* § 402. Republic airport commission. 1. Upon assumption by the
department 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
facilities 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 who are
residents of Nassau county or Suffolk county, one of whom shall be
appointed by the governor 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 remainder of such term. By virtue of such
commissioner's office, the commissioner of transportation or the
commissioner's designee shall be an ex officio member of the commission.
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 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
undertake. 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 financing 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 identification of non-aviation uses and purposes and prorations of
use or purposes for determinations of in lieu of tax payments. Once the
commission 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 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
transportation who will act as the administrative agent of the
commission and assist the commission in fulfilling its duties and
functions.

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
prohibited, 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,
modification 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 consideration 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 subdivision. The commissioner upon the advice of the Republic
airport commission 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.

* NB There are 2 § 402's