Bill S495-2013

Prohibits the construction, development or siting of hazardous wildlife attractants near airports

Prohibits the construction, development or siting of hazardous wildlife attractants near airports.

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  • Jan 8, 2014: REFERRED TO CITIES
  • Jan 9, 2013: REFERRED TO CITIES

Memo

BILL NUMBER:S495

TITLE OF BILL: An act to amend the general municipal law, in relation to limiting the presence of hazardous wildlife attractants near certain airports located in cities having a population of one million or more persons

PURPOSE OR GENERAL IDEA OF BILL: During the past century, wildlife aircraft strikes have resulted in the loss of hundreds of lives worldwide, as well as billions of dollars in aircraft damage. Hazardous wildlife attractants on and near airports can jeopardize future airport expansion, making proper community land-use planning essential. This legislation provides airport operators and those parties with whom they cooperate with the guidance they need to assess, address and minimize potentially hazardous wildlife attractants when locating new facilities and implementing certain land-use practices on or near public-use airports.

SUMMARY OF SPECIFIC PROVISIONS: This bill will limit the presence of wildlife attractants at or near airports, landing fields or seaplane harbors. This bill applies to any municipality with a population of one million or more and any public authority operating or establishing airports, landing fields or seaplane harbors within such municipality. Permits municipalities to promulgate rules and regulations.

JUSTIFICATION: Wildlife-aircraft collisions (wildlife strikes) pose a serious risk to aircraft and to the traveling public. New York State must develop science-bawd policies, procedures and legislation to control hazardous wildlife on airports and other locations where they present a hazard to aviation safety.

New York State must, as in the case of Arizona and North Carolina, develop within a two year period, science-based recommendations, policies, procedures and legislation to control hazardous wildlife on airports and other locations where they present a hazard to aviation safety in cooperation with other governmental agencies and wildlife protection organizations.

Most New York State airports have large tracts of open, undeveloped land that provide added margins of safety and noise mitigation. These areas can also present potential hazards to aviation if they encourage wildlife to enter an airport's approach or departure airspace or Air Operations Area (AOA). Constructed or natural areas-such as disposal operations, wastewater treatment plants, commercial agricultural or aquaculture activities, surface mining, or wetlands-can provide wildlife with ideal locations for feeding, resting, reproduction, and escape.

During the past century, wildlife-aircraft strikes have resulted in the loss of hundreds of lives worldwide, as well as billions of dollars in aircraft damage. Hazardous wildlife attractants on and

near airports can jeopardize future airport expansion, making proper community land use planning essential.

This legislation will implement provisions which will assist airport operators and, those parties with whom they cooperate, assess, address and minimize potentially hazardous wildlife attractants when locating new facilities and implementing certain land-use practices on or near public-use airports.

PRIOR LEGISLATIVE HISTORY: Assembly Bill 7157 - 2011.

FISCAL IMPLICATIONS: None known.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 495 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general municipal law, in relation to limiting the presence of hazardous wildlife attractants near certain airports located in cities having a population of one million or more persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 355 of the general municipal law, as amended by chapter 840 of the laws of 1977, is amended to read as follows: S 355. Acquisition of rights and property surrounding airports. 1. Any county, city, village or town which has established and is operating, or will hereafter establish and operate, an airport, landing field or seap- lane harbor, is hereby authorized to condemn, or acquire by purchase or gift, the right to abate or remove any flight hazard including any structure, building, tower, pole, wire, tree or other thing, or portion thereof, located within the flight hazard area being the approach and turning zones which lie within three thousand feet of such airport, landing field or seaplane harbor or within such greater distance as the Federal Civil Aeronautics Administration or its successor may declare to be necessary with respect to any particular airport, landing field or seaplane harbor for the approach and turning zones appurtenant thereto, and which the governing body of such county, city, village or town shall determine to constitute a menace to the safety of aircraft using such airport, landing field or seaplane harbor, or to the safety of persons and property within the flight hazard area above defined, including the right of ingress to and egress from the place upon which such structure, building, tower, pole, wire, tree or other thing exists, for the purpose of such abatement or removal. Any such county, city, village or town is further authorized to condemn or acquire by purchase or gift, the right to unobstructed use of such portion of the air space within three thou-
sand feet of such airport, landing field or seaplane harbor or within such greater distance as may be certified to be necessary in the manner heretofore provided in this section so that nothing will interfere with the ascent or the descent of any aircraft at a gliding angle of one foot in height to every thirty feet of horizontal distance from the nearest point of such airport, landing field or seaplane harbor or at such other angles as may be declared by the Federal Civil Aeronautics Adminis- tration, or its successor, as necessary for the approach and turning zones with respect to any particular airport, landing field or seaplane harbor. Any such county, city, village or town is further authorized to condemn, or acquire by purchase or gift, for a term of years or perpetu- ally, the right to place and maintain, obstruction markers and/or lights upon any structure, building, tower, pole, wire, tree, or other thing located within three thousand feet of such airport, landing field or seaplane harbor or within such greater distance as may be certified to be necessary in the manner heretofore provided in this section, which the governing body of such county, city, village or town shall determine to constitute a menace to aerial navigation to or from said airport, landing field or seaplane harbor, including the right to lay and main- tain conduits and wires to such obstruction markers and/or lights. Any such property or property right in any structure, land, building, tower, pole, wire, tree or other thing or portion thereof shall be acquired by purchase, if the county, city, village or town is able to agree with the owners on the terms thereof, and otherwise any such property or property right in any structure, land, building, tower, pole, wire, tree or other thing or portion thereof may be taken by acquisition, in the manner provided by and subject to the provisions of the eminent domain proce- dure law. 2. ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS OR ANY PUBLIC AUTHORITY OPERATING IN SUCH CITY, SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION WHICH HAS ESTABLISHED AND IS OPERATING, OR WILL HERE- AFTER ESTABLISH AND OPERATE, AN AIRPORT, LANDING FIELD OR SEAPLANE HARBOR, SHALL, PROHIBIT THE CONSTRUCTION, DEVELOPMENT OR SITING OF HAZARDOUS WILDLIFE ATTRACTANTS AT OR NEAR SUCH AIRPORT, LANDING FIELD OR SEAPLANE HARBOR. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "HAZARDOUS WILDLIFE ATTRACTANTS" SHALL MEAN COMMERCIAL DISPOSAL OPERATIONS, WASTE TRANSFER STATIONS, WASTEWATER TREATMENT PLANTS AND COMMERCIAL AGRICUL- TURE AND COMMERCIAL AQUACULTURE ACTIVITIES. ADDITIONALLY, ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS OR ANY PUBLIC AUTHOR- ITY OPERATING IN SUCH CITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE PROHIBITION OF HAZARDOUS WILDLIFE ATTRACTANTS SO LONG AS THEY ARE CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ANY MUNICIPALITY WITH A POPULATION OF ONE MILLION OR MORE, OR TO A PUBLIC AUTHORITY WHICH ESTABLISHES AND OPERATES AN AIRPORT, LANDING FIELD OR SEAPLANE HARBOR WITHIN SUCH MUNICIPALITY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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