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S10417 Summary:

BILL NOS10417
 
SAME ASSAME AS A06311
 
SPONSORGONZALEZ
 
COSPNSR
 
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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S10417 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10417
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed 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;
    23    (v) incompatible governmental uses;
    24    (vi)  casino  and riverboat gambling, and the docking of vessels to be
    25  used substantially for gambling or for transportation to such a vessel;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03903-01-5

        S. 10417                            2
 
     1    (vii) any facility for motorized aircraft, including a heliport except
     2  a heliport which is defined as a park/commercial use, provided  the  use
     3  of  any heliport in the park by any operator, individual, business enti-
     4  ty, organization or association, or any member,  parent,  subsidiary  or
     5  affiliate  thereof,  that  conducts  or arranges prohibited flight oper-
     6  ations, whether or not originating from a heliport in the park, shall be
     7  prohibited;
     8    (viii) commercial office, except office space that is incidental to  a
     9  permitted  use,  and  further  provided  that such prohibition shall not
    10  apply to piers 57 and 76; and
    11    (ix) other uses determined by the trust to be  incompatible  with  the
    12  purposes of this act.
    13    §  4.  Section  3 of chapter 592 of the laws of 1998, constituting the
    14  Hudson river park act, is amended by adding two new subdivisions (o) and
    15  (p) to read as follows:
    16    (o) "Permitted transportation use" means air transportation other than
    17  prohibited flight operations:
    18    (i) for purposes of heavy-lift operations in support  of  construction
    19  and infrastructure maintenance;
    20    (ii)  for purposes of public health and safety, including law enforce-
    21  ment, emergency  response,  disaster  response,  and  the  provision  of
    22  medical services;
    23    (iii) for the benefit of the general public, including flights carried
    24  out for research or official purposes by a news organization; or
    25    (iv) operated in accordance with United States department of transpor-
    26  tation  and federal aviation administration rules and regulations and on
    27  routes approved by the federal aviation administration.
    28    (p) "Prohibited flight operations" means helicopter air transportation
    29  operated for the primary purpose of conducting  sightseeing  tours  over
    30  New   York  city  or  conducting  photography,  videography  or  similar
    31  production activities over New York city.
    32    § 5. Paragraph (v) of subdivision (m) of section 3 of chapter  592  of
    33  the  laws of 1998, constituting the Hudson river park act, as amended by
    34  chapter 211 of the laws of 2024, is amended to read as follows:
    35    (v) the development, operation and maintenance of  a  non-tourism/non-
    36  recreational  heliport  for permitted transportation use located between
    37  [west] West 29th and [west] West 32nd streets provided  (A)  that  there
    38  shall  be  no  structures  other than the helicopter take-off or landing
    39  pads built on floating structures;  and  (B)  such  floating  structures
    40  shall be no higher than a pier deck at low tide; and
    41    §  6.  The  opening paragraph of subparagraph (ii) of paragraph (i) of
    42  subdivision 9 of section 7 of chapter 592 of the laws of  1998,  consti-
    43  tuting  the Hudson river park act, as amended by chapter 211 of the laws
    44  of 2024, is amended to read as follows:
    45    a one story heliport terminal building, fuel tank structure  and  five
    46  accessory  parking spaces used in connection with a water dependent non-
    47  tourism/non-recreational heliport for permitted transportation use to be
    48  located on a floating structure or  fixed  barge  in  the  Hudson  River
    49  located  between [west] West 29th and [west] West 32nd streets (referred
    50  to in this paragraph as "the site") provided that the landing and  take-
    51  off  area located east of the bulkhead may continue to operate until the
    52  landing and takeoff area west of the bulkhead is  completed  and  opera-
    53  tional.  If  the  trust  initiates a request for proposals relating to a
    54  heliport, the trust shall meet the following requirements:
    55    § 7. Subdivision 13 of section 7 of chapter 592 of the laws  of  1998,
    56  constituting the Hudson river park act, is amended to read as follows:

        S. 10417                            3
 
     1    13.  At  all  times, the trust shall take all reasonable and necessary
     2  steps to prevent and eliminate prohibited uses in the park,  subject  to
     3  the  exceptions  contained  in  this act, including, without limitation,
     4  prohibiting any operator, individual, business entity,  organization  or
     5  association, or any member, parent, subsidiary or affiliate thereof, who
     6  conducts or arranges prohibited flight operations, whether or not origi-
     7  nating  from  a heliport in the park, from accessing any heliport in the
     8  park.
     9    § 8. This  act shall take effect on the thirtieth day after  it  shall
    10  have become a law; provided that uses permitted under any lease, permit,
    11  license,  or  other instrument in effect upon the effective date of this
    12  act that would be prohibited upon the enactment of this act may continue
    13  only pursuant to the terms of the instrument and only for the term ther-
    14  eof or pursuant to any extension according to the terms thereof if,  but
    15  only if, the option to extend is exercised solely by and is a contractu-
    16  al right of the lessee, permittee, licensee or other contractual user.
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