BP BHEAD INT H

AN ACT Relating to areas impacted by aircraft noise; amending RCW 53.54.020 and 53.54.030; adding new sections to chapter 53.54 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 Ldn (level day-night) 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 area exposed to noise levels of 65 Ldn and greater as shown on the noise exposure map produced by the port commission and submitted to the federal aviation administration for the most recent year.

(3) As part of its noise-monitoring activities, the port district shall affix and maintain not less than six noise-monitoring devices to be evenly distributed within neighborhoods located outside the area designated 65 Ldn on the port's most recent noise exposure map. These devices shall monitor noise levels continuously throughout the year, and shall be moved only as necessary to be located outside of the 65 Ldn contour. Data generated by these noise-monitoring devices shall be used by the port district 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 an impacted area having noise levels below 75 Ldn, the port commission shall use the services of a Washington state professional engineer experienced in the field of acoustics to review the installation of noise insulation in each structure. The engineer shall certify that the interior noise levels in all habitable rooms of the soundproofed structure do not exceed 45 Ldn over a continuously monitored two-week period. If the structure cannot be insulated to reduce the noise level below 45 Ldn, the port commission shall place the property on the list of properties eligible for acquisition under subsection (1) of this section. (b) The port commission shall not provide insulation for structures located in areas exposed to noise levels of 75 Ldn or greater. Noise compatibility programs must be administered in accordance with applicable state and federal statutes and regulations.

(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 property acquisition or 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.

NEW SECTION. Sec. 4. A new section is added to chapter 53.54 RCW to read as follows:

The legislature finds that agreements requiring property owners to waive damages caused by the operation of aircraft in exchange for noise mitigation programs are contrary to sound public policy. Therefore, the legislature declares agreements requiring persons to waive damages and convey easements for the operation of aircraft, and for noise and noise associated conditions, are void as against public policy and are of no force and effect.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.