - Bill Text download pdf

Comments