N.Y. Transportation Law § 14-h: Airport preservation

§ 14-h. Airport preservation. 1. In order to preserve and enhance the

air transportation system of the state, the commissioner of

transportation is hereby authorized:

a. To enter into an agreement with the operator of any privately-owned

airport to pay on behalf of the state a share of the project costs of

any project undertaken in accordance with the provisions of the federal

airport and airway improvement program of the federal aviation

administration or any federal program hereafter enacted for the purpose

of airport improvement.

b. To utilize for this purpose any funds available for the

acquisition, construction, reconstruction or improvement of airports or

aviation capital facilities, including but not limited to funds

available from the transportation capital facilities bond act of

nineteen hundred sixty-seven and the rebuild New York through

transportation infrastructure renewal bond act of nineteen hundred

eighty-three. Notwithstanding any provisions of law to the contrary,

for airports funded pursuant to this section, the owner of a municipal

airport may, with the approval of the commissioner, contract directly

with the office of general services to provide for the removal of fuel

tanks under such terms and conditions as set forth by the office of

general services, including provision for the deposit of funds of such

airport with the state comptroller, who is authorized to receive and

accept the same for the purposes of this paragraph, for expenditure on

such project costs or, as appropriate, for the return of any excess

deposit to such airport, on vouchers approved by the office of general

services.

c. To enter into any agreements necessary to effectuate the provisions

of this section and to insure the availability to the public of any

airport improved hereunder for the useful life of such improvement as

defined in section sixty-one of the state finance law.

d. To receive applications for participation in this program by the

operators of privately-owned airports determined by the commissioner to

serve a public purpose and to establish standards governing the form,

content and submission of such applications, including the requirement

that any application submitted under this section by the owner of a

privately-owned airport be accompanied by a resolution from the

governing body of the municipality in which such airport is located

formally endorsing the project for which state aid is requested.

e. To do all things necessary, convenient or desirable to carry out

the purposes of this section.

2. The state share of any such improvement project undertaken with

federal assistance from the federal aviation administration shall be

limited to seventy-five percent of the non-federal share of such

approved project.

3. Whenever a property owner intends to dispose of, sell, lease or

otherwise transfer any or all of its interest in an air transportation

facility and such disposal, sale, lease or transfer shall result in that

facility no longer having as its principal function aviation operations

or support, such owner shall notify the department in writing of its

intention to transfer such interest on or before ninety days prior to

such transfer.