Includes preservation of undeveloped beachland and shoreline at risk of coastal flooding due to storms and projected sea level rise

BILL NUMBER:S4104A

Title of bill

An act to amend the town law, in relation to including preservation of undeveloped beachland and shoreline at risk of coastal flooding due to storms and projected sea level rise as part of preservation of community character for the purposes of the Peconic bay region community preservation funds

Purpose or general idea of bill

To include preservation of underdeveloped beachland and shoreline at risk of coastal flooding due to storms and projected sea level rise as part of preservation of community character for the purposes of the Peconic Bay Region Community Preservation Funds

Summary of specific provisions

Subdivision 4 of Section 64-e of the town law, as amended by Chapter 373 of the Laws of 2008, is amended to include as a purpose for "community preservation" the preservation of underdeveloped beachlands and shorelines to include those at significant risk of coastal flooding due to projected sea level rise and future storms as part of preservation of community character for the purposes of the Peconic Bay Region Community Preservation Funds.

Justification

In 1998, the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized towns in the Peconic Bay Region (East Hampton, Riverhead, Shelter Island, Southampton and Southold) to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, and historic preservation and for park and recreation purposes. The revenue for said fund is derived from a two-percent real estate transfer tax. In 2002, the State Legislature adopted Chapter 250 of the Laws of 2002 which authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31, 2020, subject to mandatory referendum. In 2006, the State Legislature again extended the expiration date of the real estate transfer tax until December 31, 2030 by Chapter 391 of the Laws of 2006.

The Community Preservation Fund has been a widely popular and successful land protection program on the East End, protecting the ecological, biological, agricultural and economic value of more than 10,000 acres of land. There is a need to further ensure that we protect lands that are currently at risk of coastal flooding and areas which are projected to be affected by future Projected sea level rise and coastal flooding. These lands themselves are environmentally sensitive lands, acting as a buffer to protect other already protected lands and coastal communities.

Prior legislative history

2013: New Legislation

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.