New York A 6149: Relates to community preservation funds for the town of Wawayanda

Bill Text

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A06149 Summary:

BILL NOA06149 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBrabenec

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §64-l, Town L; add Art 31-A-4 §§1439-aaa - 1439-ppp, Tax L

&nbsp

Authorizes the town of Wawayanda to establish community preservation funds; establishes a real estate transfer tax with revenues therefrom to be deposited in said community preservation fund.

Go to top A06149 Actions:

BILL NOA06149 

&nbsp

02/26/2025referred to local governments

01/07/2026referred to local governments

Go to topA06149 Committee&nbspVotes:

Go to topA06149 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06149 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6149

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 26, 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 authorizing the town of
 Wawayanda, county of Orange to establish community preservation funds;
 to amend the tax law, in relation to authorizing the town of Wawayanda
 to impose a real estate transfer tax with revenues therefrom to be
 deposited in said community preservation fund; and providing for the
 repeal of certain provisions upon expiration thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The town law is amended by adding a new section 64-l to
 2 read as follows:
 3 § 64-l. Town of Wawayanda preservation funds. 1. As used in this
 4 section, the following words and terms shall have the following mean-
 5 ings:
 6 (a) "Town" means the town of Wawayanda.
 7 (b) "Community preservation" shall mean and include any of the
 8 purposes outlined in subdivision five of this section.
 9 (c) "Board" means the advisory board required pursuant to subdivision
 10 six of this section.
 11 (d) "Fund" means the community preservation fund created pursuant to
 12 subdivision two of this section.
 13 (e) "Tax" shall mean the real estate transfer tax imposed pursuant to
 14 section fourteen hundred thirty-nine-bbb of the tax law or, if the
 15 context clearly indicates, shall mean the real estate transfer tax
 16 imposed pursuant to article thirty-one of the tax law.
 17 2. The town board of the town of Wawayanda is authorized to establish
 18 by local law a community preservation fund pursuant to the provisions of
 19 this section. Deposits into the fund may include revenues of the local
 20 government from whatever source and shall include, at a minimum, all
 21 revenues from a tax imposed upon the transfer of real property interests

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06574-01-5

 A. 6149 2

 1 in such town pursuant to article thirty-one-A-four of the tax law. The
 2 fund shall also be authorized to accept gifts of any such interests in
 3 land or of funds. Interest accrued by monies deposited into the fund
 4 shall be credited to the fund. In no event shall monies deposited in the
 5 fund be transferred to any other account. Nothing contained in this
 6 section shall be construed to prevent the financing in whole or in part,
 7 pursuant to the local finance law, of any acquisition authorized pursu-
 8 ant to this section. Monies from the fund may be utilized to repay any
 9 indebtedness or obligations incurred pursuant to the local finance law
 10 consistent with effectuating the purposes of this section.
 11 3. The purposes of the fund shall be exclusively: (a) to implement a
 12 plan for the preservation of community character as required by this
 13 section, (b) to acquire interests or rights in real property for the
 14 preservation of community character within the town including villages
 15 therein in accordance with such plan and in cooperation with willing
 16 sellers, (c) to establish a bank pursuant to a transfer of development
 17 rights program consistent with section two hundred sixty-one-a of this
 18 chapter, and (d) to provide a management and stewardship program for
 19 such interests and rights consistent with subdivision ten of this
 20 section and in accordance with such plan designed to preserve community