§ 402 — Republic airport commission

* § 402. Republic airport commission. 1. Upon assumption by the\ndepartment of transportation of jurisdiction over the airport facility\nand surrounding area located in the county of Suffolk, known as Republic\nairport, there shall thereupon be created a Republic airport commission.\nThis commission will be an advisory council to the commissioner with\nrespect to administration and management of the Republic airport\nfacilities and its surrounding areas with respect to projects to be\nundertaken and operations and management of the facilities at such\nairport. The commission shall be composed of nine members who are\nresidents of Nassau county or Suffolk county, one of whom shall be\nappointed by the governor without recommendation from any other person,\nfour of whom shall be appointed by the governor upon the recommendation\nof the temporary president of the senate, and four of whom shall be\nappointed by the governor upon the recommendation of the speaker of the\nassembly. For each appointment upon a recommendation, the recommender\nshall submit a list of no fewer than three persons, from which the\ngovernor shall appoint one. All such members shall be appointed for a\nterm of four years, except in the case that a vacancy occurs and is\nfilled before the expiration of a member's term, the member appointed to\nfill such vacancy shall be appointed to the remainder of such term. By\nvirtue of such commissioner's office, the commissioner of transportation\nor the commissioner's designee shall be an ex officio member of the\ncommission. All such members shall be deemed officers of the state in\nconnection with the provisions of section seventeen of the public\nofficers law. The members of the commission shall appoint a chair from\namong their number. Members shall not receive a salary or other\ncompensation, but shall be reimbursed for their actual and necessary\nexpenses incurred in the performance of their official duties.\n 2. The Republic airport commission shall assist in the development of\na program relative to the administration and management of the Republic\nairport and to advise the commissioner of transportation with regard to\nsuch other programs relative to the Republic airport as the commissioner\nmay undertake. Such program shall include, but not be limited to\nidentification of future capital needs, examining the means and methods\nof financing such future capital needs, the promotion and examination of\nthe financing means and methods for the economic development of the area\naround the airport, the joining together of such economic development\nand the airport operations, the identification and implementation of\nways of working with the local community to accomplish the program and\nthe identification of non-aviation uses and purposes and prorations of\nuse or purposes for determinations of in lieu of tax payments. Once the\ncommission has been established, the commissioner and/or the department\nshall effectuate the authorizations, powers and/or duties set forth in\nsection four hundred of this article only following the consultation,\nguidance, advice and assistance of the commission. The Republic airport\ncommission shall meet at least six times a year at the call of the\ncommissioner of transportation or the chair of the commission and shall\nkeep a record of all its proceedings and recommendations. Staff services\nfor the commission shall be performed by personnel of the department of\ntransportation. In carrying out the functions and responsibilities of\nthe commissioner and the commission, the commissioner shall designate an\nexecutive secretary from among the staff of the department of\ntransportation who will act as the administrative agent of the\ncommission and assist the commission in fulfilling its duties and\nfunctions.\n 3. The arrival or departure of aircraft to or from the airport between\nthe hours of 11 p.m. and 7 a.m., except in the case of emergency, and\nthe development of additional runways at the airport are hereby\nprohibited, provided, however, that such prohibitions may be altered,\nmodified or changed by resolution adopted by a majority vote of the\nmembers of the commission after giving public notice of such alteration,\nmodification or change and holding a public hearing thereon. Any\nalteration, modification or change which affects the prohibition with\nrespect to arrival and departure of aircraft shall be made only after\ndue consideration has been given to the period of daylight occurring at\nsuch airport. Notwithstanding the foregoing provisions of this\nsubdivision, the prohibition against the arrival or departure of\naircraft to or from the airport between the hours of 11 p.m. and 7 a.m.\nshall not become effective until ninety days after the effective date of\nthis subdivision. The commissioner upon the advice of the Republic\nairport commission shall promulgate regulations establishing permissible\nlevels of noise for aircraft operating at the airport. The operator of\nany aircraft to or from the airport which exceeds such permissible\nlevels of noise shall be guilty of a violation punishable by a fine not\nto exceed twenty-five hundred dollars.\n * NB There are 2 § 402's\n