S T A T E O F N E W Y O R K
________________________________________________________________________
10919
I N A S S E M B L Y
April 8, 2026
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Corporations, Authorities and Commissions
AN ACT in relation to requiring the port authority of New York and New
Jersey to regularly update airport noise exposure maps for airports
under its jurisdiction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "airport community noise accountability act".
§ 2. Legislative findings and intent. The legislature finds and
declares that:
1. Excessive and sustained aircraft noise has a direct impact on the
quality of life, health, and economic vitality of residents, businesses,
schools, and nonprofit institutions located in the communities surround-
ing airports operated by the port authority of New York and New Jersey.
2. The port authority's major commercial and general aviation
airports, including John F. Kennedy International Airport (JFK), LaGuar-
dia Airport (LGA), Newark Liberty International Airport (EWR), Stewart
International Airport and Teterboro Airport (TEB), are located in some
of the most densely populated and economically vital regions of the
state, where aircraft operations have substantial and ongoing effects on
surrounding communities.
3. Accurate and up-to-date noise exposure maps, developed pursuant to
49 United States Code section 47503 and 14 Code of Federal Regulations
Part 150, are essential tools for identifying where aircraft noise is
imposing adverse impacts, determining eligibility for federal noise
mitigation resources, and guiding operational adjustments that can
reduce community exposure.
4. Many of the port authority's noise exposure maps are outdated and
no longer accurately reflect actual aircraft operations or the current
distribution of flight activity, particularly since changes in runway
usage and approach patterns have occurred following the COVID-19 pandem-
ic.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14331-01-6
A. 10919 2
5. In 2022, the port authority, within its noise compatibility program
reports for JFK, LGA, EWR, and TEB, stated that it "anticipates updating
the noise exposure maps when operations at JFK, LGA, EWR, TEB stabilize
as the aviation sector continues to recover from the COVID-19 pandemic".
Aviation operations have stabilized but the port authority has not
updated the applicable noise exposure maps as promised.
6. Communities located beneath flight paths at low altitudes, includ-
ing residential neighborhoods, commercial corridors, schools, houses of
worship, and public parks, experience persistent aircraft noise levels
exceeding acceptable thresholds.
7. In 2022, with its noise compatibility program report for JFK, LGA
and EWR, the port authority proposed the implementation of "optimized
profile descent procedures" (OPD) at night. The port authority found "an
OPD is an arrival procedure that optimizes noise and air emissions
reduction by minimizing changes in thrust by using a favorable initial
flight path angle and strategic management of flaps and landing gear.
Aircraft on an OPD are generally configured with flaps and landing gear,
airspeed, and approach angle prior to five miles from the runway, mostly
benefitting areas beyond the limit of the DNL 65 contour. Because of the
busy and complex nature of the region's airspace as a whole, aircraft
are typically directed by air traffic controllers to hold at a constant
altitude for extended periods. OPDs are being recommended only during
nighttime hours, given that the airspace is much less busy during the
nighttime. The port authority is recommending JFK, LGA, EWR noise abate-
ment measures because it may be an effective way to reduce noise expo-
sure in residential areas under the arrival flight path upon approach".
8. The port authority proposed OPD procedures as a noise mitigation
measure expressly state that the measure would benefit properties
located outside of the 65 db DNL contour on the noise exposure map. In
2023, the Federal Aviation Administration, due to that statement and
submitted documentation, rejected the port authority's proposal on
procedural grounds because "documentation provided in support of this
measure by the port authority states that this measure would not benefit
non-compatible land use within the 65 db DNL contour" and invited port
authority to further pursue "implementation of this measure outside of
the Part 150 context".
9. It is therefore the intent of the legislature to ensure that the
port authority regularly updates its noise exposure maps to reflect
current flight operations and to provide transparency, accountability,
and relief to affected communities.
§ 3. Noise exposure map updates by the port authority of New York and
New Jersey. 1. Definitions. For the purposes of this section, the
following terms shall have the following meanings:
(a) "Covered airport" shall mean any airport owned, operated, or
controlled in whole or in part by the port authority, including but not
limited to John F. Kennedy International Airport, LaGuardia Airport,
Newark Liberty International Airport, Stewart International Airport and
Teterboro Airport.
(b) "Noise exposure map" shall mean a map depicting day-night average
sound level (DNL) (or such other applicable noise metric as subsequently
adopted or relied upon by the Federal Aviation Administration (FAA))
noise contours prepared in accordance with 49 U.S.C. § 47503 and 14
C.F.R. Part 150 and/or other applicable law using FAA-approved modeling
tools and incorporating community noise measurements where available.
(c) "Port authority" shall mean the port authority of New York and New
Jersey.
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2. Periodic updates required. The port authority shall prepare and
submit to the FAA updated noise exposure maps for each covered airport
at least once every three years.
3. Interim updates. The port authority shall prepare and submit an
updated noise exposure map within twelve months of any of the following
occurrences:
(a) a sustained change of ten percent or more in the use of any runway
or flight path for a period of twelve consecutive months; or
(b) a cumulative increase of twenty percent or more in community
aircraft noise complaints for any airport in a calendar year; or
(c) a change in airport operations resulting in a substantial new
noncompatible use as defined by 49 U.S.C. § 47503(b).
4. Public participation and transparency. (a) The port authority shall
hold at least two public hearings within the census tracts most affected
by revised contours prior to the submission of any updated noise expo-
sure map to the FAA.
(b) Not less than sixty days prior to such hearings, the port authori-
ty shall make all draft noise exposure maps publicly available on its
website and shall provide notice to affected municipalities, school
districts, and community boards, including notice in the languages most
commonly spoken within such census tracts.
(c) The port authority shall prepare and publish a written summary of
public comments received and its responses thereto on its website.
(d) The port authority shall publish on its website all raw data
obtained from all noise monitoring stations associated with covered
airports so that such data is publicly accessible on the website from
publication for a period of three years. The port authority shall ensure
that such raw noise data is uploaded to its website and publicly acces-
sible on a monthly basis and within forty-five days of the conclusion of
each month.
5. Reporting to the legislature. (a) Upon completion of each noise
exposure map update, the port authority shall submit a report to the
governor, the temporary president of the senate, the minority leader of
the senate, the speaker of the assembly, the minority leader of the
assembly, and the chairs and ranking minority members of the senate and
assembly committees on corporations, authorities and commissions, and
shall simultaneously publish such report on its website.
(b) Such report shall include:
(i) a summary of all changes in flight operations and corresponding
noise contours;
(ii) a list of census tracts and community facilities newly qualifying
for federal or state noise mitigation assistance;
(iii) a certification by the executive director of the port authority
attesting to compliance with the requirements of this section; and
(iv) a comparison to previous noise exposure maps indicating increases
or decreases in noncompatible land uses.
6. Optimized profile descent documents. Within 180 days of the effec-
tive date of this act, the port authority shall formally propose with
all supporting documents required under law to the FAA the implementa-
tion of optimized profile descent (OPD) as the primary arrival procedure
to covered airports during the hours of 10:00 pm to 7:00 am: (i) pursu-
ant to 14 C.F.R. Part 150 (Part 150), expressly stating that such proce-
dure will benefit the properties within the existing contour showing 65
db DNL or the other applicable noise metric adopted by FAA, shown on the
existing noise exposure map for each airport, and (ii) outside of the
context of Part 150, to benefit the properties outside of the existing
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contour showing 65 db DNL. To the extent the contour showing the 65 db
DNL, or the other applicable noise metric adopted by FAA, expands on any
noise exposure map as a result of an update thereof, the port authority
shall make the same formal proposal to FAA within one hundred eighty
days of such update.
7. Optimized profile descent manual requirements. Within one hundred
eighty days of the effective date of this act, the port authority shall
add to its Fly Quiet Program Technical Manual applicable to covered
airports, a new section titled "Nighttime Request to Implement Optimized
Profile Descent" and such section shall state that "for arrivals between
the hours of 11:00 pm to 7:00 am, a pilot should request that air traf-
fic control directs such arrival be via an OPD or glideslope landing
procedure approved by FAA".
8. Noncompliance. If the port authority fails to complete an update
required by this section within the prescribed timeframe, the executive
director shall submit written notification to the legislature explaining
the reasons for delay and providing a corrective action schedule.
9. Non-preemption. Nothing in this section shall be construed to regu-
late aircraft routing, operations, or safety, nor to conflict with
federal law or the terms of the bi-state compact.
§ 4. This act shall take effect immediately, provided, however, that
this act shall take effect only upon the enactment by the state of New
Jersey of legislation having an identical effect, and upon certification
by the governor that such legislation has been enacted, and the first
updated noise exposure maps required by this act shall be completed and
submitted no later than December 31, 2026, using flight operations data
from calendar year 2024.