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HCS CSSB 274(TRA): "An Act relating to the noise levels of airports and sport shooting facilities."

00 HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA)                                                                            
01 "An Act relating to the noise levels of airports and sport shooting facilities."                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 34 is amended by adding a new chapter to read:                                                      
04 CHAPTER 75.  NOISE LEVELS OF SPORT SHOOTING                                                                             
05 FACILITIES AND PRIVATE AIRPORT FACILITIES.                                                                              
06  Sec. 34.75.010.  LIMITATION ON ACTIONS ARISING FROM NOISE                                                             
07 LEVEL.  (a)  Notwithstanding AS 09.45.230, AS 11.61.110, and any other state or                                         
08 municipal law, except (b) of this section and except as may be otherwise provided by                                    
09 federal law, a person may not bring a civil or criminal action against a person who                                     
10 operates or uses a sport shooting facility or a private airport facility if the action arises                           
11 out of the noise level resulting from the normal operation or use of the facility and if                                
12 the facility                                                                                                            
13   (1)  was established or began operation before any noise control law                                                 
14 applied to the facility; or                                                                                             
01   (2)  complies with the noise control laws that applied to the facility                                               
02 when the facility was established or began operation.                                                                   
03  (b)  The prohibition in (a) of this section does not apply to an action that arises                                   
04 out of                                                                                                                  
05   (1)  a contract; or                                                                                                  
06   (2)  a personal injury suffered by a person while on the premises of the                                             
07 facility.                                                                                                               
08  (c)  Even if otherwise allowed by (a) - (b) of this section, a person may not                                         
09 maintain a nuisance action for noise level against a facility located in the vicinity of                                
10 the person's property if the facility was established before the person acquired the                                    
11 property, unless the facility substantially changes the use of the facility after the person                            
12 acquires the property.                                                                                                  
13   Sec. 34.75.020.  TIME LIMITATION ON NUISANCE ACTIONS.  Except as                                                     
14 may otherwise be provided by federal law, a person may not bring a nuisance action                                      
15 otherwise allowed under this chapter for the level of noise against a facility unless the                               
16 action is brought within five years after the facility is established or began operation,                               
17 or, if the action is brought after a substantial change in the use of the facility, within                              
18 three years after the substantial change.  In this section, "established" includes                                      
19 resuming shooting activity at a sport shooting facility if there has not been shooting                                  
20 activity at the facility for three years, or resuming airport activity at a private airport                             
21 facility if there has not been airport activity at the facility for three or more years.                                
22  Sec. 34.75.030.  STATE AND MUNICIPAL REGULATION.  (a)                                                                 
23 Notwithstanding AS 02.15.020 and AS 02.25.020, the state or a municipality may not                                      
24 regulate the outdoor level of noise at a facility if the facility is exempt from a criminal                             
25 or civil action under AS 34.75.010(a).                                                                                  
26  (b)  Except as otherwise provided in this chapter, a municipality may regulate                                        
27 the noise level produced by a facility.                                                                                 
28  Sec. 34.75.090.  DEFINITIONS.  In this chapter,                                                                       
29   (1)  "airport facility" means an area of land or water that is used or                                               
30 intended for use for the landing and take-off of aircraft, including appurtenant areas                                  
31 that are used or intended for use as airport buildings or rights-of-way; in this                                        
01 paragraph, "aircraft" includes fixed-wing and rotor aircraft;                                                           
02   (2)  "facility" means a sport shooting facility or a private airport facility;                                       
03   (3)  "law" means a state statute or regulation or an ordinance of a                                                  
04 municipality;                                                                                                           
05   (4)  "person" includes the state, a state agency, and a municipality;                                                
06   (5)  "private" means an airport that is privately owned and operated;                                                
07 airports owned, operated, or leased by the State of Alaska, a municipality, or a political                              
08 subdivision of the state or local government are considered public airports;                                            
09   (6)  "sport shooting facility" means real property operated for the use                                              
10 of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or similar                               
11 activity related to sport shooting.                                                                                     
12    * Sec. 2.  AS 34.75.010, enacted by sec. 1 of this Act, does not prohibit                                            
13   (1)  the bringing of civil actions for causes of action that accrue before the                                        
14 effective date of this Act; or                                                                                          
15   (2)  the prosecution of criminal actions for activity that occurs before the                                          
16 effective date of this Act.