(1)In order to support
and improve the state aviation system, there is hereby established the state
aviation system grant program. The grant program shall be implemented and
administered by the division and the board in accordance with the provisions of this
section.
(2)(a) Except as otherwise provided in subsection (2)(c) of this section, any
entity operating an FAA-designated public-use airport may apply to the division for
a state aviation system grant to be used solely for aviation purposes. Applications
must contain such information as may be required by the division and shall be filed
in accordance with procedures established by the division. In order to be eligible for
a grant, the applicant must demonstrate, to the satisfaction of the division, that the
grant shall be
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(1) In order to support
and improve the state aviation system, there is hereby established the state
aviation system grant program. The grant program shall be implemented and
administered by the division and the board in accordance with the provisions of this
section.
(2) (a) Except as otherwise provided in subsection (2)(c) of this section, any
entity operating an FAA-designated public-use airport may apply to the division for
a state aviation system grant to be used solely for aviation purposes. Applications
must contain such information as may be required by the division and shall be filed
in accordance with procedures established by the division. In order to be eligible for
a grant, the applicant must demonstrate, to the satisfaction of the division, that the
grant shall be used solely for aviation purposes as defined in section 43-10-102 (3).
The division shall evaluate grant applications based upon criteria established by the
division, and criteria set forth in subsection (2)(b) of this section, and make
recommendations to the board on the awarding of grants. Any grant proposed by
the board must be submitted to the governor's office for review and
recommendation prior to a final decision. The governor shall accomplish the
governor's review and recommendation within thirty days of submittal of the grant
proposal by the board. The board shall make final decisions on the awarding of
grants subject to the availability of money in the aviation fund created in section
43-10-109. The board shall establish procedures to ensure that grants awarded
pursuant to the provisions of this section are used solely for aviation purposes as
required by this subsection (2).
(b) The division, when evaluating grant applications and making
recommendations to the board as to the awarding of grants; the governor's office,
when reviewing requested grants recommended by the division making
recommendations regarding such requested grants to the board; and the board,
when awarding grants, shall designate the lesser of ten percent of the amount
awarded in grants per year or one million five hundred thousand dollars per year in
grants for the aviation purposes of aiding and accelerating the transition from
leaded aviation gasoline to unleaded aviation gasoline. The board shall prioritize
awarding grants designated to address the transition from leaded aviation gasoline
to unleaded aviation gasoline to airports with significant general aviation traffic in
urban and suburban areas where surrounding communities may be
disproportionately impacted by such traffic. If the board does not receive grant
applications equaling at least the amount designated by the board pursuant to this
subsection (2)(b) in any given year, the board may use the remainder of this funding
for other aviation purposes.
(c) Except as otherwise provided in subsection (2)(h) of this section, money
shall not be expended from the fund for a grant awarded pursuant to this section or
otherwise to an airport that the division has identified as being located in a densely
populated residential area or as having a significant number of flights over a
densely populated residential area unless the airport or entity operating the airport
demonstrates to the satisfaction of the division that:
(I) By January 1, 2026, it has adopted a plan for phasing out sales of leaded
aviation gasoline at the airport by January 1, 2030, with execution of the plan in
accordance with FAA and federal environmental protection agency requirements or
other relevant federal guidance; and
(II) It has established, in consultation with flight schools and pilots that
regularly use the airport, a voluntary noise abatement plan, with execution of the
noise abatement plan in accordance with FAA and federal environmental protection
agency requirements or other relevant federal guidance, so that aircraft noise is not
a significant public nuisance and does not cause significant adverse impacts to the
health, safety, and welfare of individuals residing near the airport. The division shall
develop guidelines for the establishment of effective voluntary noise abatement
plans that must include, at a minimum:
(A) Publication of noise abatement plans among all airport operators; and
(B) Noise abatement plan elements, including, but not limited to, a voluntary
curfew on when flights may depart from the airport; voluntary guidelines on the
number of flights that may depart from the airport within specified periods; and
voluntary guidelines on the frequency of touch and go flights during which an
aircraft touches down on a runway and then immediately accelerates and takes off
again without stopping.
(d) (I) Noise abatement plans developed in accordance with subsection
(2)(c)(II) of this section must be properly posted at each airport.
(II) Each airport shall conduct meetings with the airport's flight schools, fuel
operators, and pilots who commonly fly out of the airport on a regular basis to
inform the parties of the noise abatement procedures and how they might comply
with such procedures.
(III) Each airport shall create and post on its website an internal
communications plan detailing how they intend to ensure that their noise
abatement plan is well understood and available to all aircraft operators.
(e) Noise abatement plans developed in accordance with subsection (2)(c)(II)
of this section must be submitted to the FAA and are not contingent on FAA
approval.
(f) If an airport or an entity operating an airport has one or more avigation
easements in place, the airport or entity must certify in writing for each grant
application that the airport or entity is in compliance with all the easements.
(g) An airport or an entity operating an airport must certify in writing for each
grant application that the airport or entity is in compliance with all applicable
federal laws and regulations.
(h) The limitation on the expenditure of money from the fund set forth in
subsection (2)(c) of this section does not apply to money expended for an aviation
project that is for an international airport or that is determined by the division to be
directly utilized towards the transition from leaded aviation gasoline to unleaded
aviation gasoline, including but not limited to improvements, additions, and
modifications described in section 43-10-102 (3)(a)(IX) to (3)(a)(XII), for the health,
safety, and welfare of individuals who reside near the airport at which the aviation
project will be completed.
(3) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 302, � 3,
effective August 5, 2009.)
(4) Repealed.
(5) In addition to grants authorized pursuant to subsection (2) of this section,
the division itself may be a recipient of a state aviation system grant, but only for
purposes of implementing a statewide aviation project that would not otherwise be
implemented by an entity operating an FAA-designated public-use airport. Any
application for such a grant shall be submitted to the governor's office for review
and recommendation prior to a final decision. The governor shall accomplish his
review and recommendation within thirty days of submittal of the proposal by the
board. The board shall make final decisions on the awarding of grants to the division
for a statewide aviation project subject to the availability of moneys in the
statewide aviation fund created in section 43-10-109.