NY State Senate Bill 2011-S7864

Senate Bill S7864

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2012	referred to rules

2011-S7864 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Port Authority of New York and New Jersey
Laws Affected:: Add Art 15-B, §1 of Chap 154 of 1921
Versions Introduced in 2013-2014 Legislative Session:: S689

2011-S7864 (ACTIVE) - Summary

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

2011-S7864 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7864

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 regard-
ing aircraft noise issues.

SUMMARY OF PROVISIONS:
Section one amends chapter 154 of the laws of 1921 by adding a new arti-
cle  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, 2013.
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  Interna-
tional and LaGuardia Airports.

In  addition,  over the past several years the Federal Aviation Adminis-
tration ("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  advance-
ments under the NextGen Program. While the increase in flights, improve-
ments  in  flight  plans  and navigational technology has provided addi-
tional 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 Inter-
national  Airports.  However, no such studies have been conducted by the
PANYNJ. Further, FAA and/or PANYNJ funding maybe available for  conduct-
ing  such  a study as well as noise abatement efforts that may be recom-
mended 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, church-
es, 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:
New Bill.

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.

2011-S7864 (ACTIVE) - Bill Text download pdf

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

                                  7864

                            I N  S E N A T E

                            October 26, 2012
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
THIRTEEN.
  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.

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

                                                           LBD16597-01-2

S. 7864                             2

  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.