N.Y. Transportation Law § 400: Air transportation facilities and services at Stewart and Republic airports

* § 400. Air transportation facilities and services at Stewart and

Republic airports. 1. In order to meet present and future state needs

with respect to the provision of adequate, safe and efficient air

transportation facilities and services to the public, and to promote the

economic development and well-being of the state, the planning,

development, maintenance and operation of such facilities and services

at Stewart and Republic airports may be carried out by the department

and the commissioner in accordance with the provisions of this article.

2. The following terms, as used in this article shall mean:

(a) "Air transportation facilities" shall mean aircraft and

developments such as airports, air terminals, runways, hangars, control

towers, ramps, taxiways, aprons, wharves, bulkheads, buildings,

structures, equipment, parking areas, improvements, facilities and any

real property necessary, convenient or desirable for or relating to the

landing, taking off, accommodation and servicing of aircraft, or for the

loading, unloading, interchange or transfer of passengers, baggage or

cargo, or otherwise for the accommodation, use or convenience of

passengers, carriers, crews and employees. It shall also mean facilities

providing access to airports or air terminals, including highways,

access roads, driveways and appurtenances, devices and structures

incidental thereto.

(b) "Air transportation purposes" shall mean the effectuation,

establishment, acquisition, construction, rehabilitation, improvement,

maintenance, extension, or operation of air transportation facilities or

services owned, leased, operated or provided by the department, or by

others pursuant to agreement with the department, at Stewart and/or

Republic airports.

(c) "Department" shall mean the department of transportation of the

state of New York.

(d) "Commissioner" shall mean the commissioner of transportation of

the state of New York.

(e) "Stewart and Republic airports" shall mean those airports, and

facilities and surrounding areas under the jurisdiction of the

metropolitan transportation authority or any subsidiary public benefit

corporation, located at (in the case of Stewart airport) the county of

Orange, towns of Newburgh and New Windsor; and (in the case of Republic

airport) in the county of Suffolk, town of Babylon.

(f) "Real property" shall mean lands, structures, franchises and

interests in land, including air space, air rights, waters, lands under

water and riparian rights, and any and all things and rights included

within said term, and includes not only fee simple absolute but also any

and all lesser interests, including but not limited to easements, rights

of way, uses, leases, licenses and all other incorporeal hereditaments

and every estate, interest or right, legal or equitable, including terms

for years and liens thereon by way of judgments, mortgages or otherwise.

(g) "Aircraft" shall mean aircraft of all types, including but not

limited to airplanes, airships, dirigibles, helicopters, gliders,

seaplanes, or any other contrivance now or hereafter used for the

navigation of or flight in air or space.

(h) "Stewart airport commission" shall mean the commission established

by section four hundred one of this article.

(i) "Republic airport commission" shall mean the commission

established by section four hundred two of this article.

3. In order to effectuate the purposes of this article:

(a) The commissioner, for and on behalf of the people of the state of

New York, may acquire any and all air transportation facilities

necessary for air transportation purposes, pursuant to the eminent

domain procedure law, or by purchase, gift, grant, transfer, assignment,

contract, lease or other arrangement.

(b) The department may, on such terms and conditions as the

commissioner determines necessary, convenient or desirable, establish,

construct, effectuate, operate, maintain, renovate, improve, extend or

repair air transportation facilities at Stewart and Republic airports,

or may provide therefor by contract, lease or otherwise, with any

person, firm, corporation, municipality, or governmental unit, agency or

instrumentality. In connection with the operation of any such air

terminal, the department may establish, construct, effectuate, operate,

renovate, maintain, improve, extend or repair, or may provide therefor

by contract, lease or otherwise, any related services or activities the

commissioner deems necessary, convenient or desirable.

(c) The department may establish, levy and collect or cause to be

established, levied and collected, or join with others in the

establishment, levying and collection, of such fares, tolls, rentals,

rates, charges and other fees as the commissioner deems necessary,

convenient or desirable for the use or operation of any air

transportation facilities, services, equipment or activities operated

at, serving or incidental to Stewart or Republic airports.

(d) The commissioner may establish such rules, regulations and

procedures governing the use, operation and occupancy of air

transportation facilities and related facilities, equipment, services

and activities at, serving or incidental to Stewart and Republic

airports as he may deem necessary, convenient or desirable.

Non-compliance with such airport rules and regulations shall be a

violation of law punishable by a fine not to exceed two hundred fifty

dollars unless a different fine is expressly provided in another section

of law.

(e) The department may apply for, accept, receive and utilize grants

of property, money and services and other assistance offered or made

available to it by any person, government or agency or instrumentality

thereof for any use within the scope of its functions, powers, duties or

responsibilities under this article.

(f) The department may do all things it deems necessary, convenient or

desirable to manage, control and direct the maintenance and operation of

air transportation facilities and related facilities, equipment,

activities and services, at Stewart and/or Republic airports; provided,

however, that the department shall take no action which would be

inconsistent with or supersede the provisions of subdivision three of

section four hundred two of this article.

(g) The department may conduct or participate in demonstration

projects relating to air transportation facilities and services at,

serving or incidental to Stewart or Republic airports.

(h) Upon the effective date of this article all rights, title and

interest in all assets, equipment and property, both tangible and

intangible, used in connection with the ownership, planning,

development, maintenance and operation of Stewart and Republic airports

of the metropolitan transportation authority and/or any subsidiary

corporation of such authority are hereby transferred to the department

of transportation. Any and all appropriations or reappropriations made

in any capital projects fund or state purposes account to the

metropolitan transportation authority in connection with either Stewart

and/or Republic airports which remain unencumbered on the effective date

of this article are hereby transferred to the department of

transportation. The commissioner, subject to the approval of the

division of the budget, shall enter into an agreement or agreements with

the metropolitan transportation authority and/or any subsidiary

corporation of such authority and authorization is hereby granted to the

metropolitan transportation authority and/or any subsidiary corporation

of such authority to enter into such agreement or agreements to transfer

and assign to the department of transportation any other rights and

obligations and contract rights and obligations resulting from or

arising out of the ownership, planning, development, maintenance and/or

operation of Stewart and/or Republic airports, and notwithstanding the

provisions of chapter four hundred seventy-two of the laws of nineteen

hundred seventy-one, the metropolitan transportation authority and/or

any subsidiary corporation of such authority is authorized to contract

with the commissioner to provide service as an airport operator for

Stewart and/or Republic airports. In lieu of contracting with the

metropolitan transportation authority and/or any subsidiary corporation

of such authority for such services, the commissioner may contract for

the operation of Stewart and/or Republic airports with any qualified

operator. Any service contract shall contain the clause that the term of

such contract with respect to either Stewart airport or Republic airport

or both shall be subject to cancellation upon six months' notice from

the commissioner. Such notice shall be given only after the

consultation, guidance, advice and assistance relative to such action by

either the Stewart airport commission or the Republic airport commission

or both with respect to such service contract as it affects either

Stewart airport or Republic airport or both respectively. Until the

effective date of any such contract between the metropolitan

transportation authority and/or subsidiary corporation of such authority

or another entity and the commissioner to provide airport operator

services at Stewart and/or Republic airports respectively, the

metropolitan transportation authority through its subsidiary

metropolitan airports authority shall continue to provide the service as

an airport operator for both Stewart and Republic airports with the

costs and expenses of such activities throughout the period of the

effective date of this article through the effective date of such

contract being the obligation of the metropolitan transportation

authority, but not longer than one year from the effective date of this

article.

Notwithstanding anything to the contrary contained in this paragraph

on or after the effective date of this article, interests in the real

property and air transportation facilities at Stewart airport

hereinafter set forth shall be leased by the state to the United States

government upon terms and consideration and for a term to be mutually

agreed upon by the commissioner and said United States government with

the concurrence of the adjutant general for the purpose of establishing

an air national guard facility:

(i) For such temporary period or periods as the adjutant general deems

necessary, and for the purposes of an interim air national guard

facility, pending construction of a permanent facility--

Such real property and such air transportation facilities as shall be

agreed upon by the commissioner and the United States government with

the concurrence of the adjutant general. The federal government has

appropriated five hundred thousand dollars for rehabilitation of the

said interim air national guard facility. Upon relocation of the air

national guard to said permanent facilities all improvements constructed

by the federal government shall become the property of the state of New

York.

(ii) For a term of fifty years with option for renewal for the

purposes of a permanent air national guard facility--

Building 105 with adjacent parking compound located in rear of

building, and the land commonly known as the "pad area" situated between

runways twenty-seven and thirty-four and the eastern boundary of the

airport property, this site being the location upon which a permanent

air national guard facility will be constructed.

(i) In connection with any improvements on real property or any new

leases or renewal of leases for real property made after the department

assumes jurisdiction over an air transportation facility, whether owned

by the state or others, that are devoted to non-aviation purposes in

whole or substantial portion thereof, the commissioner shall enter into

agreements to pay, or make provisions for the payment of, annual sums in

lieu of taxes to any municipality or political subdivision of the state

in which such improvements are located. Such non-aviation purposes shall

include but not be limited to motel, hotel, restaurant, transportation

services other than aircraft, manufacturers whose products are not used

exclusively at the airport, general office space and such other

buildings and improvements as determined by the commissioner to be not

exclusively for aviation purposes. In regard to such non-aviation and

substantial portion related determinations and any proration of use or

purpose for determination of in lieu of tax payments, such

determinations shall be in accordance with the recommendations made by

the Stewart airport commission or Republic airport commission and the

affected municipalities or politial subdivisions, respectively.

Notwithstanding the foregoing provisions of this subdivision if an

agreement is made between the Stewart airport commission or the Republic

airport commission and all municipalities or political subdivisions with

respect to payments in lieu of taxes or the definition of "non-aviation

purposes" such agreements shall be binding upon the commissioner with

respect to such subjects, provided, however, that if there is no such

agreement among all the aforementioned parties, the commissioner shall

make such determinations based upon the recommendations of all the

parties.

4. Once the Stewart airport commission and/or the Republic airport

commission have been established, the commissioner and/or the department

shall effectuate the authorizations, powers and/or duties set forth in

this article with respect to Stewart airport and/or Republic airport

only following the consultation, guidance, advice, and assistance of the

Stewart airport commission and/or the Republic airport commission,

respectively.

5. No toxic waste site or center shall be located or maintained at

either Stewart airport including the surrounding area as contained in

the metropolitan transportation authority project map number one

thousand filed in the Orange county clerk's office on August thirteenth,

nineteen hundred seventy-one or Republic airport.

* NB There are 2 § 400's