Senate Bill S6243

2011-2012 Legislative Session

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

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2012	print number 6243a
Apr 04, 2012	amend (t) and recommit to local government
Jan 17, 2012	referred to local government

Bill Amendments

Original

A (Active)

2011-S6243 - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3436
2013-2014: S495

2011-S6243 - Summary

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

2011-S6243 - Sponsor Memo

                                BILL NUMBER:S6243

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 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, 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.

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.

2011-S6243 - Bill Text download pdf

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

                                  6243

                            I N  S E N A T E

                            January 17, 2012
                               ___________

Introduced  by Sen. STAVISKY -- 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 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
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

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

                                                           LBD05537-01-1

S. 6243                             2

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.

co-Sponsors

2011-S6243A (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §355, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3436
2013-2014: S495

2011-S6243A (ACTIVE) - Summary

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

2011-S6243A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6243A               REVISED 04/04/12

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, 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.

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.

2011-S6243A (ACTIVE) - Bill Text download pdf

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

                                 6243--A

                            I N  S E N A T E

                            January 17, 2012
                               ___________

Introduced  by Sen. 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

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-
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.

                                                           LBD05537-03-2

S. 6243--A                          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 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.

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Senate Bill S6243

Sponsored By

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

Actions

Bill Amendments

2011-S6243 - Details

2011-S6243 - Summary

2011-S6243 - Sponsor Memo

2011-S6243 - Bill Text download pdf

co-Sponsors

2011-S6243A (ACTIVE) - Details

2011-S6243A (ACTIVE) - Summary

2011-S6243A (ACTIVE) - Sponsor Memo

2011-S6243A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Toby Ann Stavisky

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

Actions

Bill Amendments

2011-S6243 - Details

2011-S6243 - Summary

2011-S6243 - Sponsor Memo

2011-S6243 - Bill Text download pdf

co-Sponsors

Liz Krueger

2011-S6243A (ACTIVE) - Details

2011-S6243A (ACTIVE) - Summary

2011-S6243A (ACTIVE) - Sponsor Memo

2011-S6243A (ACTIVE) - Bill Text download pdf

Comments