H.R. 7853 (117^th): Aviation-Impacted Communities Act

summarizes the relevant literature and studies done on aviation impacts worldwide;

focuses on large hub commercial airports and surrounding communities, including communities currently outside of the 65 DNL contour in—

the collection and consolidation of quantifiable, observational, experiential, anecdotal, or other data from—

the Day-Night Average Sound Level, using measured data or modeled data (or other noise metrics, as applicable);

any other existing or supplemental noise metrics from data collected by noise monitor stations;

emissions generated by individual and cumulative takeoffs and landings, including emissions that impact the ground level;

lateral trajectory and altitude of flight paths as demonstrated by actual and comprehensive radar flight track data in addition to published routes;

how aviation impacts communities surrounded by multiple airports;

how aviation impacts communities with unique geography, including communities situated at higher elevation or near large bodies of water;

any other data requested by the impacted community in order to give a comprehensive understanding of the impacts on such community, including comparative data for equity analysis;

recommendations on actions or mitigation that can be taken to alleviate—

any other data or information determined to be relevant by the National Academies in analyzing aviation impacts.

In general

Using findings from the study, the National Academy of Sciences shall provide the FAA with a framework and diagnostic tool for—

Requirement

In developing the framework and diagnostic tool under paragraph (1), the National Academy of Sciences shall—

In general

Not later than 90 days after the date of enactment of this Act, the Administrator shall conduct outreach to State, regional, and local elected officials of aviation-impacted communities to inform them of the opportunity to be a designated community.

Requirements

The outreach described in paragraph (1) shall—

recognize such community as a designated community upon request; and

acknowledge each community requesting designation on the website of the Federal Aviation Administration.

select a community board comprised of individuals that equally represent—

in the case where such designated community decides to maintain an existing group of primarily elected local officials that has previously been constituted for purposes of working on aviation-related issues, designate such existing group as a community board pursuant to this section, so long as—

designate an FAA designee; and

ensure that representatives of and, when appropriate and upon request of a community board, relevant experts from the Federal Aviation Administration participate in meetings of a community board.

In general

A community board may draft a community report detailing the community’s concerns and issues related to aviation impacts.

Contents

A community report may be comprised of, or include, community information, documents, or locally conducted assessments.

In general

A community board may petition the Administrator to conduct a community assessment, which shall be conducted based on the framework and diagnostic tool established by the National Academy of Sciences under section 3 and the community reports described in subsection (e).

Limitation

A community board may petition the Administrator to conduct not more than 1 community assessment under paragraph (1) every 3 years.

Exception

Notwithstanding paragraph (2), a community board may petition the Administrator to conduct an additional community assessment during the 3-year period described in paragraph (2) if—

include a long-term regional plan that focuses on reducing and minimizing aviation impacts for the designated community or communities, including sound insulation or other noise mitigation infrastructure, air filtration systems, and changes in flight paths or procedures; and

require the appropriate district office of the Federal Aviation Administration and air traffic control facility to consider the implementation of changes to flight operations, flight paths, and vertical guidance if the community assessment described in section 5(f) indicates that such changes would decrease the impacts on the designated community, including examining the population density in the communities described in such report and assessment in considering such implementation.

In general

The Administrator shall establish an appeals process, through which a community board may appeal the determination by the Federal Aviation Administration not to implement a change under subsection (c) to an independent panel comprised equally of independent public health experts, environmental experts, and aviation experts.

Recommendations

In carrying out paragraph (1), the Administrator shall seek recommendations from the National Academy of Sciences for panel experts described in such paragraph.

Requirement to convene

An independent panel convened pursuant to paragraph (1) shall convene not later than 6 months after the receipt of an appeal pursuant to such paragraph and shall respond to such appeal not later than 3 months after the date on which such panel convenes.

to the public in a culturally and linguistically appropriate fashion given the needs or requests of the community at issue;

to the offices of the Members of Congress and Senators representing the community at issue;

to the relevant committees of the House of Representatives and the Senate; and

upon request, to appropriate State, regional, and local elected officials.

residences;

hospitals;

nursing homes and adult or child day care centers;

schools;

places of worship; and

other impacted facilities indicated by a community assessment under section 5(f).

sound insulation of structures;

construction of noise barriers or acoustic shielding to mitigate ground-level noise; and

other mitigation as indicated by a community assessment under section 5(f) or an action plan under section 6 using the diagnostic tool developed by the National Academy of Sciences under section 3.

In general

Using the framework and diagnostic tool developed by the National Academy of Sciences under section 3, in carrying out an action plan described in section 6, the Administrator shall develop standards for determining which communities are subject to significant frequency of overhead flights, which shall be eligible for noise mitigation funding.

Noise mitigation

In carrying out an action plan described in section 6, the Administrator and airport operators shall provide grants for noise mitigation for aviation-impacted communities that are subjected to a high frequency of flight operations or from the adoption of new flight procedures (as determined by the Administrator through the use of the framework and diagnostic tool developed by the National Academy of Sciences under section 3).

a total of $750,000,000 for fiscal years 2021 through 2030; and

such sums as necessary, but not to exceed 0.25 percent of the annual change in uncommitted balance of such Trust Fund in a fiscal year, for fiscal years after fiscal year 2030.

to make grants under section 7;

in an amount of not more than 5 percent, to support FAA expenditures required for the administration this Act; and

any amounts not expended under paragraph (1) or (2), to make grants described in section 47117(e)(1)(A) of title 49, United States Code.