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

00HOUSE 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.