5361 AAS 3/14/95 S2444.1
SB 5361 - S AMD - 092
By Senators Haugen and Winsley
ADOPTED 3/14/95
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 53.54.020 and 1984 c 193 s 1 are each amended to read as follows:
((Prior to)) (1)
Before initiating programs as authorized in this chapter, the port
commission shall ((undertake the investigation and monitoring of)) investigate
and monitor aircraft noise impacts to determine the nature and
extent of the impacts, and shall develop aircraft noise exposure maps
diagramming the DNL (Day-Night Level) contour of the noise-impacted areas.
Investigation and monitoring must occur periodically as required under 14
C.F.R. Sec. 150.21(a), and the investigation and monitoring must conform to the
methodologies accepted and recommended by the Federal Aviation Administration
for measuring noise impacts.
(2) The port
commission shall adopt a program of noise impact abatement based upon the
investigations and as amended periodically to conform to needs demonstrated by
the monitoring programs((: PROVIDED, That)). However, in no
case may the port district undertake any of the programs of this chapter ((in
an area which is more than six miles beyond the paved end of any runway or more
than one mile from the centerline of any runway or from an imaginary runway
centerline extending six miles from the paved end of such runway. Such areas
as determined above, shall be known as "impacted areas")) outside
a noise-impacted area. For purposes of this chapter, a noise-impacted area is
defined as the approximate area exposed to noise levels of 65 DNL or greater,
or as identified by the Federal Aviation Administration, as shown on the noise
exposure map for the most recent year produced by the port commission and
accepted by the Federal Aviation Administration.
(3) As part of its noise-monitoring activities for the Seattle-Tacoma International Airport, the port district shall affix and maintain at least six noise-monitoring devices located within neighborhoods located both inside and outside the area designated 65 DNL on the port's most recent noise exposure map. These devices must monitor noise levels continuously throughout the year. The port district shall use data generated by these noise-monitoring devices in developing required updates to the noise contour maps.
Sec. 2. RCW 53.54.030 and 1993 c 150 s 1 are each amended to read as follows:
For the purposes of
this chapter, in developing a remedial program, the port commission may ((utilize))
use one or more of the following programs:
(1) Acquisition of property or property rights within the impacted area, which shall be deemed necessary to accomplish a port purpose. The port district may purchase such property or property rights by time payment notwithstanding the time limitations provided for in RCW 53.08.010. The port district may mortgage or otherwise pledge any such properties acquired to secure such transactions. The port district may assume any outstanding mortgages.
(2) Transaction
assistance programs, including assistance with real estate fees and mortgage
assistance, and other neighborhood remedial programs as compensation for
impacts due to aircraft noise and noise associated conditions. Any such
programs shall be in connection with properties located within an impacted area
and shall be ((provided upon terms and conditions as the port district shall
determine appropriate)) administered in accordance with applicable
federal regulations.
(3) Programs of soundproofing structures located within an impacted area. Such programs may be executed without regard to the ownership, provided the owner waives damages and conveys an easement for the operation of aircraft, and for noise and noise associated conditions therewith, to the port district.
(a) When conducting noise programs for soundproofing structures located within the impacted area of the Seattle-Tacoma International Airport, the port commission shall use the services of a firm specializing in acoustical insulation to specify the types of insulation to be provided in the program and to be consulted as to how the program is to be administered. If the Federal Aviation Administration does not conduct an audit of the program at least every two years, the port shall hire a private firm to audit the program to ensure that it meets the criteria of the applicable federal regulations.
(b) The port commission shall not provide insulation for structures located in areas exposed to noise levels of 75 DNL or greater unless included in a federally approved program. Noise compatibility programs must be administered in accordance with applicable state and federal statutes and regulations.
(c) If any habitable structure within the noise impact area cannot be insulated to reduce the noise level below 45 DNL, the port commission shall place the property on the list of properties eligible for acquisition under subsection (1) of this section.
(4) Mortgage insurance of private owners of lands or improvements within such noise impacted area where such private owners are unable to obtain mortgage insurance solely because of noise impact. In this regard, the port district may establish reasonable regulations and may impose reasonable conditions and charges upon the granting of such mortgage insurance: PROVIDED, That such fees and charges shall at no time exceed fees established for federal mortgage insurance programs for like service.
(5) An individual property may be provided benefits by the port district under each of the programs described in subsections (1) through (4) of this section. However, an individual property may not be provided benefits under any one of these programs more than once, unless the property is subjected to increased aircraft noise or differing aircraft noise impacts that would have afforded different levels of mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement.
(6) Management of all lands, easements, or development rights acquired, including but not limited to the following:
(a) Rental of any or all lands or structures acquired;
(b) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning and the state environmental policy;
(c) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security transaction: PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.
(7) A property shall be considered within the impacted area if any part thereof is within the impacted area.
NEW SECTION. Sec. 3. A new section is added to chapter 53.54 RCW to read as follows:
When conducting appraisals of noise-impacted properties in conjunction with transaction assistance programs, the port commission shall use comparable properties located outside the impacted area when determining the fair market value of the subject property."
SB 5361 - S AMD
By Senators Haugen and Winsley
ADOPTED 3/14/95
In line 1 of the title, after "noise;" strike the remainder of the title and insert "amending RCW 53.54.020 and 53.54.030; and adding a new section to chapter 53.54 RCW."
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