NY State Senate Bill 2019-S7761

Senate Bill S7761

2019-2020 Legislative Session

Relates to authorizing any city or town, except New York city, to establish community preservation funds

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2020	referred to local government

2019-S7761 (ACTIVE) - Details

See Assembly Version of this Bill:: A10188
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §6-s, Gen Muni L; amd §1560, Tax L

2019-S7761 (ACTIVE) - Summary

Authorizes all towns and cities outside of New York city to establish community preservation funds; authorizes the imposition of a real estate transfer tax with revenues therefrom to be deposited in such community preservation funds.

2019-S7761 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7761

SPONSOR: METZGER
 
TITLE OF BILL:

An act to amend the general municipal law and the tax law, in relation
to expanding the authorization for the establishment of community pres-
ervation funds to include any town or city within a county but excluding
cities with a population of one million or more

 
PURPOSE:

To authorize any town or city within any county in the state outside of
a city with a population of one million or more to establish a community
preservation fund.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Amends section 6-s of the general municipal law to expand
the towns and cities authorized to establish community preservation
funds to include any town or city within any county outside of a city

with a population of one million or more. It also expands the list of
community preservation activities to include preservation of water
infrastructure and preservation and promotion of safe and affordable
housing using the state smart growth public infrastructure criteria.

Section 2 - Amends subdivision 11 of section 1560 of the tax law to
expand the definition of "designated community" to include any town or
city within a county outside of a city with a population of one million
or more.

Section 3 - Effective date.

 
EXISTING LAW:

Currently, only a limited number of counties and towns have the authori-
zation to establish community preservation funds.

 
JUSTIFICATION:

Towns throughout New York state face tremendous development pressure,
jeopardizing the preservation of open spaces, agricultural lands, park-
lands, waterways, and irreplaceable natural and historic resources.
Community preservation funds provide a valuable tool for local govern-
ments to protect these resources for the benefit of current and future
generations. To date, community preservation funds have been authorized
in several counties and towns in the Hudson Valley and in the Peconic
Bay region of Long Island, together protecting more than 10,000 acres of
farms, parkland, and open space.

Expanding the authorization to establish community preservation funds
statewide will equip municipalities across the state to better protect
and enhance the important lands and resources within their borders. By
including the preservation of water infrastructure and safe and afforda-
ble housing in community preservation plans, municipalities will be able
to take a more comprehensive approach to safeguarding resources and
promoting smart growth.

 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7761 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7761
 
                             I N  S E N A T E
 
                             February 14, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law and the tax law,  in  relation
   to  expanding  the  authorization  for  the establishment of community
   preservation funds to include any town or city  within  a  county  but
   excluding cities with a population of one million or more

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1 and subdivision 4 of section
 6-s of the general municipal law, paragraph  (d)  of  subdivision  1  as
 amended by chapter 608 of the laws of 2019 and subdivision 4 as added by
 chapter 596 of the laws of 2007, are amended to read as follows:
   (d)  "Designated  community" means any town or city within [the Hudson
 Valley counties of Putnam, Ulster, or Westchester] A COUNTY,  BUT  SHALL
 NOT INCLUDE ANY CITY WITH A POPULATION OF ONE MILLION OR MORE.
   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; (c) preservation of lands
 of exceptional scenic value; (d) preservation  of  fresh  and  saltwater
 marshes  or  other wetlands; (e) preservation of aquifer recharge areas;
 (f) preservation of undeveloped beachlands or shoreline; (g)  establish-
 ment  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
 unique or threatened ecological areas; (i) preservation  of  rivers  and
 river  areas  in  a natural, free-flowing condition; (j) preservation of
 forested land; (k) preservation of public access to lands for public use
 including stream rights and  waterways;  (l)  preservation  of  historic
 places  and properties listed on the New York state register of historic
 places and/or protected under a municipal  historic  preservation  ordi-
 nance  or law; (m) undertaking any of the paragraphs of this subdivision
 in furtherance of the establishment of a greenbelt; [and] (n)  preserva-
 tion of land which is predominantly viable agricultural land, as defined
 in subdivision seven of section three hundred one of the agriculture and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15368-02-0

 S. 7761                             2
 
 markets  law,  or unique and irreplaceable agricultural land, as defined
 in subdivision six of section three hundred one of the  agriculture  and
 markets law; (O) PRESERVATION OF WATER INFRASTRUCTURE; AND (P) PRESERVA-
 TION  AND PROMOTION OF SAFE AND AFFORDABLE HOUSING USING THE STATE SMART
 GROWTH PUBLIC INFRASTRUCTURE CRITERIA AS PROVIDED IN SUBDIVISION TWO  OF
 SECTION 6-0107 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  2.  Subdivision  11  of  section 1560 of the tax law, as amended by
 chapter 608 of the laws of 2019, is amended to read as follows:
   11. "Designated community" means any town or city within  [the  Hudson
 Valley  counties  of Putnam, Ulster, or Westchester] A COUNTY, BUT SHALL
 NOT INCLUDE ANY CITY WITH A POPULATION OF ONE MILLION OR MORE.
   § 3. This act shall take effect immediately.

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