S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9475
 
                             I N  S E N A T E
 
                               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:

   Section  1. Section 402 of the transportation law, as added by chapter
 370 of the laws of 1982, subdivision 1 as amended by chapter 55  of  the
 laws of 1992, and subdivision 3 as amended by chapter 197 of the laws of
 1984, is amended to read as follows:
   § 402. Republic  airport commission. 1. Upon assumption by the depart-
 ment of transportation of jurisdiction over  the  airport  facility  and
 surrounding  area  located  in  the county of Suffolk, known as Republic
 airport, there shall thereupon be created a Republic airport commission.
 This commission will be an advisory council  to  the  commissioner  with
 respect to administration and management of the Republic airport facili-
 ties and its surrounding areas with respect to projects to be undertaken
 and  operations  and  management  of the facilities at such airport. The
 commission shall be composed of nine members [to] WHO ARE  RESIDENTS  OF
 NASSAU  COUNTY  OR SUFFOLK COUNTY, ONE OF WHOM SHALL be appointed by the
 governor [with the advice and consent of the senate and, except for  the
 initial appointment terms, shall serve for a term of four years] WITHOUT
 RECOMMENDATION FROM ANY OTHER PERSON, FOUR OF WHOM SHALL BE APPOINTED BY
 THE  GOVERNOR  UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
 SENATE, AND FOUR OF WHOM SHALL BE APPOINTED BY  THE  GOVERNOR  UPON  THE
 RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. ALL SUCH MEMBERS SHALL BE
 APPOINTED  FOR  A  TERM OF FOUR YEARS, EXCEPT IN THE CASE THAT A VACANCY
 OCCURS AND IS FILLED BEFORE THE  EXPIRATION  OF  A  MEMBER'S  TERM,  THE
 MEMBER  APPOINTED TO FILL SUCH VACANCY SHALL BE APPOINTED TO THE REMAIN-
 DER OF SUCH TERM. By virtue of [his or her] SUCH COMMISSIONER'S  office,
 the  commissioner of transportation or the commissioner's designee shall
 be an ex officio member of the commission. [Four of the members shall be
 appointed from a list submitted by the temporary president of the senate
 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

 Suffolk  county,  three persons who are residents of the town of Babylon
 and three persons who are residents of the Nassau  county  part  of  the
 Farmingdale  school district. Two names shall be selected from the first
 class  of  residency and one name each shall be selected from the second
 and third classes of residency. Four of the members shall  be  appointed
 from  a  list submitted by the speaker of the assembly setting forth the
 names of six persons who are residents  of  Nassau  or  Suffolk  county,
 three persons who are residents of the town of Babylon and three persons
 who  are  residents of the Suffolk county part of the Farmingdale school
 district. Two names shall be selected from the first class of  residency
 and one name each shall be selected from the second and third classes of
 residency.  The  ninth  member shall be selected by the governor. In any
 event six members shall be residents of Suffolk county and three members
 shall be residents of Nassau county. Initial appointments  shall  be  to
 staggered  terms  with  the  nominee  of  the  governor being made to an
 initial four-year term, with the  members  nominated  by  the  temporary
 president  of  the  senate to initial two-year, three-year and four-year
 terms, respectively, and the members nominated by  the  speaker  of  the
 assembly to initial one-year, two-year and three-year terms, respective-
 ly. If any member shall thereafter no longer meet the residency require-
 ment  of his appointment, such position shall be declared vacant. In the
 event of a vacancy, the vacancy shall be filled in the  same  manner  as
 the initial appointments except that the term shall be for the unexpired
 portion  of  the term of such members.] All such members shall be deemed
 officers of the state in  connection  with  the  provisions  of  section
 seventeen  of  the  public  officers  law. The members of the commission
 shall appoint a [chairman] CHAIR from among their number. Members  shall
 not  receive a salary or other compensation, but shall be reimbursed for
 their actual and necessary expenses incurred in the performance of their
 official duties.
   2. The Republic airport commission shall assist in the development  of
 a  program relative to the administration and management of the Republic
 airport and to advise the commissioner of transportation with regard  to
 such  other  programs  relative to the Republic airport as he may under-
 take. Such program shall include, but not be limited  to  identification
 of  future  capital  needs, examining the means and methods of financing
 such future capital needs, the promotion and examination of the  financ-
 ing  means  and  methods for the economic development of the area around
 the airport, the joining together of such economic development  and  the
 airport  operations,  the  identification  and implementation of ways of
 working with the local community to accomplish the program and the iden-
 tification of non-aviation uses and purposes and prorations  of  use  or
 purposes for determinations of in lieu of tax payments. Once the commis-
 sion  has been established, the commissioner and/or the department shall
 effectuate the authorizations, powers and/or duties set forth in section
 four hundred of this article only following the consultation,  guidance,
 advice and assistance of the commission. The Republic airport commission
 shall  meet at least six times a year at the call of the commissioner of
 transportation or the [chairman] CHAIR of the commission and shall  keep
 a  record of all its proceedings and recommendations. Staff services for
 the commission shall be performed by  personnel  of  the  department  of
 transportation.  In  carrying  out the functions and responsibilities of
 the commissioner and the commission, the commissioner shall designate an
 executive secretary from among the staff of the department of  transpor-
 tation  who  will  act as the administrative agent of the commission and
 assist the commission in fulfilling its duties and functions.
 S. 9475                             3
 
   3. The arrival or departure of aircraft to or from the airport between
 the hours of 11 p.m. and 7 a.m., except in the case  of  emergency,  and
 the  development of additional runways at the airport are hereby prohib-
 ited, provided, however, that such prohibitions may be altered, modified
 or  changed  by  resolution adopted by a majority vote of the members of
 the commission after giving public notice of such alteration,  modifica-
 tion  or  change  and  holding a public hearing thereon. Any alteration,
 modification or change which affects the  prohibition  with  respect  to
 arrival and departure of aircraft shall be made only after due consider-
 ation  has  been  given  to  the  period  of  daylight occurring at such
 airport. Notwithstanding the foregoing provisions of  this  subdivision,
 the  prohibition against the arrival or departure of aircraft to or from
 the airport between the hours of 11 p.m. and 7 a.m.   shall  not  become
 effective  until  ninety  days after the effective date of this subdivi-
 sion. The commissioner upon the advice of the Republic  airport  commis-
 sion  shall  promulgate  regulations  establishing permissible levels of
 noise for aircraft  operating  at  the  airport.  The  operator  of  any
 aircraft to or from the airport which exceeds such permissible levels of
 noise  shall be guilty of a violation punishable by a fine not to exceed
 twenty-five hundred dollars.
   [4. The commission, within one year from its creation, shall 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 after the  effective  date  of  this  subdivision  and  existing
 aviation facilities whose leases are renewed after the effective date of
 this  subdivision.  The commission shall conduct public hearings as part
 of such study and report its findings and recommendations to the commis-
 sioner and the legislature within one year  after  the  commencement  of
 such  study  of  such findings and recommendations. The commissioner, in
 his discretion, may take such steps as may be necessary to implement any
 or all of such findings and recommendations.]
   § 2. This act shall take effect immediately.