I 

116TH CONGRESS 

1ST SESSION H. R. 5112 

To establish that no Federal statute is intended to preempt a cause of 

action against an airport maintained in any State small claims or superior court by any individual or city within 5 miles of an airport when 

an action is brought for noise or nuisance caused by ground-based 

noise in violation of a State statute as specified, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2019 

Ms. SPEIER (for herself, Ms. ESHOO, Ms. NORTON, and Mr. RASKIN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To establish that no Federal statute is intended to preempt 

a cause of action against an airport maintained in any 

State small claims or superior court by any individual 

or city within 5 miles of an airport when an action 

is brought for noise or nuisance caused by ground-based 

noise in violation of a State statute as specified, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Low-frequency Ener3 getic Acoustics and Vibrations Exasperate Act’’ or the 

4 ‘‘LEAVE Act’’. 

5 SEC. 2. STANDARD FOR NOISE OR NUISANCE ACTIONS. 

6 (a) STANDARD.—Notwithstanding any other provi7 sion of law, a standard enforceable in State court may be 

8 set by one or more States participating in a study de9 scribed in subsection (b) upon publication of such study. 

10 (b) STUDY.— 

11 (1) IN GENERAL.—One or more States may 

12 conduct one or more studies of ground-based noise 

13 from aircraft operations at an airport within a 

14 State. 

15 (2) COLLABORATION.—States may collaborate 

16 on developing the methodology and standards for a 

17 study under this Act. 

18 (3) CONTENT.—A study under this Act shall— 

19 (A) identify the amount of ground-based 

20 noise emanating from one or more airports in 

21 the State or States during the study period; 

22 (B) identify the noise level above which 

23 there is present a substantial negative impact to 

24 residents and businesses within 5 miles of any 

25 airport that is studied; and 


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1 (C) identify any diminution of real prop2 erty values from those that might otherwise be 

3 attained in the absence of the noise that creates 

4 a substantial negative impact. 

5 (4) BASELINE.—A study under this Act shall 

6 identify a baseline value of ground-based noise above 

7 which an airport in the study is presumed to be per8 mitting an excess of noise to propagate to a commu9 nity within 5 miles of an airport. 

10 (5) FACTORS.—Recognizing that topography, 

11 characteristics of airport construction, weather, and 

12 variable air traffic volumes are among many factors 

13 affecting the amount of perceived ground-based 

14 noise emanating from an airport, a State— 

15 (A) need not establish a uniform standard 

16 of exceedance for every airport; 

17 (B) need not limit its analysis to such fac18 tors; and 

19 (C) shall establish a reasonable method20 ology for establishing such a standard and 

21 apply such methodology across the State or 

22 States. 

23 (6) METHODOLOGY.—The methodology for es24 tablishing the standard may take into account— 


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1 (A) a history of ground-based noise ema2 nating from the airport; 

3 (B) the reasonable expectations of im4 pacted residents for the quiet use and enjoy5 ment of owned or rented property; and 

6 (C) any other factors that a State con7 siders appropriate to reduce substantial nega8 tive impacts of noise propagating to a commu9 nity within 5 miles of an airport. 

10 (7) SETTING ASIDE OF METHODOLOGY OR

11 STANDARD.—A methodology or standard established 

12 by a State shall not be set aside unless a Federal 

13 court determines such methodology or standard to 

14 be arbitrary or capricious. 

15 (8) PUBLICATION.—A study described in this 

16 subsection shall be published. 

17 (c) PREEMPTION.—Congress hereby finds and de18 clares that no Federal statute is intended to preempt a 

19 cause of action against an airport maintained in any State 

20 small claims or superior court, by any individual or city 

21 within 5 miles of the airport, when an exceedance of a 

22 standard established by a State pursuant to this Act for 

23 an airport is averred. 

24 (d) DEFINITIONS.—In this Act, the following defini25 tions apply: 


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1 (1) GROUND-BASED NOISE.—The term 

2 ‘‘ground-based noise’’ means noise emanating from 

3 an aircraft operating on the ground predominately 

4 consisting of noise of 200 Hz or below. 

5 (2) SUBSTANTIAL NEGATIVE IMPACT.—The 

6 term ‘‘substantial negative impact’’ means a noise 

7 exceedance that is injurious to health, offensive to 

8 the senses, or an obstruction to the free use of prop9 erty, and interferes with the comfortable enjoyment 

10 of life or property by an entire community or neigh11 borhood, or by any considerable number of persons, 

12 whether or not the entire community or those con13 siderable number of persons participate in the cause 

14 of action. 

Æ 


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