Bill Text: NY S07493 | 2021-2022 | General Assembly | Amended
Bill Title: Allows a person who has suffered interference with the use and enjoyment of private property or public parkland by a rotorcraft used in a manner that creates an unreasonable level of noise at ground level to have a right of action against a person who caused or contributed to the use of such rotorcraft in such manner; relates to the use of certain heliports in the city of New York.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Vetoed) 2022-12-16 - VETOED MEMO.107 [S07493 Detail]
Download: New_York-2021-S07493-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7493--A 2021-2022 Regular Sessions IN SENATE October 29, 2021 ___________ Introduced by Sens. HOYLMAN, BRISPORT, CLEARE, GIANARIS, JACKSON, KAVANAGH, KRUEGER, MYRIE, PALUMBO, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law, in relation to allowing for compensation for noise pollution by rotorcraft; and to amend chapter 592 of the laws of 1998, constituting the Hudson river park act, in relation to the use of certain heliports in the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general obligations law is amended by adding a new 2 section 11-108 to read as follows: 3 § 11-108. Compensation for noise pollution by rotorcraft. 1. For the 4 purposes of this section, "rotorcraft" means an aircraft whose lift is 5 derived principally from rotating airfoils, including but not limited to 6 a helicopter. 7 2. Any person who shall have suffered interference with the use and 8 enjoyment of private property or public parkland by a rotorcraft used in 9 a manner that creates an unreasonable level of sustained noise at ground 10 level, including the interior, balcony, or other outdoor area of a 11 building, shall have a right of action against any person, except a 12 passenger with no control of the operation of the rotorcraft other than 13 the selection of a pre-designated route, who shall have caused or 14 contributed to the use of such rotorcraft in such manner. 15 3. Such action may be brought in any court of competent jurisdiction. 16 4. A person shall not be liable under this section if the use of the 17 rotorcraft in such a manner was: 18 (a) for purposes of heavy-lift operations in support of construction 19 and infrastructure maintenance; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13474-03-2S. 7493--A 2 1 (b) for purposes of public health and safety, including law enforce- 2 ment, emergency response, disaster response, the provision of medical 3 services, and providing other services; 4 (c) for the benefit of the general public, including flights carried 5 out for research or for official purposes by a news organization; or 6 (d) consistent with United States department of transportation and 7 federal aviation administration rules and regulations and on routes 8 approved by the federal aviation administration, unless the use of such 9 rotorcraft was for the primary purpose of (i) conducting sightseeing 10 tours over New York city if the rotorcraft departed from outside New 11 York city or was inconsistent with rules, regulations, stipulations, 12 hours and routes approved, designated or agreed to by the New York city 13 economic development corporation, or (ii) conducting photography, 14 videography or similar production activities over New York city if such 15 rotorcraft was not operated on behalf of a licensed film, television, 16 photography or production company. 17 5. A person found liable under this section shall be liable for a 18 penalty of not less than one thousand dollars and not more than ten 19 thousand dollars for each day the rotorcraft creates an unreasonable 20 level of noise at ground level, including the interior, balcony, or 21 other outdoor area of a building. 22 6. The attorney general, in the name of the people of the state of New 23 York, or a city corporation counsel on behalf of the locality, may bring 24 an action to enjoin and restrain violations of this section and to 25 obtain restitution and damages. 26 § 2. Paragraph (v) of subdivision (g) of section 3 of chapter 592 of 27 the laws of 1998, constituting the Hudson river park act, as amended by 28 chapter 517 of the laws of 2013, is amended to read as follows: 29 (v) a non-tourism/non-recreation heliport for [commercial and emergen-30cy] permitted transportation use; and 31 § 3. Subdivision (j) of section 3 of chapter 592 of the laws of 1998, 32 constituting the Hudson river park act, as amended by chapter 517 of the 33 laws of 2013, is amended to read as follows: 34 (j) "Prohibited use" means any of the following uses: 35 (i) residential; 36 (ii) manufacturing, except in furtherance of and incidental to park 37 uses, provided that small scale creation of artisan foods or other craft 38 products shall not be considered manufacturing; 39 (iii) warehousing; 40 (iv) hotel; 41 (v) incompatible governmental uses; 42 (vi) casino and riverboat gambling, and the docking of vessels to be 43 used substantially for gambling or for transportation to such a vessel; 44 (vii) any facility for motorized aircraft, including a heliport except 45 a heliport which is defined as a park/commercial use, provided the use 46 of any heliport in the park by any operator, individual, business enti- 47 ty, organization or association, or any member, parent, subsidiary or 48 affiliate thereof, that conducts or arranges prohibited flight oper- 49 ations, whether or not originating from a heliport in the park, shall be 50 prohibited; 51 (viii) commercial office, except office space that is incidental to a 52 permitted use, and further provided that such prohibition shall not 53 apply to pier 57; and 54 (ix) other uses determined by the trust to be incompatible with the 55 purposes of this act.S. 7493--A 3 1 § 4. Section 3 of chapter 592 of the laws of 1998, constituting the 2 Hudson river park act, is amended by adding two new subdivisions (o) and 3 (p) to read as follows: 4 (o) "Permitted transportation use" means air transportation other than 5 prohibited flight operations: 6 (i) for purposes of heavy-lift operations in support of construction 7 and infrastructure maintenance; 8 (ii) for purposes of public health and safety, including law enforce- 9 ment, emergency response, disaster response, and the provision of 10 medical services; 11 (iii) for the benefit of the general public, including flights carried 12 out for research or official purposes by a news organization; or 13 (iv) operated in accordance with United States department of transpor- 14 tation and federal aviation administration rules and regulations and on 15 routes approved by the federal aviation administration. 16 (p) "Prohibited flight operations" means helicopter air transportation 17 operated for the primary purpose of: 18 (i) conducting sightseeing tours over New York city, if such helicop- 19 ter air transportation departs from outside New York city or is not 20 operated in accordance with rules, regulations, stipulations, hours and 21 routes approved, designated or agreed to by the New York city economic 22 development corporation; or 23 (ii) conducting photography, videography or similar production activ- 24 ities over New York city, if such helicopter air transportation is not 25 operated on behalf of a licensed film, television, photography or 26 production company. 27 § 5. Paragraph (v) of subdivision (m) of section 3 of chapter 592 of 28 the laws of 1998, constituting the Hudson river park act, as amended by 29 chapter 517 of the laws of 2013, is amended to read as follows: 30 (v) the development, operation and maintenance of a non-tourism/non- 31 recreational heliport for permitted transportation use located between 32 [west] West 29th and [west] West 32nd streets provided (A) that there 33 shall be no structures other than the helicopter take-off or landing 34 pads built on floating structures; and (B) such floating structures 35 shall be no higher than a pier deck at low tide; and 36 § 6. Subparagraph (ii) of paragraph (i) of subdivision 9 of section 7 37 of chapter 592 of the laws of 1998, constituting the Hudson river park 38 act, as added by chapter 517 of the laws of 2013, is amended to read as 39 follows: 40 (ii) a one story heliport terminal building, fuel tank structure and 41 five accessory parking spaces used in connection with a water dependent 42 non-tourism/non-recreational heliport for permitted transportation use 43 to be located on a floating structure located between [west] West 29th 44 and [west] West 32nd streets provided that the landing and takeoff area 45 located east of the bulkhead may continue to operate until the landing 46 and takeoff area west of the bulkhead is completed and operational; or 47 § 7. Subdivision 13 of section 7 of chapter 592 of the laws of 1998, 48 constituting the Hudson river park act, is amended to read as follows: 49 13. At all times, the trust shall take all reasonable and necessary 50 steps to prevent and eliminate prohibited uses in the park, subject to 51 the exceptions contained in this act, including, without limitation, 52 prohibiting any operator, individual, business entity, organization or 53 association, or any member, parent, subsidiary or affiliate thereof, who 54 conducts or arranges prohibited flight operations, whether or not origi- 55 nating from a heliport in the park, from accessing any heliport in the 56 park.S. 7493--A 4 1 § 8. This act shall take effect on the thirtieth day after it shall 2 have become a law; provided that uses permitted under any lease, permit, 3 license, or other instrument in effect upon the effective date of this 4 act that would be prohibited upon the enactment of sections two, three, 5 four, five, six and seven of this act may continue only pursuant to the 6 terms of the instrument and only for the term thereof or pursuant to any 7 extension according to the terms thereof if, but only if, the option to 8 extend is exercised solely by and is a contractual right of the lessee, 9 permittee, licensee or other contractual user.
