H.R. 1708 – Reading Mode

110th CONGRESS

1st Session

H. R. 1708

IN THE HOUSE OF REPRESENTATIVES

March 27, 2007

Ms. Harman (for herself and Ms. Waters) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to expand passenger facility fee eligibility for noise compatibility projects.

Expanded passenger facility fee eligibility for noise compatibility projects

Section 40117(b) of title 49, United States Code, is amended by adding at the end the following:

(7)

Noise mitigation for certain schools

(A)

In general

In addition to the uses specified in paragraphs (1), (4), and (6), the Secretary may authorize a passenger facility fee imposed under paragraph (1) or (4) at a large hub airport (as defined in section 47102) that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport where such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if—

(i)

the Secretary determines the building is adversely affected by airport noise;

(ii)

the building is owned or chartered by the school district that was the plaintiff in Case No. 986,442 or Case No. 986,446 that was resolved by such judgment and final order;

(iii)

the project is for a school identified in the settlement agreements effective February 16, 2005, between the airport and the school districts;

(iv)

in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation Administration; and

(v)

the project otherwise meets the requirements of this section for authorization of a passenger facility fee.

(B)

Eligible project costs

In subparagraph (A)(iv), the term eligible project costs means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration.