senate Bill S689

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to corporations, authorities and commissions
Jan 09, 2013 referred to corporations, authorities and commissions

S689 - Bill Details

Current Committee:
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Add Art 15-B, ยง1 of Chap 154 of 1921
Versions Introduced in 2011-2012 Legislative Session:
S7864

S689 - Bill Texts

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

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BILL NUMBER:S689

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 regarding aircraft noise issues.

SUMMARY OF PROVISIONS:
Section one amends chapter 154 of the laws of 1921 by adding a new
article 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, 2014. 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
International and LaGuardia Airports.

In addition, over the past several years the Federal Aviation
Administration ("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 advancements under the NextGen Program. While the
increase in flights, improvements in flight plans and navigational
technology has provided additional 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 International Airports. However, no such studies
have been conducted by the PANYNJ. Further, FAA and/or PANYNJ funding
maybe available for conducting such a study as well as noise
abatement efforts that may be recommended 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, churches, 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:
2011: S.7864

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.

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

                                   689

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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
FOURTEEN.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03425-01-3

S. 689                              2

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.
  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.

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