AN ACT Relating to airport noise abatement and planning; adding a new section to chapter 70.107 RCW; adding a new chapter to Title 82 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) "Airport mitigation activities" means actions taken by public bodies to identify, reduce, prevent, mitigate, or regulate the impacts of an airport on the surrounding community including but not limited to (a) imposing aircraft noise performance standards for airports, (b) purchasing, managing, and reusing property adjoining airports, (c) insulating buildings impacted by aircraft noise, (d) providing law enforcement assistance, and (e) providing mass transit assistance.

(2) "Airport improvements" means acquiring, establishing, constructing, enlarging, improving, maintaining, equipping, or operating airport or air navigation and related facilities including, but not limited to, activities authorized by chapter 47.68 RCW.

(3) "Airport planning" means preparation and development of plans, studies, site analysis, and engineering analysis of new regional airport facilities including, but not limited to, activities authorized by chapter 47.68 RCW.

NEW SECTION. Sec. 2. (1) There is imposed and there shall be collected from every operator or owner of an air carrier or supplemental air carrier operating under authority of the federal aviation administration regulation, part 121, an airport landing and departure fee as follows:

(a) The fees imposed under this section shall apply only to landings and departures by any air carrier or supplemental air carrier under this subsection operating at any airport in a county of one million population or more.

(b) Effective September 1, 1990, landing and departure fees imposed on aircraft under this subsection operating at any airport under (a) of this subsection are as follows:

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

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

(c) Effective January 1, 1994, landing and departure fees imposed on aircraft under this subsection operating at any airport under (a) of this subsection 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.

(d) Effective January 1, 1996, landing and departure fees imposed on aircraft under this subsection operating at any airport under (a) of this subsection are as follows:

(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.

(e) All stage three aircraft operating under federal aviation administration regulations, part 36, that lands or departs from any airport under (a) of this subsection shall be exempt from eighty percent of the fees imposed under this section.

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

(a) Aircraft when used for testing or experimental purposes;

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

(d) Aircraft for personal, noncommercial use.

(3) Moneys collected under this section shall be deposited in the airport improvement and noise abatement account.

NEW SECTION. Sec. 3. The department of licensing shall adopt rules to implement 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 local airport officials. In collecting the proceeds from the fees imposed under section 2 of this act, the department of licensing shall use moneys from the amount distributed under section 4(2)(a) of this act to defray costs caused by impacts to local airports if local airport personnel are used in the collection process.

NEW SECTION. Sec. 4. (1) The airport improvement and noise abatement account is created in the state treasury. All receipts from the tax imposed under section 2 of this act shall be deposited in the account. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for airport improvements, aircraft noise abatement activities, and airport planning activities.

(2) The state treasurer shall distribute moneys from the airport improvement and noise abatement account quarterly as follows:

(a) Two percent to the department of licensing to defray the cost of administration pursuant to this chapter.

(b) Fifty percent to the department of community development for aircraft noise abatement and mitigation activities as defined in RCW 82.42.010.

(d) Eight percent to the department of transportation for use by the airport planning and site evaluation commission created by section 7 of this act.

(3) With respect to the fifty percent distribution to the department of community development for aircraft noise abatement and mitigation, the department and the airport planning and site evaluation commission shall cooperate to develop a plan for the expenditure of these moneys. The plan shall include provisions for a grant or loan program to assist public bodies impacted by the Seattle-Tacoma airport and Boeing field.

(4) With respect to the forty percent distribution to the department of transportation for airport improvements, the department and the airport planning and site evaluation commission, created by section 7 of this act, shall cooperate to develop a plan for the expenditure of these moneys. The plan shall include provisions for a grant or loan program to assist public bodies with airport improvements. The Seattle-Tacoma airport and Boeing field are not eligible to receive funding for airport improvements.

(5) With respect to the five percent distribution to the airport planning and site evaluation commission, the commission shall cooperate with the department of transportation to develop a plan for the expenditure of these moneys.

(6) Any moneys planned for distribution or ultimately distributed to local governments pursuant to this chapter shall be used in addition to, and not as a substitute for, moneys currently used by a local government for the purposes specified in this chapter.

NEW SECTION. Sec. 5. The department of community development, department of transportation, and the airport planning and site evaluation commission shall jointly prepare recommendations pursuant to the requirements of section 4 of this act and report their recommendations for the expenditure and disbursement of the money collected under section 2 of this act to the house of representatives appropriations committee, senate ways and means committee and legislative transportation committee no later than September 1, 1990. No expenditure of funds may occur prior to approval of plans by the committees under this section.

NEW SECTION. Sec. 6. A new section is added to chapter 70.107 RCW to read as follows:

The department of ecology is directed to develop and implement airport noise standards pursuant to this chapter. The department of community development shall provide a portion of the funding authorized in section 4(2)(b) of this act to the department of ecology for the development and implementation of airport noise standards.

NEW SECTION. Sec. 7. (1) The airport planning and site evaluation commission is created to review commercial aviation service to all communities, develop a state-wide long-range air transportation plan, and recommend future airport siting policy to the legislature. The commission shall consist of twenty-one voting members.

(2) The governor shall appoint fifteen members, to represent the following:

(a) One city representative, who shall be an elected city official;

(b) One county representative, who shall be an elected county official;

(d) Two citizens from Western Washington to represent the private sector;

(e) One member representing an airline;

(f) One member representing a labor organization that includes workers in the airline industry;

(g) One noise expert;

(h) One member representing the federal aviation administration;

(i) One member representing environmental interests;

(j) Two members representing public ports; and

(k) Two members representing economic development councils.

(3) The six remaining members shall be:

(a) The secretary of transportation or a designee;

(b) The director of community development or a designee; and

(c) Four members of the legislature, two members of the house of representatives appointed by the speaker of the house, one each from the majority and minority caucuses, and two members of the senate appointed by the president of the senate, one each from the majority and minority caucuses.

NEW SECTION. Sec. 8. The commission shall choose a chair from among its membership and shall adopt rules related to its powers and duties. Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 44.04.120, as appropriate. Members appointed by the governor shall be compensated in accordance with RCW 43.03.220. Expenses of the commission shall be paid from the airport improvement and noise abatement account. The commission has all powers and may employ staff necessary to carry out its duties as prescribed by sections 7 through 9 of this act. The commission shall be dissolved on June 30, 1996.

NEW SECTION. Sec. 9. The commission shall develop a long-range air transportation development plan which addresses the following issues:

(1) State-wide passenger and cargo service needs;

(2) Current capacity of facilities;

(3) Economic feasibility of new facilities including the economic impact to communities;

(4) Environmental criteria and standards for the siting of airport facilities;

(5) Alternative financing plans for airport development; and

(6) Other recommendations the commission deems appropriate.

The commission shall provide the long-range air transportation development plan to the legislature no later than September 15, 1991. The commission in preparing the plan shall draw upon information gathered by the aeronautics commission, as well as any other state, federal or local entity involved in aviation related transportation issues including but not limited to the Puget Sound council of governments and the port of Seattle flight plan steering committee.

NEW SECTION. Sec. 10. Sections 1 through 5 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 11. This act shall take effect on July 1, 1990.