Bill Text: NY S09475 | 2023-2024 | General Assembly | Introduced

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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: (Engrossed) 2024-06-04 - returned to senate [S09475 Detail]

Download: New_York-2023-S09475-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9475

                    IN SENATE

                                      May 15, 2024
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        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  the
    16  initial 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 be
    27  appointed from a list submitted by the temporary president of the senate
    28  setting forth the names of six persons who are residents  of  Nassau  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11179-03-4
        S. 9475                             2

     1  Suffolk  county,  three persons who are residents of the town of Babylon
     2  and three persons who are residents of the Nassau  county  part  of  the
     3  Farmingdale  school district. Two names shall be selected from the first
     4  class  of  residency and one name each shall be selected from the second
     5  and third classes of residency. Four of the members shall  be  appointed
     6  from  a  list submitted by the speaker of the assembly setting forth the
     7  names of six persons who are residents  of  Nassau  or  Suffolk  county,
     8  three persons who are residents of the town of Babylon and three persons
     9  who  are  residents of the Suffolk county part of the Farmingdale school
    10  district. Two names shall be selected from the first class of  residency
    11  and one name each shall be selected from the second and third classes of
    12  residency.  The  ninth  member shall be selected by the governor. In any
    13  event six members shall be residents of Suffolk county and three members
    14  shall be residents of Nassau county. Initial appointments  shall  be  to
    15  staggered  terms  with  the  nominee  of  the  governor being made to an
    16  initial four-year term, with the  members  nominated  by  the  temporary
    17  president  of  the  senate to initial two-year, three-year and four-year
    18  terms, respectively, and the members nominated by  the  speaker  of  the
    19  assembly to initial one-year, two-year and three-year terms, respective-
    20  ly. If any member shall thereafter no longer meet the residency require-
    21  ment  of his appointment, such position shall be declared vacant. In the
    22  event of a vacancy, the vacancy shall be filled in the  same  manner  as
    23  the initial appointments except that the term shall be for the unexpired
    24  portion  of  the term of such members.] All such members shall be deemed
    25  officers of the state in  connection  with  the  provisions  of  section
    26  seventeen  of  the  public  officers  law. The members of the commission
    27  shall appoint a [chairman] chair from among their number. Members  shall
    28  not  receive a salary or other compensation, but shall be reimbursed for
    29  their actual and necessary expenses incurred in the performance of their
    30  official duties.
    31    2. The Republic airport commission shall assist in the development  of
    32  a  program relative to the administration and management of the Republic
    33  airport and to advise the commissioner of transportation with regard  to
    34  such  other  programs  relative to the Republic airport as he may under-
    35  take. Such program shall include, but not be limited  to  identification
    36  of  future  capital  needs, examining the means and methods of financing
    37  such future capital needs, the promotion and examination of the  financ-
    38  ing  means  and  methods for the economic development of the area around
    39  the airport, the joining together of such economic development  and  the
    40  airport  operations,  the  identification  and implementation of ways of
    41  working with the local community to accomplish the program and the iden-
    42  tification of non-aviation uses and purposes and prorations  of  use  or
    43  purposes for determinations of in lieu of tax payments. Once the commis-
    44  sion  has been established, the commissioner and/or the department shall
    45  effectuate the authorizations, powers and/or duties set forth in section
    46  four hundred of this article only following the consultation,  guidance,
    47  advice and assistance of the commission. The Republic airport commission
    48  shall  meet at least six times a year at the call of the commissioner of
    49  transportation or the [chairman] chair of the commission and shall  keep
    50  a  record of all its proceedings and recommendations. Staff services for
    51  the commission shall be performed by  personnel  of  the  department  of
    52  transportation.  In  carrying  out the functions and responsibilities of
    53  the commissioner and the commission, the commissioner shall designate an
    54  executive secretary from among the staff of the department of  transpor-
    55  tation  who  will  act as the administrative agent of the commission and
    56  assist the commission in fulfilling its duties and functions.
        S. 9475                             3

     1    3. The arrival or departure of aircraft to or from the airport between
     2  the hours of 11 p.m. and 7 a.m., except in the case  of  emergency,  and
     3  the  development of additional runways at the airport are hereby prohib-
     4  ited, provided, however, that such prohibitions may be altered, modified
     5  or  changed  by  resolution adopted by a majority vote of the members of
     6  the commission after giving public notice of such alteration,  modifica-
     7  tion  or  change  and  holding a public hearing thereon. Any alteration,
     8  modification or change which affects the  prohibition  with  respect  to
     9  arrival and departure of aircraft shall be made only after due consider-
    10  ation  has  been  given  to  the  period  of  daylight occurring at such
    11  airport. Notwithstanding the foregoing provisions of  this  subdivision,
    12  the  prohibition against the arrival or departure of aircraft to or from
    13  the airport between the hours of 11 p.m. and 7 a.m.   shall  not  become
    14  effective  until  ninety  days after the effective date of this subdivi-
    15  sion. The commissioner upon the advice of the Republic  airport  commis-
    16  sion  shall  promulgate  regulations  establishing permissible levels of
    17  noise for aircraft  operating  at  the  airport.  The  operator  of  any
    18  aircraft to or from the airport which exceeds such permissible levels of
    19  noise  shall be guilty of a violation punishable by a fine not to exceed
    20  twenty-five hundred dollars.
    21    [4. The commission, within one year from its creation, shall conduct a
    22  study on payments in lieu of taxes and improvement  district  taxes  and
    23  charges  with  respect  to  aviation facilities which locate at Republic
    24  airport after the  effective  date  of  this  subdivision  and  existing
    25  aviation facilities whose leases are renewed after the effective date of
    26  this  subdivision.  The commission shall conduct public hearings as part
    27  of such study and report its findings and recommendations to the commis-
    28  sioner and the legislature within one year  after  the  commencement  of
    29  such  study  of  such findings and recommendations. The commissioner, in
    30  his discretion, may take such steps as may be necessary to implement any
    31  or all of such findings and recommendations.]
    32    § 2. This act shall take effect immediately.