Assembly Bill A8596

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local governments
Jun 04, 2009	print number 8596a
Jun 04, 2009	amend (t) and recommit to local governments
May 29, 2009	referred to local governments

Bill Amendments

Original

A (Active)

2009-A8596 - Details

Current Committee:: Assembly Local Governments
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: A7157

2009-A8596 - Summary

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

2009-A8596 - Sponsor Memo

                                BILL NUMBER:A8596

TITLE  OF BILL:   An act to amend the general municipal law, in relation
to limiting the presence of hazardous wildlife attractants near airports

PURPOSE:   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
attractant when locating new facilities and implementing  certain  land-
use practices on or near public-use airports.

SUMMARY  OF  PROVISIONS:   This bill will limit the presence of wildlife
attractants at or near airports, landing fields or seaplane harbors.

JUSTIFICATION:  Wildlife-aircraft collisions (wildlife strikes)  pose  a
serious  risk  to  aircraft  and to the traveling public. New York State
must develop  science-based  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, poli-

cies, 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  wild-
life  to  enter an airport's approach or departure airspace or Air Oper-
ations Area (AOA). Constructed or natural areas--such as poorly  drained
locations,  detention/retention ponds, landscaping, odor-causing rotting
organic  matter  (putrescible  waste)  disposal  operations,  wastewater
treatment   plants,  agricultural  or  aquaculture  activities,  surface
mining, or wetlands--can provide wildlife with ideal locations for feed-
ing, loafing, 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.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None known.

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

2009-A8596 - Bill Text download pdf

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

                                  8596

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M. of A. MENG -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the general municipal law, in relation to  limiting  the
  presence of hazardous wildlife attractants near airports

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-05-9

A. 8596                             2

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  COUNTY,  CITY,  VILLAGE,  TOWN  OR PUBLIC AUTHORITY WHICH HAS
ESTABLISHED AND IS OPERATING, OR WILL HEREAFTER 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
AREAS OF LAND THAT ATTRACT  WILDLIFE  AND  INCREASE  THE  LIKELIHOOD  OF
CONFLICT  AND STRIKES BETWEEN WILDLIFE AND AIRCRAFT.  HAZARDOUS WILDLIFE
ATTRACTANTS ARE LAND AREAS WITH POOR DRAINAGE, DETENTION  AND  RETENTION
PONDS,  AREAS  CONTAINING  PUTRESCIBLE WASTE, DISPOSAL OPERATIONS, WASTE
TRANSFER STATIONS, WASTEWATER TREATMENT PLANTS, AGRICULTURE AND AQUACUL-
TURE ACTIVITIES, SURFACE  MINING,  AND  WETLANDS.    ANY  COUNTY,  CITY,
VILLAGE OR TOWN IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
GOVERNING THE PROHIBITION OF HAZARDOUS WILDLIFE ATTRACTANTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2009-A8596A (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: A7157

2009-A8596A (ACTIVE) - Summary

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

2009-A8596A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8596A

TITLE  OF BILL:   An act to amend the general municipal law, in relation
to limiting the presence of hazardous wildlife attractants near  certain
airports

PURPOSE:    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 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, poli-
cies, 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  wild-
life  to  enter an airport's approach or departure airspace or Air Oper-
ations Area (AOA). Constructed or natural areas-such as  disposal  oper-
ations,   wastewater   treatment   plants,  commercial  agricultural  or
aquaculture activities, surface mining, or wetlands-can provide wildlife
with ideal locations for feeding,  loafing,  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.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None known.

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

2009-A8596A (ACTIVE) - Bill Text download pdf

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

                                 8596--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M. of A. MENG -- read once and referred to the Committee
  on Local Governments -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general municipal law, in relation to limiting the
  presence of hazardous wildlife attractants near certain airports

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-08-9

A. 8596--A                          2

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 MUNICIPALITY OR PUBLIC AUTHORITY 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 MUNICI-
PALITY OR PUBLIC AUTHORITY 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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Assembly Bill A8596

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8596 - Details

2009-A8596 - Summary

2009-A8596 - Sponsor Memo

2009-A8596 - Bill Text download pdf

2009-A8596A (ACTIVE) - Details

2009-A8596A (ACTIVE) - Summary

2009-A8596A (ACTIVE) - Sponsor Memo

2009-A8596A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Assembly Bill A8596

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Sponsored By

MENG

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8596 - Details

2009-A8596 - Summary

2009-A8596 - Sponsor Memo

2009-A8596 - Bill Text download pdf

2009-A8596A (ACTIVE) - Details

2009-A8596A (ACTIVE) - Summary

2009-A8596A (ACTIVE) - Sponsor Memo

2009-A8596A (ACTIVE) - Bill Text download pdf

Comments