BP BHEAD INT H [atlas:bill]

AN ACT Relating to aircraft noise abatement; amending RCW 53.54.010, 53.54.030, 53.54.040, 53.36.020, 14.08.020, and 14.08.100; adding new sections to chapter 53.54 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. A new section is added to chapter 53.54 RCW to read as follows:

The legislature finds that aircraft noise at large airports negatively affects the education of children at schools located near the airports. It interferes with speech, distracts students and teachers, makes it more difficult to concentrate, and generally interferes with the education process. The legislature finds that the optional noise abatement provisions in this chapter, first enacted in 1974, have not resulted in adequate aircraft noise abatement for many schools located near large airports owned by port districts. The legislature intends to mandate that port districts operating a large airport, whether currently existing or created in the future, provide resources for noise abatement to schools impacted by large airports. The revenues provided under this act are intended to supplement other resources available to the port district, including federal funds and operating revenue that can be used for noise abatement.

Sec. 2. RCW 53.54.010 and 1974 ex.s. c 121 s 1 are each amended to read as follows:

(1) A port district operating an airport ((~~serving more than twenty scheduled jet aircraft flights per day~~)) may undertake any of the programs or combinations of such programs, as authorized by this chapter, for the purpose of alleviating and abating the impact of jet aircraft noise on areas surrounding such airport. A port district may assist public schools in paying for, in addition to direct expenses, reasonable indirect costs resulting from noise abatements necessitated by aircraft noise from an airport operated by the district, including bringing the buildings up to code to obtain a building permit.

(2) A port district with a population of one million or more operating an airport serving more than twenty scheduled jet aircraft flights per day must undertake a program or programs for alleviating and abating the impact of jet aircraft noise on areas surrounding the airport, particularly area schools.

Sec. 3. RCW 53.54.030 and 1993 c 150 s 1 are each amended to read as follows:

For the purposes of this chapter, except with respect to schools, in developing a remedial program, the port commission may utilize 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.

(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.

(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. 4. A new section is added to chapter 53.54 RCW to read as follows:

(1) A port district operating an airport may undertake a program or programs to pay for the direct costs of noise abatement in schools in an impact area.

(2) For remedial programs for public schools as authorized or required under RCW 53.54.010, a port district operating an airport may expend money to assist school districts in constructing, improving, or repairing school facilities when the construction, improvement, or repair is in any way related to or necessitated by noise abatement. However, a port district with a population of one million or more operating an airport serving more than twenty scheduled jet aircraft flights per day must expend money to assist school districts in constructing, improving, or repairing public school facilities when the construction, improvement, or repair is in any way related to or necessitated by noise abatement. For public schools, the noise abatement program must be completed to a standard similar to the noise and air quality standards that exist in similar schools outside the impacted area. If federal funds or certain airport revenue under federal law, based on an attorney general opinion, cannot be used for some of the assistance for schools authorized or required under this section or RCW 53.54.010, the port must use other revenues or moneys, including property taxes, that are not specifically restricted and the use of which does not impair contracts or obligations in existence on the effective date of this act.

(3) A school shall be considered within the impacted area if any part of the school is within the impacted area.

Sec. 5. RCW 53.54.040 and 1974 ex.s. c 121 s 4 are each amended to read as follows:

A port district may establish a fund to be utilized in effectuating the intent of this chapter. The port district may finance such fund by: The proceeds of any grants or loans made by federal agencies; rentals, charges and other revenues as may be generated by programs authorized by this chapter, airport revenues; and revenue bonds based upon such revenues. The port district may also finance such fund, as necessary, in whole or in part, with the proceeds of general obligation bond issues of not more than one-eighth of one percent of the value of taxable property in the port district: PROVIDED, That any such bond issue shall be in addition to bonds authorized by RCW 53.36.030: PROVIDED FURTHER, That any such general obligation bond issue may be subject to referendum by petition as provided by county charter, the same as if it were a county ordinance. For public schools, the port district may use revenues from property taxes under RCW 53.36.020.

Sec. 6. RCW 53.36.020 and 1973 1st ex.s. c 195 s 56 are each amended to read as follows:

(1) A district may raise revenue by levy of an annual tax not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district for general port purposes, including the establishment of a capital improvement fund for future capital improvements, except that any levy for the payment of the principal and interest of the general bonded indebtedness of the port district shall be in excess of any levy made by the port district under the forty-five cents per thousand dollars of assessed value limitation. The levy shall be made and taxes collected in the manner provided for the levy and collection of taxes in school districts of the first class.

(2) A port district with a population of one million or more operating an airport serving more than twenty scheduled jet aircraft flights per day must use at least ten percent of the taxes collected annually under this section for unmet noise abatement needs for public schools under chapter 53.54 RCW, or as much of the amount under this subsection that does not directly impair contracts or obligations existing on the effective date of this act. This subsection does not limit the amount a port district may spend for noise abatement programs, and is not intended to define noise abatement needs.

Sec. 7. RCW 14.08.020 and 1961 c 74 s 1 are each amended to read as follows:

The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation facilities, the mitigation of noise impacts arising from the operation of the airport facilities and aircraft using the airport facilities, and the exercise of any other powers herein granted to municipalities, are hereby declared to be public, governmental, county and municipal functions, exercised for a public purpose, and matters of public necessity, and such lands and other property, easements and privileges acquired and used by such municipalities in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired and used for public, governmental, county and municipal purposes and as a matter of public necessity.

Sec. 8. RCW 14.08.100 and 1959 c 231 s 1 are each amended to read as follows:

(1) The governing bodies having power to appropriate moneys within the municipalities in this state for the purpose of acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports and other air navigation facilities under the provisions of this chapter, including the mitigation of noise impacts arising from the airport and its operations, are hereby authorized to appropriate and cause to be raised by taxation or otherwise in such municipalities, moneys sufficient to carry out therein the provisions of this chapter.

(2) The revenues obtained from the ownership, control and operation of any such airport or other air navigation facility shall be used, first, to finance the maintenance and operating expenses thereof, and, second, to make payments of interest on and current principal requirements of any outstanding bonds or certificates issued for the acquisition or improvement thereof, and to make payment of interest on any mortgage heretofore made. Revenues in excess of the foregoing requirements may be applied to finance the extension or improvement of the airport or other air navigation facilities, and to construct, maintain, lease, and otherwise finance buildings and facilities for industrial or commercial use: PROVIDED, That such portion of the airport property to be devoted to said industrial or commercial use be first found by the governing body to be not required for airport purposes.

NEW SECTION. Sec. 9. (1) When a port district with a population of at least one million and serving more than twenty scheduled jet aircraft flights per day and a school district cannot agree on a method to mitigate noise from airplane operations as required under section 4(2) of this act, the dispute shall be resolved as follows:

(a) The port district shall pay for all direct noise abatement costs, and half of all indirect noise abatement costs;

(b) The school district shall pay at least twenty-five percent of indirect noise abatement costs; and

(c) The state may provide up to twenty-five percent of indirect expenses. If the state has not appropriated any funds or sufficient funds for purposes of noise abatement in public schools, the school district shall pay the difference up to half the indirect costs.

(2)(a) If the port district with a population of at least one million and serving more than twenty scheduled jet aircraft flights per day and a school district cannot agree on the costs of the noise abatement or what is a direct expense and what is an indirect expense, the port and the school district shall refer the matter or matters to arbitration. The arbitration process shall be administered by the Thurston county superior court. The arbitration process shall begin upon the application of either a port or school district to the Thurston county superior court, with notice to the other party. The arbitrators shall be chosen as follows:

(i) One chosen by the port district;

(ii) One chosen by the school district; and

(iii) One chosen by the two arbitrators appointed under (a)(i) and (ii) of this subsection. If the two arbitrators cannot agree on a third, the court shall appoint the third arbitrator.

(b) RCW 7.04.070, 7.04.080, 7.04.090, 7.04.100, 7.04.110, 7.04.120, 7.04.140, and 7.04.170 shall apply to arbitration under this subsection (2).

(c) The court shall set a reasonable time, not to exceed ninety days unless the court makes a finding that more time is necessary, for the arbitrators to reach a decision. If the arbitrators cannot reach a decision within the time established by the court, the court shall decide the matter or matters in dispute.

(d) The arbitration costs under this subsection (2) shall be paid for as follows: The port district shall pay three-fourths and the school district one-fourth.

(e) The decision of the arbitrators, or the court if the arbitrators cannot reach a decision, is final once it is confirmed by the court and there is no right of appeal of a decision under this subsection (2).

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.