N.Y. Transportation Law § 402: Republic airport commission

* § 402. Republic airport commission. 1. Upon assumption by the

department of transportation of jurisdiction over the airport facility

and surrounding area located in the county of Suffolk, known as Republic

airport, there shall thereupon be created a Republic airport commission.

This commission will be an advisory council to the commissioner with

respect to administration and management of the Republic airport

facilities and its surrounding areas with respect to projects to be

undertaken and operations and management of the facilities at such

airport. The commission shall be composed of nine members who are

residents of Nassau county or Suffolk county, one of whom shall be

appointed by the governor without recommendation from any other person,

four of whom shall be appointed by the governor upon the recommendation

of the temporary president of the senate, and four of whom shall be

appointed by the governor upon the recommendation of the speaker of the

assembly. For each appointment upon a recommendation, the recommender

shall submit a list of no fewer than three persons, from which the

governor shall appoint one. All such members shall be appointed for a

term of four years, except in the case that a vacancy occurs and is

filled before the expiration of a member's term, the member appointed to

fill such vacancy shall be appointed to the remainder of such term. By

virtue of such commissioner's office, the commissioner of transportation

or the commissioner's designee shall be an ex officio member of the

commission. All such members shall be deemed officers of the state in

connection with the provisions of section seventeen of the public

officers law. The members of the commission shall appoint a chair from

among their number. Members shall not receive a salary or other

compensation, but shall be reimbursed for their actual and necessary

expenses incurred in the performance of their official duties.

2. The Republic airport commission shall assist in the development of

a program relative to the administration and management of the Republic

airport and to advise the commissioner of transportation with regard to

such other programs relative to the Republic airport as the commissioner

may undertake. Such program shall include, but not be limited to

identification of future capital needs, examining the means and methods

of financing such future capital needs, the promotion and examination of

the financing means and methods for the economic development of the area

around the airport, the joining together of such economic development

and the airport operations, the identification and implementation of

ways of working with the local community to accomplish the program and

the identification of non-aviation uses and purposes and prorations of

use or purposes for determinations of in lieu of tax payments. Once the

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

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

section four hundred of this article only following the consultation,

guidance, advice and assistance of the commission. The Republic airport

commission shall meet at least six times a year at the call of the

commissioner of transportation or the chair of the commission and shall

keep a record of all its proceedings and recommendations. Staff services

for the commission shall be performed by personnel of the department of

transportation. In carrying out the functions and responsibilities of

the commissioner and the commission, the commissioner shall designate an

executive secretary from among the staff of the department of

transportation who will act as the administrative agent of the

commission and assist the commission in fulfilling its duties and

functions.

3. The arrival or departure of aircraft to or from the airport between

the hours of 11 p.m. and 7 a.m., except in the case of emergency, and

the development of additional runways at the airport are hereby

prohibited, provided, however, that such prohibitions may be altered,

modified or changed by resolution adopted by a majority vote of the

members of the commission after giving public notice of such alteration,

modification or change and holding a public hearing thereon. Any

alteration, modification or change which affects the prohibition with

respect to arrival and departure of aircraft shall be made only after

due consideration has been given to the period of daylight occurring at

such airport. Notwithstanding the foregoing provisions of this

subdivision, the prohibition against the arrival or departure of

aircraft to or from the airport between the hours of 11 p.m. and 7 a.m.

shall not become effective until ninety days after the effective date of

this subdivision. The commissioner upon the advice of the Republic

airport commission shall promulgate regulations establishing permissible

levels of noise for aircraft operating at the airport. The operator of

any aircraft to or from the airport which exceeds such permissible

levels of noise shall be guilty of a violation punishable by a fine not

to exceed twenty-five hundred dollars.

* NB There are 2 § 402's