(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 490–Assemblymen Giunchigliani, Oceguera, Manendo, Williams, Ohrenschall, Arberry, Bache, Buckley, Cegavske, Chowning, Claborn, Collins, Goldwater, Koivisto, Lee, McClain, Mortenson, Parks, Perkins and Price

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes certain counties to establish advisory committee on aircraft noise and prescribes powers and duties of committee. (BDR 20‑154)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE (§ 5)

(Not Requested by Affected Local Government)

 

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to counties; authorizing certain counties to establish an advisory committee on aircraft noise; excluding from the purview of the committee the operation of certain types of aircraft; requiring certain counties to enact and enforce certain ordinances concerning the reporting of certain aircraft noise; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 244 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the

1-4  context otherwise requires, “committee” means an advisory committee on

1-5  aircraft noise established pursuant to section 3 of this act.

1-6    Sec. 3.  1.  The board of county commissioners of each county

1-7  whose population is 400,000 or more may establish by ordinance an

1-8  advisory committee on aircraft noise.

1-9    2.  If a board of county commissioners establishes a committee, the

1-10  board shall appoint to the committee 11 members as follows:

1-11    (a) Four members who live in neighborhoods affected by aircraft

1-12  noise;

2-1    (b) One member who lives in a neighborhood that is adjacent to an

2-2  airport;

2-3    (c) One member who represents commercial operators of helicopters;

2-4    (d) One member who represents general aviation;

2-5    (e) One member who represents the division of Air Traffic Services of

2-6  the Federal Aviation Administration;

2-7    (f) One member who represents a business that is affected by aircraft

2-8  noise or is adjacent to an airport;

2-9    (g) One member who represents the department of aviation of the

2-10  county; and

2-11    (h) One member who represents the board of county commissioners of

2-12  the county.

2-13    3.  The members of the committee shall serve terms of 2 years.

2-14  Members may be reappointed for additional terms of 2 years in the same

2-15  manner as the original appointments. Any vacancy occurring in the

2-16  membership of the committee must be filled in the same manner as the

2-17  original appointment.

2-18    4.  The board of county commissioners shall appoint one of the

2-19  members as chairman of the committee, who shall serve as chairman for

2-20  a term of 1 year. If a vacancy occurs in the chairmanship, the vacancy

2-21  must be filled in the same manner as the original selection for the

2-22  remainder of the unexpired term.

2-23    5.  The members of the committee serve without compensation.

2-24    6.  The committee shall:

2-25    (a) Meet upon the call of the chairman; and

2-26    (b) Comply with the provisions of chapter 241 of NRS.

2-27    Sec. 4.  1.  Except as otherwise provided in subsection 2, the

2-28  committee may:

2-29    (a) Examine and assess laws and any other information related to

2-30  problems of aircraft noise in the county, including, without limitation,

2-31  existing and proposed flight paths for aircraft;

2-32    (b) Promote increased communication regarding aircraft noise among

2-33  relevant public entities and between those entities and the general public;

2-34  and

2-35    (c) With due regard for the safety and efficiency of the aviation

2-36  industry, advise and consult with the Federal Aviation Administration,

2-37  the board of county commissioners and all other relevant federal, state

2-38  and local governmental agencies, bodies and officials regarding new and

2-39  existing programs and approaches for abating aircraft noise.

2-40    2.  The provisions of this section do not authorize the committee to

2-41  take any action with respect to any aircraft that is operated:

2-42    (a) In commercial aviation pursuant to 14 C.F.R. Part 121 or 14

2-43  C.F.R. Part 135, or both;

2-44    (b) As an air ambulance, as that term is defined in NRS 450B.030; or

2-45    (c) By or in cooperation with a law enforcement agency.

2-46    Sec. 5.  1.  Except as otherwise provided in subsection 2, the board

2-47  of county commissioners of each county whose population is 400,000 or

2-48  more shall enact and enforce ordinances requiring the county airport to:

3-1    (a) Establish a toll-free telephone number for persons to report

3-2  information regarding alleged violations of rules or regulations

3-3  pertaining to aircraft noise, including, without limitation, deviations

3-4  from established flight paths; and

3-5    (b) Compile and maintain a record of each complaint that alleges a

3-6  violation of a rule or regulation pertaining to aircraft noise.

3-7    2.  An ordinance enacted pursuant to this section must not apply to

3-8  any aircraft that is operated:

3-9    (a) As an air ambulance, as that term is defined in NRS 450B.030; or

3-10    (b) By or in cooperation with a law enforcement agency.

3-11    Sec. 6.  The provisions of subsection 1 of NRS 354.599 do not apply

3-12  to any additional expenses of a local government that are related to the

3-13  provisions of this act.

 

3-14  H