HF 87 (LSB 1070YH (3) 91)

HOUSE FILE 87

BY  WILLS

A BILL FOR

An Act relating to public access to vertiports.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  330B.1  Definitions.
   As used in this chapter:
   1.  “Department” means the state department of transportation.
   2.  “Local authority” includes every county, municipality, and other local board or body having authority to adopt local regulations under the Constitution of the State of Iowa and laws of this state.
   3.  “Vertiport” means infrastructure, including a system with supporting services and equipment, intended for landing, ground-handling, and take-off of crewed or uncrewed vertical take-off and landing aircraft.
    Sec. 2.  NEW SECTION.  330B.2  Vertiport policy.
   This chapter is intended to promote the development of a network of vertiports that must provide equitable access to the citizens of this state who may benefit from advanced air mobility operations for cargo and passenger service, and to prohibit vertiport monopolization and discrimination, by doing all of the following:
   1.  Encouraging the general assembly to fund the planning for and construction of public-use vertiports.
   2.  Encouraging local zoning authorities and other land use authorities to ensure an adequate number and a varied location of vertiports to serve citizens of this state throughout this state.
   3.  Promoting competition and equity of access by prohibiting the grant of an exclusive right to vertiport owners or to vertiport operators at one or more vertiports.
    Sec. 3.  NEW SECTION.  330B.3  Applicability.
   This chapter applies to any vertiport that is available for public use by an advanced air mobility operator who is authorized by the United States department of transportation or federal aviation administration to engage in passenger or cargo services in scheduled or nonscheduled service in or affecting interstate commerce.
    Sec. 4.  NEW SECTION.  330B.4  Federal compliance —— design and layout plan.
   1.  A vertiport must comply with any federal aviation administration-published rule or advisory circular containing standards for vertiport design and performance characteristics.
   2.  An owner or operator of a public-use vertiport shall submit a vertiport layout plan to the administrator of the federal aviation administration in the form and manner determined by the administrator, and shall not conduct operations at the vertiport until such layout plan is approved.
    Sec. 5.  NEW SECTION.  330B.5  Exclusive rights prohibited.
   A local authority shall not grant or authorize an exclusive right to one or more vertiport owners or operators through zoning regulations or other means and shall promote reasonable access to advanced air mobility operators at public-use vertiports within the local authority’s jurisdiction through the use of zoning regulations.
    Sec. 6.  NEW SECTION.  330B.6  Harmonization.
   This chapter is intended to supplement any provision of federal law pertaining to the design, construction, operation, or maintenance of a vertiport designed or constructed with a grant under 49 U.S.C. §47101 et seq., and any provision of this chapter found to be in conflict with or otherwise preempted by federal law is unenforceable. Pursuant to section 4.12, an unenforceable provision does not invalidate any other provision of this chapter.
    Sec. 7.  NEW SECTION.  330B.7  Right of action.
   A person who is injured due to a violation of this chapter has a right of action for all damages actually sustained, severally or jointly, against the person who violated this chapter.
    Sec. 8.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to public access to vertiports, defined in the bill. The bill is intended to promote the development of a network of vertiports that provide equitable access to Iowa citizens and to prohibit vertiport monopolization and discrimination.
   The bill specifies the type of vertiports covered by the bill, requires federal compliance relating to vertiport design and required layout plans, and prohibits exclusive and discriminating zoning regulations.
   The bill specifies that an injured person has a right of action for all damages actually sustained, severally or jointly, against a person who violates the bill.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.