S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3712                                                  A. 5505
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 IN  SENATE  --  Introduced by Sens. LAVALLE, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cities
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Local Governments

 AN ACT to amend the general city law, the town law and the village  law,
   in relation to identifying lands at risk from sea level rise or flood-
   ing as eligible sending districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 of section  20-f  of
 the  general  city  law,  as added by chapter 40 of the laws of 1989, is
 amended to read as follows:
   In addition to existing powers and authorities to regulate by planning
 or zoning including authorization to provide for transfer of development
 rights pursuant to other enabling law, the legislative body of any  city
 is  hereby  empowered  to  provide  for  transfer  of development rights
 subject to the conditions hereinafter set forth and  such  other  condi-
 tions  as the city legislative body deems necessary and appropriate that
 are consistent with the purposes of this section, except that in  cities
 of over one million any transfer of development rights shall be provided
 in  the  zoning ordinance after adoption by the city planning commission
 and board of estimate. The purpose of providing for transfer of develop-
 ment rights shall be to protect  the  natural,  scenic  or  agricultural
 qualities of open lands, to enhance sites and areas of special character
 or  special  historical,  cultural,  aesthetic  or  economic interest or
 value, TO PROTECT LANDS AT RISK FROM SEA  LEVEL  RISE,  STORM  SURGE  OR
 FLOODING,  and to enable and encourage flexibility of design and careful
 management of land in recognition  of  land  as  a  basic  and  valuable
 natural resource. The conditions hereinabove referred to are as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03307-01-9

 S. 3712                             2                            A. 5505
 
   §  2. Paragraph a of subdivision 2 of section 20-f of the general city
 law, as added by chapter 40 of the laws of 1989, is amended to  read  as
 follows:
   a.  That transfer of development rights, and the sending and receiving
 districts, shall be established in  accordance  with  a  well-considered
 plan  within the meaning of subdivision twenty-five of section twenty of
 this article.  The sending district from which transfer  of  development
 rights may be authorized shall consist of natural, scenic, recreational,
 agricultural  or  open  land  or  sites of special historical, cultural,
 aesthetic or economic values sought to be protected  OR  LANDS  AT  RISK
 FROM  SEA LEVEL RISE, STORM SURGE OR FLOODING. Every receiving district,
 to which transfer of development rights may be  authorized,  shall  have
 been  found  by  the  legislative body of the city, after evaluating the
 effects of potential increased development which is possible  under  the
 transfer   of   development   rights  provisions,  to  contain  adequate
 resources,  environmental  quality  and  public   facilities   including
 adequate   transportation,   water   supply,  waste  disposal  and  fire
 protection, and that there will be no significant environmentally damag-
 ing consequences and such increased development is compatible  with  the
 development  otherwise  permitted by the city and by the federal, state,
 and county agencies having jurisdiction to approve permissible  develop-
 ment  within  the  district.  A  generic  environmental impact statement
 pursuant to the provisions of article eight of the environmental conser-
 vation law shall be prepared by the  city  for  the  receiving  district
 before  any  such  district, or any sending district, is designated, and
 such statement shall be amended from time to time by the city  if  there
 are  material changes in circumstances.  Where a transfer of development
 rights affects districts in two or more school,  special  assessment  or
 tax  districts,  it may not unreasonably transfer the tax burden between
 the taxpayers of such districts. The  receiving  and  sending  districts
 need not be coterminous with zoning districts.
   §  3.  The  opening paragraph of subdivision 2 of section 261-a of the
 town law, as added by chapter 40 of the laws of 1989, is amended to read
 as follows:
   In addition to existing powers and authorities to regulate by planning
 or zoning, including authorization to provide for transfer  of  develop-
 ment  rights  pursuant  to  other  enabling  law, a town board is hereby
 empowered to provide for transfer of development rights subject  to  the
 conditions  hereinafter  set forth and such other conditions as the town
 board deems necessary and  appropriate  that  are  consistent  with  the
 purposes  of  this  section.  The  purpose  of providing for transfer of
 development rights shall be to protect the natural, scenic  or  agricul-
 tural  qualities  of  open  lands, to enhance sites and areas of special
 character or special historical, cultural, aesthetic or economic  inter-
 est  or value, TO PROTECT LANDS AT RISK FROM SEA LEVEL RISE, STORM SURGE
 OR FLOODING and to enable and encourage flexibility of design and  care-
 ful  management  of  land in recognition of land as a basic and valuable
 natural resource. The conditions hereinabove referred to are as follows:
   § 4. Paragraph a of subdivision 2 of section 261-a of the town law, as
 added by chapter 40 of the laws of 1989, is amended to read as follows:
   a. That transfer of development rights, and the sending and  receiving
 districts,  shall be established in accordance with a comprehensive plan
 within the meaning of section two hundred sixty-three of  this  article.
 The  sending  district  from which transfer of development rights may be
 authorized shall consist of natural, scenic, recreational, agricultural,
 forest, or open land or sites of special historical, cultural, aesthetic

 S. 3712                             3                            A. 5505
 
 or economic values sought to be protected OR  LANDS  AT  RISK  FROM  SEA
 LEVEL  RISE,  STORM SURGE OR FLOODING. Every receiving district to which
 transfer of development rights may be authorized, shall have been  found
 by  the  town board, after evaluating the effects of potential increased
 development which is possible under the transfer of  development  rights
 provisions,  to  contain  adequate  resources, environmental quality and
 public facilities,  including  adequate  transportation,  water  supply,
 waste  disposal  and  fire protection, and that there will be no signif-
 icant environmentally damaging consequences and such increased  develop-
 ment  is compatible with the development otherwise permitted by the town
 and by the federal, state, and county agencies  having  jurisdiction  to
 approve  permissible development within the district. A generic environ-
 mental impact statement pursuant to the provisions of article  eight  of
 the  environmental  conservation law shall be prepared by the town board
 for the receiving district before any  such  district,  or  any  sending
 district,  is  designated, and such statement shall be amended from time
 to time by the town board if  there  are  material  changes  in  circum-
 stances. Where a transfer of development rights affects districts in two
 or  more  school, special assessment or tax districts, it may not unrea-
 sonably transfer the tax burden between the taxpayers of such districts.
 The receiving and sending districts need not be coterminous with  zoning
 districts.
   §  5.  The  opening paragraph of subdivision 2 of section 7-701 of the
 village law, as added by chapter 40 of the laws of 1989, is  amended  to
 read as follows:
   In addition to existing powers and authorities to regulate by planning
 or  zoning,  including authorization to provide for transfer of develop-
 ment rights pursuant to other enabling law, a board of trustees is here-
 by empowered to provide for transfer of development  rights  subject  to
 the  conditions  hereinafter  set  forth  and such other conditions as a
 village board of trustees  deems  necessary  and  appropriate  that  are
 consistent  with  the purposes of this section. The purpose of providing
 for transfer of development rights shall  be  to  protect  the  natural,
 scenic  or  agricultural  qualities  of open lands, to enhance sites and
 areas of special character or special historical, cultural, aesthetic or
 economic interest or value, TO PROTECT LANDS  AT  RISK  FROM  SEA  LEVEL
 RISE,  STORM  SURGE OR FLOODING, and to enable and encourage flexibility
 of design and careful management of land in recognition  of  land  as  a
 basic and valuable natural resource. The conditions hereinabove referred
 to are as follows:
   § 6. Paragraph a of subdivision 2 of section 7-701 of the village law,
 as  added  by  chapter  40  of  the  laws of 1989, is amended to read as
 follows:
   a. That the transfer  of  development  rights,  and  the  sending  and
 receiving  districts,  shall be established in accordance with a compre-
 hensive master plan within the meaning of section 7-722 of this article.
 The sending district from which transfer of development  rights  may  be
 authorized  shall consist of natural, scenic, recreational, agricultural
 or open land or sites of  special  historical,  cultural,  aesthetic  or
 economic  values  sought to be protected OR LANDS AT RISK FROM SEA LEVEL
 RISE, STORM SURGE OR FLOODING. Every receiving district, to which trans-
 fer of development rights may be authorized shall have been found by the
 board of trustees, after evaluating the effects of  potential  increased
 development  which  is possible under the transfer of development rights
 provisions to contain  adequate  resources,  environmental  quality  and
 public  facilities,  including  adequate  transportation,  water supply,

 S. 3712                             4                            A. 5505
 
 waste disposal and fire protection, and that there will  be  no  signif-
 icant  environmentally damaging consequences and such increased develop-
 ment is compatible with  the  development  otherwise  permitted  by  the
 village  and by the federal, state, and county agencies having jurisdic-
 tion to approve permissible development within the district.  A  generic
 environmental  impact  statement  pursuant  to the provisions of article
 eight of the environmental conservation law shall  be  prepared  by  the
 village  for  the  receiving  district  before any such district, or any
 sending district, is designated, and such  statement  shall  be  amended
 from  time  to  time  by  the  village, if there are material changes in
 circumstances.  Where a transfer of development rights affects districts
 in two or more school, special assessment or tax districts, it  may  not
 unreasonably  transfer  the  tax  burden  between  the taxpayers of such
 districts. The receiving and sending districts need not  be  coterminous
 with zoning districts.
   § 7. This act shall take effect immediately.