[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5112 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5112

To establish that no Federal statute is intended to preempt a cause of 
   action against an airport maintained in any State small claims or 
 superior court by any individual or city within 5 miles of an airport 
when an action is brought for noise or nuisance caused by ground-based 
   noise in violation of a State statute as specified, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2019

    Ms. Speier (for herself, Ms. Eshoo, Ms. Norton, and Mr. Raskin) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To establish that no Federal statute is intended to preempt a cause of 
   action against an airport maintained in any State small claims or 
 superior court by any individual or city within 5 miles of an airport 
when an action is brought for noise or nuisance caused by ground-based 
   noise in violation of a State statute as specified, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Low-frequency Energetic Acoustics 
and Vibrations Exasperate Act'' or the ``LEAVE Act''.

SEC. 2. STANDARD FOR NOISE OR NUISANCE ACTIONS.

    (a) Standard.--Notwithstanding any other provision of law, a 
standard enforceable in State court may be set by one or more States 
participating in a study described in subsection (b) upon publication 
of such study.
    (b) Study.--
            (1) In general.--One or more States may conduct one or more 
        studies of ground-based noise from aircraft operations at an 
        airport within a State.
            (2) Collaboration.--States may collaborate on developing 
        the methodology and standards for a study under this Act.
            (3) Content.--A study under this Act shall--
                    (A) identify the amount of ground-based noise 
                emanating from one or more airports in the State or 
                States during the study period;
                    (B) identify the noise level above which there is 
                present a substantial negative impact to residents and 
                businesses within 5 miles of any airport that is 
                studied; and
                    (C) identify any diminution of real property values 
                from those that might otherwise be attained in the 
                absence of the noise that creates a substantial 
                negative impact.
            (4) Baseline.--A study under this Act shall identify a 
        baseline value of ground-based noise above which an airport in 
        the study is presumed to be permitting an excess of noise to 
        propagate to a community within 5 miles of an airport.
            (5) Factors.--Recognizing that topography, characteristics 
        of airport construction, weather, and variable air traffic 
        volumes are among many factors affecting the amount of 
        perceived ground-based noise emanating from an airport, a 
        State--
                    (A) need not establish a uniform standard of 
                exceedance for every airport;
                    (B) need not limit its analysis to such factors; 
                and
                    (C) shall establish a reasonable methodology for 
                establishing such a standard and apply such methodology 
                across the State or States.
            (6) Methodology.--The methodology for establishing the 
        standard may take into account--
                    (A) a history of ground-based noise emanating from 
                the airport;
                    (B) the reasonable expectations of impacted 
                residents for the quiet use and enjoyment of owned or 
                rented property; and
                    (C) any other factors that a State considers 
                appropriate to reduce substantial negative impacts of 
                noise propagating to a community within 5 miles of an 
                airport.
            (7) Setting aside of methodology or standard.--A 
        methodology or standard established by a State shall not be set 
        aside unless a Federal court determines such methodology or 
        standard to be arbitrary or capricious.
            (8) Publication.--A study described in this subsection 
        shall be published.
    (c) Preemption.--Congress hereby finds and declares that no Federal 
statute is intended to preempt a cause of action against an airport 
maintained in any State small claims or superior court, by any 
individual or city within 5 miles of the airport, when an exceedance of 
a standard established by a State pursuant to this Act for an airport 
is averred.
    (d) Definitions.--In this Act, the following definitions apply:
            (1) Ground-based noise.--The term ``ground-based noise'' 
        means noise emanating from an aircraft operating on the ground 
        predominately consisting of noise of 200 Hz or below.
            (2) Substantial negative impact.--The term ``substantial 
        negative impact'' means a noise exceedance that is injurious to 
        health, offensive to the senses, or an obstruction to the free 
        use of property, and interferes with the comfortable enjoyment 
        of life or property by an entire community or neighborhood, or 
        by any considerable number of persons, whether or not the 
        entire community or those considerable number of persons 
        participate in the cause of action.
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