May 4, 2004

Adirondack Mountain Club
American Farmland Trust
Environmental Advocates of New York
Land Trust Alliance - Northeast Region
Natural Resources Defense Council
New York Farm Bureau
New York League of Conservation Voters
Open Space Institute
Preservation League of New York State
Scenic Hudson
Sierra Club - Atlantic Chapter
(list in formation)

New Smart Growth Measure Has Broad Support

Lawmakers, Environmentalists Join to Announce New Anti-Sprawl Legislation

Assemblymember DiNapoli, Senator Marcellino Introduce Community Preservation Act

(Albany, NY) – A new bill just introduced in the state Legislature would give New York towns a desperately needed tool to preserve land and protect community character. Known as the Community Preservation Act, the proposed law would authorize towns in New York State to adopt, after a local referendum, a real estate transfer tax of up to 2 percent for the purpose of establishing a community preservation fund.

New York State reportedly loses an average of 174 acres each day to development. During a recent three-year period the population of the New York City metropolitan area grew 13 percent while the urbanized area increased 60 percent. Last fall, a Brookings Institute/Cornell University study, Sprawl Without Growth: the Upstate Paradox, looked at upstate growth patterns for the 15-year period between 1982 and 1997. It reports that the amount of urbanized land increased 30 percent, while the population grew just 2.6 percent. Even in Central New York, where the population actually declined, over 100,000 new acres were developed. The quality of life impacts are dire: lost farmland, more vehicle miles traveled, urban centers left to decay.

Some communities are already acting to control sprawl and preserve their character. One model exists on Eastern Long Island, where the five towns of the Peconic Bay region banded together in the late 1990s to create a community preservation fund to buy and protect open space, develop parkland and preserve historic sites. The towns received permission from the state Legislature to hold a local vote on a plan to tap the real estate transfer tax to create the new fund. The voters agreed and the program is now a success.

In order to extend the same opportunity to other communities across New York, Assemblymember Thomas DiNapoli and Senator Carl Marcellino have introduced the Community Preservation Act in the state Legislature. Both lawmakers chair the Environmental Conservation Committees in their respective houses. The legislation, A.10053 in the Assembly and S.6949 in the Senate, would allow towns to obtain badly needed community preservation funds. Once the bill is passed and signed into law, voters would be able to decide whether or not to create a local fund. Recent history shows it is a plan that can work.

Senator Carl L. Marcellino (R-Syosset), Chairman of the Senate Environmental Conservation Committee, said: “As our state’s supply of open space continues to erode, communities across New York are exploring a wide range of creative ideas to conserve and enhance their natural resources. The five towns at the east end of Long Island have created a successful program to develop a community preservation fund. The collected resources are used to protect drinking water, conserve parkland, safeguard habitats or help halt the endless sprawl into pristine, green locations. Our legislation will allow communities across New York to establish their own voter approved community preservation funds to create a local balance between development and preservation.”

Assemblyman Tom DiNapoli (D-Great Neck), Chairman of the Assembly Environmental Conservation Committee, said: “New York’s open space and agricultural lands are being lost to development at an alarming rate. The five towns at the east end of Long Island have realized great success with the Peconic Bay Community Preservation Fund, and this bill would give other communities across the state the same opportunity to establish a community preservation fund to be used for land conservation.”

“Many New York towns are searching for new tools to manage sprawl and protect open space and preserve the historic character of our communities and neighborhoods,” said Anne Reynolds of Environmental Advocates of New York. “The Community Preservation Act takes an idea that is working in one part of the state and creates the opportunity for towns across New York to be a part of this innovative approach. And the decision about whether or not to be a part of the program is entirely up to local voters.”

“The Community Preservation Act will give New York’s towns and counties an effective tool to protect open space and promote smart growth. It reinforces the power of communities to control their destinies,” said Scenic Hudson President Ned Sullivan. “We commend Senator Marcellino and Assemblyman DiNapoli for their leadership in addressing one of New York’s most critical needs.”

Marcia Bystryn, executive director of the New York League of Conservation Voters, said: “Land preservation is a crucial issue all across our state. Communities want to take action to safeguard their precious green spaces for future generations. Now they need the financial power to protect their fast disappearing farmland and open space. We strongly urge the Legislature to pass the Community Preservation Act and allow New Yorkers to move forward with buying and protecting valuable land.”

“New York is losing thousands of valuable acres of agricultural land to sprawling development every year,” said American Farmland Regional Director Trust Jerry Cosgrove. “Even some families that want to keep farming can’t afford to. The Community Preservation Act would provide local communities with another option to raise needed local matching funds for state and federal farmland protection programs.”

“Preservation of farmland is critical in order to maintain the agricultural character of New York State,” said New York Farm Bureau Legislative Director Jeff Williams. “A working agricultural landscape not only conserves open space, but keeps family farms in business – many times in regions that are rapidly losing the battle of suburban sprawl. Affording local governments the ability to create a mechanism to fund farmland preservation projects is greatly needed for the agricultural industry and the communities that rely upon them.”

“For NRDC, our primary focus for this legislation is protecting the downstate water supply,” said Natural Resources Defense Council scientist Robin Marx. “The major threat to the 19 reservoirs that provide water to 9 million New Yorkers is haphazard development and suburban sprawl in the watershed. Many watershed communities, especially in Westchester and Putnam Counties, have sought our help in protecting watershed land in their towns from development. This proposed legislation, which would give local communities the option to raise funds for open space protection, could be a very effective tool for these communities to protect watershed land for future generations. We look forward to working with Chairmen DiNapoli and Marcellino and to celebrating with them when this proposal becomes law.”

“The loss of open space is adversely effecting New York’s environment and economy,” said Open Space Institute President Joe Martens. “Enactment of the Community Preservation Act will give local governments an essential tool to protect farms, forests and community character. I applaud Senator Marcellino and Assemblyman DiNapoli’s efforts to get this essential bill passed.”

“Throughout the Capital Region, communities are seeking the tools that will allow them to protect community character and counter sprawl,” said Daniel Mackay, Director of Public Planning for the Preservation League of New York State. “From New Scotland and Bethlehem to Clifton Park, our local communities are seeking the same opportunity and success as the Community Preservation Act’s initial accomplishments on Long Island.