Senate Study Bill 3049 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to airport registration and site approval by 1 the department of transportation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5329DP (3) 89 th/ns

S.F. _____ H.F. _____ Section 1. Section 328.19, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. The department shall promulgate rules pursuant to 3 the provisions of chapter 17A governing the issuance by the 4 department of certificates of registration to all airports 5 in this state which are open for use by the public and 6 governing the annual renewal of those certificates. These 7 rules shall require that an airport applying for a certificate 8 of registration or for a renewal shall comply with minimum 9 standards of safety as promulgated by the department , 10 adopt safe air traffic patterns, and demonstrate that such 11 air traffic patterns are safely coordinated with those of 12 all existing airports and approved airport sites in its 13 vicinity before the certificates certificate of registration 14 or certificate of renewal may be issued. Certificates of 15 registration or renewal may be issued subject to any conditions 16 the department deems necessary to carry out the purposes of 17 this section . The department may, after notice and opportunity 18 for hearing as provided in chapter 17A , revoke any certificate 19 of registration or renewal, or may refuse to issue a renewal, 20 when it the department determines that any of the following 21 have occurred : 22 a. 1. That there The airport has been an abandonment of the 23 airport as such; abandoned. 24 b. 2. That there has been a failure to comply The 25 airport is no longer in compliance with the conditions of the 26 registration or renewal thereof; or . 27 c. 3. That because of A change of in physical or legal 28 conditions or circumstances the airport has become made the 29 airport either unsafe or unusable for the aeronautical purposes 30 for which the registration or renewal was issued. 31 Sec. 2. Section 328.19, subsections 2, 3, 4, and 5, Code 32 2022, are amended by striking the subsections. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 5329DP (3) 89 th/ns 1/ 2

S.F. _____ H.F. _____ the explanation’s substance by the members of the general assembly. 1 Under current law, the department of transportation (DOT) is 2 required to promulgate rules regarding the issuance and renewal 3 of certificates of registration to airports which are open for 4 public use. The rules must require that an airport applying 5 for a certificate of registration or for a renewal must comply 6 with minimum standards of safety as promulgated by the DOT, 7 adopt safe air traffic patterns, and demonstrate that such 8 air traffic patterns are safely coordinated with those of all 9 existing airports and approved airport sites in its vicinity. 10 This bill strikes the requirement that the DOT’s rules 11 ensure the airport adopts safe air traffic patterns and 12 demonstrates that such air traffic patterns are safely 13 coordinated, as those matters are currently handled by the 14 federal aviation administration. 15 The bill also strikes the following: the requirement that 16 the DOT promulgate rules governing the issuance of certificates 17 of airport site approval, which under current law provide that 18 any person or governmental subdivision desiring or planning to 19 construct or establish an airport must obtain a certificate 20 of site approval prior to acquiring the site or prior to the 21 construction or establishment of the airport; the requirement 22 that the DOT charge a reasonable site safety inspection fee for 23 the issuance of a certificate of site approval; the requirement 24 that the DOT investigate whether the site is adequate for the 25 proposed airport, whether such proposed airport will conform 26 to minimum standards of safety, and whether safe air traffic 27 patterns are established for the proposed airport and safely 28 coordinated; provisions governing when a certificate of site 29 approval remains in effect; a prohibition against requiring a 30 certificate of site approval for an existing airport; and an 31 authorization for the DOT to hold a related hearing. 32 The bill makes miscellaneous organizational and language 33 changes to enhance readability and conform to current style. 34 -2- LSB 5329DP (3) 89 th/ns 2/ 2