Public Act 099-0202
 
SB0636 EnrolledLRB099 03346 RJF 23354 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Aeronautics Act is amended by
changing Section 47 as follows:
 
    (620 ILCS 5/47)  (from Ch. 15 1/2, par. 22.47)
    Sec. 47. Operation without certificate of approval
unlawful; applications.) An application for a certificate of
approval of an airport or restricted landing area, or the
alteration or extension thereof, shall set forth, among other
things, the location of all railways, mains, pipes, conduits,
wires, cables, poles and other facilities and structures of
public service corporations or municipal or quasi-municipal
corporations, located within the area proposed to be acquired
or restricted, and the names of persons owning the same, to the
extent that such information can be reasonably ascertained by
the applicant.
    It shall be unlawful for any municipality or other
political subdivision, or officer or employee thereof, or for
any person, to make any alteration or extension of an existing
airport or restricted landing area, or to use or operate any
airport or restricted landing area, for which a certificate of
approval has not been issued by the Department; provided, that
no certificate of approval shall be required for an airport or
restricted landing area which was in existence and approved by
the Illinois Aeronautics Commission, whether or not being
operated, on or before July 1, 1945, or for the O'Hare
Modernization Program as defined in Section 10 of the O'Hare
Modernization Act; except that a certificate of approval shall
be required under this Section for construction of a new runway
at O'Hare International Airport with a geographical
orientation that varies from a geographical east-west
orientation by more than 10 degrees, or for construction of a
new runway at that airport that would result in more than 10 8
runways being available for aircraft operations at that
airport. The Department shall supervise, monitor, and enforce
compliance with the O'Hare Modernization Act by all other
departments, agencies, and units of State and local government.
    Provisions of this Section do not apply to special purpose
aircraft designated as such by the Department when operating to
or from uncertificated areas other than their principal base of
operations, provided mutually acceptable arrangements are made
with the property owner, and provided the owner or operator of
the aircraft assumes liabilities which may arise out of such
operations.
(Source: P.A. 93-450, eff. 8-6-03.)
 
    Section 10. The Permanent Noise Monitoring Act is amended
by changing Sections 5 and 15 as follows:
 
    (620 ILCS 35/5)  (from Ch. 15 1/2, par. 755)
    Sec. 5. Definitions. As used in this Act:
    (a) "Airport" means an airport, as defined in Section 6 of
the Illinois Aeronautics Act, that has more than 500,000
aircraft operations (take-offs and landings) per year.
    (a-1) "Airport sponsor" means any municipality, as defined
in Section 20 of the Illinois Aeronautics Act, that can own and
operate an airport.
    (a-3) "Annual community noise equivalent level" or "annual
CNEL" means the average sound level (on an energy basis), in
decibels, of the daily community noise equivalent level over a
12-month period. The annual CNEL is calculated by the
following:
 
Annual CNEL = 10 log 10 [(1/365) SIGMA antilog (CNEL(i)/10)]

 
Where:
        (1) CNEL(i) = the daily CNEL for each day in a
    continuous 12-month period; and
        (2) SIGMA means summation.
    When the annual CNEL is approximated by measurements on a
statistical basis, the number 365 is replaced by the number of
days for which measurements are obtained.
    (a-5) "Daily community noise equivalent level" or "CNEL"
means the 24-hour day average sound level, in decibels,
adjusted to an equivalent level to account for the lower
tolerance of people to noise during evening and night time
periods relative to the daytime period. The daily community
noise equivalent level is calculated from the hourly noise
levels by the following:
 
CNEL = 10 log (1/24) [SIGMA antilog (HNLD/10) + 3 SIGMA antilog
(HNLE/10) + 10 SIGMA antilog (HNLN/10)]

 
Where:
        (1) HNLD means the hourly noise levels for the period
    7:00 a.m. through 6:59 p.m.;
        (2) HNLE means the hourly noise levels for the period
    7:00 p.m. through 9:59 p.m.;
        (3) HNLN means the hourly noise levels for the period
    10:00 p.m. through 6:59 a.m.; and
        (4) SIGMA means summation.
    (a-8) "Noise exposure level" means the level, in decibels,
of the time-integrated A-weighted squared sound pressure for a
stated time interval or event, based on the reference pressure
of 20 micronewtons per square meter and reference duration of
one second.
    (a-9) "Noise level" means the sound level measure, in
decibels, of an A-weighted sound pressure level as measured
using the slow dynamic characteristic for sound level meters
specified in American National Standard Specification for
Sound Level Meters (ANSI S1.4-1983 as revised by ANSI
S1.4A-1985), which is hereby incorporated by reference. The
A-weighting characteristic modifies the frequency response of
the measuring instrument to account approximately for the
frequency characteristics of the human ear. The reference
pressure is 20 micronewtons/square meter (2 x 10-4 microbar).
    (b) "Permanent noise monitoring system" or "system" means a
system that includes at least:
        (1) automated noise monitors capable of recording
    noise levels 24 hours per day 365 days per year; and
        (2) computer equipment sufficient to process the data
    from each noise monitor so that permanent noise monitoring
    reports in accordance with Section 15 of this Act can be
    generated.
    (c) "Division" means the Division of Aeronautics of the
Illinois Department of Transportation.
    (d) (Blank). "Ldn" means day-night average sound level.
"Day-night average sound level" has the meaning ascribed to it
in Section 150.7 of Part 150 of Title 14 of the Code of Federal
Regulations.
(Source: P.A. 96-37, eff. 7-13-09.)
 
    (620 ILCS 35/15)  (from Ch. 15 1/2, par. 765)
    Sec. 15. Permanent noise monitoring reports. Beginning in
1993 and through 2008, the Division shall, on June 30th and
December 31st of each year, prepare a permanent noise
monitoring report and make the report available to the public.
Beginning in 2009, the airport sponsor shall, on June 30th and
December 31st of each year, prepare a permanent noise
monitoring report and make the report available to the public.
Copies of the report shall be submitted to: the Office of the
Governor; the Office of the President of the Senate; the Office
of the Senate Minority Leader; the Office of the Speaker of the
House; the Office of the House Minority Leader; the United
States Environmental Protection Agency, Region V; and the
Illinois Environmental Protection Agency. Beginning in 2009, a
copy of the report shall also be submitted to the division. The
permanent noise monitoring report shall contain all of the
following:
    (a) Copies of the actual data collected by each permanent
noise monitor in the system.
    (b) A summary of the data collected by each permanent noise
monitor in the system, showing the data organized by:
        (1) day of the week;
        (2) time of day;
        (3) week of the year;
        (4) type of aircraft; and
        (5) the single highest noise event recorded at each
    monitor.
    (c) Noise contour maps showing the 65 annual CNEL Ldn, 70
annual CNEL Ldn and 75 annual CNEL Ldn zones around the
airport.
    (d) Noise contour maps showing the 65 decibel (dBA), 70
dBA, and 75 dBA zones around the airport for:
        (1) 7:00 a.m. through 6:59 to 10:00 p.m.;
        (1.5) 7:00 p.m. through 9:59 p.m.;
        (2) 10:00 p.m. through 6:59 to 7:00 a.m.; and
        (3) types of aircraft.
    (e) The noise contour maps produced under subsections (c)
and (d) shall also indicate:
        (1) residential areas (single and multi-family);
        (2) schools;
        (3) hospitals and nursing homes;
        (4) recreational areas, including but not limited to
    parks and forest preserves;
        (5) commercial areas;
        (6) industrial areas;
        (7) the boundary of the airport;
        (8) the number of residences (single and multi-family)
    within each contour;
        (9) the number of residents within each contour;
        (10) the number of schools within each contour; and
        (11) the number of school students within each contour.
    (f) Through 2008, a certification by the Division that the
system was in proper working order during the period or, if it
was not, a specific description of any and all problems with
the System during the period.
    (g) Beginning in 2009, a certification by the airport
sponsor that the system was in proper working order during the
period or, if it was not, a specific description of any and all
problems with the system during the period.
(Source: P.A. 96-37, eff. 7-13-09.)

Effective Date: 1/1/2016