Section 402. Republic airport commission

1.  Upon  assumption  by  the
  department of transportation of jurisdiction over the  airport  facility
  and surrounding area located in the county of Suffolk, known as Republic
  airport, there shall thereupon be created a Republic airport commission.
  This  commission  will  be  an advisory council to the commissioner with
  respect  to  administration  and  management  of  the  Republic  airport
  facilities  and  its  surrounding  areas  with respect to projects to be
  undertaken and operations and  management  of  the  facilities  at  such
  airport.  The  commission  shall  be  composed  of  nine  members  to be
  appointed by the governor with the advice and consent of the senate and,
  except for the initial appointment terms, shall serve for a term of four
  years.  By  virtue  of  his  or  her   office,   the   commissioner   of
  transportation  or  the  commissioner's  designee shall be an ex officio
  member of the commission. Four of the members shall be appointed from  a
  list  submitted  by  the temporary president of the senate setting forth
  the names of six persons who are residents of Nassau or Suffolk  county,
  three persons who are residents of the town of Babylon and three persons
  who  are  residents  of the Nassau county part of the Farmingdale school
  district. Two names shall be selected from the first class of  residency
  and one name each shall be selected from the second and third classes of
  residency.  Four of the members shall be appointed from a list submitted
  by the speaker of the assembly setting forth the names  of  six  persons
  who  are  residents  of  Nassau or Suffolk county, three persons who are
  residents of the town of Babylon and three persons who are residents  of
  the  Suffolk  county  part of the Farmingdale school district. Two names
  shall be selected from the first class of residency and  one  name  each
  shall  be  selected  from the second and third classes of residency. The
  ninth member shall be selected by the governor. In any event six members
  shall be  residents  of  Suffolk  county  and  three  members  shall  be
  residents  of  Nassau county. Initial appointments shall be to staggered
  terms with the  nominee  of  the  governor  being  made  to  an  initial
  four-year term, with the members nominated by the temporary president of
  the   senate  to  initial  two-year,  three-year  and  four-year  terms,
  respectively, and the members nominated by the speaker of  the  assembly
  to initial one-year, two-year and three-year terms, respectively. If any
  member  shall thereafter no longer meet the residency requirement of his
  appointment, such position shall be declared vacant. In the event  of  a
  vacancy,  the  vacancy shall be filled in the same manner as the initial
  appointments except that the term shall be for the unexpired portion  of
  the  term  of such members. All such members shall be deemed officers of
  the state in connection with the provisions of section seventeen of  the
  public  officers  law.  The  members  of  the commission shall appoint a
  chairman from among their number. Members shall not receive a salary  or
  other  compensation,  but  shall  be  reimbursed  for  their  actual and
  necessary expenses incurred in the performance of their official duties.
    2. The Republic airport commission shall assist in the development  of
  a  program relative to the administration and management of the Republic
  airport and to advise the commissioner of transportation with regard  to
  such  other  programs  relative  to  the  Republic  airport  as  he  may
  undertake.  Such  program  shall  include,  but  not   be   limited   to
  identification  of future capital needs, examining the means and methods
  of financing such future capital needs, the promotion and examination of
  the financing means and methods for the economic development of the area
  around the airport, the joining together of  such  economic  development
  and  the  airport  operations,  the identification and implementation of
  ways of working with the local community to accomplish the  program  and
  the  identification  of non-aviation uses and purposes and prorations of
  use or purposes for determinations of in lieu of tax payments. Once  the

  commission  has been established, the commissioner and/or the department
  shall effectuate the authorizations, powers and/or duties set  forth  in
  section  four  hundred  of this article only following the consultation,
  guidance,  advice and assistance of the commission. The Republic airport
  commission shall meet at least six times a  year  at  the  call  of  the
  commissioner  of  transportation  or  the chairman of the commission and
  shall keep a record of all its proceedings  and  recommendations.  Staff
  services  for  the  commission  shall  be  performed by personnel of the
  department  of  transportation.  In  carrying  out  the  functions   and
  responsibilities   of   the   commissioner   and   the  commission,  the
  commissioner shall designate an executive secretary from among the staff
  of the department of transportation who will act as  the  administrative
  agent  of  the  commission  and  assist the commission in fulfilling its
  duties and functions.
    3. The arrival or departure of aircraft to or from the airport between
  the hours of 11 p.m. and 7 a.m., except in the case  of  emergency,  and
  the  development  of  additional  runways  at  the  airport  are  hereby
  prohibited, provided, however, that such prohibitions  may  be  altered,
  modified  or  changed  by  resolution  adopted by a majority vote of the
  members of the commission after giving public notice of such alteration,
  modification or  change  and  holding  a  public  hearing  thereon.  Any
  alteration,  modification  or  change which affects the prohibition with
  respect to arrival and departure of aircraft shall be  made  only  after
  due  consideration has been given to the period of daylight occurring at
  such  airport.  Notwithstanding  the  foregoing   provisions   of   this
  subdivision,  the  prohibition  against  the  arrival  or  departure  of
  aircraft to or from the airport between the hours of 11 p.m. and 7  a.m.
  shall not become effective until ninety days after the effective date of
  this  subdivision.  The  commissioner  upon  the  advice of the Republic
  airport commission shall promulgate regulations establishing permissible
  levels of noise for aircraft operating at the airport. The  operator  of
  any  aircraft  to  or  from  the  airport which exceeds such permissible
  levels of noise shall be guilty of a violation punishable by a fine  not
  to exceed twenty-five hundred dollars.
    4.  The commission, within one year from its creation, shall conduct a
  study on payments in lieu of taxes and improvement  district  taxes  and
  charges  with  respect  to  aviation facilities which locate at Republic
  airport after the  effective  date  of  this  subdivision  and  existing
  aviation facilities whose leases are renewed after the effective date of
  this  subdivision.  The commission shall conduct public hearings as part
  of such study  and  report  its  findings  and  recommendations  to  the
  commissioner  and the legislature within one year after the commencement
  of such study of such findings and recommendations. The commissioner, in
  his discretion, may take such steps as may be necessary to implement any
  or all of such findings and recommendations.
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