Bill S689-2013

Requires the port authority of New York and New Jersey to conduct a noise and land use compatibility study

Requires the port authority of New York and New Jersey to conduct a noise and land use compatibility study.

Details

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  • Jan 8, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 9, 2013: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Memo

BILL NUMBER:S689

TITLE OF BILL: An act to amend chapter 154 of the laws of 1921, relating to the port authority of New York and New Jersey, in relation to requiring a noise and land use compatibility study

PURPOSE OR GENERAL IDEA OF BILL: This bill would require the port authority of New York and New Jersey, to conduct a noise and land use compatibility survey as outlined under federal aviation regulations as well as biennial public hearings regarding aircraft noise issues.

SUMMARY OF PROVISIONS: Section one amends chapter 154 of the laws of 1921 by adding a new article 15-B which requires the port authority of New York and New Jersey ("PANYNJ") to conduct a noise and land use compatibility survey in a manner outlined in 14 Code of Federal Regulations Part 150 or a study of sufficient detail to support a request for noise mitigation funding. A report detailing the findings of this study shall be submitted to the governors and legislatures of New York and New Jersey by June 1, 2014. This section further requires the port authority to hold biennial public hearings at which the public will be heard regarding the identification of aircraft noise issues.

Section two states that this act will take effect upon the enactment Into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation this act shall take effect immediately. The chairman of PANYNJ shall notify the legislative bill drafting commission upon the occurrence of the enactment of article 15-B of chapter 154 of the laws of 1921 in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.

JUSTIFICATION:

The three airports operated by the PANYNJ collectively represent the busiest airport system in the United States. Over time there has been a dramatic increase in the number of commercial and cargo flights coming into and out of John F. Kennedy International, Newark Liberty International and LaGuardia Airports.

In addition, over the past several years the Federal Aviation Administration ("FAA") has begun implementing new approach and departure paths for the major metropolitan airports under the New York/New Jersey/Philadelphia Airspace Redesign and next technological advancements under the NextGen Program. While the increase in flights, improvements in flight plans and navigational technology has provided additional flight offerings to New York and New Jersey consumers they have also resulted in an increase in aircraft noise around communities in proximity to these facilities.

Part 150 of the federal aviation regulations provides a mechanism for considering the issue of aircraft noise and developing a plan to address noise issues that gives due consideration to residents effected by aircraft noise issues.

Part 150 studies have been conducted by many airports around the United States including major Northeast and Atlantic region airports such as Boston Logan, Philadelphia International and Baltimore/Washington International Airports. However, no such studies have been conducted by the PANYNJ. Further, FAA and/or PANYNJ funding maybe available for conducting such a study as well as noise abatement efforts that may be recommended as a result of the study. The purpose of requiring the Port Authority to undertake such a study as well as conduct biennial hearings is to ensure that aircraft noise be given proper consideration by airport operators when determining the use of different runways, approach paths, procedures and technologies. The results of Part 150 studies performed by others have been important when considering an expenditure of funding to mitigate noise at residence, schools, churches, hospitals and the like.

We note however that residential insulation against aircraft noise has been approved by the FAA On the basis of noise exposure maps ("NEM") that were generated for other purposes. It is expected that the use of existing or updated NEMs will greatly reduce the cost of work needed to justify FAA noise insulation approvals since complete Part 150 studies may be avoidable.

LEGISLATIVE HISTORY: 2011: S.7864

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act will take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation this act shall take effect immediately. The chairman of PANYNJ shall notify the legislative bill drafting commission upon the occurrence of the enactment of article 15-B of chapter 154 of the laws of 1921 in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.


Text

STATE OF NEW YORK ________________________________________________________________________ 689 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend chapter 154 of the laws of 1921, relating to the port authority of New York and New Jersey, in relation to requiring a noise and land use compatibility study THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1 of chapter 154 of the laws of 1921, relating to the port authority of New York and New Jersey, is amended by adding a new article 15-B to read as follows: ARTICLE XV-B 1. THE PORT AUTHORITY SHALL CONDUCT A NOISE AND LAND USE COMPATIBILITY STUDY. SUCH STUDY SHALL BE CONDUCTED IN THE MANNER OUTLINED BY FEDERAL AVIATION REGULATIONS, AS SET FORTH IN 14 CODE OF FEDERAL REGULATIONS PART 150, AND SHALL RECOMMEND OPERATIONAL AND LAND USE MEASURES TO IMPROVE THE COMPATIBILITY OF AIR TERMINALS WITH SURROUNDING LAND USES, OR SUCH STUDY SHALL RESULT IN SUFFICIENT DETAIL TO SUPPORT A REQUEST FOR NOISE MITIGATION FUNDING TO BE USED BY THE PORT AUTHORITY TO NOISE INSU- LATE HOMES IMPACTED BY OPERATIONS AT AIRPORTS UNDER THE CONTROL OF THE PORT AUTHORITY. 2. THE PORT AUTHORITY SHALL SUBMIT TO THE GOVERNORS AND THE LEGISLA- TURES OF EACH STATE A REPORT DETAILING THE PORT AUTHORITY'S FINDINGS PURSUANT TO THE STUDY REQUIRED BY THIS ARTICLE. THE PORT AUTHORITY SHALL MAKE SUCH REPORT AVAILABLE TO THE PUBLIC BY JUNE FIRST, TWO THOUSAND FOURTEEN. 3. THE PORT AUTHORITY SHALL HOLD BIENNIAL PUBLIC HEARINGS, AT WHICH MEMBERS OF THE PUBLIC SHALL HAVE THE RIGHT TO BE HEARD REGARDING THE IDENTIFICATION OF AIRCRAFT NOISE ISSUES. SUCH PUBLIC HEARINGS SHALL BE HELD IN THE COUNTIES OF KINGS, QUEENS AND NASSAU, STATE OF NEW YORK, AND
IN THE COUNTIES OF UNION AND ESSEX, STATE OF NEW JERSEY, AND SHALL BE ATTENDED BY AT LEAST ONE COMMISSIONER APPOINTED BY EACH STATE. THE PORT AUTHORITY SHALL DEVELOP AMENDMENTS AND CHANGES TO THE REPORT REQUIRED BY THIS ARTICLE, AS MAY BE NECESSARY AND PRACTICABLE TO ADDRESS PUBLIC INPUT. S 2. This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation this act shall take effect immediately. The chairman of the port authority of New York and New Jersey shall notify the legislative bill drafting commission upon the occurrence of the enactment of article 15-B of chapter 154 of the laws of 1921 in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.

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