New York Moves to Ban ADS-B Landing Fees — Joining a Growing State Coalition

New York State is advancing legislation to bar airports from using ADS-B flight tracking data as a billing mechanism for general aviation aircraft. Senator John Liu (D-16) introduced Senate Bill S10490, which would prohibit any airport within the state from monetizing ADS-B transponder data to charge landing fees on aircraft 12,500 lbs or less operating under Part 91. The bill moves New York closer to joining a small but growing group of states drawing a hard line against a fee practice that has spread quietly through the GA airport system since its introduction in Arizona.

How ADS-B Landing Fees Work

The practice originated at Scottsdale Airport and Falcon Field (KFFZ) in Arizona, where airport operators contracted with third-party flight tracking services to passively monitor ADS-B transponder broadcasts. When a visiting aircraft's transponder signal indicated a landing or touch-and-go, the airport used that data to generate and mail a landing fee bill to the registered owner — with no gate, no ramp attendant, no fuel sale, and no direct interaction with the pilot.

ADS-B (Automatic Dependent Surveillance-Broadcast) is an FAA-mandated safety technology. Since January 1, 2020, virtually all aircraft operating in controlled or Class E airspace are required to broadcast ADS-B Out — position, altitude, velocity, and registration data — on a continuous basis. The system was designed to modernize air traffic surveillance, reduce midair collision risk, and improve situational awareness. Using that mandatory broadcast as a trip wire for fee generation was not part of the mandate.

The practical impact on GA operations is significant. Pilots conducting touch-and-go practice, cross-country training, or making alternate airport stops — routine activities that generate ADS-B pings without any fuel stop or ramp services — receive invoices days or weeks after the fact, often with no notice during the visit that fees applied.

The Legislative Landscape

New York's S10490 joins a broad and accelerating legislative effort at both the state and federal level. Florida and Montana have already enacted statewide bans. Multiple other states have bills in various stages of consideration, and two federal bills directly address the practice.

The federal Pilot and Aircraft Privacy Act (PAPA) and the ALERT Act represent parallel tracks in Congress. Either, if enacted, would resolve the patchwork problem — a fee banned in Florida can still be applied to a Florida-registered aircraft that lands in an unprotected state.

Why the FAA and NTSB Are Also Pushing Back

Opposition to ADS-B-derived fees has moved beyond the pilot advocacy community. FAA Administrator Bryan Bedford has publicly criticized the practice, framing it as a misuse of safety technology for revenue collection. The concern is functional: if pilots begin suppressing or disabling ADS-B transmissions to avoid fee exposure, the surveillance network the FAA spent years and billions building becomes degraded. ADS-B works only if everyone is broadcasting.

NTSB Chair Jennifer Homendy has echoed that criticism. From a safety standpoint, any behavioral incentive that causes pilots to think twice about using a mandatory safety system creates a real risk. The NTSB's interest is not hypothetical — the Board has investigated accidents where degraded surveillance contributed to the outcome.

Both agencies have stopped short of formal rulemaking, but the public statements from the country's top aviation safety officials give legislative efforts like S10490 meaningful institutional backing.

What this means for GA pilots: If you fly in New York, Senate Bill S10490 would eliminate the risk of receiving an invoice for touch-and-goes, training flights, or unplanned stops at in-state airports. Until it — or a federal equivalent — passes, the safest assumption when operating near fee-assessed airports is that every ADS-B ping is billable. Check current fee policies before stopping at unfamiliar airports, particularly in Arizona and any state without an active ban. The PAPA and ALERT Act are the ones to watch federally — either would end the patchwork for good.

The Broader Principle

The legislative momentum behind bills like S10490 reflects a straightforward argument: mandatory safety equipment should not be conscripted into a revenue collection system. ADS-B Out is not optional for aircraft operating in most airspace — pilots broadcast because the FAA requires it, not because they're consenting to tracking for billing purposes. The fee practice inverts that relationship, turning regulatory compliance into liability. Whether the fix comes state by state or through a federal bill, the direction of the law is clear. The question is how long the patchwork persists before it resolves uniformly.