Assembly Bill A6311

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6311
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred 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 98-c to read as follows:
   §  98-C. 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 211 of the laws of 2024, is amended to read as follows:
   (v) a non-tourism/non-recreation heliport for [commercial and emergen-
 cy] PERMITTED transportation use;
   § 3. Subdivision (j) of section 3 of chapter 592 of the laws of  1998,
 constituting the Hudson river park act, as amended by chapter 211 of the
 laws of 2024, 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.
                                                            LBD03903-01-5
              

 A. 6311                             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 piers 57 and 76; 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 211 of the laws of 2024, 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.  The  opening paragraph of subparagraph (ii) of paragraph (i) of
 subdivision 9 of section 7 of chapter 592 of the laws of  1998,  consti-
 tuting  the Hudson river park act, as amended by chapter 211 of the laws
 of 2024, is amended to read as follows:
   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 or  fixed  barge  in  the  Hudson  River
 located  between [west] WEST 29th and [west] WEST 32nd streets (referred
 to in this paragraph as "the site") provided that the landing and  take-
 off  area located east of the bulkhead may continue to operate until the
 landing and takeoff area west of the bulkhead is  completed  and  opera-
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 tional.  If  the  trust  initiates a request for proposals relating to a
 heliport, the trust shall meet the following requirements:
   §  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.
   §  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.