S T A T E   O F   N E W   Y O R K
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                                  9440

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to the establishment of the airport  community  rede-
  velopment enterprise program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new article 48 to read as follows:
                                ARTICLE 48
           AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE PROGRAM
SECTION 48-0101. LEGISLATIVE FINDINGS AND INTENT.
        48-0103. DEFINITIONS.
        48-0105. DISTRIBUTION OF FUNDS.
        48-0107. COMMUNITY ENRICHMENT FUNCTIONS.
        48-0109. AIRPORT CATASTROPHE FUND DISTRIBUTION.
S 48-0101. LEGISLATIVE FINDINGS AND INTENT.
  THE  LEGISLATURE FINDS THAT AIR TRAVEL, PARTICULARLY TO AND FROM LARGE
AIRPORTS, IMPOSES COST ON RESIDENTS AND BUSINESSES IN SURROUNDING AREAS.
AIR TRAVEL INHERENTLY CREATES POLLUTION, NOISE, AND TRAFFIC  CONGESTION.
THEREFORE,  IT  IS  THE  INTENT OF THE LEGISLATURE TO HELP ALLEVIATE THE
INHERENT PROBLEMS BY CREATING THE AIRPORT COMMUNITY REDEVELOPMENT ENTER-
PRISE (ACRE) PROGRAM. THIS PROGRAM IS INTENDED TO IMPROVE  NEIGHBORHOODS
THAT  SERVE  LARGE VOLUME AIRPORTS AND THAT BEAR THE PROBLEMS CREATED BY
THE AIRPORTS.
S 48-0103. DEFINITIONS.
  FOR PURPOSES OF THIS ARTICLE,  THE  FOLLOWING  WORDS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "AIRPORT  ZONE"  SHALL MEAN THE APPROPRIATE AREA AROUND AN AIRPORT
SERVING AT LEAST 1.5 MILLION PASSENGERS  PER  YEAR,  CONSISTING  OF  ONE
PRIMARY TARGETED ZONE AND ONE SECONDARY TARGETED ZONE.
  2.  "AUXILIARY  ORGANIZATION"  SHALL  MEAN  POLICE  DEPARTMENTS,  FIRE
DEPARTMENTS, AMBULANCE SERVICES, AND ANY OTHER ORGANIZATION USED  PRIMA-
RILY AS A SERVICE FOR PUBLIC BENEFIT IN TARGETED ZONES.

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

                                                           LBD00537-02-2

A. 9440                             2

  3.  "PRIMARY  TARGETED  ZONE"  SHALL  MEAN THAT AREA WITHIN A TEN MILE
RADIUS OF AN AIRPORT.
  4.  "SECONDARY TARGETED ZONE" SHALL MEAN THAT AREA IN A RADIUS OF MORE
THAN TEN BUT LESS THAN TWENTY-FIVE MILES OF AN AIRPORT.
S 48-0105. DISTRIBUTION OF FUNDS.
  ALL MONEYS IN THE AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND,  AS
DEFINED  IN  SECTION  EIGHTY-NINE-H  OF  THE STATE FINANCE LAW, SHALL BE
DISTRIBUTED AS FOLLOWS:
  1. TWENTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL BE USED TO SUBSI-
DIZE AUXILIARY ORGANIZATIONS.
  2. FIVE PERCENT OF THE MONIES COLLECTED SHALL BE  TRANSFERRED  TO  THE
AIRPORT  CATASTROPHE  FUND,  AS  DEFINED IN SECTION EIGHTY-NINE-I OF THE
STATE FINANCE LAW.
  3. THIRTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL BE USED IN PRIMA-
RY TARGETED ZONES AND THIRTY-FIVE PERCENT OF THE MONIES COLLECTED  SHALL
BE USED IN SECONDARY TARGETED ZONES.
  4.  ALL  MONIES  DISTRIBUTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS
SECTION SHALL BE DISTRIBUTED EQUALLY AMONG ALL QUALIFYING AIRPORT ZONES.
S 48-0107. COMMUNITY ENRICHMENT FUNCTIONS.
  ALL MONIES  DISTRIBUTED  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION
48-0105 OF THIS ARTICLE SHALL BE USED TO ACCOMPLISH THE FOLLOWING TASKS:
  1.  PROVIDE  REAL  PROPERTY  TAX ABATEMENTS TO PROPERTY OWNERS LOCATED
WITHIN TARGETED ZONES.
  2. PROVIDE EDUCATIONAL AND TRAINING PROGRAMS TO BENEFIT THE MEMBERS OF
COMMUNITIES LOCATED WITHIN TARGETED ZONES.
  3. FUND PUBLIC WORKS PROJECTS WITHIN TARGETED  ZONES  TO  ENHANCE  THE
AESTHETIC BEAUTY OF THE COMMUNITIES WITHIN SUCH ZONES.
S 48-0109. AIRPORT CATASTROPHE FUND DISTRIBUTION.
  ALL  MONIES  DEPOSITED INTO THE AIRPORT CATASTROPHE FUND SHALL BE USED
FOR VICTIM COMPENSATION AND  REHABILITATION  OF  AREAS  AFFECTED  BY  AN
AIRPORT DISASTER.
  S  2. The state finance law is amended by adding two new sections 89-h
and 89-i to read as follows:
  S 89-H. AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND.  1. THERE  IS
HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
AND FINANCE AND THE COMPTROLLER, A SPECIAL  FUND  TO  BE  KNOWN  AS  THE
"AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE PURSU-
ANT TO SECTION THREE HUNDRED ONE-E OF THE TAX LAW.
  3. MONEYS IN THE AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND SHALL
BE KEPT SEPARATE AND APART AND SHALL NOT BE COMMINGLED  WITH  ANY  OTHER
MONEYS IN THE CUSTODY OF THE COMPTROLLER.
  4.  THE  MONEYS  IN  SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES
SPELLED OUT IN ARTICLE FORTY-EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW.
  5.  IF  A  CITY RECEIVING MONEY PURSUANT TO ARTICLE FORTY-EIGHT OF THE
ENVIRONMENTAL CONSERVATION LAW FAILS TO MEET ITS OBLIGATIONS  OR  SPENDS
SUCH  FUNDS  IN  A  MANNER INCONSISTENT WITH THE PROVISIONS SET FORTH IN
SUCH ARTICLE, THEN THE COMPTROLLER IS AUTHORIZED TO WITHHOLD  ANY  ADDI-
TIONAL MONIES TO SUCH CITY.
  S  89-I.  AIRPORT  CATASTROPHE FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
COMPTROLLER,  A  SPECIAL  FUND  TO  BE KNOWN AS THE "AIRPORT CATASTROPHE
FUND".

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  2. SUCH FUND SHALL CONSIST OF ALL  MONEYS  TRANSFERRED  BY  THE  STATE
PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION 48-0105 OF THE ENVIRONMENTAL
CONSERVATION LAW.
  3.  MONEYS  IN THE AIRPORT CATASTROPHE FUND SHALL BE KEPT SEPARATE AND
APART AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN  THE  CUSTODY
OF THE COMPTROLLER.
  4.  THE  MONEYS  IN  SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES
SPELLED OUT IN SECTION 48-0109 OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 3. This act shall take effect immediately and  shall  apply  to  any
taxes imposed on or after April 1, 2012.