Section 14-M. Airport security  


Latest version.
  • 1. For the purposes of this section, the
      following  terms  shall  have  the  following  meanings:  (a)  the  term
      "airport"  shall  have  the  same  meaning  as  such  term is defined in
      subdivision five of section two hundred forty of  the  general  business
      law  except  that  such term shall not include any airport operated by a
      bi-state authority nor any airport with scheduled commercial air carrier
      service;
        (b) the term "aircraft" shall have the same meaning as  such  term  is
      defined  in  subdivision one of section two hundred forty of the general
      business law;
        (c)  the  term  "private-use  airport"  shall  mean  an  airport  used
      exclusively by the owner thereof and persons authorized by such owner;
        (d)  the term "public-use airport" shall mean an airport available for
      use by the general public without a requirement for the  prior  approval
      of  the  owner  or operator thereof except as may be required by federal
      law or regulation.
        This section shall not be construed to replace  or  supersede  airport
      security  standards required by the United States department of homeland
      security or transportation security administration or  safety  standards
      required  by  the  United States department of transportation or federal
      aviation administration.
        2. Notwithstanding any provision of law to the contrary, in  order  to
      enhance  security  at  the  airports  of the state, each private-use and
      public-use airport located, in whole or  in  part,  in  New  York  state
      shall:
        (a)(i) Register with the department within one year from the effective
      date  of  this section. Such registration shall be valid for a period of
      three years, and shall be submitted on forms provided by the  department
      which  shall contain the following information: the physical and mailing
      addresses of such airport; the telephone number, facsimile  number,  and
      e-mail  address  of such airport; the name or names and telephone number
      or numbers of one or more twenty-four hour security contact persons,  as
      designated  by  such  airport;  a  map  showing the location and general
      boundaries of such airport; and such other information as the department
      may reasonably prescribe. Such registration also shall be accompanied by
      the written security plan required pursuant to  paragraph  (b)  of  this
      subdivision.
        (ii)   Each  such  airport  shall  renew  its  registration  with  the
      department every three years. Requests for  renewal  shall  be  made  on
      forms  supplied  by  the  department  and  shall  not be accepted unless
      accompanied with  an  updated  written  security  plan  as  provided  in
      paragraph (b) of this subdivision.
        (iii) Every original and renewal application for registration shall be
      accompanied by a registration fee of twenty-five dollars for private-use
      airports, and of fifty dollars for public-use airports.
        (b)  (i)  Each  private-use  and public-use airport shall document its
      security procedures in a written security plan that is  consistent  with
      the  most  recent  security  guidelines  for  general  aviation airports
      published by the United States transportation  security  administration.
      Such  plan  shall  be  updated  every  three  years and submitted to the
      department  with   each   such   airport's   renewal   application   for
      registration.  In  developing such plan, each airport shall consider the
      applicable security enhancement recommendations contained  in  the  most
      recent  security  guidelines  for general aviation airports published by
      the United States transportation security administration.  Each  written
      plan  shall  include a description of how the airport has addressed each
      applicable recommendation of such guidelines, and  a  justification  for
      not  adopting any applicable recommendation suggested by such guidelines
    
      for the airport's security characteristics.  Applicable  recommendations
      from  such  document  should  be determined by such airport by using the
      airport characteristics self-assessment measurement  tool  available  in
      such document and any other self-assessment tools subsequently issued by
      the transportation security administration.
        (ii)  In  addition  to  submitting  such  plan  to  the  department in
      compliance with paragraph (a) of this subdivision,  each  airport  shall
      submit  a  copy  of  such  plan  and  all  updates  thereof to local law
      enforcement agencies having jurisdiction over such airport, the New York
      state police, and the New York state office of homeland security.
        (c)(i)  In  addition  to  the  other  provisions  of   this   section,
      private-use airports shall:
        (A)  require  all aircraft to be double-locked, with one lock internal
      to the aircraft, and one  lock  external  to  the  aircraft,  when  such
      aircraft is not in operation; and
        (B) provide that all hangars be locked when not in use.
        (ii)  In  addition to the other provisions of this section, public-use
      airports shall:
        (A) meet all the requirements of private-use  airports  set  forth  in
      subparagraph (i) of this paragraph;
        (B) require verification of the identity of all aircraft passengers by
      the aircraft crew;
        (C)  maintain  a  log  of all transient aircraft for a minimum of five
      years;
        (D) develop  a  written  list  of  emergency  contacts  and  telephone
      numbers, to be available to airport personnel;
        (E)  restrict  the  access of unlicensed persons and student pilots to
      aircraft keys;
        (F) require persons  renting  aircraft  to  present  government-issued
      identification, which identification shall be in addition to any pilot's
      license;
        (G)   post   airport  security  warning  signs  and  advisories  where
      appropriate;
        (H) create an emergency locator map, which may be hand-drawn generally
      to scale, identifying areas such as runways, ramp  areas,  fence  lines,
      gates,  hydrants,  emergency shelters, buildings and hazardous materials
      sites, and provide copies of such map  to  emergency  response  agencies
      serving  such  airport,  to law enforcement agencies having jurisdiction
      over such airport, and appropriate airport personnel. Whenever there  is
      a  physical  change  involving such areas, such map shall be revised and
      resubmitted to the aforementioned emergency response and law enforcement
      agencies and airport personnel within sixty days of such change; and
        (I) familiarize local law enforcement with  the  airport  and  consult
      with   them   in  the  airport's  development  of  appropriate  security
      procedures.
        3.  The  map  required  to  be  created  pursuant  to  clause  (H)  of
      subparagraph  (ii)  of  paragraph (c) of subdivision two of this section
      and the written security plan required  pursuant  to  paragraph  (b)  of
      subdivision  two of this section shall prominently display the following
      statement: "This document may  contain  information  that  if  disclosed
      could  endanger  the  life  or  safety of the public, and therefore this
      document is to be maintained and used in a manner  which  preserves  the
      confidentiality   of  the  information  contained  herein  in  a  manner
      consistent with law."
        4. A person or entity who submits or otherwise makes available to  any
      state  agency or agency of any subdivision thereof the registrations and
      security plans produced pursuant to the requirements of this section may
      at any time identify those records  or  portions  thereof  that  contain
    
      critical security information and request that the agency that maintains
      such  records  except  such  information  from  disclosure  pursuant  to
      subparagraph one-a of paragraph  (a)  of  subdivision  five  of  section
      eighty-nine of the public officers law.