Relates to the membership of the Republic airport commission; removes certain provisions of law requiring the commission to 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 and existing aviation facilities whose leases were renewed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10336
SPONSOR: Rules (Jean-Pierre) TITLE OF BILL:
An act to amend the transportation law, in relation to the membership of
the Republic airport commission
PURPOSE OR GENERAL IDEA OF BILL:
To simplify the nomination and appointment process for the Republic
airport commission.
SUMMARY OF PROVISIONS:
Section 1: Amends section 402 of transportation law in relation to the
membership of the Republic Airport Commission, replacing existing resi-
dency language with a general residency requirement in either Nassau or
Suffolk counties; removes the 6-3 Suffolk-Nassau county resident compo-
sition requirement; removes the necessity of Senate confirmation for
appointments; removes the requirement of candidate list submissions to
the Governor; replaces staggered initial appointment terms with set
four-year terms, and removes outdated language on the initial PILOT
study conducted by Commission.
Section 2: Provides the effective date.
JUSTIFICATION:
The Republic Airport Commission (RAC) serves as an advisory council to
the Commissioner of the New York State Department of Transportation
(NYSDOT) with respect to the administration and management of Republic
Airport, located in East Farmingdale in Suffolk County. The current
process for nominating and appointing members to the RAC requires three
names for each vacancy looking to be filled, all of which must meet the
residency requirements for the seat. The existing residency requirements
themselves are unnecessarily complex, with town and locality specifica-
tions, and an overarching mandate that the board be composed of six
members from Suffolk, and three from Nassau.
This legislation would amend this process and simplify the residency
requirements by removing the specific town and locality residency
mandates, and instead simply require that the nominee be a resident of
Suffolk or Nassau County, eliminating the 6-3 county composition. It
would also remove the requirement that a list of three candidates be
submitted for each vacant seat that an appointment is being made for and
eliminate the need for Senate confirmation. Lastly, this bill would
standardize the terms of each initial appointment to four years each.
These changes will simplify the overall process, expand the pool of
candidates available to be recommended for nomination, and will reduce
unnecessary delays and redundancy in filling appointments to the Commis-
sion.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
10336
IN ASSEMBLY
May 17, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
-- read once and referred to the Committee on Corporations, Authori-
ties and Commissions
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:
1 Section 1. Section 402 of the transportation law, as added by chapter
2 370 of the laws of 1982, subdivision 1 as amended by chapter 55 of the
3 laws of 1992, and subdivision 3 as amended by chapter 197 of the laws of
4 1984, is amended to read as follows:
5 § 402. Republic airport commission. 1. Upon assumption by the depart-
6 ment of transportation of jurisdiction over the airport facility and
7 surrounding area located in the county of Suffolk, known as Republic
8 airport, there shall thereupon be created a Republic airport commission.
9 This commission will be an advisory council to the commissioner with
10 respect to administration and management of the Republic airport facili-
11 ties and its surrounding areas with respect to projects to be undertaken
12 and operations and management of the facilities at such airport. The
13 commission shall be composed of nine members [to] who are residents of
14 Nassau county or Suffolk county, one of whom shall be appointed by the
15 governor [with the advice and consent of the senate and, except for the
16 initial appointment terms, shall serve for a term of four years] without
17 recommendation from any other person, four of whom shall be appointed by
18 the governor upon the recommendation of the temporary president of the
19 senate, and four of whom shall be appointed by the governor upon the
20 recommendation of the speaker of the assembly. All such members shall be
21 appointed for a term of four years, except in the case that a vacancy
22 occurs and is filled before the expiration of a member's term, the
23 member appointed to fill such vacancy shall be appointed to the remain-
24 der of such term. By virtue of [his or her] such commissioner's office,
25 the commissioner of transportation or the commissioner's designee shall
26 be an ex officio member of the commission. [Four of the members shall be
27 appointed from a list submitted by the temporary president of the senate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11179-03-4
A. 10336 2
1 setting forth the names of six persons who are residents of Nassau or
2 Suffolk county, three persons who are residents of the town of Babylon
3 and three persons who are residents of the Nassau county part of the
4 Farmingdale school district. Two names shall be selected from the first
5 class of residency and one name each shall be selected from the second
6 and third classes of residency. Four of the members shall be appointed
7 from a list submitted by the speaker of the assembly setting forth the
8 names of six persons who are residents of Nassau or Suffolk county,
9 three persons who are residents of the town of Babylon and three persons
10 who are residents of the Suffolk county part of the Farmingdale school
11 district. Two names shall be selected from the first class of residency
12 and one name each shall be selected from the second and third classes of
13 residency. The ninth member shall be selected by the governor. In any
14 event six members shall be residents of Suffolk county and three members
15 shall be residents of Nassau county. Initial appointments shall be to
16 staggered terms with the nominee of the governor being made to an
17 initial four-year term, with the members nominated by the temporary
18 president of the senate to initial two-year, three-year and four-year
19 terms, respectively, and the members nominated by the speaker of the
20 assembly to initial one-year, two-year and three-year terms, respective-
21 ly. If any member shall thereafter no longer meet the residency require-
22 ment of his appointment, such position shall be declared vacant. In the
23 event of a vacancy, the vacancy shall be filled in the same manner as
24 the initial appointments except that the term shall be for the unexpired
25 portion of the term of such members.] All such members shall be deemed
26 officers of the state in connection with the provisions of section
27 seventeen of the public officers law. The members of the commission
28 shall appoint a [chairman] chair from among their number. Members shall
29 not receive a salary or other compensation, but shall be reimbursed for
30 their actual and necessary expenses incurred in the performance of their
31 official duties.
32 2. The Republic airport commission shall assist in the development of
33 a program relative to the administration and management of the Republic
34 airport and to advise the commissioner of transportation with regard to
35 such other programs relative to the Republic airport as he may under-
36 take. Such program shall include, but not be limited to identification
37 of future capital needs, examining the means and methods of financing
38 such future capital needs, the promotion and examination of the financ-
39 ing means and methods for the economic development of the area around
40 the airport, the joining together of such economic development and the
41 airport operations, the identification and implementation of ways of
42 working with the local community to accomplish the program and the iden-
43 tification of non-aviation uses and purposes and prorations of use or
44 purposes for determinations of in lieu of tax payments. Once the commis-
45 sion has been established, the commissioner and/or the department shall
46 effectuate the authorizations, powers and/or duties set forth in section
47 four hundred of this article only following the consultation, guidance,
48 advice and assistance of the commission. The Republic airport commission
49 shall meet at least six times a year at the call of the commissioner of
50 transportation or the [chairman] chair of the commission and shall keep
51 a record of all its proceedings and recommendations. Staff services for
52 the commission shall be performed by personnel of the department of
53 transportation. In carrying out the functions and responsibilities of
54 the commissioner and the commission, the commissioner shall designate an
55 executive secretary from among the staff of the department of transpor-
A. 10336 3
1 tation who will act as the administrative agent of the commission and
2 assist the commission in fulfilling its duties and functions.
3 3. The arrival or departure of aircraft to or from the airport between
4 the hours of 11 p.m. and 7 a.m., except in the case of emergency, and
5 the development of additional runways at the airport are hereby prohib-
6 ited, provided, however, that such prohibitions may be altered, modified
7 or changed by resolution adopted by a majority vote of the members of
8 the commission after giving public notice of such alteration, modifica-
9 tion or change and holding a public hearing thereon. Any alteration,
10 modification or change which affects the prohibition with respect to
11 arrival and departure of aircraft shall be made only after due consider-
12 ation has been given to the period of daylight occurring at such
13 airport. Notwithstanding the foregoing provisions of this subdivision,
14 the prohibition against the arrival or departure of aircraft to or from
15 the airport between the hours of 11 p.m. and 7 a.m. shall not become
16 effective until ninety days after the effective date of this subdivi-
17 sion. The commissioner upon the advice of the Republic airport commis-
18 sion shall promulgate regulations establishing permissible levels of
19 noise for aircraft operating at the airport. The operator of any
20 aircraft to or from the airport which exceeds such permissible levels of
21 noise shall be guilty of a violation punishable by a fine not to exceed
22 twenty-five hundred dollars.
23 [4. The commission, within one year from its creation, shall conduct a
24 study on payments in lieu of taxes and improvement district taxes and
25 charges with respect to aviation facilities which locate at Republic
26 airport after the effective date of this subdivision and existing
27 aviation facilities whose leases are renewed after the effective date of
28 this subdivision. The commission shall conduct public hearings as part
29 of such study and report its findings and recommendations to the commis-
30 sioner and the legislature within one year after the commencement of
31 such study of such findings and recommendations. The commissioner, in
32 his discretion, may take such steps as may be necessary to implement any
33 or all of such findings and recommendations.]
34 § 2. This act shall take effect immediately.
