Full Text of SB0636 99th General Assembly
SB0636ham001 99TH GENERAL ASSEMBLY | Rep. Martin J. Moylan Filed: 5/14/2015
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| 1 | | AMENDMENT TO SENATE BILL 636
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 636 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Aeronautics Act is amended by | 5 | | changing Section 47 as follows:
| 6 | | (620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
| 7 | | Sec. 47.
Operation without certificate of approval | 8 | | unlawful;
applications.) An application for a certificate of | 9 | | approval of an
airport or restricted landing area, or the | 10 | | alteration or extension
thereof, shall set forth, among other | 11 | | things, the location of all
railways, mains, pipes, conduits, | 12 | | wires, cables, poles and other
facilities and structures of | 13 | | public service corporations or municipal or
quasi-municipal | 14 | | corporations, located within the area proposed to be
acquired | 15 | | or restricted, and the names of persons owning the same, to the
| 16 | | extent that such information can be reasonably ascertained by |
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| 1 | | the
applicant.
| 2 | | It shall be unlawful for any municipality or other | 3 | | political
subdivision, or officer or employee thereof, or for | 4 | | any person, to make
any alteration or extension of an existing | 5 | | airport or restricted landing
area, or to use or operate any | 6 | | airport or restricted landing area, for
which a certificate of | 7 | | approval has not been issued by the Department;
provided, that | 8 | | no certificate of approval shall be required for an
airport or | 9 | | restricted landing area which was in existence and approved
by | 10 | | the Illinois Aeronautics Commission, whether or not being | 11 | | operated,
on or before July 1, 1945, or for the O'Hare | 12 | | Modernization Program as defined
in Section 10
of the O'Hare
| 13 | | Modernization Act; except that a certificate of approval shall | 14 | | be required
under this Section
for construction of a new runway | 15 | | at O'Hare International Airport with a
geographical | 16 | | orientation that varies from a geographical east-west | 17 | | orientation
by more than 10 degrees, or for construction of a | 18 | | new runway at that airport
that would result in more than 10 8 | 19 | | runways being available for aircraft
operations at that | 20 | | airport.
The Department shall supervise, monitor, and enforce
| 21 | | compliance with the
O'Hare Modernization Act by all other | 22 | | departments, agencies, and units of State
and local
government.
| 23 | | Provisions of this Section do not apply to special purpose | 24 | | aircraft
designated as such by the Department when
operating to | 25 | | or
from uncertificated areas other than their principal base of | 26 | | operations,
provided mutually acceptable arrangements are made |
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| 1 | | with the property
owner, and provided the owner or operator of | 2 | | the aircraft assumes
liabilities which may arise out of such | 3 | | operations.
| 4 | | (Source: P.A. 93-450, eff. 8-6-03.)
| 5 | | Section 10. The Permanent Noise Monitoring Act is amended | 6 | | by changing Sections 5 and 15 as follows:
| 7 | | (620 ILCS 35/5) (from Ch. 15 1/2, par. 755)
| 8 | | Sec. 5. Definitions. As used in this Act:
| 9 | | (a) "Airport" means an airport, as defined in Section 6 of | 10 | | the Illinois
Aeronautics Act, that has more than 500,000 | 11 | | aircraft operations (take-offs
and landings) per year. | 12 | | (a-1) "Airport sponsor" means any municipality, as defined | 13 | | in Section 20 of the Illinois
Aeronautics Act, that can own and | 14 | | operate an airport.
| 15 | | (a-3) "Annual community noise equivalent level" or "annual | 16 | | CNEL" means the average sound level (on an energy basis), in | 17 | | decibels, of the daily community noise equivalent level over a | 18 | | 12-month period. The annual CNEL is calculated by the | 19 | | following: | 20 | | Annual CNEL = 10 log 10 [(1/365) SIGMA antilog (CNEL(i)/10)] | 21 | | Where: | 22 | | (1) CNEL(i) = the daily CNEL for each day in a |
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| 1 | | continuous 12-month period; and | 2 | | (2) SIGMA means summation. | 3 | | When the annual CNEL is approximated by measurements on a | 4 | | statistical basis, the number 365 is replaced by the number of | 5 | | days for which measurements are obtained. | 6 | | (a-5) "Daily community noise equivalent level" or "CNEL" | 7 | | means the 24-hour day average sound level,
in decibels, | 8 | | adjusted to an equivalent level to account for the lower | 9 | | tolerance of people to noise during evening and night time | 10 | | periods relative to the daytime period. The daily community | 11 | | noise equivalent level is calculated from the hourly noise | 12 | | levels by the following: | 13 | | CNEL = 10 log (1/24) [SIGMA antilog (HNLD/10) + 3 SIGMA antilog
| 14 | | (HNLE/10) + 10 SIGMA antilog (HNLN/10)] | 15 | | Where: | 16 | | (1) HNLD means the hourly noise levels for the period | 17 | | 7:00 a.m. through 6:59 p.m.; | 18 | | (2) HNLE means the hourly noise levels for the period | 19 | | 7:00 p.m. through 9:59 p.m.; | 20 | | (3) HNLN means the hourly noise levels for the period | 21 | | 10:00 p.m. through 6:59 a.m.; and | 22 | | (4) SIGMA means summation. | 23 | | (a-8) "Noise exposure level" means the level, in decibels, | 24 | | of the time-integrated A-weighted squared sound pressure for a |
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| 1 | | stated time interval or event, based on the reference pressure | 2 | | of 20 micronewtons per square meter and reference duration of | 3 | | one second. | 4 | | (a-9) "Noise level" means the sound level measure, in | 5 | | decibels, of an A-weighted sound pressure level as measured | 6 | | using the slow dynamic characteristic for sound level meters | 7 | | specified in American National Standard Specification for | 8 | | Sound Level Meters (ANSI S1.4-1983 as revised by ANSI | 9 | | S1.4A-1985), which is hereby incorporated by reference. The | 10 | | A-weighting characteristic modifies the frequency response of | 11 | | the measuring instrument to account approximately for the | 12 | | frequency characteristics of the human ear. The reference | 13 | | pressure is 20 micronewtons/square meter (2 x 10 -4 microbar). | 14 | | (b) "Permanent noise monitoring system" or "system" means a | 15 | | system that
includes at least:
| 16 | | (1) automated noise monitors capable of recording | 17 | | noise levels 24
hours per day 365 days per year; and
| 18 | | (2) computer equipment sufficient to process the data | 19 | | from each noise
monitor so that permanent noise monitoring | 20 | | reports in accordance with
Section 15 of this Act can be | 21 | | generated.
| 22 | | (c) "Division" means the Division of Aeronautics of the | 23 | | Illinois
Department of Transportation.
| 24 | | (d) (Blank). "Ldn" means day-night average sound level. | 25 | | "Day-night average sound
level" has the meaning ascribed to it | 26 | | in Section 150.7 of Part 150
of Title 14 of the Code of Federal |
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| 1 | | Regulations.
| 2 | | (Source: P.A. 96-37, eff. 7-13-09.)
| 3 | | (620 ILCS 35/15) (from Ch. 15 1/2, par. 765)
| 4 | | Sec. 15. Permanent noise monitoring reports. Beginning in | 5 | | 1993 and through 2008, the
Division shall, on June 30th and | 6 | | December 31st of each
year, prepare a permanent noise | 7 | | monitoring report and make the
report available to the public. | 8 | | Beginning in 2009, the
airport sponsor shall, on June 30th and | 9 | | December 31st of each
year, prepare a permanent noise | 10 | | monitoring report and make the
report available to the public. | 11 | | Copies of the report shall be
submitted to: the Office of the | 12 | | Governor; the Office of the President of
the Senate; the Office | 13 | | of the Senate Minority Leader; the Office of the
Speaker of the | 14 | | House; the Office of the House Minority Leader; the United
| 15 | | States Environmental Protection Agency, Region V; and the | 16 | | Illinois
Environmental Protection Agency. Beginning in 2009, a | 17 | | copy of the report shall also be submitted to the division. The | 18 | | permanent noise monitoring report
shall contain all of the | 19 | | following:
| 20 | | (a) Copies of the actual data collected by each permanent | 21 | | noise monitor
in the system.
| 22 | | (b) A summary of the data collected by each permanent noise | 23 | | monitor in
the system, showing the data organized by:
| 24 | | (1) day of the week;
| 25 | | (2) time of day;
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| 1 | | (3) week of the year;
| 2 | | (4) type of aircraft; and
| 3 | | (5) the single highest noise event recorded at each | 4 | | monitor.
| 5 | | (c) Noise contour maps showing the 65 annual CNEL Ldn , 70 | 6 | | annual CNEL Ldn and 75 annual CNEL Ldn zones
around the | 7 | | airport.
| 8 | | (d) Noise contour maps showing the 65 decibel (dBA), 70 | 9 | | dBA, and 75
dBA zones around the airport for:
| 10 | | (1) 7:00 a.m. through 6:59 to 10:00 p.m.;
| 11 | | (1.5) 7:00 p.m. through 9:59 p.m.;
| 12 | | (2) 10:00 p.m. through 6:59 to 7:00 a.m.; and
| 13 | | (3) types of aircraft.
| 14 | | (e) The noise contour maps produced under subsections (c) | 15 | | and (d)
shall also indicate:
| 16 | | (1) residential areas (single and multi-family);
| 17 | | (2) schools;
| 18 | | (3) hospitals and nursing homes;
| 19 | | (4) recreational areas, including but not limited to | 20 | | parks and
forest preserves;
| 21 | | (5) commercial areas;
| 22 | | (6) industrial areas;
| 23 | | (7) the boundary of the airport;
| 24 | | (8) the number of residences (single and multi-family) | 25 | | within each
contour;
| 26 | | (9) the number of residents within each contour;
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| 1 | | (10) the number of schools within each contour; and
| 2 | | (11) the number of school students within each contour.
| 3 | | (f) Through 2008, a certification by the Division that the | 4 | | system was in proper
working order during the period or, if it | 5 | | was not, a specific description
of any and all problems with | 6 | | the System during the period. | 7 | | (g) Beginning in 2009, a certification by the airport | 8 | | sponsor that the system was in proper
working order during the | 9 | | period or, if it was not, a specific description
of any and all | 10 | | problems with the system during the period.
| 11 | | (Source: P.A. 96-37, eff. 7-13-09.)".
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