BILL NUMBER: S9065A
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the town law, in relation to the Peconic Bay region
community preservation funds; and to repeal certain provisions of such
law relating thereto
 
PURPOSE:
To update various provisions relating to the Peconic Bay region communi-
ty preservations funds.
 
SUMMARY OF PROVISIONS:
Section 1. Amends subdivisions 1 and 3 of Section 64-e of the Town law
relating to the meaning of "water quality improvement project" and
allows unused funds allocated for water quality improvement projects
pursuant to this subdivision to be carried forward from year to year for
utilization in future budgets. It also provides a definition of "disad-
vantaged communities" and establishes that not less than 10% of the
annual proceeds of the fund shall be utilized to benefit towns having
one or more disadvantaged communities.
Section 2. Subdivision 4 of Section 64-e of the Town Law is amended to
include the preservation of lands containing significant cultural
resources including the aboriginal lands of indigenous peoples, includ-
ing but not limited to, burial sites, settlements, and lands utilized
for ceremonial purposes within the scope of the preservation of communi-
ty character.
Section 3. A new subdivision 9 of Section 64-e of the Town Law replaces
the former and updates provisions relating to the administration of land
acquisition and historic and cultural property preservation. It also
allows the town to enter into agreements with not-for-profit corpo-
rations that are engaged in preservation activities to manage lands. Any
revenues generated pursuant to such an agreement shall be governed by
the town pursuant to resolution or local law.
Section 4. A new subdivision 9-a of Section 64-e of the Town Law
replaces the former and updates provisions relating to management and
stewardship funds.
Section 5. A new subdivision 11 of Section 64-e of the Town Law replaces
the former and updates the purposes for towns to enter into intermunici-
pal agreements pursuant to Article 5-g of the General Municipal Law
(Municipal Cooperation).
Section 6. A new subdivision 14 is added to Section 64-e of the Town Law
to provide that towns in the Peconic Bay region shall jointly establish,
by intermunicipal agreement, the Office of Regional Community Preserva-
tion Fund Counsel to render legal opinion and interpretations to facili-
tate the efficient and consistent administration of the funds.
Section 7. Provides for an immediate effective date
 
JUSTIFICATION:
The Peconic Bay Region Community Preservation Fund (CPF) was created
under Town Law Section 64-e and established by voter referendum in 1998.
It authorized the five East End Towns of Long Island, Southampton, East
Hampton, Shelter Island, and Southold, and Riverhead to add a new real
estate transfer tax of 2% on each transaction occurring in these towns.
Since its inception in 1999, each Town has managed its own program and
after 25 years, it has surpassed the $2 billion mark in revenues and
preserved more than 13,000 acres of land for open space, farmland, parks
and recreation, and historic preservation purposes. The State Comp-
troller recently conducted an audit of the program which concluded that
the CPF has been well administered and has fulfilled the intent and
letter of the law.
After reaching this 25-year milestone, a group of local elected offi-
cials and other stakeholders held a series of meetings to review and
discuss how to improve the CPF going forward after 25 years of success.
The proposed legislation maintains the same legislative intent and
mission for the use of the fund. The proposed amendments address proce-
dures and clarifications of law to facilitate the operation of the CPF
to better achieve its goals. The amendments also make the CPF consistent
with the State Clean Water, Clean Air, and Green Jobs Bond Act approved
in 2022.
 
LEGISLATIVE HISTORY:
2024: New Legislation
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9065: 64-e town law, 64-e(4) town law, 64-e(9) town law, 64-e(9-a) town law, 64-e(11) town law
S9065A: 64-e town law, 64-e(4) town law, 64-e(9) town law, 64-e(9-a) town law, 64-e(11) town law