Bill Text: NY A02075 | 2013-2014 | General Assembly | Introduced

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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

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                           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.