Section 400. Air transportation facilities and services at Stewart and Republic airports

1. In order to meet present and  future  state  needs
  with  respect  to  the  provision  of  adequate,  safe and efficient air
  transportation facilities and services to the public, and to promote the
  economic  development  and  well-being  of  the  state,  the   planning,
  development,  maintenance  and operation of such facilities and services
  at Stewart and Republic airports may be carried out  by  the  department
  and the commissioner in accordance with the provisions of this article.
    2. The following terms, as used in this article shall mean:
    (a)   "Air   transportation   facilities"   shall  mean  aircraft  and
  developments such as airports, air terminals, runways, hangars,  control
  towers,   ramps,   taxiways,   aprons,  wharves,  bulkheads,  buildings,
  structures, equipment, parking areas, improvements, facilities  and  any
  real  property necessary, convenient or desirable for or relating to the
  landing, taking off, accommodation and servicing of aircraft, or for the
  loading, unloading, interchange or transfer of  passengers,  baggage  or
  cargo,  or  otherwise  for  the  accommodation,  use  or  convenience of
  passengers, carriers, crews and employees. It shall also mean facilities
  providing access to  airports  or  air  terminals,  including  highways,
  access  roads,  driveways  and  appurtenances,  devices  and  structures
  incidental thereto.
    (b)  "Air  transportation  purposes"  shall  mean  the   effectuation,
  establishment,  acquisition,  construction, rehabilitation, improvement,
  maintenance, extension, or operation of air transportation facilities or
  services owned, leased, operated or provided by the  department,  or  by
  others  pursuant  to  agreement  with  the department, at Stewart and/or
  Republic airports.
    (c) "Department" shall mean the department of  transportation  of  the
  state of New York.
    (d)  "Commissioner"  shall  mean the commissioner of transportation of
  the state of New York.
    (e) "Stewart and Republic airports" shall  mean  those  airports,  and
  facilities   and   surrounding  areas  under  the  jurisdiction  of  the
  metropolitan transportation authority or any subsidiary  public  benefit
  corporation,  located  at (in the case of Stewart airport) the county of
  Orange, towns of Newburgh and New Windsor; and (in the case of  Republic
  airport) in the county of Suffolk, town of Babylon.
    (f)  "Real  property"  shall  mean  lands,  structures, franchises and
  interests in land, including air space, air rights, waters, lands  under
  water  and  riparian  rights, and any and all things and rights included
  within said term, and includes not only fee simple absolute but also any
  and all lesser interests, including but not limited to easements, rights
  of way, uses, leases, licenses and all other  incorporeal  hereditaments
  and every estate, interest or right, legal or equitable, including terms
  for years and liens thereon by way of judgments, mortgages or otherwise.
    (g)  "Aircraft"  shall  mean  aircraft of all types, including but not
  limited  to  airplanes,  airships,  dirigibles,  helicopters,   gliders,
  seaplanes,  or  any  other  contrivance  now  or  hereafter used for the
  navigation of or flight in air or space.
    (h) "Stewart airport commission" shall mean the commission established
  by section four hundred one of this article.
    (i)  "Republic  airport  commission"   shall   mean   the   commission
  established by section four hundred two of this article.
    3. In order to effectuate the purposes of this article:
    (a)  The commissioner, for and on behalf of the people of the state of
  New  York,  may  acquire  any  and  all  air  transportation  facilities
  necessary  for  air  transportation  purposes,  pursuant  to the eminent

  domain procedure law, or by purchase, gift, grant, transfer, assignment,
  contract, lease or other arrangement.
    (b)   The  department  may,  on  such  terms  and  conditions  as  the
  commissioner determines necessary, convenient or  desirable,  establish,
  construct,  effectuate,  operate, maintain, renovate, improve, extend or
  repair air transportation facilities at Stewart and  Republic  airports,
  or  may  provide  therefor  by  contract,  lease  or otherwise, with any
  person, firm, corporation, municipality, or governmental unit, agency or
  instrumentality. In connection  with  the  operation  of  any  such  air
  terminal,  the department may establish, construct, effectuate, operate,
  renovate, maintain, improve, extend or repair, or may  provide  therefor
  by  contract, lease or otherwise, any related services or activities the
  commissioner deems necessary, convenient or desirable.
    (c) The department may establish, levy and  collect  or  cause  to  be
  established,   levied   and  collected,  or  join  with  others  in  the
  establishment, levying and collection, of such  fares,  tolls,  rentals,
  rates,  charges  and  other  fees  as  the commissioner deems necessary,
  convenient  or  desirable  for  the  use  or  operation   of   any   air
  transportation  facilities,  services,  equipment or activities operated
  at, serving or incidental to Stewart or Republic airports.
    (d)  The  commissioner  may  establish  such  rules,  regulations  and
  procedures   governing   the   use,   operation  and  occupancy  of  air
  transportation facilities and related  facilities,  equipment,  services
  and  activities  at,  serving  or  incidental  to  Stewart  and Republic
  airports  as  he  may   deem   necessary,   convenient   or   desirable.
  Non-compliance  with  such  airport  rules  and  regulations  shall be a
  violation of law punishable by a fine not to exceed  two  hundred  fifty
  dollars unless a different fine is expressly provided in another section
  of law.
    (e)  The  department may apply for, accept, receive and utilize grants
  of property, money and services and other  assistance  offered  or  made
  available  to  it by any person, government or agency or instrumentality
  thereof for any use within the scope of its functions, powers, duties or
  responsibilities under this article.
    (f) The department may do all things it deems necessary, convenient or
  desirable to manage, control and direct the maintenance and operation of
  air  transportation  facilities  and  related   facilities,   equipment,
  activities  and services, at Stewart and/or Republic airports; provided,
  however, that the  department  shall  take  no  action  which  would  be
  inconsistent  with  or  supersede the provisions of subdivision three of
  section four hundred two of this article.
    (g)  The  department  may  conduct  or  participate  in  demonstration
  projects  relating  to  air  transportation  facilities and services at,
  serving or incidental to Stewart or Republic airports.
    (h) Upon the effective date of this  article  all  rights,  title  and
  interest  in  all  assets,  equipment  and  property,  both tangible and
  intangible,  used  in   connection   with   the   ownership,   planning,
  development,  maintenance and operation of Stewart and Republic airports
  of the  metropolitan  transportation  authority  and/or  any  subsidiary
  corporation  of  such authority are hereby transferred to the department
  of transportation. Any and all appropriations or  reappropriations  made
  in   any  capital  projects  fund  or  state  purposes  account  to  the
  metropolitan transportation authority in connection with either  Stewart
  and/or Republic airports which remain unencumbered on the effective date
  of   this   article   are   hereby  transferred  to  the  department  of
  transportation.  The  commissioner,  subject  to  the  approval  of  the
  division of the budget, shall enter into an agreement or agreements with
  the   metropolitan   transportation   authority  and/or  any  subsidiary

  corporation of such authority and authorization is hereby granted to the
  metropolitan transportation authority and/or any subsidiary  corporation
  of such authority to enter into such agreement or agreements to transfer
  and  assign  to  the  department  of transportation any other rights and
  obligations and  contract  rights  and  obligations  resulting  from  or
  arising  out of the ownership, planning, development, maintenance and/or
  operation of Stewart and/or Republic airports, and  notwithstanding  the
  provisions  of  chapter four hundred seventy-two of the laws of nineteen
  hundred seventy-one, the metropolitan  transportation  authority  and/or
  any  subsidiary  corporation of such authority is authorized to contract
  with the commissioner to provide service  as  an  airport  operator  for
  Stewart  and/or  Republic  airports.  In  lieu  of  contracting with the
  metropolitan transportation authority and/or any subsidiary  corporation
  of  such  authority for such services, the commissioner may contract for
  the operation of Stewart and/or Republic  airports  with  any  qualified
  operator. Any service contract shall contain the clause that the term of
  such contract with respect to either Stewart airport or Republic airport
  or  both  shall  be subject to cancellation upon six months' notice from
  the  commissioner.  Such  notice  shall  be   given   only   after   the
  consultation, guidance, advice and assistance relative to such action by
  either the Stewart airport commission or the Republic airport commission
  or  both  with  respect  to  such  service contract as it affects either
  Stewart airport or Republic airport  or  both  respectively.  Until  the
  effective   date   of   any   such  contract  between  the  metropolitan
  transportation authority and/or subsidiary corporation of such authority
  or another entity and  the  commissioner  to  provide  airport  operator
  services   at   Stewart   and/or  Republic  airports  respectively,  the
  metropolitan   transportation   authority   through    its    subsidiary
  metropolitan airports authority shall continue to provide the service as
  an  airport  operator  for  both  Stewart and Republic airports with the
  costs and expenses of such  activities  throughout  the  period  of  the
  effective  date  of  this  article  through  the  effective date of such
  contract  being  the  obligation  of  the  metropolitan   transportation
  authority,  but not longer than one year from the effective date of this
  article.
    Notwithstanding anything to the contrary contained in  this  paragraph
  on  or  after  the effective date of this article, interests in the real
  property  and  air  transportation   facilities   at   Stewart   airport
  hereinafter  set forth shall be leased by the state to the United States
  government upon terms and consideration and for a term  to  be  mutually
  agreed  upon  by the commissioner and said United States government with
  the concurrence of the adjutant general for the purpose of  establishing
  an air national guard facility:
    (i) For such temporary period or periods as the adjutant general deems
  necessary,  and  for  the  purposes  of  an  interim  air national guard
  facility, pending construction of a permanent facility--
    Such real property and such air transportation facilities as shall  be
  agreed  upon  by  the commissioner and the United States government with
  the concurrence of the adjutant  general.  The  federal  government  has
  appropriated  five  hundred  thousand  dollars for rehabilitation of the
  said interim air national guard facility. Upon  relocation  of  the  air
  national guard to said permanent facilities all improvements constructed
  by  the federal government shall become the property of the state of New
  York.
    (ii) For a term of  fifty  years  with  option  for  renewal  for  the
  purposes of a permanent air national guard facility--
    Building  105  with  adjacent  parking  compound  located  in  rear of
  building, and the land commonly known as the "pad area" situated between

  runways twenty-seven and thirty-four and the  eastern  boundary  of  the
  airport  property,  this  site being the location upon which a permanent
  air national guard facility will be constructed.
    (i)  In  connection  with any improvements on real property or any new
  leases or renewal of leases for real property made after the  department
  assumes  jurisdiction over an air transportation facility, whether owned
  by the state or others, that are devoted  to  non-aviation  purposes  in
  whole  or substantial portion thereof, the commissioner shall enter into
  agreements to pay, or make provisions for the payment of, annual sums in
  lieu of taxes to any municipality or political subdivision of the  state
  in which such improvements are located. Such non-aviation purposes shall
  include  but  not be limited to motel, hotel, restaurant, transportation
  services other than aircraft, manufacturers whose products are not  used
  exclusively  at  the  airport,  general  office  space  and  such  other
  buildings and improvements as determined by the commissioner to  be  not
  exclusively  for  aviation  purposes. In regard to such non-aviation and
  substantial portion related determinations and any proration of  use  or
  purpose   for   determination   of   in   lieu  of  tax  payments,  such
  determinations shall be in accordance with the recommendations  made  by
  the  Stewart  airport  commission or Republic airport commission and the
  affected municipalities or politial subdivisions, respectively.
    Notwithstanding the foregoing provisions of  this  subdivision  if  an
  agreement is made between the Stewart airport commission or the Republic
  airport commission and all municipalities or political subdivisions with
  respect  to payments in lieu of taxes or the definition of "non-aviation
  purposes" such agreements shall be binding upon  the  commissioner  with
  respect  to  such  subjects, provided, however, that if there is no such
  agreement among all the aforementioned parties, the  commissioner  shall
  make  such  determinations  based  upon  the  recommendations of all the
  parties.
    4. Once the Stewart airport commission  and/or  the  Republic  airport
  commission have been established, the commissioner and/or the department
  shall  effectuate  the authorizations, powers and/or duties set forth in
  this article with respect to Stewart  airport  and/or  Republic  airport
  only following the consultation, guidance, advice, and assistance of the
  Stewart  airport  commission  and/or  the  Republic  airport commission,
  respectively.
    5. No toxic waste site or center shall be  located  or  maintained  at
  either  Stewart  airport  including the surrounding area as contained in
  the  metropolitan  transportation  authority  project  map  number   one
  thousand filed in the Orange county clerk's office on August thirteenth,
  nineteen hundred seventy-one or Republic airport.
    * NB There are 2 § 400's