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 supe-
rior 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) intro-
duced the following bill; which was referred to the Committee on Trans-
portation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Low-frequency Ener-
getic Acoustics and Vibrations Exasperate Act’’ or the 
‘‘LEAVE Act’’. 
SEC. 2. STANDARD FOR NOISE OR NUISANCE ACTIONS. 
(a) STANDARD.—Notwithstanding any other provi-
sion of law, a standard enforceable in State court may be 
set by one or more States participating in a study de-
scribed 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 
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(C) identify any diminution of real prop-
erty 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 per-
mitting an excess of noise to propagate to a commu-
nity 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 fac-
tors; and 
(C) shall establish a reasonable method-
ology for establishing such a standard and 
apply such methodology across the State or 
States. 
(6) METHODOLOGY.—The methodology for es-
tablishing the standard may take into account— 
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(A) a history of ground-based noise ema-
nating from the airport; 
(B) the reasonable expectations of im-
pacted residents for the quiet use and enjoy-
ment of owned or rented property; and 
(C) any other factors that a State con-
siders appropriate to reduce substantial nega-
tive impacts of noise propagating to a commu-
nity 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 de-
clares 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 defini-
tions apply: 
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(1) 
GROUND-BASED
NOISE.—The 
term 
‘‘ground-based noise’’ means noise emanating from 
an aircraft operating on the ground predominately 
consisting of noise of 200 Hz or below. 
(2) SUBSTANTIAL
NEGATIVE
IMPACT.—The 
term ‘‘substantial negative impact’’ means a noise 
exceedance that is injurious to health, offensive to 
the senses, or an obstruction to the free use of prop-
erty, and interferes with the comfortable enjoyment 
of life or property by an entire community or neigh-
borhood, or by any considerable number of persons, 
whether or not the entire community or those con-
siderable number of persons participate in the cause 
of action. 
Æ 
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