N.Y. Transportation Law § 14-m: Airport security

§ 14-m. Airport security. 1. For the purposes of this section, the

following terms shall have the following meanings: (a) the term

"airport" shall have the same meaning as such term is defined in

subdivision five of section two hundred forty of the general business

law except that such term shall not include any airport operated by a

bi-state authority nor any airport with scheduled commercial air carrier

service;

(b) the term "aircraft" shall have the same meaning as such term is

defined in subdivision one of section two hundred forty of the general

business law;

(c) the term "private-use airport" shall mean an airport used

exclusively by the owner thereof and persons authorized by such owner;

(d) the term "public-use airport" shall mean an airport available for

use by the general public without a requirement for the prior approval

of the owner or operator thereof except as may be required by federal

law or regulation.

This section shall not be construed to replace or supersede airport

security standards required by the United States department of homeland

security or transportation security administration or safety standards

required by the United States department of transportation or federal

aviation administration.

2. Notwithstanding any provision of law to the contrary, in order to

enhance security at the airports of the state, each private-use and

public-use airport located, in whole or in part, in New York state

shall:

(a)(i) Register with the department within one year from the effective

date of this section. Such registration shall be valid for a period of

three years, and shall be submitted on forms provided by the department

which shall contain the following information: the physical and mailing

addresses of such airport; the telephone number, facsimile number, and

e-mail address of such airport; the name or names and telephone number

or numbers of one or more twenty-four hour security contact persons, as

designated by such airport; a map showing the location and general

boundaries of such airport; and such other information as the department

may reasonably prescribe. Such registration also shall be accompanied by

the written security plan required pursuant to paragraph (b) of this

subdivision.

(ii) Each such airport shall renew its registration with the

department every three years. Requests for renewal shall be made on

forms supplied by the department and shall not be accepted unless

accompanied with an updated written security plan as provided in

paragraph (b) of this subdivision.

(b) (i) Each private-use and public-use airport shall document its

security procedures in a written security plan that is consistent with

the most recent security guidelines for general aviation airports

published by the United States transportation security administration.

Such plan shall be updated every three years and submitted to the

department with each such airport's renewal application for

registration. In developing such plan, each airport shall consider the

applicable security enhancement recommendations contained in the most

recent security guidelines for general aviation airports published by

the United States transportation security administration. Each written

plan shall include a description of how the airport has addressed each

applicable recommendation of such guidelines, and a justification for

not adopting any applicable recommendation suggested by such guidelines

for the airport's security characteristics. Applicable recommendations

from such document should be determined by such airport by using the

airport characteristics self-assessment measurement tool available in

such document and any other self-assessment tools subsequently issued by

the transportation security administration.

(ii) In addition to submitting such plan to the department in

compliance with paragraph (a) of this subdivision, each airport shall

submit a copy of such plan and all updates thereof to local law

enforcement agencies having jurisdiction over such airport, the New York

state police, and the New York state office of homeland security.

(c)(i) In addition to the other provisions of this section,

private-use airports shall:

(A) require all aircraft to be double-locked, with one lock internal

to the aircraft, and one lock external to the aircraft, when such

aircraft is not in operation; and

(B) provide that all hangars be locked when not in use.

(ii) In addition to the other provisions of this section, public-use

airports shall:

(A) meet all the requirements of private-use airports set forth in

subparagraph (i) of this paragraph;

(B) require verification of the identity of all aircraft passengers by

the aircraft crew;

(C) maintain a log of all transient aircraft for a minimum of five

years;

(D) develop a written list of emergency contacts and telephone

numbers, to be available to airport personnel;

(E) restrict the access of unlicensed persons and student pilots to

aircraft keys;

(F) require persons renting aircraft to present government-issued

identification, which identification shall be in addition to any pilot's

license;

(G) post airport security warning signs and advisories where

appropriate;

(H) create an emergency locator map, which may be hand-drawn generally

to scale, identifying areas such as runways, ramp areas, fence lines,

gates, hydrants, emergency shelters, buildings and hazardous materials

sites, and provide copies of such map to emergency response agencies

serving such airport, to law enforcement agencies having jurisdiction

over such airport, and appropriate airport personnel. Whenever there is

a physical change involving such areas, such map shall be revised and

resubmitted to the aforementioned emergency response and law enforcement

agencies and airport personnel within sixty days of such change; and

(I) familiarize local law enforcement with the airport and consult

with them in the airport's development of appropriate security

procedures.

3. The map required to be created pursuant to clause (H) of

subparagraph (ii) of paragraph (c) of subdivision two of this section

and the written security plan required pursuant to paragraph (b) of

subdivision two of this section shall prominently display the following

statement: "This document may contain information that if disclosed

could endanger the life or safety of the public, and therefore this

document is to be maintained and used in a manner which preserves the

confidentiality of the information contained herein in a manner

consistent with law."

4. A person or entity who submits or otherwise makes available to any

state agency or agency of any subdivision thereof the registrations and

security plans produced pursuant to the requirements of this section may

at any time identify those records or portions thereof that contain

critical security information and request that the agency that maintains

such records except such information from disclosure pursuant to

subparagraph one-a of paragraph (a) of subdivision five of section

eighty-nine of the public officers law.