093_HB1338ham002











                                     LRB093 07122 DRH 13951 a

 1                    AMENDMENT TO HOUSE BILL 1338

 2        AMENDMENT NO.     .  Amend House Bill 1338  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to air transportation."; and

 5    by  replacing  every thing after the enacting clause with the
 6    following:

 7        "Section 1.  Short title. This Act may be  cited  as  the
 8    County Air Corridor Protection Act.

 9        Section 5.  Definitions. As used in this Act:
10        (a)  "Air  Installation  Compatible Use Zone Study" means
11    the study conducted by  the  United  States  Air  Force  that
12    reaffirms  the policy of promoting public health, safety, and
13    general welfare in the areas surrounding Air Force bases.
14        (b)  "Clear zones and runway protection zones"  mean  the
15    zones  that  have  the  highest  potential  for  an  aircraft
16    accident  among  the  safety  zones  designated by the United
17    States Air Force around an Air Force base.
18        (c)  "Accident potential zones I" mean  the  zones  that,
19    other  than clear zones and runway protection zones, have the
20    highest potential for an aircraft accident among  the  safety
21    zones designated by the United States Air Force around an Air
 
                            -2-      LRB093 07122 DRH 13951 a
 1    Force base.
 2        (d)  "Accident  potential  zones II" mean the zones that,
 3    other than  clear  zones  and  runway  protection  zones  and
 4    accident potential zones I, have the highest potential for an
 5    aircraft  accident  among the safety zones established by the
 6    United State Air Force around an Air Force base.
 7        (e)  "Sixty-five decibel A-weighted noise contour"  means
 8    the noise level that has been determined by the United States
 9    Air  Force  to  result  from  aircraft  operations and flight
10    tracks around an Air Force base.

11        Section 10. County land use authority. Any county with  a
12    United States Air Force installation with runways of at least
13    7,500  feet in length has the authority to protect the safety
14    of the community by controlling the use of land  around  that
15    installation,  notwithstanding  any ordinance of or authority
16    granted to any municipality. The county's land use  authority
17    is  limited  to  the  area designated in the Air Installation
18    Compatible Use Zone Study adopted by the  United  States  Air
19    Force  for  that  installation and the runways it occupies or
20    uses.

21        Section 15.  County eminent domain powers. If a land  use
22    exists  or  a  municipality  approves  a  land  use  that  is
23    incompatible  with  the  Air Installation Compatible Use Zone
24    Study, and any portion of the affected land is  within  areas
25    designated  in the Air Installation Compatible Use Zone Study
26    as  clear  zones  and  runway  protection   zones,   accident
27    potential  zones  I,  or  accident  potential zones II, or is
28    within the 65 decibel A-weighted noise  contour,  the  county
29    may use eminent domain to acquire either the fee simple title
30    to  that  portion of the affected land or the easement rights
31    in that portion of the affected land that are  necessary  for
32    the  compatible  land  use defined under the Air Installation
 
                            -3-      LRB093 07122 DRH 13951 a
 1    Compatible Use Zone Study. If  a  municipality  within  those
 2    zones  controls  the  use of land in a manner compatible with
 3    the Air Installation Compatible Use Zone  Study,  the  county
 4    does not have eminent domain authority.

 5        Section  99.  Effective  date.  This  act takes effect on
 6    becoming law.".