A 8252: Permits the town of Warwick to utilize preservation funds for the implementation of water quality improvement projects.

  
  STATE OF NEW YORK ________________________________________________________________________ 8252 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Subdivisions 1, 3, and 4 of section 64-g of the town law, 2 as added by chapter 262 of the laws of 2005, are amended and two new 3 subdivisions 9-a and 11 are added to read as follows: 4 1. As used in this section, the following words and terms shall have 5 the following meanings: 6 (a) "Town" means the town of Warwick. 7 (b) "Community preservation" shall mean and include any of the 8 purposes outlined in subdivision four of this section. 9 (c) "Board" means the advisory board required pursuant to subdivision 10 five of this section. 11 (d) "Fund" means the community preservation fund created pursuant to 12 subdivision two of this section. 13 (e) "Water quality improvement project" means: (i) wastewater treat- 14 ment improvement projects; (ii) non-point source abatement and control 15 program projects developed pursuant to section eleven-b of the soil and 16 water conservation districts law, or title fourteen of article seventeen 17 of the environmental conservation law; (iii) aquatic habitat restoration 18 projects; (iv) pollution prevention projects; (v) the construction of 19 public water mains and connections to provide drinking water to inhabit- 20 ants whose drinking water supply has been contaminated by toxic chemi- 21 cals as defined in section 37-0301 of the environmental conservation 22 law, hazardous substances as defined in section 40-0105 of the environ- 23 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 1 eleven hundred twelve of the public health law; and (vi) a septic system 2 replacement loan program, pursuant to section sixty-four-ee of this 3 article. Such projects shall have as their purpose the improvement of 4 existing water quality to meet existing specific water quality stand- 5 ards. Projects which have as a purpose to permit or accommodate new 6 growth shall not be included within this definition. 7 (f) "Town board" means the town board of the town of Warwick. 8 (g) "Aquatic habitat restoration project" means the planning, design, 9 construction, management, maintenance, reconstruction, revitalization, 10 or rejuvenation activities intended to improve waters of the state of 11 ecological significance or any part thereof, including, but not limited 12 to ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and 13 shorelines thereof, to support a spawning, nursery, wintering, migrato- 14 ry, nesting, breeding, feeding, or foraging environment for fish and 15 wildlife and other biota. 16 (h) "Pollution prevention project" means the planning, design, 17 construction, improvement, maintenance or acquisition of facilities, 18 production processes, equipment or buildings owned or operated by muni- 19 cipalities for the reduction, avoidance, or elimination of the use of 20 toxic or hazardous substances or the generation of such substances or 21 pollutants so as to reduce risks to public health or the environment, 22 including changes in production processes or raw materials; such 23 projects shall not include incineration, transfer from one medium of 24 release or discharge to another medium, off-site or out-of-production 25 recycling, end-of-pipe treatment or pollution control. 26 (i) "Stormwater collecting system" means systems of conduits and all 27 other construction, devices, and appliances appurtenant thereto, 28 designed and used to collect and carry stormwater and surface water, 29 street wash, and other wash and drainage waters to a point source for 30 discharge. 31 3. The purposes of the fund shall be exclusively, (a) to implement a 32 plan for the preservation of community character as required by this 33 section, (b) to acquire interests or rights in real property for the 34 preservation of community character within the town including villages 35 therein in accordance with such plan and in cooperation with willing 36 sellers, (c) to establish a bank pursuant to a transfer of development 37 rights program consistent with section two hundred sixty-one-a of this 38 chapter, [and] (d) to provide a management and stewardship program for 39 such interests and rights consistent with subdivision nine of this 40 section and in accordance with such plan designed to preserve community 41 character, and (e) to implement water quality improvement projects, 42 aquatic habitat restoration projects, pollution prevention projects, 43 stormwater collecting systems, in accordance with a plan to preserve 44 community character and protect natural resources. Not more than [ten] 45 thirty percent of the fund shall be utilized for the management and 46 stewardship program. Not more than ten percent of the fund shall be 47 utilized for the implementation of water quality improvement projects, 48 aquatic habitat restoration projects, pollution prevention projects, and 49 stormwater collecting systems, in accordance with a plan to preserve 50 community character and protect natural resources. If the implementation 51 of the community preservation project plan, adopted by the town board, 52 as provided in subdivision six of this section, has been completed, and 53 funds are no longer needed for the purposes outlined in this subdivi- 54 sion, then any remaining monies in the fund shall be applied to reduce 55 any bonded indebtedness or obligations incurred to effectuate the 56 purposes of this section. 
 A. 8252 3 1 4. Preservation of community character shall involve one or more of 2 the following: (a) establishment of parks, nature preserves, or recre- 3 ation areas; (b) preservation of open space, including agricultural 4 lands, provided, however, that farm buildings and structures used for 5 the marketing of farm products produced on such agricultural lands shall 6 be permitted; (c) preservation of lands of exceptional scenic value; (d) 7 preservation of aquifer recharge areas; (e) preservation of undeveloped 8 beachlands or shoreline; (f) establishment of wildlife refuges for the 9 purpose of maintaining native animal species diversity, including the 10 protection of habitat essential to the recovery of rare, threatened or 11 endangered species; (g) preservation of unique or threatened ecological 12 areas; (h) preservation of rivers and river areas in a natural, free- 13 flowing condition; (i) preservation of forested land; (j) preservation 14 of public access to lands for public use including lakes, stream rights 15 and waterways; (k) preservation of historic places and properties listed 16 on the New York state register of historic places and/or protected under 17 a municipal historic preservation ordinance or law; [and] (l) preserva- 18 tion of aquifer recharge areas; and (m) undertaking any of the aforemen- 19 tioned in furtherance of the establishment of a greenbelt. 20 9-a. (a) Except for interests or rights in real property acquired for 21 historic preservation purposes, management and stewardship projects 22 shall be only expended for: (i) projects which promote the protection or 23 enhancement of the natural, scenic, and open space character for which 24 the interests or rights in real property were acquired; (ii) accessory 25 uses related to the purpose for which the interests or rights in real 26 property were acquired consistent with subdivision nine of this section; 27 or (iii) restoration of acquired real property to its natural state 28 including the demolition of existing buildings and structures. 29 (b) In the case of interests or rights in real property acquired for 30 historic preservation purposes, funds may be expended only for the 31 restoration and rehabilitation of buildings and structures consistent 32 with accepted standards for historic preservation. 33 (c) Expenses related to the customary operation and maintenance of 34 acquired interests or rights in real property shall be permitted from 35 the fund. 36 (d) Any project funded pursuant to this subdivision shall have a 37 useful life of five years or more under section 11.00 of the local 38 finance law. 39 11. The cost of employees and independent contractors to implement the 40 provisions of this section shall only be paid for by the fund where the 41 duties and responsibilities of said employees and independent contrac- 42 tors are directly dedicated to implementing the provisions of this 43 section. Where such employees and independent contractors are not 44 exclusively dedicated to implementing the provisions of this section, no 45 more than the cost of the actual time expended directly dedicated to 46 implementing the provisions of this section may be charged to the fund. 47 Such costs shall be expressly identified in the town budget and any plan 48 adopted pursuant to this section before funds for such costs shall be 49 expended. In addition, such costs shall be documented by a time 50 accounting system, subject to audit. Costs relating to the activities of 51 elected officials implementing the purposes of this section shall not be 52 a charge to the fund. 53 § 2. This act shall take effect immediately.