* § 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.

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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