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
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
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.