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.