S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8252
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend  the  town law, in relation to permitting the town of
   Warwick to utilize preservation funds for the implementation of  water
   quality  improvement  projects,  aquatic habitat restoration projects,
   pollution prevention projects, and stormwater collecting systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1, 3, and 4 of section 64-g of the town law,
 as added by chapter 262 of the laws of 2005, are  amended  and  two  new
 subdivisions 9-a and 11 are added to read as follows:
   1.  As  used in this section, the following words and terms shall have
 the following meanings:
   (a) "Town" means the town of Warwick.
   (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: (I) WASTEWATER TREAT-
 MENT IMPROVEMENT PROJECTS; (II) NON-POINT SOURCE ABATEMENT  AND  CONTROL
 PROGRAM  PROJECTS DEVELOPED PURSUANT TO SECTION ELEVEN-B OF THE SOIL AND
 WATER CONSERVATION DISTRICTS LAW, OR TITLE FOURTEEN OF ARTICLE SEVENTEEN
 OF THE ENVIRONMENTAL CONSERVATION LAW; (III) AQUATIC HABITAT RESTORATION
 PROJECTS; (IV) POLLUTION PREVENTION PROJECTS; (V)  THE  CONSTRUCTION  OF
 PUBLIC WATER MAINS AND CONNECTIONS TO PROVIDE DRINKING WATER TO INHABIT-
 ANTS  WHOSE  DRINKING WATER SUPPLY HAS BEEN CONTAMINATED BY TOXIC CHEMI-
 CALS AS DEFINED IN SECTION 37-0301  OF  THE  ENVIRONMENTAL  CONSERVATION
 LAW,  HAZARDOUS SUBSTANCES AS DEFINED IN SECTION 40-0105 OF THE ENVIRON-
 MENTAL CONSERVATION LAW OR EMERGING CONTAMINANTS AS DEFINED  IN  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11803-02-5
              

 A. 8252                             2
 
 ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW; AND (VI) A SEPTIC SYSTEM
 REPLACEMENT  LOAN  PROGRAM,  PURSUANT  TO  SECTION SIXTY-FOUR-EE OF THIS
 ARTICLE. SUCH PROJECTS SHALL HAVE AS THEIR PURPOSE  THE  IMPROVEMENT  OF
 EXISTING  WATER  QUALITY  TO MEET EXISTING SPECIFIC WATER QUALITY STAND-
 ARDS. PROJECTS WHICH HAVE AS A PURPOSE  TO  PERMIT  OR  ACCOMMODATE  NEW
 GROWTH SHALL NOT BE INCLUDED WITHIN THIS DEFINITION.
   (F) "TOWN BOARD" MEANS THE TOWN BOARD OF THE TOWN OF WARWICK.
   (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.
   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, [and] (d) to provide a management and stewardship  program  for
 such  interests  and  rights  consistent  with  subdivision nine of this
 section and in accordance with such plan designed to preserve  community
 character,  AND  (E)  TO  IMPLEMENT  WATER QUALITY IMPROVEMENT PROJECTS,
 AQUATIC HABITAT RESTORATION  PROJECTS,  POLLUTION  PREVENTION  PROJECTS,
 STORMWATER  COLLECTING  SYSTEMS,  IN  ACCORDANCE WITH A PLAN TO PRESERVE
 COMMUNITY CHARACTER AND PROTECT NATURAL RESOURCES.  Not more than  [ten]
 THIRTY  percent  of  the  fund  shall be utilized for the management and
 stewardship program.  NOT MORE THAN TEN PERCENT OF  THE  FUND  SHALL  BE
 UTILIZED  FOR  THE IMPLEMENTATION OF WATER QUALITY IMPROVEMENT PROJECTS,
 AQUATIC HABITAT RESTORATION PROJECTS, POLLUTION PREVENTION PROJECTS, AND
 STORMWATER COLLECTING SYSTEMS, IN ACCORDANCE WITH  A  PLAN  TO  PRESERVE
 COMMUNITY CHARACTER AND PROTECT NATURAL RESOURCES. If the implementation
 of  the  community preservation project plan, adopted by the 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 subdivi-
 sion, then any remaining monies in the fund shall be applied  to  reduce
 any  bonded  indebtedness  or  obligations  incurred  to  effectuate the
 purposes of this section.
 A. 8252                             3
 
   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,  PROVIDED,  HOWEVER,  THAT FARM BUILDINGS AND STRUCTURES USED FOR
 THE MARKETING OF FARM PRODUCTS PRODUCED ON SUCH AGRICULTURAL LANDS SHALL
 BE PERMITTED; (c) preservation of lands of exceptional scenic value; (d)
 preservation  of aquifer recharge areas; (e) preservation of undeveloped
 beachlands or shoreline; (f) 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; (g) preservation of unique or threatened ecological
 areas; (h) preservation of rivers and river areas in  a  natural,  free-
 flowing  condition;  (i) preservation of forested land; (j) preservation
 of public access to lands for public use including LAKES, stream  rights
 and waterways; (k) 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 law; [and] (l) PRESERVA-
 TION OF AQUIFER RECHARGE AREAS; AND (M) undertaking any of the aforemen-
 tioned in furtherance of the establishment of a greenbelt.
   9-A. (A) EXCEPT FOR INTERESTS OR RIGHTS IN REAL PROPERTY ACQUIRED  FOR
 HISTORIC  PRESERVATION  PURPOSES,  MANAGEMENT  AND  STEWARDSHIP PROJECTS
 SHALL BE ONLY EXPENDED FOR: (I) PROJECTS WHICH PROMOTE THE PROTECTION OR
 ENHANCEMENT OF THE NATURAL, SCENIC, AND OPEN SPACE CHARACTER  FOR  WHICH
 THE  INTERESTS  OR RIGHTS IN REAL PROPERTY WERE ACQUIRED; (II) ACCESSORY
 USES RELATED TO THE PURPOSE FOR WHICH THE INTERESTS OR  RIGHTS  IN  REAL
 PROPERTY WERE ACQUIRED CONSISTENT WITH SUBDIVISION NINE OF THIS SECTION;
 OR  (III)  RESTORATION  OF  ACQUIRED  REAL PROPERTY TO ITS NATURAL STATE
 INCLUDING THE DEMOLITION OF EXISTING BUILDINGS AND STRUCTURES.
   (B) IN THE CASE OF INTERESTS OR RIGHTS IN REAL PROPERTY  ACQUIRED  FOR
 HISTORIC  PRESERVATION  PURPOSES,  FUNDS  MAY  BE  EXPENDED ONLY FOR THE
 RESTORATION AND REHABILITATION OF BUILDINGS  AND  STRUCTURES  CONSISTENT
 WITH ACCEPTED STANDARDS FOR HISTORIC PRESERVATION.
   (C)  EXPENSES  RELATED  TO  THE CUSTOMARY OPERATION AND MAINTENANCE OF
 ACQUIRED INTERESTS OR RIGHTS IN REAL PROPERTY SHALL  BE  PERMITTED  FROM
 THE FUND.
   (D)  ANY  PROJECT  FUNDED  PURSUANT  TO  THIS SUBDIVISION SHALL HAVE A
 USEFUL LIFE OF FIVE YEARS OR MORE  UNDER  SECTION  11.00  OF  THE  LOCAL
 FINANCE LAW.
   11. THE COST OF EMPLOYEES AND INDEPENDENT CONTRACTORS TO IMPLEMENT THE
 PROVISIONS  OF THIS SECTION SHALL ONLY BE PAID FOR BY THE FUND WHERE THE
 DUTIES AND RESPONSIBILITIES OF SAID EMPLOYEES AND  INDEPENDENT  CONTRAC-
 TORS  ARE  DIRECTLY  DEDICATED  TO  IMPLEMENTING  THE PROVISIONS OF THIS
 SECTION.   WHERE SUCH EMPLOYEES  AND  INDEPENDENT  CONTRACTORS  ARE  NOT
 EXCLUSIVELY DEDICATED TO IMPLEMENTING THE PROVISIONS OF THIS SECTION, NO
 MORE  THAN  THE  COST  OF THE ACTUAL TIME EXPENDED DIRECTLY DEDICATED TO
 IMPLEMENTING THE PROVISIONS OF THIS SECTION MAY BE CHARGED TO THE  FUND.
 SUCH COSTS SHALL BE EXPRESSLY IDENTIFIED IN THE TOWN BUDGET AND ANY PLAN
 ADOPTED  PURSUANT  TO  THIS SECTION BEFORE FUNDS FOR SUCH COSTS SHALL BE
 EXPENDED.   IN ADDITION, SUCH  COSTS  SHALL  BE  DOCUMENTED  BY  A  TIME
 ACCOUNTING SYSTEM, SUBJECT TO AUDIT. COSTS RELATING TO THE ACTIVITIES OF
 ELECTED OFFICIALS IMPLEMENTING THE PURPOSES OF THIS SECTION SHALL NOT BE
 A CHARGE TO THE FUND.
   § 2. This act shall take effect immediately.