[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4926 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4926
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.
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IN THE HOUSE OF REPRESENTATIVES
August 3, 2021
Ms. Speier (for herself and Ms. Eshoo) 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.
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 ``Low-frequency Energetic Acoustics
and Vibrations Exasperate Act'' or the ``LEAVE Act''.
SEC. 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''
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 property, and interferes with the comfortable enjoyment
of life or property by an entire community or neighborhood, or
by any considerable number of persons, whether or not the
entire community or those considerable number of persons
participate in the cause of action.
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