“Stop the Chop” Bill Chopped

New York Governor Kathy Hochul has vetoed her state’s Senate Bill S7493A, thereby safeguarding over 43,200 general aviation jobs and preserving $8.6-billion in yearly economic output by which the State of New York and its people currently benefit.

Brazenly dubbed the “Stop the Chop” act, the legislation sought to allow anyone—ANYONE—to bring legal action against a pilot, flight department, line service personnel, or company employee for alleged rotorcraft noise pollution by a flight operation in the state of New York—even if the operation was conducted in accordance with federal law and applicable FAA Regulations.

Sponsored by New York State Senator Brad Hoylman, S7493A targeted tourist and commuter flights from the city’s West 30th Street heliport, which is operated by the state. Subject bill also allowed complainants to seek financial restitution from helicopter companies for alleged noise pollution.

Numerous aviation organizations—to include the NBAA, General Aviation Manufacturers Association, Eastern Region Helicopter Council, Helicopter Association International, New York Aviation Management Association, and National Air Transportation Association—vehemently opposed the bill, and helped inspire and enact a grassroots campaign against the legislation.

In the days following S7493A’s successful passage through New York’s State Assembly and Senate, legions of stakeholders—helicopter operators, FBOs, ramp-workers, pilots, maintenance personnel, and general aviation advocates—contacted Governor Hochul’s office for purpose of voicing their opposition to the bill, which the NBAA and its ilk called “overly broad,” and warned: “The act purports to create a private right of action for ‘any person’ who has suffered from an ‘unreasonable level’ of noise attributed to the operation of helicopters. The act allows for a lawsuit against ‘any person’ who has ‘caused or contributed’ to the use of helicopters at ‘unreasonable levels.’”

NBAA Northeast regional director Brittany Davies added: “There are a lot of unknowns in this legislation, and it is so vaguely worded that there are many avenues in which litigation could be taken. So we are urging our members to visit the Grassroots Action Center on the NBAA website and write the governor asking her not to sign this legislation into law.”

In a note accompanying her veto, Hochul argued S7493A endeavored to intrude upon the purview of Federal Aviation Regulation. “Certain elements of this legislation run counter to the federal scheme regulating New York’s airports and airspace,” Hochul opined. “Therefore, I am constrained to veto this bill.”

Notwithstanding Governor Hochul’s paroxysm of good sense, New York’s City Council continues to consider a June 2022 bill prohibiting non-essential rotorcraft flights from city-owned heliports in lower Manhattan and East 34th Street.

FMI: www.ny.gov