* § 400. Air transportation facilities and services at Stewart and
Republic airports. 1. In order to meet present and future state needs
with respect to the provision of adequate, safe and efficient air
transportation facilities and services to the public, and to promote the
economic development and well-being of the state, the planning,
development, maintenance and operation of such facilities and services
at Stewart and Republic airports may be carried out by the department
and the commissioner in accordance with the provisions of this article.

2. The following terms, as used in this article shall mean:

(a) "Air transportation facilities" shall mean aircraft and
developments such as airports, air terminals, runways, hangars, control
towers, ramps, taxiways, aprons, wharves, bulkheads, buildings,
structures, equipment, parking areas, improvements, facilities and any
real property necessary, convenient or desirable for or relating to the
landing, taking off, accommodation and servicing of aircraft, or for the
loading, unloading, interchange or transfer of passengers, baggage or
cargo, or otherwise for the accommodation, use or convenience of
passengers, carriers, crews and employees. It shall also mean facilities
providing access to airports or air terminals, including highways,
access roads, driveways and appurtenances, devices and structures
incidental thereto.

(b) "Air transportation purposes" shall mean the effectuation,
establishment, acquisition, construction, rehabilitation, improvement,
maintenance, extension, or operation of air transportation facilities or
services owned, leased, operated or provided by the department, or by
others pursuant to agreement with the department, at Stewart and/or
Republic airports.

(c) "Department" shall mean the department of transportation of the
state of New York.

(d) "Commissioner" shall mean the commissioner of transportation of
the state of New York.

(e) "Stewart and Republic airports" shall mean those airports, and
facilities and surrounding areas under the jurisdiction of the
metropolitan transportation authority or any subsidiary public benefit
corporation, located at (in the case of Stewart airport) the county of
Orange, towns of Newburgh and New Windsor; and (in the case of Republic
airport) in the county of Suffolk, town of Babylon.

(f) "Real property" shall mean lands, structures, franchises and
interests in land, including air space, air rights, waters, lands under
water and riparian rights, and any and all things and rights included
within said term, and includes not only fee simple absolute but also any
and all lesser interests, including but not limited to easements, rights
of way, uses, leases, licenses and all other incorporeal hereditaments
and every estate, interest or right, legal or equitable, including terms
for years and liens thereon by way of judgments, mortgages or otherwise.

(g) "Aircraft" shall mean aircraft of all types, including but not
limited to airplanes, airships, dirigibles, helicopters, gliders,
seaplanes, or any other contrivance now or hereafter used for the
navigation of or flight in air or space.

(h) "Stewart airport commission" shall mean the commission established
by section four hundred one of this article.

(i) "Republic airport commission" shall mean the commission
established by section four hundred two of this article.

3. In order to effectuate the purposes of this article:

(a) The commissioner, for and on behalf of the people of the state of
New York, may acquire any and all air transportation facilities
necessary for air transportation purposes, pursuant to the eminent
domain procedure law, or by purchase, gift, grant, transfer, assignment,
contract, lease or other arrangement.

(b) The department may, on such terms and conditions as the
commissioner determines necessary, convenient or desirable, establish,
construct, effectuate, operate, maintain, renovate, improve, extend or
repair air transportation facilities at Stewart and Republic airports,
or may provide therefor by contract, lease or otherwise, with any
person, firm, corporation, municipality, or governmental unit, agency or
instrumentality. In connection with the operation of any such air
terminal, the department may establish, construct, effectuate, operate,
renovate, maintain, improve, extend or repair, or may provide therefor
by contract, lease or otherwise, any related services or activities the
commissioner deems necessary, convenient or desirable.

(c) The department may establish, levy and collect or cause to be
established, levied and collected, or join with others in the
establishment, levying and collection, of such fares, tolls, rentals,
rates, charges and other fees as the commissioner deems necessary,
convenient or desirable for the use or operation of any air
transportation facilities, services, equipment or activities operated
at, serving or incidental to Stewart or Republic airports.

(d) The commissioner may establish such rules, regulations and
procedures governing the use, operation and occupancy of air
transportation facilities and related facilities, equipment, services
and activities at, serving or incidental to Stewart and Republic
airports as he may deem necessary, convenient or desirable.
Non-compliance with such airport rules and regulations shall be a
violation of law punishable by a fine not to exceed two hundred fifty
dollars unless a different fine is expressly provided in another section
of law.

(e) The department may apply for, accept, receive and utilize grants
of property, money and services and other assistance offered or made
available to it by any person, government or agency or instrumentality
thereof for any use within the scope of its functions, powers, duties or
responsibilities under this article.

(f) The department may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
air transportation facilities and related facilities, equipment,
activities and services, at Stewart and/or Republic airports; provided,
however, that the department shall take no action which would be
inconsistent with or supersede the provisions of subdivision three of
section four hundred two of this article.

(g) The department may conduct or participate in demonstration
projects relating to air transportation facilities and services at,
serving or incidental to Stewart or Republic airports.

(h) Upon the effective date of this article all rights, title and
interest in all assets, equipment and property, both tangible and
intangible, used in connection with the ownership, planning,
development, maintenance and operation of Stewart and Republic airports
of the metropolitan transportation authority and/or any subsidiary
corporation of such authority are hereby transferred to the department
of transportation. Any and all appropriations or reappropriations made
in any capital projects fund or state purposes account to the
metropolitan transportation authority in connection with either Stewart
and/or Republic airports which remain unencumbered on the effective date
of this article are hereby transferred to the department of
transportation. The commissioner, subject to the approval of the
division of the budget, shall enter into an agreement or agreements with
the metropolitan transportation authority and/or any subsidiary
corporation of such authority and authorization is hereby granted to the
metropolitan transportation authority and/or any subsidiary corporation
of such authority to enter into such agreement or agreements to transfer
and assign to the department of transportation any other rights and
obligations and contract rights and obligations resulting from or
arising out of the ownership, planning, development, maintenance and/or
operation of Stewart and/or Republic airports, and notwithstanding the
provisions of chapter four hundred seventy-two of the laws of nineteen
hundred seventy-one, the metropolitan transportation authority and/or
any subsidiary corporation of such authority is authorized to contract
with the commissioner to provide service as an airport operator for
Stewart and/or Republic airports. In lieu of contracting with the
metropolitan transportation authority and/or any subsidiary corporation
of such authority for such services, the commissioner may contract for
the operation of Stewart and/or Republic airports with any qualified
operator. Any service contract shall contain the clause that the term of
such contract with respect to either Stewart airport or Republic airport
or both shall be subject to cancellation upon six months' notice from
the commissioner. Such notice shall be given only after the
consultation, guidance, advice and assistance relative to such action by
either the Stewart airport commission or the Republic airport commission
or both with respect to such service contract as it affects either
Stewart airport or Republic airport or both respectively. Until the
effective date of any such contract between the metropolitan
transportation authority and/or subsidiary corporation of such authority
or another entity and the commissioner to provide airport operator
services at Stewart and/or Republic airports respectively, the
metropolitan transportation authority through its subsidiary
metropolitan airports authority shall continue to provide the service as
an airport operator for both Stewart and Republic airports with the
costs and expenses of such activities throughout the period of the
effective date of this article through the effective date of such
contract being the obligation of the metropolitan transportation
authority, but not longer than one year from the effective date of this
article.

Notwithstanding anything to the contrary contained in this paragraph
on or after the effective date of this article, interests in the real
property and air transportation facilities at Stewart airport
hereinafter set forth shall be leased by the state to the United States
government upon terms and consideration and for a term to be mutually
agreed upon by the commissioner and said United States government with
the concurrence of the adjutant general for the purpose of establishing
an air national guard facility:

(i) For such temporary period or periods as the adjutant general deems
necessary, and for the purposes of an interim air national guard
facility, pending construction of a permanent facility--

Such real property and such air transportation facilities as shall be
agreed upon by the commissioner and the United States government with
the concurrence of the adjutant general. The federal government has
appropriated five hundred thousand dollars for rehabilitation of the
said interim air national guard facility. Upon relocation of the air
national guard to said permanent facilities all improvements constructed
by the federal government shall become the property of the state of New
York.

(ii) For a term of fifty years with option for renewal for the
purposes of a permanent air national guard facility--

Building 105 with adjacent parking compound located in rear of
building, and the land commonly known as the "pad area" situated between
runways twenty-seven and thirty-four and the eastern boundary of the
airport property, this site being the location upon which a permanent
air national guard facility will be constructed.

(i) In connection with any improvements on real property or any new
leases or renewal of leases for real property made after the department
assumes jurisdiction over an air transportation facility, whether owned
by the state or others, that are devoted to non-aviation purposes in
whole or substantial portion thereof, the commissioner shall enter into
agreements to pay, or make provisions for the payment of, annual sums in
lieu of taxes to any municipality or political subdivision of the state
in which such improvements are located. Such non-aviation purposes shall
include but not be limited to motel, hotel, restaurant, transportation
services other than aircraft, manufacturers whose products are not used
exclusively at the airport, general office space and such other
buildings and improvements as determined by the commissioner to be not
exclusively for aviation purposes. In regard to such non-aviation and
substantial portion related determinations and any proration of use or
purpose for determination of in lieu of tax payments, such
determinations shall be in accordance with the recommendations made by
the Stewart airport commission or Republic airport commission and the
affected municipalities or politial subdivisions, respectively.

Notwithstanding the foregoing provisions of this subdivision if an
agreement is made between the Stewart airport commission or the Republic
airport commission and all municipalities or political subdivisions with
respect to payments in lieu of taxes or the definition of "non-aviation
purposes" such agreements shall be binding upon the commissioner with
respect to such subjects, provided, however, that if there is no such
agreement among all the aforementioned parties, the commissioner shall
make such determinations based upon the recommendations of all the
parties.

4. Once the Stewart airport commission and/or the Republic airport
commission have been established, the commissioner and/or the department
shall effectuate the authorizations, powers and/or duties set forth in
this article with respect to Stewart airport and/or Republic airport
only following the consultation, guidance, advice, and assistance of the
Stewart airport commission and/or the Republic airport commission,
respectively.

5. No toxic waste site or center shall be located or maintained at
either Stewart airport including the surrounding area as contained in
the metropolitan transportation authority project map number one
thousand filed in the Orange county clerk's office on August thirteenth,
nineteen hundred seventy-one or Republic airport.

* NB There are 2 § 400's