Senate Bill S9628

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9628
 
                             I N  S E N A T E
 
                              March 30, 2026
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation  to  the  use  of  funds  from
   Peconic Bay region community preservation funds for the acquisition of
   waterfront conservation easements for maritime industries and heritage

   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  is  amended
 by adding a new paragraph (g) to read as follows:
   (G) "WATERFRONT CONSERVATION EASEMENT" SHALL MEAN PROJECTS PURSUANT TO
 SUFFOLK COUNTY LAW NO 32-2025.
   §  2.  Subdivision  3  of  section 64-e of the town law, as amended by
 chapter 666 of the laws of 2024, 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 (10) 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,  AND  (F)  TO  ACQUIRE  WATERFRONT
 CONSERVATION  EASEMENTS  TO MAINTAIN AND ENHANCE MARITIME INDUSTRIES AND
 HERITAGE WHICH SHALL INCLUDE BUT NOT BE LIMITED  TO  WORKING  WATERFRONT
 PROJECTS,  AQUACULTURE  BUSINESSES,  COMMERCIAL  FISHERIES, RECREATIONAL
 FISHING, BOATING BUSINESSES, PROCESSING FACILITIES, PACKOUT  FACILITIES,
 ICEHOUSES,  STORAGE  AND  ALL OTHER ACTIVITIES APPURTENANT TO COMMERCIAL
 FISHING, COMMERCIAL AQUACULTURE AND MARITIME INDUSTRIES.   A maximum  of
 twenty  (20)  percent of the fund may be utilized for the implementation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14571-02-6
 S. 9628                             2
 
 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.
 Unused funds allocated for water quality improvement  projects  pursuant
 to  this subdivision may be carried forward from year to year for utili-
 zation in future budgets. In towns with one or more disadvantaged commu-
 nities, not less than ten (10) percent of the  annual  proceeds  of  the
 fund  shall  be  utilized  to benefit such disadvantaged communities.  A
 MAXIMUM OF TEN (10) PERCENT OF THE FUNDS MAY  BE  UTILIZED  TO  PURCHASE
 WATERFRONT CONSERVATION EASEMENTS. If the implementation of the communi-
 ty  preservation  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 obligations incurred to effectuate the purposes of this
 section.
   § 3. Subdivision 4 of section 64-e of the  town  law,  as  amended  by
 chapter 666 of the laws of 2024, 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 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 fresh and saltwater marshes or other wetlands; (e) pres-
 ervation of aquifer recharge  areas;  (f)  preservation  of  undeveloped
 beachlands  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)
 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; (n) preservation of lands
 necessary to protect fisheries and water  dependent  uses  essential  to
 maintain  and  enhance maritime heritage; (o) preservation of lands that
 contain significant cultural resources including the aboriginal lands of
 indigenous peoples, including but not limited to, burial sites,  settle-
 ments,  and  lands utilized for ceremonial purposes; [and] (p) PRESERVA-
 TION OF WATERFRONT ACCESS FOR COMMERCIAL FISHING, AQUACULTURE (INCLUDING
 BUT NOT LIMITED TO, OYSTER AND KELP FARMING), RECREATIONAL  FISHING  AND
 BOATING  BUSINESSES;  AND  (Q)  undertaking any of the aforementioned in
 furtherance of the establishment of a greenbelt. Preservation of  commu-
 nity  character shall also include the protection and improvement of the
 quality of all water resources.
   § 4. Subdivision 9-a of section 64-e of the town  law  is  amended  by
 adding a new paragraph (b-1) to read as follows:
 S. 9628                             3
 
   (B-1) IN THE CASE OF INTERESTS OR RIGHTS IN REAL PROPERTY ACQUIRED FOR
 WATERFRONT CONSERVATION EASEMENT PURPOSES AND PRESERVING LANDS NECESSARY
 TO  PROTECT FISHERIES AND WATER DEPENDENT USES ESSENTIAL TO MAINTAIN AND
 ENHANCE MARITIME INDUSTRIES AND  HERITAGE;  MANAGEMENT  AND  STEWARDSHIP
 FUNDS MAY ONLY BE EXPENDED FOR:
   (1) PROJECTS WHICH PROMOTE THE PROTECTION OR ENHANCEMENT OF THE WATER-
 FRONT  ACCESS  FOR  COMMERCIAL FISHING, AQUACULTURE, MARITIME INDUSTRIES
 AND  MARITIME  HERITAGE  FOR  WHICH  THE  INTERESTS  OR  EASEMENTS  WERE
 ACQUIRED;
   (2)  MINIMAL  IMPROVEMENTS  AS  PERMITTED  BY SUBDIVISION NINE OF THIS
 SECTION; OR
   (3) RESTORATION OF ACQUIRED WATERFRONT CONSERVATION  PROPERTY  TO  ITS
 NATURAL STATE, INCLUDING DEMOLITION OF EXISTING BUILDINGS.
   § 5. This act shall take effect immediately.