LEAVE Act

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. Short title This Act may be cited as the Low-frequency Energetic Acoustics and Vibrations Exasperate Act LEAVE Act 2. Standard for noise or nuisance actions (a) Standard Notwithstanding any other provision of law, a standard enforceable in State court may be set by one or more States participating in a study described in subsection (b) upon publication of such study. (b) Study (1) In general One or more States may conduct one or more studies of ground-based noise from aircraft operations at an airport within a State. (2) Collaboration States may collaborate on developing the methodology and standards for a study under this Act. (3) Content A study under this Act shall— (A) identify the amount of ground-based noise emanating from one or more airports in the State or States during the study period; (B) identify the noise level above which there is present a substantial negative impact to residents and businesses within 5 miles of any airport that is studied; and (C) identify any diminution of real property values from those that might otherwise be attained in the absence of the noise that creates a substantial negative impact. (4) Baseline A study under this Act shall identify a baseline value of ground-based noise above which an airport in the study is presumed to be permitting an excess of noise to propagate to a community within 5 miles of an airport. (5) Factors Recognizing that topography, characteristics of airport construction, weather, and variable air traffic volumes are among many factors affecting the amount of perceived ground-based noise emanating from an airport, a State— (A) need not establish a uniform standard of exceedance for every airport; (B) need not limit its analysis to such factors; and (C) shall establish a reasonable methodology for establishing such a standard and apply such methodology across the State or States. (6) Methodology The methodology for establishing the standard may take into account— (A) a history of ground-based noise emanating from the airport; (B) the reasonable expectations of impacted residents for the quiet use and enjoyment of owned or rented property; and (C) any other factors that a State considers appropriate to reduce substantial negative impacts of noise propagating to a community within 5 miles of an airport. (7) Setting aside of methodology or standard A methodology or standard established by a State shall not be set aside unless a Federal court determines such methodology or standard to be arbitrary or capricious. (8) Publication A study described in this subsection shall be published. (c) Preemption Congress hereby finds and declares 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 the airport, when an exceedance of a standard established by a State pursuant to this Act for an airport is averred. (d) Definitions In this Act, the following definitions apply: (1) Ground-based noise The term ground-based noise (2) Substantial negative impact The term substantial negative impact

Summary: Low-frequency Energetic Acoustics and Vibrations Exasperate Act or the LEAVE Act This bill establishes standards and remedies related to ground-based noise (GBN). Specifically, the bill permits one or more states to conduct studies of GBN from aircraft operations at an airport within a state, requires any study conducted to identify a baseline value of GBN above which an airport in the study is presumed to be permitting an excess of noise to a community within five miles of such airport, allows a state cause of action for GBN if a state has undertaken a study of GBN at an airport, and establishes that no federal statute is intended to preempt a cause of action against an airport in any state small claims or superior court when an action is brought for GBN in violation of state standards.