New York Assembly Bill A05477

New York 2025-2026 Regular Session

• Introduced: 2/14/25
• Refer: 2/14/25
• Report Pass: 6/5/25
• Refer: 6/5/25
• Report Pass: 6/6/25
• Refer: 6/6/25
• Report Pass: 6/11/25

Caption

Authorizes the town of Brookhaven, county of Suffolk to alienate certain parklands for use as a recharge basin and to dedicate other lands as replacement parklands.

Summary

This bill authorizes the Town of Brookhaven in Suffolk County to discontinue the parkland status of two specified parcels near Bellport so they can be used to construct a stormwater runoff and recharge basin. The measure identifies the affected parcels in detail and makes the authorization effective immediately upon enactment. The bill also requires Brookhaven to provide replacement value for the parkland being converted. Specifically, the town must dedicate an amount equal to or greater than the fair market value of the discontinued parklands toward acquiring new parkland and/or improving existing park and recreational facilities. If any federal funding was used for the original purchase, maintenance, or improvement of the parklands, the town must also satisfy any applicable federal conversion requirements before the alienation can occur.

Impact

The bill changes the legal status of approximately 1.02 acres of parkland in Brookhaven by allowing its alienation for a public infrastructure project related to stormwater management and groundwater recharge. It creates a local-law-style authorization that overrides the general parkland protection rules for these specific parcels, while preserving the replacement parkland doctrine by requiring equivalent or greater value to be set aside for parkland acquisition or recreation improvements. It may also trigger federal review obligations if federal assistance was involved in the original parkland.

Sentiment

The committee votes suggest broad support for the bill, with unanimous or near-unanimous favorable action in the Local Governments and Rules committees and only two no votes in Ways and Means. The overall tone appears practical and noncontroversial, likely reflecting the public-purpose nature of the project and the inclusion of replacement parkland protections. No committee transcript was provided, so there is no recorded debate to indicate broader public opposition or support.

Contention

The main point of potential contention is the conversion of protected parkland to a nonrecreational use, which can raise concerns about loss of open space and community recreation resources. Any opposition would likely focus on whether the recharge basin is the best use of the land and whether the replacement parkland or improvements truly match the fair market value and usefulness of the land being lost. A secondary issue is compliance with federal parkland conversion rules if federal funds were involved, which could affect timing and implementation.