assembly Bill A8473

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 Via S7493 - 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 03, 2022 substituted by s7493a
rules report cal.698
reported
Jun 02, 2022 reported referred to rules
reference changed to ways and means
May 12, 2022 print number 8473a
May 12, 2022 amend (t) and recommit to judiciary
Jan 05, 2022 referred to judiciary
Nov 17, 2021 referred to judiciary

Co-Sponsors

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A8473 - Details

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

A8473 - 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.

A8473 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8473
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Judiciary
 
 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

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A8473A (ACTIVE) - Details

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

A8473A (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.

A8473A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8473--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, SIMON, THIELE, L. ROSENTHAL, GLICK,
   MAMDANI, MITAYNES -- read once and referred to the Committee on  Judi-
   ciary  -- recommitted to the Committee on Judiciary in accordance with
   Assembly Rule 3, sec. 2 -- 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.
                                                            LBD13474-04-2
 A. 8473--A                          2