Aviation-Impacted Communities Act

Subjects: Transportation and Public Works, Air quality, Appropriations, Aviation and airports, Community life and organization, Environmental assessment, monitoring, research, Government information and archives, Government studies and investigations, Government trust funds, Housing and community development funding, Noise pollution, Performance measurement

Summary:  <p><b>Aviation-Impacted Communities Act</b></p> <p>This bill addresses noise mitigation for aviation-impacted communities. (<i>Aviation-impacted community</i> is defined as a community that is located not more than one mile from any point at which a commercial or cargo jet route is 3,000 feet or less above ground level.)</p> <p>Specifically, the bill</p> <ul> <li>expands Airport Improvement Program noise mitigation program funding for aviation-impacted communities that are not currently within the 65 day-night average sound level (DNL) standard;</li> <li>requires the Federal Aviation Administration (FAA) to enter into an agreement with the National Academy of Sciences to conduct a study that summarizes the relevant literature and studies done on aviation impacts worldwide and focuses on large hub commercial airports and surrounding communities, including communities currently outside of the 65 DNL contour;</li> <li>directs the FAA to conduct outreach to aviation-impacted communities to inform them of the opportunity to be a designated community;</li> <li>requires the FAA to devise an action plan that alleviates or addresses the concerns of a designated community; and</li> <li>provides grants for necessary noise mitigation in a designated community for residences, hospitals, nursing homes, adult or child day care centers, schools, and places of worship.</li> </ul>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1047 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1047

 To require the Federal Aviation Administration to provide funding for 
               noise mitigation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2023

   Mr. Smith of Washington introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To require the Federal Aviation Administration to provide funding for 
               noise mitigation, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation-Impacted Communities Act''.

SEC. 2. NOISE MITIGATION FOR VERTICAL FENCELINE COMMUNITIES.

    Notwithstanding any other provision of law, aviation-impacted 
communities that are not currently within the 65 DNL standard as 
measured by the Federal Aviation Administration shall be eligible for 
the Airport Improvement Program noise mitigation program funds and for 
grants under section 7, and shall also be granted status under section 
5 to establish community boards to address airport noise in their 
communities.

SEC. 3. NATIONAL ACADEMY OF SCIENCES STUDY, FRAMEWORK, AND DIAGNOSTIC 
              TOOL.

    (a) In General.--The Administrator shall enter into a contract with 
the National Academy of Sciences to conduct a study that--
            (1) summarizes the relevant literature and studies done on 
        aviation impacts worldwide;
            (2) focuses on large hub commercial airports and 
        surrounding communities, including communities currently 
        outside of the 65 DNL contour in--
                    (A) King County, WA;
                    (B) Boston;
                    (C) Chicago;
                    (D) New York City;
                    (E) the Northern California Metroplex;
                    (F) Phoenix;
                    (G) the Southern California Metroplex;
                    (H) the District of Columbia;
                    (I) Atlanta; and
                    (J) any other metropolitan large hub airport 
                identified by the Administrator.
    (b) Contents.--The study described in subsection (a) shall 
examine--
            (1) the collection and consolidation of quantifiable, 
        observational, experiential, anecdotal, or other data from--
                    (A) the Federal Aviation Administration;
                    (B) airport operators;
                    (C) valid acoustic instrumentation on the ground;
                    (D) testimonials and other evidence from community 
                members; and
                    (E) organizations in the community;
            (2) the Day-Night Average Sound Level, using measured data 
        or modeled data (or other noise metrics, as applicable);
            (3) any other existing or supplemental noise metrics from 
        data collected by noise monitor stations;
            (4) emissions generated by individual and cumulative 
        takeoffs and landings, including emissions that impact the 
        ground level;
            (5) lateral trajectory and altitude of flight paths as 
        demonstrated by actual and comprehensive radar flight track 
        data in addition to published routes;
            (6) how aviation impacts communities surrounded by multiple 
        airports;
            (7) how aviation impacts communities with unique geography, 
        including communities situated at higher elevation or near 
        large bodies of water;
            (8) any other data requested by the impacted community in 
        order to give a comprehensive understanding of the impacts on 
        such community, including comparative data for equity analysis;
            (9) recommendations on actions or mitigation that can be 
        taken to alleviate--
                    (A) concerns raised during community outreach; and
                    (B) effects that are determined in the study; and
            (10) any other data or information determined to be 
        relevant by the National Academies in analyzing aviation 
        impacts.
    (c) Framework and Diagnostic Tool.--
            (1) In general.--Using findings from the study, the 
        National Academy of Sciences shall provide the FAA with a 
        framework and diagnostic tool for--
                    (A) conducting appropriate community assessments 
                upon request of community boards (including as 
                described in section 5(f));
                    (B) measuring the impact on communities of--
                            (i) high frequency of overhead flights;
                            (ii) an increase or change in flight 
                        operations due to adoption of new flight 
                        procedures;
                            (iii) high frequency or an increase in 
                        night time aircraft noise; and
                            (iv) decreased dispersion of flight path 
                        utilization; and
                    (C) developing a scientifically based strategy for 
                evaluating structures subject to increases described in 
                subparagraph (A)(ii) that should be eligible for noise 
                mitigation.
            (2) Requirement.--In developing the framework and 
        diagnostic tool under paragraph (1), the National Academy of 
        Sciences shall--
                    (A) seek appropriate community input and feedback 
                from community boards as well as open community 
                meetings; and
                    (B) ensure, to the extent practicable, that such 
                framework and diagnostic tool is understandable to, and 
                useable by, the community boards and the general 
                public.

SEC. 4. DESIGNATING OF COMMUNITIES.

    (a) Outreach.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall conduct outreach 
        to State, regional, and local elected officials of aviation-
        impacted communities to inform them of the opportunity to be a 
        designated community.
            (2) Requirements.--The outreach described in paragraph (1) 
        shall--
                    (A) be conducted in local print and electronic 
                media (including social media, local foreign language 
                media, ethnic radio, newspapers, and television); and
                    (B) reflect languages regularly encountered in the 
                aviation-impacted community in any signs, materials, 
                and multimedia resources.
    (b) Request.--The State, regional, or local elected officials (or 
designee thereof) of an aviation-impacted community may request to be a 
designated community, and the Administrator shall--
            (1) recognize such community as a designated community upon 
        request; and
            (2) acknowledge each community requesting designation on 
        the website of the Federal Aviation Administration.
    (c) Portions of Community.--The State or local elected officials 
(or designee thereof) of a designated community, representatives, or a 
group of representatives chosen by a community, shall select the 
portions or the entirety of such community considered aviation-
impacted, including designating the community as a whole should such 
community so choose.

SEC. 5. COMMUNITY BOARDS.

    (a) In General.--Not later than 6 months after the date on which an 
aviation-impacted community becomes a designated community pursuant to 
section 4, such designated community shall--
            (1) select a community board comprised of individuals that 
        equally represent--
                    (A) State, regional, or local elected officials or 
                city managers (or designees thereof);
                    (B) local airport operators;
                    (C) impacted community residents; and
                    (D) the public health and environment; and
            (2) in the case where such designated community decides to 
        maintain an existing group of primarily elected local officials 
        that has previously been constituted for purposes of working on 
        aviation-related issues, designate such existing group as a 
        community board pursuant to this section, so long as--
                    (A) affected community members who are not airport 
                employees or elected officials have representation on 
                the board; and
                    (B) health and environmental representatives are 
                added as needed.
    (b) Meetings.--A community board shall meet at times and places 
chosen by the members of such board.
    (c) Purposes.--The purpose of a community board is to provide 
information to airport operators and the Federal Aviation 
Administration concerning aviation impacts.
    (d) Collaboration.--The Administrator shall--
            (1) designate an FAA designee; and
            (2) ensure that representatives of and, when appropriate 
        and upon request of a community board, relevant experts from 
        the Federal Aviation Administration participate in meetings of 
        a community board.
    (e) Community Reports.--
            (1) In general.--A community board may draft a community 
        report detailing the community's concerns and issues related to 
        aviation impacts.
            (2) Contents.--A community report may be comprised of, or 
        include, community information, documents, or locally conducted 
        assessments.
    (f) Community Assessments.--
            (1) In general.--A community board may petition the 
        Administrator to conduct a community assessment, which shall be 
        conducted based on the framework and diagnostic tool 
        established by the National Academy of Sciences under section 3 
        and the community reports described in subsection (e).
            (2) Limitation.--A community board may petition the 
        Administrator to conduct not more than 1 community assessment 
        under paragraph (1) every 3 years.
            (3) Exception.--Notwithstanding paragraph (2), a community 
        board may petition the Administrator to conduct an additional 
        community assessment during the 3-year period described in 
        paragraph (2) if--
                    (A) a study described in part 150 of title 14, Code 
                of Federal Regulations, is commissioned by an airport 
                with flight paths that affect the community represented 
                by the community board; or
                    (B) if airport operations increase substantially 
                above of projected increases.
    (g) Instrumentation.--Upon request of a community board, the 
Administrator shall provide additional noise measurement 
instrumentation to measure aircraft noise.
    (h) Collaboration.--The Administrator and each community board that 
petitions for a community assessment shall collaborate on the scope of 
such community assessment.
    (i) Regional Assessment.--Upon the request and approval of not less 
than 2 community boards located in the same region, the FAA may conduct 
a regional assessment based on the framework and diagnostic tool 
established by the National Academy of Sciences under section 3.
    (j) Accessible Format.--The Administrator shall ensure the 
community assessment is culturally and linguistically accessible given 
the needs or requests of the community.

SEC. 6. ACTION PLANS.

    (a) In General.--Not later than 6 months after the date of 
completion of a community assessment described in section 5(f), the 
Administrator shall, in collaboration with community boards, devise an 
action plan that seeks to alleviate or address the concerns raised in 
such community reports or such community assessments.
    (b) Content.--An action plan shall--
            (1) include a long-term regional plan that focuses on 
        reducing and minimizing aviation impacts for the designated 
        community or communities, including sound insulation or other 
        noise mitigation infrastructure, air filtration systems, and 
        changes in flight paths or procedures; and
            (2) require the appropriate district office of the Federal 
        Aviation Administration and air traffic control facility to 
        consider the implementation of changes to flight operations, 
        flight paths, and vertical guidance if the community assessment 
        described in section 5(f) indicates that such changes would 
        decrease the impacts on the designated community, including 
        examining the population density in the communities described 
        in such report and assessment in considering such 
        implementation.
    (c) Implementation.--In implementing the action plan, the 
Administrator will consider the implementation of changes to flight 
operations, flight paths, and vertical guidance if the community 
assessment described in section 5(f) indicates that such changes would 
decrease the impacts of flights on a designated community (or 
communities).
    (d) Statement Concerning Certain Changes.--If the Administrator 
determines that changes to operations, flight paths, and vertical 
guidance that a community study indicated would decrease the effects on 
the designated community would not be effective in decreasing community 
impacts, the Administrator shall explain the rationale for this 
determination in the action plan.
    (e) Appeals Process.--
            (1) In general.--The Administrator shall establish an 
        appeals process, through which a community board may appeal the 
        determination by the Federal Aviation Administration not to 
        implement a change under subsection (c) to an independent panel 
        comprised equally of independent public health experts, 
        environmental experts, and aviation experts.
            (2) Recommendations.--In carrying out paragraph (1), the 
        Administrator shall seek recommendations from the National 
        Academy of Sciences for panel experts described in such 
        paragraph.
            (3) Requirement to convene.--An independent panel convened 
        pursuant to paragraph (1) shall convene not later than 6 months 
        after the receipt of an appeal pursuant to such paragraph and 
        shall respond to such appeal not later than 3 months after the 
        date on which such panel convenes.
    (f) Dissemination.--The panel described in subsection (e)(1) shall 
submit any findings for an appeal described in such subsection--
            (1) to the public in a culturally and linguistically 
        appropriate fashion given the needs or requests of the 
        community at issue;
            (2) to the offices of the Members of Congress and Senators 
        representing the community at issue;
            (3) to the relevant committees of the House of 
        Representatives and the Senate; and
            (4) upon request, to appropriate State, regional, and local 
        elected officials.

SEC. 7. MITIGATION FUNDING.

    (a) In General.--Not later than 180 days after the release of an 
action plan pursuant to section 3, the Administrator shall make grants 
for necessary noise mitigation in a designated community for--
            (1) residences;
            (2) hospitals;
            (3) nursing homes and adult or child day care centers;
            (4) schools;
            (5) places of worship; and
            (6) other impacted facilities indicated by a community 
        assessment under section 5(f).
    (b) Standards.--Using the framework and diagnostic tool developed 
by the National Academy of Sciences under section 3, the Administrator 
shall develop standards to determine which of the structures in 
designated communities described in subsection (a) are eligible for 
mitigation funding.
    (c) Mitigation Defined.--In this section, the term ``noise 
mitigation'' means any form of mitigation that reduces the noise burden 
for communities, including--
            (1) sound insulation of structures;
            (2) construction of noise barriers or acoustic shielding to 
        mitigate ground-level noise; and
            (3) other mitigation as indicated by a community assessment 
        under section 5(f) or an action plan under section 6 using the 
        diagnostic tool developed by the National Academy of Sciences 
        under section 3.
    (d) Sound Insulation for Communities Subject to High Flight 
Frequency.--
            (1) In general.--Using the framework and diagnostic tool 
        developed by the National Academy of Sciences under section 3, 
        in carrying out an action plan described in section 6, the 
        Administrator shall develop standards for determining which 
        communities are subject to significant frequency of overhead 
        flights, which shall be eligible for noise mitigation funding.
            (2) Noise mitigation.--In carrying out an action plan 
        described in section 6, the Administrator and airport operators 
        shall provide grants for noise mitigation for aviation-impacted 
        communities that are subjected to a high frequency of flight 
        operations or from the adoption of new flight procedures (as 
        determined by the Administrator through the use of the 
        framework and diagnostic tool developed by the National Academy 
        of Sciences under section 3).
    (e) Sound Insulation for Residences Impacted by Significant Night 
Time Aircraft Noise.--In carrying out an action plan described in 
section 6, the Administrator and airport operators shall provide noise 
mitigation for a neighborhood within a 55 or higher DNL contour (or a 
community that has quality-assured noise measurement data that 
demonstrate 55 DNL impacts occurring outside the model contour of the 
aviation environmental design tool of the FAA) in which an airport 
operator or the Administrator determines, through the use of the 
framework and diagnostic tool developed by the National Academy of 
Sciences under section 3, that significant numbers of flight operations 
are conducted between 10:00 p.m. and 6:00 a.m.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated out of the 
Airport and Airway Trust Fund (established under section 9502 of the 
Internal Revenue Code of 1986) to carry out this Act--
            (1) a total of $750,000,000 for fiscal years 2023 through 
        2032; and
            (2) such sums as necessary, but not to exceed 0.25 percent 
        of the annual change in uncommitted balance of such Trust Fund 
        in a fiscal year, for fiscal years after fiscal year 2032.
    (b) Use of Funds.--Of any amounts appropriated for a fiscal year to 
carry out this Act, the Administrator shall use such funds--
            (1) to make grants under section 7;
            (2) in an amount of not more than 5 percent, to support FAA 
        expenditures required for the administration this Act; and
            (3) any amounts not expended under paragraph (1) or (2), to 
        make grants described in section 47117(e)(1)(A) of title 49, 
        United States Code.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Aircraft operation.--The term ``aircraft operation'' 
        means a landing or take-off of an aircraft flight.
            (3) Aviation-impacted community.--The term ``aviation-
        impacted community'' means a community that is located not 
        greater than 1 mile from any point at which a commercial or 
        cargo jet route is 3,000 feet or less above ground level.
            (4) Commercial or cargo jet route.--The term ``commercial 
        or cargo jet route'' means a route that is departing or 
        arriving at a large hub or metroplex airport, as such terms are 
        defined by the Administrator.
            (5) Community.--The term ``community'' means any 
        residential neighborhood, locality, municipality, town, or 
        city.
            (6) Designated community.--The term ``designated 
        community'' means an aviation-impacted community that has 
        chosen to be designated pursuant to section 4.
            (7) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (8) FAA designee.--The term ``FAA Designee'' means a 
        community engagement manager or Regional Ombudsman (as 
        described in section 180 of the FAA Reauthorization Act of 
        2018) that--
                    (A) works with each community board;
                    (B) engages in meaningful, solution-driven dialogue 
                with the community board; and
                    (C) serves as the liaison between the FAA and the 
                community board.
            (9) Impact.--The term ``impact'' means noise, air pollution 
        emissions, or any other aviation-related impact identified by a 
        community coming from an aircraft and that is affecting a 
        community or its residents.
            (10) Route.--The term ``route'' includes both the lateral 
        trajectory and altitude of flight paths as demonstrated by 
        actual and comprehensive radar flight track data in addition to 
        published routes.
                                 &lt;all&gt;
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