2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › AVIATION SAFETY AND ACCESSIBILITY (§§ 43-10-101 — 43-10-119) › Article 10 - AERONAUTICS DIVISION (§§ 43-10-101 — 43-10-119) › Section 43-10-108.5 - State aviation system grant program

(1)
In order to support and improve the state aviation system, there is hereby established the state aviation system grant program. The grant program shall be implemented and administered by the division and the board in accordance with the provisions of this section.
(2)
(a)
Except as otherwise provided in subsection (2)(c) of this section, any entity operating an FAA-designated public-use airport may apply to the division for a state aviation system grant to be used solely for aviation purposes. Applications must contain such information as may be required by the division and shall be filed in accordance with procedures established by the division. In order to be eligible for a grant, the applicant must demonstrate, to the satisfaction of the division, that the grant shall be used solely for aviation purposes as defined in section
43-10-102 (3)
. The division shall evaluate grant applications based upon criteria established by the division, and criteria set forth in subsection (2)(b) of this section, and make recommendations to the board on the awarding of grants. Any grant proposed by the board must be submitted to the governor's office for review and recommendation prior to a final decision. The governor shall accomplish the governor's review and recommendation within thirty days of submittal of the grant proposal by the board. The board shall make final decisions on the awarding of grants subject to the availability of money in the aviation fund created in section
43-10-109
. The board shall establish procedures to ensure that grants awarded pursuant to the provisions of this section are used solely for aviation purposes as required by this subsection (2).
(b)
The division, when evaluating grant applications and making recommendations to the board as to the awarding of grants; the governor's office, when reviewing requested grants recommended by the division making recommendations regarding such requested grants to the board; and the board, when awarding grants, shall designate the lesser of ten percent of the amount awarded in grants per year or one million five hundred thousand dollars per year in grants for the aviation purposes of aiding and accelerating the transition from leaded aviation gasoline to unleaded aviation gasoline. The board shall prioritize awarding grants designated to address the transition from leaded aviation gasoline to unleaded aviation gasoline to airports with significant general aviation traffic in urban and suburban areas where surrounding communities may be disproportionately impacted by such traffic. If the board does not receive grant applications equaling at least the amount designated by the board pursuant to this subsection (2)(b) in any given year, the board may use the remainder of this funding for other aviation purposes.
(c)
Except as otherwise provided in subsection (2)(h) of this section, money shall not be expended from the fund for a grant awarded pursuant to this section or otherwise to an airport that the division has identified as being located in a densely populated residential area or as having a significant number of flights over a densely populated residential area unless the airport or entity operating the airport demonstrates to the satisfaction of the division that:
(I)
By January 1, 2026, it has adopted a plan for phasing out sales of leaded aviation gasoline at the airport by January 1, 2030, with execution of the plan in accordance with FAA and federal environmental protection agency requirements or other relevant federal guidance; and
(II)
It has established, in consultation with flight schools and pilots that regularly use the airport, a voluntary noise abatement plan, with execution of the noise abatement plan in accordance with FAA and federal environmental protection agency requirements or other relevant federal guidance, so that aircraft noise is not a significant public nuisance and does not cause significant adverse impacts to the health, safety, and welfare of individuals residing near the airport. The division shall develop guidelines for the establishment of effective voluntary noise abatement plans that must include, at a minimum:
(A)
Publication of noise abatement plans among all airport operators; and
(B)
Noise abatement plan elements, including, but not limited to, a voluntary curfew on when flights may depart from the airport; voluntary guidelines on the number of flights that may depart from the airport within specified periods; and voluntary guidelines on the frequency of touch and go flights during which an aircraft touches down on a runway and then immediately accelerates and takes off again without stopping.
(d)
(I)
Noise abatement plans developed in accordance with subsection (2)(c)(II) of this section must be properly posted at each airport.
(II)
Each airport shall conduct meetings with the airport's flight schools, fuel operators, and pilots who commonly fly out of the airport on a regular basis to inform the parties of the noise abatement procedures and how they might comply with such procedures.
(III)
Each airport shall create and post on its website an internal communications plan detailing how they intend to ensure that their noise abatement plan is well understood and available to all aircraft operators.
(e)
Noise abatement plans developed in accordance with subsection (2)(c)(II) of this section must be submitted to the FAA and are not contingent on FAA approval.
(f)
If an airport or an entity operating an airport has one or more avigation easements in place, the airport or entity must certify in writing for each grant application that the airport or entity is in compliance with all the easements.
(g)
An airport or an entity operating an airport must certify in writing for each grant application that the airport or entity is in compliance with all applicable federal laws and regulations.
(h)
The limitation on the expenditure of money from the fund set forth in subsection (2)(c) of this section does not apply to money expended for an aviation project that is for an international airport or that is determined by the division to be directly utilized towards the transition from leaded aviation gasoline to unleaded aviation gasoline, including but not limited to improvements, additions, and modifications described in section 43-10-102 (3)(a)(IX) to (3)(a)(XII), for the health, safety, and welfare of individuals who reside near the airport at which the aviation project will be completed.
(3)
(Deleted by amendment, L. 2009, (HB 09-1066), ch. 302, p. 302, § 3, effective August 5, 2009.)
(4)
Repealed.
(5)
In addition to grants authorized pursuant to subsection (2) of this section, the division itself may be a recipient of a state aviation system grant, but only for purposes of implementing a statewide aviation project that would not otherwise be implemented by an entity operating an FAA-designated public-use airport. Any application for such a grant shall be submitted to the governor's office for review and recommendation prior to a final decision. The governor shall accomplish his review and recommendation within thirty days of submittal of the proposal by the board. The board shall make final decisions on the awarding of grants to the division for a statewide aviation project subject to the availability of moneys in the statewide aviation fund created in section
43-10-109
.
Amended by 2024 Ch. 190,§ 6, eff. 5/17/2024.
L. 91: Entire section added, p. 2394, § 17, effective July 1. L. 91, 1st Ex. Sess.: Entire section added, p. 3, § 5, effective July 1. L. 2001: (4) repealed, p. 1287, § 81, effective June 5. L. 2009: (2) and (3) amended and (5) added, (HB 09 -1066), ch. 82, p. 302, §3, effective August 5.
The amendments to this section made by chapter 1, L. 91, First Extraordinary Session 3, section 5, supersede the amendments made by chapter 330, L. 91, 2394, section 17. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814, P.2d 875 (Colo. 1991).)