HOUSE BILL REPORT

HB 2713

BYRepresentatives Locke, Brough, Hine, Horn, Ferguson, Van Luven, Chandler, G. Fisher, Anderson, Valle, O'Brien, Jacobsen, Smith, Heavey, Leonard, May, Wineberry and Brekke

Adding provisions relating to airport noise abatement and planning.

House Committe on Transportation

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (20)

      Signed by Representatives R. Fisher, Chair; R. Meyers, Vice Chair, Western Washington; Basich, Bennett, Betrozoff, Cooper, Day, G. Fisher, Forner, Gallagher, Heavey, Kremen, Nelson, Prentice, Prince, Smith, D. Sommers, Todd, Walker and Zellinsky.

Minority Report:  Do not pass.  (5)

      Signed by Representatives Baugher, Vice Chair, Eastern Washington; Schmidt, Ranking Republican Member; Wood, Assistant Ranking Republican Member; Hankins and S. Wilson.

House Staff:Louise Bray Sandison (786-7322)

AS REPORTED BY COMMITTEE ON TRANSPORTATION FEBRUARY 20, 1990

BACKGROUND:

Over the last few years there have been increasing concerns raised by individual citizens and by local jurisdictions in the Puget Sound region about aircraft noise, particularly in the late night and early morning hours.  To address these concerns, the Port of Seattle established a Noise Abatement Mediation Project in late 1988, involving airport users, airline pilots, the Federal Aviation Administration (FAA), airlines, the Port of Seattle, and communities organized by geographic areas. The mediation group's recommendations on noise control are expected in March.

The Federal Aviation Administration recently announced its plans to change flight paths by this summer for landings at Sea- Tac, stating that existing airways over Seattle are too congested, causing landing delays.  The FAA's proposed landing route plan will open up new approach routes over the city and the eastside, allowing two streams of planes to approach Sea-Tac, increasing the airport's landing rate from 42 to 56 airplanes an hour.  Many of the local communities are concerned that the FAA did not wait for the Noise Mediation Project's recommendations, and that there will be continued late night and early morning air activity.

The Seattle-Tacoma International Airport is owned and operated by the Port of Seattle.  It is ranked 23rd among U.S. airports in passenger volume and 17th among U.S. airports in air cargo volume. A recent FAA statement estimated that it is the fifth most congested international airport.  Sea-Tac has two runways.  The east runway is 11,900 feet in length and the west runway is 9,425 feet, illuminated for 24-hour operation.

Boeing Field is owned and operated by King County.  It has been listed as one of the top 12 busiest airports in the U.S. in landings and takeoffs.  It is used primarily by corporate businesses, air cargo shipment, flight training and by the Boeing Corporation.  Boeing Field has two runways.  The west runway is 10,000 feet in length, and the east runway is 3,780 feet, illuminated for 24-hour operation.

SUMMARY:

SUBSTITUTE BILL:  "Aircraft noise mitigation activities" are defined as actions taken by public bodies to identify, reduce, prevent, mitigate or regulate the impacts of aircraft noise on surrounding communities.

An aircraft landing and departure fee is imposed on commercial air carriers designated as FAA 121 aircraft, including cargo carriers, operating in a county of one million population (King County).

The fee is determined by the landing and departure time.

Effective July 1, 1990, a $25 fee applies to all commercial carriers that land or depart from Sea-Tac or Boeing Field between the hours of 7:00 a.m. and 11:00 p.m.  Effective January 1, 1994, the fee applies to landings and departures between 8:00 a.m. and 10:00 p.m.  Effective January 1, 1996, the fee applies to landings and departures between 9:00 a.m. and 9:00 p.m.

Effective July 1, 1990, a $50 fee applies to all commercial carriers that land or depart from Sea-Tac or Boeing Field between the hours of 11:01 p.m. and 6:59 a.m.  Effective January 1, 1994, the fee would apply to landings and departures between 10:01 p.m. and 7:59 a.m.  Effective January 1, 1996, the fee applies to landings and departures between 9:01 p.m. and 8:59 a.m.

Eighty percent of the fee is waived for stage three aircraft equipped with the quieter engines.

Exemptions from the fee are also provided for aircraft when used for testing or experimental purposes, for the training of flight crews in the state, for the delivery of aircraft to purchasers from the manufacturer, and for aircraft used for noncommercial or personal use.

The Department of Licensing shall adopt rules for administering the landing and departure fees, consulting with the FAA, State Department of Transportation and local airport officials.  DOL shall contract with local port districts for collection services.  The contract may provide for a service charge up to 2 percent of the fees collected.

The Airport Noise Mitigation Account is created in the State Treasury.  Departure and landing fees are deposited in this account. Expenditures from the account may be used only for airport aircraft noise mitigation activities and to reimburse DOL for its costs of collection.

The Department of Transportation shall develop recommendations for funding airport noise mitigation activities and report these recommendation to the Legislative Transportation Committee, the Appropriations Committee of the House of Representatives, and the Senate Ways and Means Committee by January 1, 1991. No expenditure of funds appropriated to the Department may occur prior to approval of plans by the three committees.  The recommendations shall include provisions for a grant or loan program to assist public bodies with noise mitigation activities.

Any moneys distributed to local governments through this chapter shall not be substituted for moneys currently used for these purposes by the local government.

Sections 1 through 5 are designated as a new chapter in Title 82 RCW.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill limits the use of monies raised by the landing and departure fees to noise mitigation activities.  Monies raised by the fees are subject to appropriation to the Department of Transportation (DOT).  The Airport Planning and Site Evaluation Commission is deleted.

The DOT has sole responsibility for making recommendations to the committees on funding noise mitigation activities.

The appropriation is deleted.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Requested January 28, 1990.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    John Whitlock, Vashon Community Council; John Musgrave, citizen; and Don Padelford, citizen.

House Committee - Testified Against:      Geoff Gibbs, Air Transport Association; Steve Sewell, Port of Seattle; and Joe Sims, Sea-Tac International Airport.

House Committee - Testimony For:    The legislation will raise $7 million per year, to be divided equally between noise mitigation purposes and a state commission responsible for the planning, siting, construction and improvements of other airports throughout the state.  Money is needed to insulate homes against noise, to determine use of the condemned property north and south of the airport, and for strategy planning to encourage airlines to improve their routes and use airplanes with quieter engines.  Landing fees charged at night will be an incentive for airlines to schedule fewer night flights.  Eighty percent of the landing fees will be eliminated when the quieter stage three engines are used.  Many citizen groups have studied noise abatement with little to show for it.  The Legislature and the state must enter the noise mitigation process, or the air noise and traffic will increase.

House Committee - Testimony Against:      Although Sea-Tac is largely funded by the fees that the airline industry pays to airports, the airline industry is under-represented on the proposed commission.  The landing fees are established before the goals of the commission are determined.  Although major airlines have ordered stage three aircraft, it will be impossible to replace all stage two aircraft within five years due to a backlog of orders at aircraft manufacturing companies.  The Sea-Tac Noise Mediation Panel is expected to present its recommendations on noise abatement on March 31, 1990.  Passage of this legislation will jeopardize this 16-month effort.  Federal statutes setting forth uses for landing fees preempt state laws.