S495-2013 Actions

• Jan 9, 2013: REFERRED TO CITIES

S495-2013 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.

S495-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     495

                         2013-2014 Regular Sessions

                              I N  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
  S                                                          LBD03063-01-3

 S. 495                              2

  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.