S T A T E O F N E W Y O R K
________________________________________________________________________
2075
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
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 COSTS 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 REDE-
VELOPMENT ENTERPRISE (ACRE) PROGRAM. THIS PROGRAM IS INTENDED TO IMPROVE
NEIGHBORHOODS THAT SERVE LARGE VOLUME AIRPORTS AND THAT BEAR THE PROB-
LEMS CREATED BY THE AIRPORTS.
S 48-0103. DEFINITIONS.
FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING WORDS SHALL HAVE THE
FOLLOWING MEANINGS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00027-01-3
A. 2075 2
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.
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.
A. 2075 3
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".
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, 2013.