* § 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 to 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. By virtue of his or her 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 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, respectively. If any
member shall thereafter no longer meet the residency requirement 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 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 chairman 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.

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
commissioner 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.

* NB There are 2 § 402's