The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7493--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 29, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BRISPORT,  CLEARE,  GIANARIS,  JACKSON,
   KAVANAGH, KRUEGER, MYRIE, PALUMBO, RAMOS --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general obligations law, in relation to allowing for
   compensation  for  noise pollution by rotorcraft; and to amend chapter
   592 of the laws of 1998, constituting the Hudson river  park  act,  in
   relation to the use of certain heliports in the city of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 11-108 to read as follows:
   §  11-108.  COMPENSATION FOR NOISE POLLUTION BY ROTORCRAFT. 1. FOR THE
 PURPOSES OF THIS SECTION, "ROTORCRAFT" MEANS AN AIRCRAFT WHOSE  LIFT  IS
 DERIVED PRINCIPALLY FROM ROTATING AIRFOILS, INCLUDING BUT NOT LIMITED TO
 A HELICOPTER.
   2.  ANY  PERSON  WHO SHALL HAVE SUFFERED INTERFERENCE WITH THE USE AND
 ENJOYMENT OF PRIVATE PROPERTY OR PUBLIC PARKLAND BY A ROTORCRAFT USED IN
 A MANNER THAT CREATES AN UNREASONABLE LEVEL OF SUSTAINED NOISE AT GROUND
 LEVEL, INCLUDING THE INTERIOR, BALCONY,  OR  OTHER  OUTDOOR  AREA  OF  A
 BUILDING,  SHALL  HAVE  A  RIGHT  OF ACTION AGAINST ANY PERSON, EXCEPT A
 PASSENGER WITH NO CONTROL OF THE OPERATION OF THE ROTORCRAFT OTHER  THAN
 THE  SELECTION  OF  A  PRE-DESIGNATED  ROUTE,  WHO  SHALL HAVE CAUSED OR
 CONTRIBUTED TO THE USE OF SUCH ROTORCRAFT IN SUCH MANNER.
   3. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
   4. A PERSON SHALL NOT BE LIABLE UNDER THIS SECTION IF THE USE  OF  THE
 ROTORCRAFT IN SUCH A MANNER WAS:
   (A)  FOR  PURPOSES OF HEAVY-LIFT OPERATIONS IN SUPPORT OF CONSTRUCTION
 AND INFRASTRUCTURE MAINTENANCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13474-03-2

 S. 7493--A                          2
 
   (B) FOR PURPOSES OF PUBLIC HEALTH AND SAFETY, INCLUDING  LAW  ENFORCE-
 MENT,  EMERGENCY  RESPONSE,  DISASTER RESPONSE, THE PROVISION OF MEDICAL
 SERVICES, AND PROVIDING OTHER SERVICES;
   (C)  FOR  THE BENEFIT OF THE GENERAL PUBLIC, INCLUDING FLIGHTS CARRIED
 OUT FOR RESEARCH OR FOR OFFICIAL PURPOSES BY A NEWS ORGANIZATION; OR
   (D) CONSISTENT WITH UNITED STATES  DEPARTMENT  OF  TRANSPORTATION  AND
 FEDERAL  AVIATION  ADMINISTRATION  RULES  AND  REGULATIONS AND ON ROUTES
 APPROVED BY THE FEDERAL AVIATION ADMINISTRATION, UNLESS THE USE OF  SUCH
 ROTORCRAFT  WAS  FOR  THE  PRIMARY PURPOSE OF (I) CONDUCTING SIGHTSEEING
 TOURS OVER NEW YORK CITY IF THE ROTORCRAFT  DEPARTED  FROM  OUTSIDE  NEW
 YORK  CITY  OR  WAS  INCONSISTENT WITH RULES, REGULATIONS, STIPULATIONS,
 HOURS AND ROUTES APPROVED, DESIGNATED OR AGREED TO BY THE NEW YORK  CITY
 ECONOMIC   DEVELOPMENT  CORPORATION,  OR  (II)  CONDUCTING  PHOTOGRAPHY,
 VIDEOGRAPHY OR SIMILAR PRODUCTION ACTIVITIES OVER NEW YORK CITY IF  SUCH
 ROTORCRAFT  WAS  NOT  OPERATED ON BEHALF OF A LICENSED FILM, TELEVISION,
 PHOTOGRAPHY OR PRODUCTION COMPANY.
   5. A PERSON FOUND LIABLE UNDER THIS SECTION  SHALL  BE  LIABLE  FOR  A
 PENALTY  OF  NOT  LESS  THAN  ONE THOUSAND DOLLARS AND NOT MORE THAN TEN
 THOUSAND DOLLARS FOR EACH DAY THE  ROTORCRAFT  CREATES  AN  UNREASONABLE
 LEVEL  OF  NOISE  AT  GROUND  LEVEL, INCLUDING THE INTERIOR, BALCONY, OR
 OTHER OUTDOOR AREA OF A BUILDING.
   6. THE ATTORNEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
 YORK, OR A CITY CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY BRING
 AN ACTION TO ENJOIN AND RESTRAIN  VIOLATIONS  OF  THIS  SECTION  AND  TO
 OBTAIN RESTITUTION AND DAMAGES.
   §  2.  Paragraph (v) of subdivision (g) of section 3 of chapter 592 of
 the laws of 1998, constituting the Hudson river park act, as amended  by
 chapter 517 of the laws of 2013, is amended to read as follows:
   (v) a non-tourism/non-recreation heliport for [commercial and emergen-
 cy] PERMITTED transportation use; and
   §  3. Subdivision (j) of section 3 of chapter 592 of the laws of 1998,
 constituting the Hudson river park act, as amended by chapter 517 of the
 laws of 2013, is amended to read as follows:
   (j) "Prohibited use" means any of the following uses:
   (i) residential;
   (ii) manufacturing, except in furtherance of and  incidental  to  park
 uses, provided that small scale creation of artisan foods or other craft
 products shall not be considered manufacturing;
   (iii) warehousing;
   (iv) hotel;
   (v) incompatible governmental uses;
   (vi)  casino  and riverboat gambling, and the docking of vessels to be
 used substantially for gambling or for transportation to such a vessel;
   (vii) any facility for motorized aircraft, including a heliport except
 a heliport which is defined as a park/commercial use, PROVIDED  THE  USE
 OF  ANY HELIPORT IN THE PARK BY ANY OPERATOR, INDIVIDUAL, BUSINESS ENTI-
 TY, ORGANIZATION OR ASSOCIATION, OR ANY MEMBER,  PARENT,  SUBSIDIARY  OR
 AFFILIATE  THEREOF,  THAT  CONDUCTS  OR ARRANGES PROHIBITED FLIGHT OPER-
 ATIONS, WHETHER OR NOT ORIGINATING FROM A HELIPORT IN THE PARK, SHALL BE
 PROHIBITED;
   (viii) commercial office, except office space that is incidental to  a
 permitted  use,  and  further  provided  that such prohibition shall not
 apply to pier 57; and
   (ix) other uses determined by the trust to be  incompatible  with  the
 purposes of this act.
 S. 7493--A                          3
 
   §  4.  Section  3 of chapter 592 of the laws of 1998, constituting the
 Hudson river park act, is amended by adding two new subdivisions (o) and
 (p) to read as follows:
   (O) "PERMITTED TRANSPORTATION USE" MEANS AIR TRANSPORTATION OTHER THAN
 PROHIBITED FLIGHT OPERATIONS:
   (I)  FOR  PURPOSES OF HEAVY-LIFT OPERATIONS IN SUPPORT OF CONSTRUCTION
 AND INFRASTRUCTURE MAINTENANCE;
   (II) FOR PURPOSES OF PUBLIC HEALTH AND SAFETY, INCLUDING LAW  ENFORCE-
 MENT,  EMERGENCY  RESPONSE,  DISASTER  RESPONSE,  AND  THE  PROVISION OF
 MEDICAL SERVICES;
   (III) FOR THE BENEFIT OF THE GENERAL PUBLIC, INCLUDING FLIGHTS CARRIED
 OUT FOR RESEARCH OR OFFICIAL PURPOSES BY A NEWS ORGANIZATION; OR
   (IV) OPERATED IN ACCORDANCE WITH UNITED STATES DEPARTMENT OF TRANSPOR-
 TATION AND FEDERAL AVIATION ADMINISTRATION RULES AND REGULATIONS AND  ON
 ROUTES APPROVED BY THE FEDERAL AVIATION ADMINISTRATION.
   (P) "PROHIBITED FLIGHT OPERATIONS" MEANS HELICOPTER AIR TRANSPORTATION
 OPERATED FOR THE PRIMARY PURPOSE OF:
   (I)  CONDUCTING SIGHTSEEING TOURS OVER NEW YORK CITY, IF SUCH HELICOP-
 TER AIR TRANSPORTATION DEPARTS FROM OUTSIDE NEW  YORK  CITY  OR  IS  NOT
 OPERATED  IN ACCORDANCE WITH RULES, REGULATIONS, STIPULATIONS, HOURS AND
 ROUTES APPROVED, DESIGNATED OR AGREED TO BY THE NEW YORK  CITY  ECONOMIC
 DEVELOPMENT CORPORATION; OR
   (II)  CONDUCTING PHOTOGRAPHY, VIDEOGRAPHY OR SIMILAR PRODUCTION ACTIV-
 ITIES OVER NEW YORK CITY, IF SUCH HELICOPTER AIR TRANSPORTATION  IS  NOT
 OPERATED  ON  BEHALF  OF  A  LICENSED  FILM,  TELEVISION, PHOTOGRAPHY OR
 PRODUCTION COMPANY.
   § 5. Paragraph (v) of subdivision (m) of section 3 of chapter  592  of
 the  laws of 1998, constituting the Hudson river park act, as amended by
 chapter 517 of the laws of 2013, is amended to read as follows:
   (v) the development, operation and maintenance of  a  non-tourism/non-
 recreational  heliport  FOR PERMITTED TRANSPORTATION USE located between
 [west] WEST 29th and [west] WEST 32nd streets provided  (A)  that  there
 shall  be  no  structures  other than the helicopter take-off or landing
 pads built on floating structures;  and  (B)  such  floating  structures
 shall be no higher than a pier deck at low tide; and
   §  6. Subparagraph (ii) of paragraph (i) of subdivision 9 of section 7
 of chapter 592 of the laws of 1998, constituting the Hudson  river  park
 act,  as added by chapter 517 of the laws of 2013, is amended to read as
 follows:
   (ii) a one story heliport terminal building, fuel tank  structure  and
 five  accessory parking spaces used in connection with a water dependent
 non-tourism/non-recreational heliport FOR PERMITTED  TRANSPORTATION  USE
 to  be  located on a floating structure located between [west] WEST 29th
 and [west] WEST 32nd streets provided that the landing and takeoff  area
 located  east  of the bulkhead may continue to operate until the landing
 and takeoff area west of the bulkhead is completed and operational; or
   § 7. Subdivision 13 of section 7 of chapter 592 of the laws  of  1998,
 constituting the Hudson river park act, is amended to read as follows:
   13.  At  all  times, the trust shall take all reasonable and necessary
 steps to prevent and eliminate prohibited uses in the park,  subject  to
 the  exceptions  contained  in  this act, INCLUDING, WITHOUT LIMITATION,
 PROHIBITING ANY OPERATOR, INDIVIDUAL, BUSINESS ENTITY,  ORGANIZATION  OR
 ASSOCIATION, OR ANY MEMBER, PARENT, SUBSIDIARY OR AFFILIATE THEREOF, WHO
 CONDUCTS OR ARRANGES PROHIBITED FLIGHT OPERATIONS, WHETHER OR NOT ORIGI-
 NATING  FROM  A HELIPORT IN THE PARK, FROM ACCESSING ANY HELIPORT IN THE
 PARK.
 S. 7493--A                          4

   § 8. This  act shall take effect on the thirtieth day after  it  shall
 have become a law; provided that uses permitted under any lease, permit,
 license,  or  other instrument in effect upon the effective date of this
 act that would be prohibited upon the enactment of sections two,  three,
 four,  five, six and seven of this act may continue only pursuant to the
 terms of the instrument and only for the term thereof or pursuant to any
 extension according to the terms thereof if, but only if, the option  to
 extend  is exercised solely by and is a contractual right of the lessee,
 permittee, licensee or other contractual user.