BILL REQ. #:  H-2730.5 

Read first time 04/25/2003.   Referred to Committee on Local Government.

     AN ACT Relating to establishing aviation mitigation zones for large regional airports; adding a new section to chapter 36.70A RCW; adding a new section to chapter 84.08 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 84.55 RCW; adding a new section to chapter 43.79 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that large regional airports are facilities of statewide benefit that qualify as essential public facilities as described in the growth management act. The legislature further finds that the continued public and private use of large regional airports provides numerous benefits to commerce and individuals as a job maker by moving goods to and from markets, and by fostering travel for personal, recreational, and business-related pursuits. However beneficial to regional and statewide interests, the large regional airports create substantial impacts to local communities, impacts that often prove financially disadvantageous and detrimental to the quality of life for residents in the surrounding areas.
     In recognition of the inequitable burden borne by such residents, the legislature intends to establish a mechanism to mitigate the impacts of large regional airports for the residents most affected by the activities traditionally associated with those airports.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     (1) On or before October 1, 2003, the department shall establish an aviation mitigation zone for any large regional airport located in the state of Washington. An aviation mitigation zone shall only include the following:
     (a) Cities with a population fewer than forty thousand adjacent to the city within which the large regional airport is located;
     (b) Cities with a population fewer than ten thousand adjacent to a city qualifying for inclusion in the mitigation zone according to the criteria established by (a) of this subsection; and
     (c) Any portion of any incorporated or unincorporated area that is within a 60 Ldn noise level contour of the large regional airport as determined by the aircraft noise measurement methodology described in 14 C.F.R., Appendix A to Part 150 -- Noise Exposure Maps, as of the effective date of this act.
     (2)(a) For the purposes of this section, "Ldn" means yearly day-night average sound level.
     (b) For the purposes of this section, "large regional airport" means an airport serving more than twenty scheduled jet aircraft flights per day operated by a port district in a county with a population greater than one million.

NEW SECTION.  Sec. 3   A new section is added to chapter 84.08 RCW to read as follows:
     (1) For the purposes of establishing aviation mitigation zones in accordance with the provisions of section 2 of this act, on or before September 15, 2003, the department shall develop a noise exposure map for any large regional airport meeting the criteria established by section 2 of this act. The noise exposure map shall be prepared in accordance with the methodology described in 14 C.F.R., Appendix A to Part 150 -- Noise Exposure Maps, as of the effective date of this act. The noise exposure map shall include a 60 Ldn noise level contour. The department may use noise exposure data collected or produced by an applicable port district when developing a noise exposure map required by this section.
     (2) For the purposes of this section, "Ldn" has the same meaning as in section 2 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 84.36 RCW to read as follows:
     (1) If any portion of a tract or parcel of real property is within an aviation mitigation zone established under section 2 of this act, the entire tract or parcel is exempt from port taxes.
     (2) If any portion of a tract or parcel of real property is within an aviation mitigation zone established under section 2 of this act, the entire tract or parcel is exempt from property taxes levied for any state purpose.
     (3) The county assessor shall not require an exemption application for properties that the assessor knows are eligible for exemption under this section based on an aviation mitigation zone established under section 2 of this act. However, a property owner may submit a written request to the assessor requesting exemption under this section. After determining whether the property is eligible for exemption under this section, the assessor shall give written notice of denial or approval to the property owner within thirty days of the date the request was received. A denial may be appealed to the board of equalization of the county in which the property is located within thirty days of the date the denial notice is mailed.
     (4) For the purposes of this section, "port taxes" means taxes imposed by a port district that operates a large regional airport for which an aviation mitigation zone is established under section 2 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 84.55 RCW to read as follows:
     The levy for a taxing district in any year shall be reduced as necessary to prevent exemptions under section 4(1) of this act from resulting in a higher tax rate than would have occurred in the absence of the exemptions under section 4(1) of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 43.79 RCW to read as follows:
     (1) The aviation mitigation account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for aviation mitigation purposes within the following:
     (a) Any city included wholly or partially within the aviation mitigation zone established by section 2 of this act; and
     (b) Any unincorporated territory included within the aviation mitigation zone established by section 2 of this act.
     (2) Only the director of the department of community, trade, and economic development or the director's designee may authorize expenditures from the account established by this section.

NEW SECTION.  Sec. 7   Section 4 of this act applies to taxes levied for collection in 2004 and thereafter.

NEW SECTION.  Sec. 8   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.