NY State Senate Bill 2009-S3436

Senate Bill S3436

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Jun 04, 2009	print number 3436b
Jun 04, 2009	amend (t) and recommit to local government
Apr 01, 2009	print number 3436a
Apr 01, 2009	amend and recommit to local government
Mar 19, 2009	referred to local government

Bill Amendments

Original

B (Active)

2009-S3436 - Details

Current Committee:: Senate Local Government
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6243
2013-2014: S495

2009-S3436 - Summary

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

2009-S3436 - Sponsor Memo

                                 BILL NUMBER:  S3436

 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 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.

 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,
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 poorly
drained locations, detention/retention ponds, roosting habitats on
buildings, 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 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-S3436 - Bill Text download pdf

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

                                  3436

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

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.
                                                           LBD10141-02-9

S. 3436                             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, TO THE GREATEST
EXTENT PRACTICABLE, LIMIT THE PRESENCE 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 STRUCTURES AND AREAS OF LAND THAT ATTRACT WILDLIFE AND INCREASE THE
LIKELIHOOD OF  CONFLICT  AND  STRIKES  BETWEEN  WILDLIFE  AND  AIRCRAFT.
HAZARDOUS  WILDLIFE  ATTRACTANTS  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
FAST FOOD RESTAURANTS, TAXICAB STAGING  AREAS,  RENTAL  CAR  FACILITIES,
AIRCRAFT  VIEWING  AREAS,  PUBLIC  PARKS, LAND AREAS WITH POOR DRAINAGE,
DETENTION AND RETENTION PONDS, BUILDINGS AND LANDSCAPING  WHICH  PROVIDE
ROOSTING  HABITATS  FOR  WILDLIFE,  AREAS  CONTAINING PUTRESCIBLE WASTE,
DISPOSAL  OPERATIONS,  WASTE  TRANSFER  STATIONS,  WASTEWATER  TREATMENT
PLANTS,  AGRICULTURE  AND  AQUACULTURE  ACTIVITIES,  SURFACE MINING, AND
WETLANDS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2009-S3436A - Details

Current Committee:: Senate Local Government
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6243
2013-2014: S495

2009-S3436A - Summary

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

2009-S3436A - Sponsor Memo

                                 BILL NUMBER:  S3436A

 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,
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 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 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-S3436A - Bill Text download pdf

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

                                 3436--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-03-9

S. 3436--A                          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 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.

co-Sponsors

View additional co-sponsors

2009-S3436B (ACTIVE) - Details

Current Committee:: Senate Local Government
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6243
2013-2014: S495

2009-S3436B (ACTIVE) - Summary

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

2009-S3436B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3436B

 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-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,
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 (ADA). 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, 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-S3436B (ACTIVE) - Bill Text download pdf

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

                                 3436--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by Sens. MONSERRATE, ADAMS, DIAZ, HASSELL-THOMPSON, C. JOHN-
  SON, MAZIARZ, MONTGOMERY, ONORATO, OPPENHEIMER, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Local Government -- committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-07-9

S. 3436--B                          2

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  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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Senate Bill S3436

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2009-S3436 - Details

2009-S3436 - Summary

2009-S3436 - Sponsor Memo

2009-S3436 - Bill Text download pdf

co-Sponsors

2009-S3436A - Details

2009-S3436A - Summary

2009-S3436A - Sponsor Memo

2009-S3436A - Bill Text download pdf

co-Sponsors

2009-S3436B (ACTIVE) - Details

2009-S3436B (ACTIVE) - Summary

2009-S3436B (ACTIVE) - Sponsor Memo

2009-S3436B (ACTIVE) - Bill Text download pdf

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