senate Bill S7493A

2021-2022 Legislative Session

Allows for compensation for noise pollution by rotorcraft; relates to the use of certain heliports

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 returned to senate
passed assembly
ordered to third reading rules cal.698
substituted for a8473a
Jun 01, 2022 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1772
committee discharged and committed to rules
May 10, 2022 print number 7493a
May 10, 2022 amend (t) and recommit to judiciary
Jan 05, 2022 referred to judiciary
Oct 29, 2021 referred to rules

Co-Sponsors

view additional co-sponsors

S7493 - Details

See Assembly Version of this Bill:
A8473
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L; amd §§3 & 7, Chap 592 of 1998

S7493 - Summary

Allows a person who has 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 noise at ground level to have a right of action against a person who caused or contributed to the use of such rotorcraft in such manner; relates to the use of certain heliports in the city of New York.

S7493 - Sponsor Memo

S7493 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7493
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 29, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general obligations law, in relation to allowing for
   compensation for noise pollution by rotorcraft; 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;  and
   to  amend  the  New  York city charter, in relation to the granting of
   certain franchises, consents and concessions relating to  the  use  of
   certain heliports
 
   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) A PERSON SHALL NOT BE LIABLE UNDER THIS SECTION IF THE  USE  OF
 THE ROTORCRAFT IN SUCH A MANNER WAS NECESSARY FOR PURPOSES OF HEAVY-LIFT
 OPERATIONS  IN SUPPORT OF CONSTRUCTION AND INFRASTRUCTURE MAINTENANCE OR
 PURPOSES OF PUBLIC HEALTH AND SAFETY, INCLUDING LAW  ENFORCEMENT,  EMER-
 GENCY  RESPONSE,  DISASTER  RESPONSE, THE PROVISION OF MEDICAL SERVICES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13474-02-1

Co-Sponsors

view additional co-sponsors

S7493A (ACTIVE) - Details

See Assembly Version of this Bill:
A8473
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L; amd §§3 & 7, Chap 592 of 1998

S7493A (ACTIVE) - Summary

Allows a person who has 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 noise at ground level to have a right of action against a person who caused or contributed to the use of such rotorcraft in such manner; relates to the use of certain heliports in the city of New York.

S7493A (ACTIVE) - Sponsor Memo

S7493A (ACTIVE) - Bill Text download pdf

 
                     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

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