Senate File 2140 - IntroducedA Bill ForAn Act 1relating to airport registration and site approval by
2the department of transportation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 328.19, subsection 1, Code 2022, is
2amended to read as follows:
   31.  The department shall promulgate rules pursuant to
4the provisions of chapter 17A governing the issuance by the
5department of certificates of registration to all airports
6in this state which are open for use by the public and
7governing the annual renewal of those certificates. These
8rules shall require that an airport applying for a certificate
9of registration or for a renewal shall comply with minimum
10standards of safety as promulgated by the department,
11adopt safe air traffic patterns, and demonstrate that such
12air traffic patterns are safely coordinated with those of
13all existing airports and approved airport sites in its
14vicinity
before the certificates certificate of registration
15or certificate of renewal may be issued. Certificates of
16registration or renewal may be issued subject to any conditions
17the department deems necessary to carry out the purposes of
18this section. The department may, after notice and opportunity
19for hearing as provided in chapter 17A, revoke any certificate
20of registration or renewal, or may refuse to issue a renewal,
21when it the department determines that any of the following
22have occurred
:
   23a.    1.  That there The airport has been an abandonment of the
24airport as such;
 abandoned.
   25b.    2.  That there has been a failure to comply The
26airport is no longer in compliance
with the conditions of the
27registration or renewal thereof; or.
   28c.    3.  That because of A change of in physical or legal
29conditions or circumstances the airport has become made the
30airport
either unsafe or unusable for the aeronautical purposes
31for which the registration or renewal was issued.
32   Sec. 2.  Section 328.19, subsections 2, 3, 4, and 5, Code
332022, are amended by striking the subsections.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
   2Under current law, the department of transportation (DOT) is
3required to promulgate rules regarding the issuance and renewal
4of certificates of registration to airports which are open for
5public use. The rules must require that an airport applying
6for a certificate of registration or for a renewal must comply
7with minimum standards of safety as promulgated by the DOT,
8adopt safe air traffic patterns, and demonstrate that such
9air traffic patterns are safely coordinated with those of all
10existing airports and approved airport sites in its vicinity.
   11This bill strikes the requirement that the DOT’s rules
12ensure the airport adopts safe air traffic patterns and
13demonstrates that such air traffic patterns are safely
14coordinated, as those matters are currently handled by the
15federal aviation administration.
   16The bill also strikes the following: the requirement that
17the DOT promulgate rules governing the issuance of certificates
18of airport site approval, which under current law provide that
19any person or governmental subdivision desiring or planning to
20construct or establish an airport must obtain a certificate
21of site approval prior to acquiring the site or prior to the
22construction or establishment of the airport; the requirement
23that the DOT charge a reasonable site safety inspection fee for
24the issuance of a certificate of site approval; the requirement
25that the DOT investigate whether the site is adequate for the
26proposed airport, whether such proposed airport will conform
27to minimum standards of safety, and whether safe air traffic
28patterns are established for the proposed airport and safely
29coordinated; provisions governing when a certificate of site
30approval remains in effect; a prohibition against requiring a
31certificate of site approval for an existing airport; and an
32authorization for the DOT to hold a related hearing.
   33The bill makes miscellaneous organizational and language
34changes to enhance readability and conform to current style.
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th/ns