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A06311 Summary:

BILL NOA06311
 
SAME ASNo Same As
 
SPONSORSimone
 
COSPNSRSeawright
 
MLTSPNSR
 
Add §98-c, Gen Muni L; amd §§3 & 7, Chap 592 of 1998
 
Prohibits municipal corporations from permitting 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 photography, videography, or similar production activities over New York city; relates to the use of certain heliports in the city of New York.
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A06311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6311
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section 1.   The general municipal law is  amended  by  adding  a  new
     2  section 98-c to read as follows:
     3    §  98-c. Restriction on certain flight operations at municipal facili-
     4  ties. No municipal corporation shall permit the use  of  publicly  owned
     5  land  for helicopter air transportation operated for the primary purpose
     6  of conducting sightseeing tours over New York city or conducting photog-
     7  raphy, videography, or similar production activities over New York city.
     8    § 2. Paragraph (v) of subdivision (g) of section 3 of chapter  592  of
     9  the  laws of 1998, constituting the Hudson river park act, as amended by
    10  chapter 211 of the laws of 2024, is amended to read as follows:
    11    (v) a non-tourism/non-recreation heliport for [commercial and emergen-
    12  cy] permitted transportation use;
    13    § 3. Subdivision (j) of section 3 of chapter 592 of the laws of  1998,
    14  constituting the Hudson river park act, as amended by chapter 211 of the
    15  laws of 2024, is amended to read as follows:
    16    (j) "Prohibited use" means any of the following uses:
    17    (i) residential;
    18    (ii)  manufacturing,  except  in furtherance of and incidental to park
    19  uses, provided that small scale creation of artisan foods or other craft
    20  products shall not be considered manufacturing;
    21    (iii) warehousing;
    22    (iv) hotel;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03903-01-5

        A. 6311                             2
 
     1    (v) incompatible governmental uses;
     2    (vi)  casino  and riverboat gambling, and the docking of vessels to be
     3  used substantially for gambling or for transportation to such a vessel;
     4    (vii) any facility for motorized aircraft, including a heliport except
     5  a heliport which is defined as a park/commercial use, provided  the  use
     6  of  any heliport in the park by any operator, individual, business enti-
     7  ty, organization or association, or any member,  parent,  subsidiary  or
     8  affiliate  thereof,  that  conducts  or arranges prohibited flight oper-
     9  ations, whether or not originating from a heliport in the park, shall be
    10  prohibited;
    11    (viii) commercial office, except office space that is incidental to  a
    12  permitted  use,  and  further  provided  that such prohibition shall not
    13  apply to piers 57 and 76; and
    14    (ix) other uses determined by the trust to be  incompatible  with  the
    15  purposes of this act.
    16    §  4.  Section  3 of chapter 592 of the laws of 1998, constituting the
    17  Hudson river park act, is amended by adding two new subdivisions (o) and
    18  (p) to read as follows:
    19    (o) "Permitted transportation use" means air transportation other than
    20  prohibited flight operations:
    21    (i) for purposes of heavy-lift operations in support  of  construction
    22  and infrastructure maintenance;
    23    (ii)  for purposes of public health and safety, including law enforce-
    24  ment, emergency  response,  disaster  response,  and  the  provision  of
    25  medical services;
    26    (iii) for the benefit of the general public, including flights carried
    27  out for research or official purposes by a news organization; or
    28    (iv) operated in accordance with United States department of transpor-
    29  tation  and federal aviation administration rules and regulations and on
    30  routes approved by the federal aviation administration.
    31    (p) "Prohibited flight operations" means helicopter air transportation
    32  operated for the primary purpose of conducting  sightseeing  tours  over
    33  New   York  city  or  conducting  photography,  videography  or  similar
    34  production activities over New York city.
    35    § 5. Paragraph (v) of subdivision (m) of section 3 of chapter  592  of
    36  the  laws of 1998, constituting the Hudson river park act, as amended by
    37  chapter 211 of the laws of 2024, is amended to read as follows:
    38    (v) the development, operation and maintenance of  a  non-tourism/non-
    39  recreational  heliport  for permitted transportation use located between
    40  [west] West 29th and [west] West 32nd streets provided  (A)  that  there
    41  shall  be  no  structures  other than the helicopter take-off or landing
    42  pads built on floating structures;  and  (B)  such  floating  structures
    43  shall be no higher than a pier deck at low tide; and
    44    §  6.  The  opening paragraph of subparagraph (ii) of paragraph (i) of
    45  subdivision 9 of section 7 of chapter 592 of the laws of  1998,  consti-
    46  tuting  the Hudson river park act, as amended by chapter 211 of the laws
    47  of 2024, is amended to read as follows:
    48    a one story heliport terminal building, fuel tank structure  and  five
    49  accessory  parking spaces used in connection with a water dependent non-
    50  tourism/non-recreational heliport for permitted transportation use to be
    51  located on a floating structure or  fixed  barge  in  the  Hudson  River
    52  located  between [west] West 29th and [west] West 32nd streets (referred
    53  to in this paragraph as "the site") provided that the landing and  take-
    54  off  area located east of the bulkhead may continue to operate until the
    55  landing and takeoff area west of the bulkhead is  completed  and  opera-

        A. 6311                             3
 
     1  tional.  If  the  trust  initiates a request for proposals relating to a
     2  heliport, the trust shall meet the following requirements:
     3    §  7.  Subdivision 13 of section 7 of chapter 592 of the laws of 1998,
     4  constituting the Hudson river park act, is amended to read as follows:
     5    13. At all times, the trust shall take all  reasonable  and  necessary
     6  steps  to  prevent and eliminate prohibited uses in the park, subject to
     7  the exceptions contained in this  act,  including,  without  limitation,
     8  prohibiting  any  operator, individual, business entity, organization or
     9  association, or any member, parent, subsidiary or affiliate thereof, who
    10  conducts or arranges prohibited flight operations, whether or not origi-
    11  nating from a heliport in the park, from accessing any heliport  in  the
    12  park.
    13    §  8. This   act shall take effect on the thirtieth day after it shall
    14  have become a law; provided that uses permitted under any lease, permit,
    15  license, or other instrument in effect upon the effective date  of  this
    16  act that would be prohibited upon the enactment of this act may continue
    17  only pursuant to the terms of the instrument and only for the term ther-
    18  eof  or pursuant to any extension according to the terms thereof if, but
    19  only if, the option to extend is exercised solely by and is a contractu-
    20  al right of the lessee, permittee, licensee or other contractual user.
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