093_HB1338enr

 
HB1338 Enrolled                      LRB093 07122 DRH 07276 b

 1        AN ACT in relation to air transportation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    County Air Corridor Protection Act.

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

29        Section 10. County land use authority. Any county with  a
30    United States Air Force installation with runways of at least
 
HB1338 Enrolled             -2-      LRB093 07122 DRH 07276 b
 1    7,500  feet in length has the authority to protect the safety
 2    of the community by controlling the use of land  around  that
 3    installation,  notwithstanding  any ordinance of or authority
 4    granted to any municipality. The county's land use  authority
 5    is  limited  to  the  area designated in the Air Installation
 6    Compatible Use Zone Study adopted by the  United  States  Air
 7    Force  for  that  installation and the runways it occupies or
 8    uses.

 9        Section 15.  County eminent domain powers. If a land  use
10    exists  or  a  municipality  approves  a  land  use  that  is
11    incompatible  with  the  Air Installation Compatible Use Zone
12    Study, and any portion of the affected land is  within  areas
13    designated  in the Air Installation Compatible Use Zone Study
14    as  clear  zones  and  runway  protection   zones,   accident
15    potential  zones  I,  or  accident  potential zones II, or is
16    within the 65 decibel A-weighted noise  contour,  the  county
17    may use eminent domain to acquire either the fee simple title
18    to  that  portion of the affected land or the easement rights
19    in that portion of the affected land that are  necessary  for
20    the  compatible  land  use defined under the Air Installation
21    Compatible Use Zone Study. If  a  municipality  within  those
22    zones  controls  the  use of land in a manner compatible with
23    the Air Installation Compatible Use Zone  Study,  the  county
24    does not have eminent domain authority.

25        Section  99.  Effective  date. This Act takes effect upon
26    becoming law.