February 1, 2005

Lawmakers, Conservationists & Farmers Announce Open Space Legislation
Senator Marcellino, Assemblymember DiNapoli to Sponsor Community Preservation Act

(Albany, NY) – Proposed legislation in Albany would give New York towns a new and potentially powerful tool to preserve land and community character. Known as the Community Preservation Act (CPA), the law would authorize towns in New York State to adopt, after a local referendum, a real estate transfer fee of up to 2 percent for the purpose of establishing a community preservation fund.

First introduced in the Assembly in 2004, the bill enjoys bi-partisan support and majority sponsorship in both houses. The Governor recently announced his support for the policy, which is also supported by a growing coalition of over 50 conservation, farm and municipal organizations, including the New York Farm Bureau and the New York Association of Towns.

“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,” said Sen. Carl Marcellino, a prime sponsor of the bill. “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.”

“New York’s open space and agricultural lands are being lost to development at an alarming rate,” said lead Assembly sponsor Tom DiNapoli. “The five towns at the east end of Long Island have realized great success with the Peconic Bay Community Preservation Funds, and this bill would give other communities across New York State the same opportunity to establish a community preservation fund to be used for land conservation.”

“This proposal gives a new, voluntary tool to New York towns to help protect working farms, historic buildings, and open space for future generations,” said Assemblyman Robert Sweeney, Chair of the Assembly Local Governments Committee. “This is a much-needed tool for towns struggling with rapid growth, and is an appropriate approach for a home rule state.”

G. Jeffrey Haber, executive director of the New York Association of Towns, stated, "This legislation will provide to all towns the same local option employed successfully by the five towns of eastern Long Island. It would enable any town who so chooses to pass a local law, subject to mandatory referenda, establishing an alternative mechanism to fund important, identified planning objectives in their respective towns."

“Preservation of farmland is critical in order to maintain the agricultural character of New York State,” said New York Farm Bureau director and Washington County dairy farmer, Andrew “Jock” Williamson. “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.”

“Many New York towns are searching for new tools to manage sprawl, 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.”

This proposal is supported by a growing and diverse coalition, (see list), and it addresses the fact that the Environmental Protection Fund is oversubscribed for open space and farmland protection grant programs.

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.

“Land protection is critical to the future of areas where urban sprawl has engulfed 90 percent of open space – increasing traffic and taxes and threatening drinking water. A community preservation program would empower local governments to buy the lands they need to create a healthy, sustainable place for today and for the future. Today, especially as the federal government considers severely limiting tax advantages to those who conserve their land, a community preservation fund may be our best and only hope,” said Lisa Ott, executive director of the North Shore Land Alliance on Long Island.

“While we have seen dramatic increases in state, federal and private funding for farmland protection in recent years as well as from some counties and towns, the demand for farmland protection dollars far exceeds the available funds. In fact this year in New York State, there was $86 million in grant requests, but only $12.6 million dollars in funding,” said Jerry Cosgrove, northeast director, American Farmland Trust.

“Poll after poll shows that New Yorkers want their drinking water supplies protected. This legislation, by making funds available for localities to protect watershed lands within their boundaries, will help safeguard the downstate drinking water supply, which relies on unfiltered water from Catskill, Delaware and Croton watershed reservoirs. Watershed areas around the state will benefit from this farsighted legislation, which gives localities the choice and the power to protect ecosystems in their communities,” said Eric A. Goldstein, attorney for the Natural Resources Defense Council (NRDC).

“The Hudson Valley is at a crossroads, and the next five years will determine whether we see our farms and open space protected or overrun by suburban sprawl development,” said Steve Rosenberg, executive director of the Scenic Hudson Land Trust. “This timely legislation will greatly augment the ability of municipalities and counties to preserve threatened open space.”

“The loss, degradation, and fragmentation of open spaces, farmland, and habitats that occur from poorly planned development are a leading threat to many bird species and Audubon Important Bird Areas (IBAs) in New York,” said David J. Miller, executive director of Audubon New York. “Many communities are exploring the different options available for conserving and protecting open space, but need increased resources to achieve their goals. Thanks to Assemblyman DiNapoli, Senator Marcellino, and Governor Pataki, the Community Preservation Act will provide cash-strapped communities with another useful tool to enhance open space preservation on the local level.”

“The Community Preservation Act is good public policy. Skyrocketing real-estate prices in many regions over the last three years have enticed many property owners to cash in on vacant land they own,” said Neil Woodworth, executive director of the Adirondack Mountain Club. “The value of undeveloped land in the Adirondack Park has doubled since the September 11, 2001 terror attacks, enticing owners to sell.”