2001 REGULAR SESSION (71st) A AB490 453
Adoption of this amendment will MAINTAIN an unfunded mandate not requested by the affected local government in AB490 (§§ 2, 3, 4).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The board of county commissioners of each county whose population is 400,000 or more shall establish by ordinance a committee on the abatement of noise attributable to the flight of helicopters and other aircraft in the county.
2. The board of county commissioners shall appoint to the committee eleven members as follows:
(a) Four members who live in neighborhoods affected by the noise described in subsection 1;
(b) Three members who live in neighborhoods that are located adjacent to an airport;
(c) One member who represents commercial operators of fixed-wing aircraft;
(d) One member who represents commercial operators of helicopters;
(e) One member who represents the county airport; and
(f) One member who represents a federal or county agency that regulates airports.
3. The members of the committee shall serve terms of 2 years. A vacancy on the committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. The board of county commissioners shall appoint one of the members as chairman of the committee, who shall serve as chairman for a term of 1 year. If a vacancy occurs in the chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
5. The members of the committee serve without compensation.
6. The committee shall:
(a) Meet upon the call of the chairman; and
(b) Comply with the provisions of chapter 241 of NRS.
Sec. 3. 1. Except as otherwise provided in subsection 2, the committee established pursuant to section 2 of this act shall:
(a) Examine all laws and other matters that may be of significance in the abatement of noise attributable to the flight of helicopters and other aircraft;
(b) Recommend changes for consideration by the Federal Aviation Administration to:
(1) Other local governments;
(2) The regional planning coalition established pursuant to NRS 278.02514;
(3) Relevant departments, agencies and officers of this state; and
(4) The Senators and Representatives from the State of Nevada to the Congress of the United States; and
(c) Advise the board of county commissioners on issues relating to the abatement of the noise described in paragraph (a) of subsection 1, including, without limitation:
(1) Recommendations concerning the use of airport facilities, including, without limitation: (I) The expansion of airport facilities;
(II) The creation of a facility for commercial helicopters and other aircraft that is not located in an urban area;
(III) The creation, expansion and maintenance of adequate areas to buffer noise surrounding airport facilities; and
(IV) Environmental impacts created by the use of airport facilities;
(2) The determination of flight paths for helicopters and other aircraft; and
(3) Complaints from persons who live in neighborhoods affected by the noise described in paragraph (a) of subsection 1.
2. The provisions of this section do not authorize the committee established pursuant to section 2 of this act to make any recommendations or take any other action with respect to:
(a) Fixed-wing aircraft operated in commercial aviation pursuant to 14 C.F.R. Part 121 or 14 C.F.R. Part 135, or both; or
(b) Any helicopter that is operated:
(1) As an air ambulance, as that term is defined in NRS 450B.030;
(2) By a law enforcement agency; or
(3) By a branch of the Armed Forces of the United States.
Sec. 4. 1. Except as otherwise provided in subsection 2, the board of county commissioners of each county whose population is 400,000 or more shall, to the extent allowed by federal law, enact and enforce ordinances:
(a) Fixing the permissible hours of operation for commercial helicopters. Such hours of operation must not commence earlier than 8 a.m. or extend later than 9 p.m.
(b) Determining flight paths for commercial helicopters. The flight paths must, to the extent practicable, avoid residential neighborhoods, especially those neighborhoods that are considered to be impoverished.
(c) Requiring that all nongovernmental helicopters bear identification numbers on the left side, right side and underside of the helicopter of sufficient size and clarity to be legible to persons on the ground at a distance of not less than 900 feet.
(d) Imposing penalties for violations of the ordinances. The penalties must include a fine of $10,000 for the fifth or subsequent violation of an ordinance enacted pursuant to this section.
(e) Requiring the county airport to:
(1) Establish a toll-free telephone number for persons to report information regarding alleged violations of an ordinance enacted pursuant to this section; and
(2) Compile and maintain a record of each complaint that alleges a violation of an ordinance enacted pursuant to this section.
2. An ordinance enacted pursuant to this section must not apply to any helicopter that is operated:
(a) As an air ambulance, as that term is defined in NRS 450B.030;
(b) By a law enforcement agency; or
(c) By a branch of the Armed Forces of the United States.
Sec. 5. The board of county commissioners of each county whose population is 400,000 or more shall encourage the Federal Aviation Administration to adopt with respect to that county a Special Federal Aviation Regulation that is substantially similar to Special Aviation Regulation No. 71, prohibiting the operator of an air tour from conducting such a tour below an altitude of 1,500 feet.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to counties; requiring certain counties to establish a committee on the abatement of noise attributable to the flight of helicopters and other aircraft; excluding from the purview of the committee the operation of certain types of aircraft; requiring certain counties, to the extent allowed by federal law, to enact and enforce certain ordinances concerning helicopters; excluding certain helicopters from the application of such ordinances; requiring the imposition of penalties for violations of such ordinances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: