Bill Text: NY A10336 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the membership of the Republic airport commission; removes certain provisions of law requiring the commission to conduct a study on payments in lieu of taxes and improvement district taxes and charges with respect to aviation facilities which locate at Republic airport and existing aviation facilities whose leases were renewed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-22 - ordered to third reading rules cal.136 [A10336 Detail]
Download: New_York-2023-A10336-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10336 IN ASSEMBLY May 17, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre) -- read once and referred to the Committee on Corporations, Authori- ties and Commissions AN ACT to amend the transportation law, in relation to the membership of the Republic airport commission The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 402 of the transportation law, as added by chapter 2 370 of the laws of 1982, subdivision 1 as amended by chapter 55 of the 3 laws of 1992, and subdivision 3 as amended by chapter 197 of the laws of 4 1984, is amended to read as follows: 5 § 402. Republic airport commission. 1. Upon assumption by the depart- 6 ment of transportation of jurisdiction over the airport facility and 7 surrounding area located in the county of Suffolk, known as Republic 8 airport, there shall thereupon be created a Republic airport commission. 9 This commission will be an advisory council to the commissioner with 10 respect to administration and management of the Republic airport facili- 11 ties and its surrounding areas with respect to projects to be undertaken 12 and operations and management of the facilities at such airport. The 13 commission shall be composed of nine members [to] who are residents of 14 Nassau county or Suffolk county, one of whom shall be appointed by the 15 governor [with the advice and consent of the senate and, except for the16initial appointment terms, shall serve for a term of four years] without 17 recommendation from any other person, four of whom shall be appointed by 18 the governor upon the recommendation of the temporary president of the 19 senate, and four of whom shall be appointed by the governor upon the 20 recommendation of the speaker of the assembly. All such members shall be 21 appointed for a term of four years, except in the case that a vacancy 22 occurs and is filled before the expiration of a member's term, the 23 member appointed to fill such vacancy shall be appointed to the remain- 24 der of such term. By virtue of [his or her] such commissioner's office, 25 the commissioner of transportation or the commissioner's designee shall 26 be an ex officio member of the commission. [Four of the members shall be27appointed from a list submitted by the temporary president of the senateEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11179-03-4A. 10336 2 1setting forth the names of six persons who are residents of Nassau or2Suffolk county, three persons who are residents of the town of Babylon3and three persons who are residents of the Nassau county part of the4Farmingdale school district. Two names shall be selected from the first5class of residency and one name each shall be selected from the second6and third classes of residency. Four of the members shall be appointed7from a list submitted by the speaker of the assembly setting forth the8names of six persons who are residents of Nassau or Suffolk county,9three persons who are residents of the town of Babylon and three persons10who are residents of the Suffolk county part of the Farmingdale school11district. Two names shall be selected from the first class of residency12and one name each shall be selected from the second and third classes of13residency. The ninth member shall be selected by the governor. In any14event six members shall be residents of Suffolk county and three members15shall be residents of Nassau county. Initial appointments shall be to16staggered terms with the nominee of the governor being made to an17initial four-year term, with the members nominated by the temporary18president of the senate to initial two-year, three-year and four-year19terms, respectively, and the members nominated by the speaker of the20assembly to initial one-year, two-year and three-year terms, respective-21ly. If any member shall thereafter no longer meet the residency require-22ment of his appointment, such position shall be declared vacant. In the23event of a vacancy, the vacancy shall be filled in the same manner as24the initial appointments except that the term shall be for the unexpired25portion of the term of such members.] All such members shall be deemed 26 officers of the state in connection with the provisions of section 27 seventeen of the public officers law. The members of the commission 28 shall appoint a [chairman] chair from among their number. Members shall 29 not receive a salary or other compensation, but shall be reimbursed for 30 their actual and necessary expenses incurred in the performance of their 31 official duties. 32 2. The Republic airport commission shall assist in the development of 33 a program relative to the administration and management of the Republic 34 airport and to advise the commissioner of transportation with regard to 35 such other programs relative to the Republic airport as he may under- 36 take. Such program shall include, but not be limited to identification 37 of future capital needs, examining the means and methods of financing 38 such future capital needs, the promotion and examination of the financ- 39 ing means and methods for the economic development of the area around 40 the airport, the joining together of such economic development and the 41 airport operations, the identification and implementation of ways of 42 working with the local community to accomplish the program and the iden- 43 tification of non-aviation uses and purposes and prorations of use or 44 purposes for determinations of in lieu of tax payments. Once the commis- 45 sion has been established, the commissioner and/or the department shall 46 effectuate the authorizations, powers and/or duties set forth in section 47 four hundred of this article only following the consultation, guidance, 48 advice and assistance of the commission. The Republic airport commission 49 shall meet at least six times a year at the call of the commissioner of 50 transportation or the [chairman] chair of the commission and shall keep 51 a record of all its proceedings and recommendations. Staff services for 52 the commission shall be performed by personnel of the department of 53 transportation. In carrying out the functions and responsibilities of 54 the commissioner and the commission, the commissioner shall designate an 55 executive secretary from among the staff of the department of transpor-A. 10336 3 1 tation who will act as the administrative agent of the commission and 2 assist the commission in fulfilling its duties and functions. 3 3. The arrival or departure of aircraft to or from the airport between 4 the hours of 11 p.m. and 7 a.m., except in the case of emergency, and 5 the development of additional runways at the airport are hereby prohib- 6 ited, provided, however, that such prohibitions may be altered, modified 7 or changed by resolution adopted by a majority vote of the members of 8 the commission after giving public notice of such alteration, modifica- 9 tion or change and holding a public hearing thereon. Any alteration, 10 modification or change which affects the prohibition with respect to 11 arrival and departure of aircraft shall be made only after due consider- 12 ation has been given to the period of daylight occurring at such 13 airport. Notwithstanding the foregoing provisions of this subdivision, 14 the prohibition against the arrival or departure of aircraft to or from 15 the airport between the hours of 11 p.m. and 7 a.m. shall not become 16 effective until ninety days after the effective date of this subdivi- 17 sion. The commissioner upon the advice of the Republic airport commis- 18 sion shall promulgate regulations establishing permissible levels of 19 noise for aircraft operating at the airport. The operator of any 20 aircraft to or from the airport which exceeds such permissible levels of 21 noise shall be guilty of a violation punishable by a fine not to exceed 22 twenty-five hundred dollars. 23 [4. The commission, within one year from its creation, shall conduct a24study on payments in lieu of taxes and improvement district taxes and25charges with respect to aviation facilities which locate at Republic26airport after the effective date of this subdivision and existing27aviation facilities whose leases are renewed after the effective date of28this subdivision. The commission shall conduct public hearings as part29of such study and report its findings and recommendations to the commis-30sioner and the legislature within one year after the commencement of31such study of such findings and recommendations. The commissioner, in32his discretion, may take such steps as may be necessary to implement any33or all of such findings and recommendations.] 34 § 2. This act shall take effect immediately.
