The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6109
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general municipal law, in relation  to  restrictions
   on  certain  flight  operations  at municipal facilities; 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  municipal  law is amended by adding a new
 section 99-z to read as follows:
   § 99-Z. RESTRICTION ON CERTAIN FLIGHT OPERATIONS AT MUNICIPAL  FACILI-
 TIES.  NO  MUNICIPAL  CORPORATION SHALL PERMIT THE USE OF PUBLICLY OWNED
 LAND FOR HELICOPTER AIR TRANSPORTATION OPERATED FOR THE PRIMARY  PURPOSE
 OF CONDUCTING SIGHTSEEING TOURS OVER NEW YORK CITY OR CONDUCTING PHOTOG-
 RAPHY, VIDEOGRAPHY, OR SIMILAR PRODUCTION ACTIVITIES OVER NEW YORK CITY.
   §  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10422-01-3

 S. 6109                             2
 
   (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.
   §  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 CONDUCTING  SIGHTSEEING  TOURS  OVER
 NEW   YORK  CITY  OR  CONDUCTING  PHOTOGRAPHY,  VIDEOGRAPHY  OR  SIMILAR
 PRODUCTION ACTIVITIES OVER NEW YORK CITY.
   § 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:
 S. 6109                             3
 
   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.
   § 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 this act may continue
 only pursuant to the terms of the instrument and only for the term ther-
 eof 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 contractu-
 al right of the lessee, permittee, licensee or other contractual user.