AN ACT Relating to airport noise abatement and planning; adding a new chapter to Title 82 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. "Aircraft noise mitigation activities" means actions taken by public bodies to identify, reduce, prevent, mitigate, or regulate the impacts of aircraft noise on the surrounding community including but not limited to purchasing, managing, and reusing property adjoining airports, and insulating buildings impacted by aircraft noise.

NEW SECTION. Sec. 2. (1) An airport landing and departure fee is imposed on every operator or owner of an aircraft operating under authority of the federal aviation administration regulations, part 121, and other jet cargo aircraft, and shall be collected by the department of licensing as provided in section 3 of this act. The fee applies only to landings and departures of aircraft regulated under this section operating at any airport in a county of one million population or more.

(a) Effective July 1, 1990, landing and departure fees are as follows:

(i) A twenty-five dollar fee is imposed on landings or departures between 7:00 a.m. and 11:00 p.m.

(ii) A fifty dollar fee is imposed on landings or departures between 11:01 p.m. and 6:59 a.m.

(b) Effective January 1, 1994, landing and departure fees are as follows:

(i) A twenty-five dollar fee is imposed on landings or departures between 8:00 a.m. and 10:00 p.m.

(ii) A fifty dollar fee is imposed on landings or departures between 10:01 p.m. and 7:59 a.m.

(i) A twenty-five dollar fee is imposed on landings or departures between 9:00 a.m. and 9:00 p.m.

(ii) A fifty dollar fee is imposed on landings or departures between 9:01 p.m. and 8:59 a.m.

(2) All stage three aircraft complying with federal aviation administration regulations, part 36, are exempt from eighty percent of the fees imposed under this section.

(3) The fees imposed under this section do not apply to aircraft:

(a) When used for testing or experimental purposes;

(b) When the operation is for the training of flight crews in Washington state;

(d) Used for personal, noncommercial purposes.

NEW SECTION. Sec. 3. The department of licensing shall adopt rules to implement collection of the aircraft landing and departure fees imposed under section 2 of this act. The department shall consult with the federal aviation administration, state department of transportation, and affected port district officials. In collecting the proceeds from the fees imposed under section 2 of this act, the department of licensing shall contract with port district authorities for administration and collection services. The contract may provide for a service charge not to exceed two percent of the fees collected.

NEW SECTION. Sec. 4. (1) The aircraft noise mitigation account is created in the state treasury. All fees imposed under section 2 of this act shall be deposited in the account. All earnings of investments of balances in the aircraft noise mitigation account shall be credited to the aircraft noise mitigation account. Moneys in the account may be appropriated only for aircraft noise mitigation activities and to offset the department of licensing's costs of collection.

(2) Any moneys distributed to a port district pursuant to this chapter shall be used in addition to, and not as a substitute for, moneys currently used by the port district for the purposes specified in this chapter.

NEW SECTION. Sec. 5. (1) The department of transportation shall present its recommended plan for funding aircraft noise mitigation activities to the house of representatives appropriations committee, senate ways and means committee and legislative transportation committee no later than January 1, 1991. No expenditure of moneys appropriated to the department of transportation from the aircraft noise mitigation account may occur prior to approval of the plan by the committees under this section.

(2) The department of transportation shall develop a plan for funding aircraft noise mitigation activities. The plan shall include provisions for a grant or loan program to assist public bodies impacted by aircraft noise generated by airport operations located in a county of one million population or more.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 7. 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 shall take effect immediately.