New York Laws
Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation
14-H - Airport Preservation.

§ 14-h. Airport preservation. 1. In order to preserve and enhance the
air transportation system of the state, the commissioner of
transportation is hereby authorized:

a. To enter into an agreement with the operator of any privately-owned
airport to pay on behalf of the state a share of the project costs of
any project undertaken in accordance with the provisions of the federal
airport and airway improvement program of the federal aviation
administration or any federal program hereafter enacted for the purpose
of airport improvement.

b. To utilize for this purpose any funds available for the
acquisition, construction, reconstruction or improvement of airports or
aviation capital facilities, including but not limited to funds
available from the transportation capital facilities bond act of
nineteen hundred sixty-seven and the rebuild New York through
transportation infrastructure renewal bond act of nineteen hundred
eighty-three. Notwithstanding any provisions of law to the contrary,
for airports funded pursuant to this section, the owner of a municipal
airport may, with the approval of the commissioner, contract directly
with the office of general services to provide for the removal of fuel
tanks under such terms and conditions as set forth by the office of
general services, including provision for the deposit of funds of such
airport with the state comptroller, who is authorized to receive and
accept the same for the purposes of this paragraph, for expenditure on
such project costs or, as appropriate, for the return of any excess
deposit to such airport, on vouchers approved by the office of general
services.

c. To enter into any agreements necessary to effectuate the provisions
of this section and to insure the availability to the public of any
airport improved hereunder for the useful life of such improvement as
defined in section sixty-one of the state finance law.

d. To receive applications for participation in this program by the
operators of privately-owned airports determined by the commissioner to
serve a public purpose and to establish standards governing the form,
content and submission of such applications, including the requirement
that any application submitted under this section by the owner of a
privately-owned airport be accompanied by a resolution from the
governing body of the municipality in which such airport is located
formally endorsing the project for which state aid is requested.

e. To do all things necessary, convenient or desirable to carry out
the purposes of this section.

2. The state share of any such improvement project undertaken with
federal assistance from the federal aviation administration shall be
limited to seventy-five percent of the non-federal share of such
approved project.

3. Whenever a property owner intends to dispose of, sell, lease or
otherwise transfer any or all of its interest in an air transportation
facility and such disposal, sale, lease or transfer shall result in that
facility no longer having as its principal function aviation operations
or support, such owner shall notify the department in writing of its
intention to transfer such interest on or before ninety days prior to
such transfer.