§ 400 — Air transportation facilities and services at Stewart and Republic airports

* § 400. Air transportation facilities and services at Stewart and\nRepublic airports. 1. In order to meet present and future state needs\nwith respect to the provision of adequate, safe and efficient air\ntransportation facilities and services to the public, and to promote the\neconomic development and well-being of the state, the planning,\ndevelopment, maintenance and operation of such facilities and services\nat Stewart and Republic airports may be carried out by the department\nand the commissioner in accordance with the provisions of this article.\n 2. The following terms, as used in this article shall mean:\n (a) "Air transportation facilities" shall mean aircraft and\ndevelopments such as airports, air terminals, runways, hangars, control\ntowers, ramps, taxiways, aprons, wharves, bulkheads, buildings,\nstructures, equipment, parking areas, improvements, facilities and any\nreal property necessary, convenient or desirable for or relating to the\nlanding, taking off, accommodation and servicing of aircraft, or for the\nloading, unloading, interchange or transfer of passengers, baggage or\ncargo, or otherwise for the accommodation, use or convenience of\npassengers, carriers, crews and employees. It shall also mean facilities\nproviding access to airports or air terminals, including highways,\naccess roads, driveways and appurtenances, devices and structures\nincidental thereto.\n (b) "Air transportation purposes" shall mean the effectuation,\nestablishment, acquisition, construction, rehabilitation, improvement,\nmaintenance, extension, or operation of air transportation facilities or\nservices owned, leased, operated or provided by the department, or by\nothers pursuant to agreement with the department, at Stewart and/or\nRepublic airports.\n (c) "Department" shall mean the department of transportation of the\nstate of New York.\n (d) "Commissioner" shall mean the commissioner of transportation of\nthe state of New York.\n (e) "Stewart and Republic airports" shall mean those airports, and\nfacilities and surrounding areas under the jurisdiction of the\nmetropolitan transportation authority or any subsidiary public benefit\ncorporation, located at (in the case of Stewart airport) the county of\nOrange, towns of Newburgh and New Windsor; and (in the case of Republic\nairport) in the county of Suffolk, town of Babylon.\n (f) "Real property" shall mean lands, structures, franchises and\ninterests in land, including air space, air rights, waters, lands under\nwater and riparian rights, and any and all things and rights included\nwithin said term, and includes not only fee simple absolute but also any\nand all lesser interests, including but not limited to easements, rights\nof way, uses, leases, licenses and all other incorporeal hereditaments\nand every estate, interest or right, legal or equitable, including terms\nfor years and liens thereon by way of judgments, mortgages or otherwise.\n (g) "Aircraft" shall mean aircraft of all types, including but not\nlimited to airplanes, airships, dirigibles, helicopters, gliders,\nseaplanes, or any other contrivance now or hereafter used for the\nnavigation of or flight in air or space.\n (h) "Stewart airport commission" shall mean the commission established\nby section four hundred one of this article.\n (i) "Republic airport commission" shall mean the commission\nestablished by section four hundred two of this article.\n 3. In order to effectuate the purposes of this article:\n (a) The commissioner, for and on behalf of the people of the state of\nNew York, may acquire any and all air transportation facilities\nnecessary for air transportation purposes, pursuant to the eminent\ndomain procedure law, or by purchase, gift, grant, transfer, assignment,\ncontract, lease or other arrangement.\n (b) The department may, on such terms and conditions as the\ncommissioner determines necessary, convenient or desirable, establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair air transportation facilities at Stewart and Republic airports,\nor may provide therefor by contract, lease or otherwise, with any\nperson, firm, corporation, municipality, or governmental unit, agency or\ninstrumentality. In connection with the operation of any such air\nterminal, the department may establish, construct, effectuate, operate,\nrenovate, maintain, improve, extend or repair, or may provide therefor\nby contract, lease or otherwise, any related services or activities the\ncommissioner deems necessary, convenient or desirable.\n (c) The department may establish, levy and collect or cause to be\nestablished, levied and collected, or join with others in the\nestablishment, levying and collection, of such fares, tolls, rentals,\nrates, charges and other fees as the commissioner deems necessary,\nconvenient or desirable for the use or operation of any air\ntransportation facilities, services, equipment or activities operated\nat, serving or incidental to Stewart or Republic airports.\n (d) The commissioner may establish such rules, regulations and\nprocedures governing the use, operation and occupancy of air\ntransportation facilities and related facilities, equipment, services\nand activities at, serving or incidental to Stewart and Republic\nairports as he may deem necessary, convenient or desirable.\nNon-compliance with such airport rules and regulations shall be a\nviolation of law punishable by a fine not to exceed two hundred fifty\ndollars unless a different fine is expressly provided in another section\nof law.\n (e) The department may apply for, accept, receive and utilize grants\nof property, money and services and other assistance offered or made\navailable to it by any person, government or agency or instrumentality\nthereof for any use within the scope of its functions, powers, duties or\nresponsibilities under this article.\n (f) The department may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\nair transportation facilities and related facilities, equipment,\nactivities and services, at Stewart and/or Republic airports; provided,\nhowever, that the department shall take no action which would be\ninconsistent with or supersede the provisions of subdivision three of\nsection four hundred two of this article.\n (g) The department may conduct or participate in demonstration\nprojects relating to air transportation facilities and services at,\nserving or incidental to Stewart or Republic airports.\n (h) Upon the effective date of this article all rights, title and\ninterest in all assets, equipment and property, both tangible and\nintangible, used in connection with the ownership, planning,\ndevelopment, maintenance and operation of Stewart and Republic airports\nof the metropolitan transportation authority and/or any subsidiary\ncorporation of such authority are hereby transferred to the department\nof transportation. Any and all appropriations or reappropriations made\nin any capital projects fund or state purposes account to the\nmetropolitan transportation authority in connection with either Stewart\nand/or Republic airports which remain unencumbered on the effective date\nof this article are hereby transferred to the department of\ntransportation. The commissioner, subject to the approval of the\ndivision of the budget, shall enter into an agreement or agreements with\nthe metropolitan transportation authority and/or any subsidiary\ncorporation of such authority and authorization is hereby granted to the\nmetropolitan transportation authority and/or any subsidiary corporation\nof such authority to enter into such agreement or agreements to transfer\nand assign to the department of transportation any other rights and\nobligations and contract rights and obligations resulting from or\narising out of the ownership, planning, development, maintenance and/or\noperation of Stewart and/or Republic airports, and notwithstanding the\nprovisions of chapter four hundred seventy-two of the laws of nineteen\nhundred seventy-one, the metropolitan transportation authority and/or\nany subsidiary corporation of such authority is authorized to contract\nwith the commissioner to provide service as an airport operator for\nStewart and/or Republic airports. In lieu of contracting with the\nmetropolitan transportation authority and/or any subsidiary corporation\nof such authority for such services, the commissioner may contract for\nthe operation of Stewart and/or Republic airports with any qualified\noperator. Any service contract shall contain the clause that the term of\nsuch contract with respect to either Stewart airport or Republic airport\nor both shall be subject to cancellation upon six months' notice from\nthe commissioner. Such notice shall be given only after the\nconsultation, guidance, advice and assistance relative to such action by\neither the Stewart airport commission or the Republic airport commission\nor both with respect to such service contract as it affects either\nStewart airport or Republic airport or both respectively. Until the\neffective date of any such contract between the metropolitan\ntransportation authority and/or subsidiary corporation of such authority\nor another entity and the commissioner to provide airport operator\nservices at Stewart and/or Republic airports respectively, the\nmetropolitan transportation authority through its subsidiary\nmetropolitan airports authority shall continue to provide the service as\nan airport operator for both Stewart and Republic airports with the\ncosts and expenses of such activities throughout the period of the\neffective date of this article through the effective date of such\ncontract being the obligation of the metropolitan transportation\nauthority, but not longer than one year from the effective date of this\narticle.\n Notwithstanding anything to the contrary contained in this paragraph\non or after the effective date of this article, interests in the real\nproperty and air transportation facilities at Stewart airport\nhereinafter set forth shall be leased by the state to the United States\ngovernment upon terms and consideration and for a term to be mutually\nagreed upon by the commissioner and said United States government with\nthe concurrence of the adjutant general for the purpose of establishing\nan air national guard facility:\n (i) For such temporary period or periods as the adjutant general deems\nnecessary, and for the purposes of an interim air national guard\nfacility, pending construction of a permanent facility--\n Such real property and such air transportation facilities as shall be\nagreed upon by the commissioner and the United States government with\nthe concurrence of the adjutant general. The federal government has\nappropriated five hundred thousand dollars for rehabilitation of the\nsaid interim air national guard facility. Upon relocation of the air\nnational guard to said permanent facilities all improvements constructed\nby the federal government shall become the property of the state of New\nYork.\n (ii) For a term of fifty years with option for renewal for the\npurposes of a permanent air national guard facility--\n Building 105 with adjacent parking compound located in rear of\nbuilding, and the land commonly known as the "pad area" situated between\nrunways twenty-seven and thirty-four and the eastern boundary of the\nairport property, this site being the location upon which a permanent\nair national guard facility will be constructed.\n (i) In connection with any improvements on real property or any new\nleases or renewal of leases for real property made after the department\nassumes jurisdiction over an air transportation facility, whether owned\nby the state or others, that are devoted to non-aviation purposes in\nwhole or substantial portion thereof, the commissioner shall enter into\nagreements to pay, or make provisions for the payment of, annual sums in\nlieu of taxes to any municipality or political subdivision of the state\nin which such improvements are located. Such non-aviation purposes shall\ninclude but not be limited to motel, hotel, restaurant, transportation\nservices other than aircraft, manufacturers whose products are not used\nexclusively at the airport, general office space and such other\nbuildings and improvements as determined by the commissioner to be not\nexclusively for aviation purposes. In regard to such non-aviation and\nsubstantial portion related determinations and any proration of use or\npurpose for determination of in lieu of tax payments, such\ndeterminations shall be in accordance with the recommendations made by\nthe Stewart airport commission or Republic airport commission and the\naffected municipalities or politial subdivisions, respectively.\n Notwithstanding the foregoing provisions of this subdivision if an\nagreement is made between the Stewart airport commission or the Republic\nairport commission and all municipalities or political subdivisions with\nrespect to payments in lieu of taxes or the definition of "non-aviation\npurposes" such agreements shall be binding upon the commissioner with\nrespect to such subjects, provided, however, that if there is no such\nagreement among all the aforementioned parties, the commissioner shall\nmake such determinations based upon the recommendations of all the\nparties.\n 4. Once the Stewart airport commission and/or the Republic airport\ncommission have been established, the commissioner and/or the department\nshall effectuate the authorizations, powers and/or duties set forth in\nthis article with respect to Stewart airport and/or Republic airport\nonly following the consultation, guidance, advice, and assistance of the\nStewart airport commission and/or the Republic airport commission,\nrespectively.\n 5. No toxic waste site or center shall be located or maintained at\neither Stewart airport including the surrounding area as contained in\nthe metropolitan transportation authority project map number one\nthousand filed in the Orange county clerk's office on August thirteenth,\nnineteen hundred seventy-one or Republic airport.\n * NB There are 2 § 400's\n