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State Senate Tackles Air Noise

Lawmaker: Focus To Shift To Railroad Woes

With the State Senate recently passing a bill requiring the Port Authority of New York and New Jersey to monitor noise and other issues associated with low-flying aircraft at the city’s three major airports, State Sen. Joseph Addabbo announced that he would seek legislation to address freight rail problems experienced by residents in Queens.

The State Senate approved S. 3841, which will require the Port Authority to launch studies on noise and pollution levels in neighborhoods surrounding John F. Kennedy, La- Guardia and Newark Liberty airports. The airport operator would also be responsible for holding public hearings every two years in these communities to hear comments from residents about problems from lowflying aircraft and develop possible solutions.

“Combined, these airports comprise one of the busiest air transportation hubs in the United States,” Addabbo said in a press release last Friday, May 24. “We need to once again address the issue of noise and air pollution that my constituents suffer on a daily basis, with plans to be developed in order to reduce the airport’s impact on the community.”

He added that he is also “preparing similar legislation to deal with the railroad noise and air pollution some of my constituents in Middle Village and Glendale deal with each day and night.”

The senator expounded on the proposal in a phone interview with the Times Newsweekly on Wednesday morning, May 29. Addabbo explained legal counsel is currently reviewing state and federal law to determine what powers the state legislature has to provide specific over- sight on freight railroad operations, which fall under federal jurisdiction through the Interstate Commerce Clause.

“While most of the time we perceive the railroad issue as a federal issue, we have attempted to pass legislation in the past requiring” train operators to place tarps on container cars filled with trash and construction debris, Addabbo stated. Those efforts, however, were deemed invalid since federal law supercedes state legislation.

Asked about possible details for the proposed legislation, Addabbo indicated the bill could include mandates to monitor noise and pollution levels during freight rail operation on a state or city level.

“It all depends on what we can do within the jurisdiction of the state legislature,” Addabbo cautioned.

The current legislative session in Albany is winding down, and the senator stated he and the counsel would use the time until the next session “to figure out what kind of control we have as a state legislature” regarding railroad traffic.

As for the airport bill recently passed by the State Senate, the Port Authority would be mandated to launch noise and land use studies, which are permitted under federal aviation regulations.

“Surveys of this kind, known as ‘Part 150’ studies, have already been conducted for major airports in other states, including Boston Logan, Philadelphia International and Baltimore/ Washington International Airport,” Addabbo added in last Friday’s statement, noting that grant money for the study and noise abatement remedies may be available from the Federal Aviation Administration. “Data from the studies would be used to help determine the use of different runways and flight paths to help cut down on noise and address other impacts.”

Additionally, public hearings would be held in Queens, Kings and Nassau counties in New York-and in Essex and Union counties in New Jersey-every two years to update residents on noise and pollution abatement efforts. The hearings will also serve as an opportunity for the Port Authority to hear additional complaints from the public about other issues related to air traffic.

The bill is now being considered by the Assembly Committee on Corporations, Authorities and Commissions.