Assembly Bill A8473

2021-2022 Legislative Session

Allows for compensation for noise pollution by rotorcraft; relates to the use of certain heliports

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7493 - Passed Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2021-A8473 - Details

Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L; amd §§3 & 7, Chap 592 of 1998
Versions Introduced in 2023-2024 Legislative Session:
A6985

2021-A8473 - Summary

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.

2021-A8473 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8473
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to allowing for
   compensation for noise pollution by rotorcraft; 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;  and
   to  amend  the  New  York city charter, in relation to the granting of
   certain franchises, consents and concessions relating to  the  use  of
   certain heliports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 11-108 to read as follows:
   §  11-108.  COMPENSATION FOR NOISE POLLUTION BY ROTORCRAFT. 1. FOR THE
 PURPOSES OF THIS SECTION, "ROTORCRAFT" MEANS AN AIRCRAFT WHOSE  LIFT  IS
 DERIVED PRINCIPALLY FROM ROTATING AIRFOILS, INCLUDING BUT NOT LIMITED TO
 A HELICOPTER.
   2.  ANY  PERSON  WHO SHALL HAVE 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 SUSTAINED NOISE AT GROUND
 LEVEL, INCLUDING THE INTERIOR, BALCONY,  OR  OTHER  OUTDOOR  AREA  OF  A
 BUILDING,  SHALL  HAVE  A  RIGHT  OF ACTION AGAINST ANY PERSON, EXCEPT A
 PASSENGER WITH NO CONTROL OF THE OPERATION OF THE ROTORCRAFT OTHER  THAN
 THE  SELECTION  OF  A  PRE-DESIGNATED  ROUTE,  WHO  SHALL HAVE CAUSED OR
 CONTRIBUTED TO THE USE OF SUCH ROTORCRAFT IN SUCH MANNER.
   3. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
   4. (A) A PERSON SHALL NOT BE LIABLE UNDER THIS SECTION IF THE  USE  OF
 THE ROTORCRAFT IN SUCH A MANNER WAS NECESSARY FOR PURPOSES OF HEAVY-LIFT
 OPERATIONS  IN SUPPORT OF CONSTRUCTION AND INFRASTRUCTURE MAINTENANCE OR
 PURPOSES OF PUBLIC HEALTH AND SAFETY, INCLUDING LAW  ENFORCEMENT,  EMER-
 GENCY  RESPONSE,  DISASTER  RESPONSE, THE PROVISION OF MEDICAL SERVICES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13474-02-1
              

co-Sponsors

2021-A8473A (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L; amd §§3 & 7, Chap 592 of 1998
Versions Introduced in 2023-2024 Legislative Session:
A6985

2021-A8473A (ACTIVE) - Summary

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.

2021-A8473A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8473--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, SIMON, THIELE, L. ROSENTHAL, GLICK,
   MAMDANI, MITAYNES -- read once and referred to the Committee on  Judi-
   ciary  -- recommitted to the Committee on Judiciary in accordance with
   Assembly Rule 3, sec. 2 -- 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:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 11-108 to read as follows:
   § 11-108. COMPENSATION FOR NOISE POLLUTION BY ROTORCRAFT. 1.  FOR  THE
 PURPOSES  OF  THIS SECTION, "ROTORCRAFT" MEANS AN AIRCRAFT WHOSE LIFT IS
 DERIVED PRINCIPALLY FROM ROTATING AIRFOILS, INCLUDING BUT NOT LIMITED TO
 A HELICOPTER.
   2. ANY PERSON WHO SHALL HAVE 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 SUSTAINED NOISE AT GROUND
 LEVEL,  INCLUDING  THE  INTERIOR,  BALCONY,  OR  OTHER OUTDOOR AREA OF A
 BUILDING, SHALL HAVE A RIGHT OF ACTION  AGAINST  ANY  PERSON,  EXCEPT  A
 PASSENGER  WITH NO CONTROL OF THE OPERATION OF THE ROTORCRAFT OTHER THAN
 THE SELECTION OF A  PRE-DESIGNATED  ROUTE,  WHO  SHALL  HAVE  CAUSED  OR
 CONTRIBUTED TO THE USE OF SUCH ROTORCRAFT IN SUCH MANNER.
   3. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
   4.  A  PERSON SHALL NOT BE LIABLE UNDER THIS SECTION IF THE USE OF THE
 ROTORCRAFT IN SUCH A MANNER WAS:
   (A) FOR PURPOSES OF HEAVY-LIFT OPERATIONS IN SUPPORT  OF  CONSTRUCTION
 AND INFRASTRUCTURE MAINTENANCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13474-04-2
 A. 8473--A                          2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.