Bill Text: NY A02075 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the airport community redevelopment enterprise (ACRE) program; provides that this program takes the money collected pursuant to the petroleum business tax on airline fuel used in New York and spends that money on targeted zones located near certain airports; further provides that the purpose of this program is to enhance those communities that surround certain airports in order to compensate the individuals that live in those communities for the pollution, noise and congestion caused by the airport; creates an airport community redevelopment enterprise fund for the purpose of this program and an airport catastrophe fund; such fund is to be maintained by the state comptroller.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A02075 Detail]
Download: New_York-2013-A02075-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2075 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. GOLDFEDER -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the state finance law, in relation to the establishment of the airport community rede- velopment enterprise program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The environmental conservation law is amended by adding a 2 new article 48 to read as follows: 3 ARTICLE 48 4 AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE PROGRAM 5 SECTION 48-0101. LEGISLATIVE FINDINGS AND INTENT. 6 48-0103. DEFINITIONS. 7 48-0105. DISTRIBUTION OF FUNDS. 8 48-0107. COMMUNITY ENRICHMENT FUNCTIONS. 9 48-0109. AIRPORT CATASTROPHE FUND DISTRIBUTION. 10 S 48-0101. LEGISLATIVE FINDINGS AND INTENT. 11 THE LEGISLATURE FINDS THAT AIR TRAVEL, PARTICULARLY TO AND FROM LARGE 12 AIRPORTS, IMPOSES COSTS ON RESIDENTS AND BUSINESSES IN SURROUNDING 13 AREAS. AIR TRAVEL INHERENTLY CREATES POLLUTION, NOISE, AND TRAFFIC 14 CONGESTION. THEREFORE, IT IS THE INTENT OF THE LEGISLATURE TO HELP 15 ALLEVIATE THE INHERENT PROBLEMS BY CREATING THE AIRPORT COMMUNITY REDE- 16 VELOPMENT ENTERPRISE (ACRE) PROGRAM. THIS PROGRAM IS INTENDED TO IMPROVE 17 NEIGHBORHOODS THAT SERVE LARGE VOLUME AIRPORTS AND THAT BEAR THE PROB- 18 LEMS CREATED BY THE AIRPORTS. 19 S 48-0103. DEFINITIONS. 20 FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING WORDS SHALL HAVE THE 21 FOLLOWING MEANINGS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00027-01-3 A. 2075 2 1 1. "AIRPORT ZONE" SHALL MEAN THE APPROPRIATE AREA AROUND AN AIRPORT 2 SERVING AT LEAST 1.5 MILLION PASSENGERS PER YEAR, CONSISTING OF ONE 3 PRIMARY TARGETED ZONE AND ONE SECONDARY TARGETED ZONE. 4 2. "AUXILIARY ORGANIZATION" SHALL MEAN POLICE DEPARTMENTS, FIRE 5 DEPARTMENTS, AMBULANCE SERVICES, AND ANY OTHER ORGANIZATION USED PRIMA- 6 RILY AS A SERVICE FOR PUBLIC BENEFIT IN TARGETED ZONES. 7 3. "PRIMARY TARGETED ZONE" SHALL MEAN THAT AREA WITHIN A TEN MILE 8 RADIUS OF AN AIRPORT. 9 4. "SECONDARY TARGETED ZONE" SHALL MEAN THAT AREA IN A RADIUS OF MORE 10 THAN TEN BUT LESS THAN TWENTY-FIVE MILES OF AN AIRPORT. 11 S 48-0105. DISTRIBUTION OF FUNDS. 12 ALL MONEYS IN THE AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND, AS 13 DEFINED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW, SHALL BE 14 DISTRIBUTED AS FOLLOWS: 15 1. TWENTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL BE USED TO SUBSI- 16 DIZE AUXILIARY ORGANIZATIONS. 17 2. FIVE PERCENT OF THE MONIES COLLECTED SHALL BE TRANSFERRED TO THE 18 AIRPORT CATASTROPHE FUND, AS DEFINED IN SECTION EIGHTY-NINE-I OF THE 19 STATE FINANCE LAW. 20 3. THIRTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL BE USED IN PRIMA- 21 RY TARGETED ZONES AND THIRTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL 22 BE USED IN SECONDARY TARGETED ZONES. 23 4. ALL MONIES DISTRIBUTED PURSUANT TO SUBDIVISION THREE OF THIS 24 SECTION SHALL BE DISTRIBUTED EQUALLY AMONG ALL QUALIFYING AIRPORT ZONES. 25 S 48-0107. COMMUNITY ENRICHMENT FUNCTIONS. 26 ALL MONIES DISTRIBUTED PURSUANT TO SUBDIVISION THREE OF SECTION 27 48-0105 OF THIS ARTICLE SHALL BE USED TO ACCOMPLISH THE FOLLOWING TASKS: 28 1. PROVIDE REAL PROPERTY TAX ABATEMENTS TO PROPERTY OWNERS LOCATED 29 WITHIN TARGETED ZONES. 30 2. PROVIDE EDUCATIONAL AND TRAINING PROGRAMS TO BENEFIT THE MEMBERS OF 31 COMMUNITIES LOCATED WITHIN TARGETED ZONES. 32 3. FUND PUBLIC WORKS PROJECTS WITHIN TARGETED ZONES TO ENHANCE THE 33 AESTHETIC BEAUTY OF THE COMMUNITIES WITHIN SUCH ZONES. 34 S 48-0109. AIRPORT CATASTROPHE FUND DISTRIBUTION. 35 ALL MONIES DEPOSITED INTO THE AIRPORT CATASTROPHE FUND SHALL BE USED 36 FOR VICTIM COMPENSATION AND REHABILITATION OF AREAS AFFECTED BY AN 37 AIRPORT DISASTER. 38 S 2. The state finance law is amended by adding two new sections 89-h 39 and 89-i to read as follows: 40 S 89-H. AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND. 1. THERE IS 41 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION 42 AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE 43 "AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND". 44 2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE PURSU- 45 ANT TO SECTION THREE HUNDRED ONE-E OF THE TAX LAW. 46 3. MONEYS IN THE AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND SHALL 47 BE KEPT SEPARATE AND APART AND SHALL NOT BE COMMINGLED WITH ANY OTHER 48 MONEYS IN THE CUSTODY OF THE COMPTROLLER. 49 4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES 50 SPELLED OUT IN ARTICLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION 51 LAW. 52 5. IF A CITY RECEIVING MONEY PURSUANT TO ARTICLE FORTY-EIGHT OF THE 53 ENVIRONMENTAL CONSERVATION LAW FAILS TO MEET ITS OBLIGATIONS OR SPENDS 54 SUCH FUNDS IN A MANNER INCONSISTENT WITH THE PROVISIONS SET FORTH IN 55 SUCH ARTICLE, THEN THE COMPTROLLER IS AUTHORIZED TO WITHHOLD ANY ADDI- 56 TIONAL MONIES TO SUCH CITY. A. 2075 3 1 S 89-I. AIRPORT CATASTROPHE FUND. 1. THERE IS HEREBY ESTABLISHED IN 2 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE 3 COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "AIRPORT CATASTROPHE 4 FUND". 5 2. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED BY THE STATE 6 PURSUANT TO SUBDIVISION TWO OF SECTION 48-0105 OF THE ENVIRONMENTAL 7 CONSERVATION LAW. 8 3. MONEYS IN THE AIRPORT CATASTROPHE FUND SHALL BE KEPT SEPARATE AND 9 APART AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY 10 OF THE COMPTROLLER. 11 4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES 12 SPELLED OUT IN SECTION 48-0109 OF THE ENVIRONMENTAL CONSERVATION LAW. 13 S 3. This act shall take effect immediately and shall apply to any 14 taxes imposed on or after April 1, 2013.