Illinois General Assembly - Full Text of SB0636
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Aeronautics Act is amended by
5changing 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
8unlawful; applications.) An application for a certificate of
9approval of an airport or restricted landing area, or the
10alteration or extension thereof, shall set forth, among other
11things, the location of all railways, mains, pipes, conduits,
12wires, cables, poles and other facilities and structures of
13public service corporations or municipal or quasi-municipal
14corporations, located within the area proposed to be acquired
15or restricted, and the names of persons owning the same, to the
16extent that such information can be reasonably ascertained by

 

 

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1the applicant.
2    It shall be unlawful for any municipality or other
3political subdivision, or officer or employee thereof, or for
4any person, to make any alteration or extension of an existing
5airport or restricted landing area, or to use or operate any
6airport or restricted landing area, for which a certificate of
7approval has not been issued by the Department; provided, that
8no certificate of approval shall be required for an airport or
9restricted landing area which was in existence and approved by
10the Illinois Aeronautics Commission, whether or not being
11operated, on or before July 1, 1945, or for the O'Hare
12Modernization Program as defined in Section 10 of the O'Hare
13Modernization Act; except that a certificate of approval shall
14be required under this Section for construction of a new runway
15at O'Hare International Airport with a geographical
16orientation that varies from a geographical east-west
17orientation by more than 10 degrees, or for construction of a
18new runway at that airport that would result in more than 10 8
19runways being available for aircraft operations at that
20airport. The Department shall supervise, monitor, and enforce
21compliance with the O'Hare Modernization Act by all other
22departments, agencies, and units of State and local government.
23    Provisions of this Section do not apply to special purpose
24aircraft designated as such by the Department when operating to
25or from uncertificated areas other than their principal base of
26operations, provided mutually acceptable arrangements are made

 

 

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1with the property owner, and provided the owner or operator of
2the aircraft assumes liabilities which may arise out of such
3operations.
4(Source: P.A. 93-450, eff. 8-6-03.)
 
5    Section 10. The Permanent Noise Monitoring Act is amended
6by 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
10the Illinois Aeronautics Act, that has more than 500,000
11aircraft operations (take-offs and landings) per year.
12    (a-1) "Airport sponsor" means any municipality, as defined
13in Section 20 of the Illinois Aeronautics Act, that can own and
14operate an airport.
15    (a-3) "Annual community noise equivalent level" or "annual
16CNEL" means the average sound level (on an energy basis), in
17decibels, of the daily community noise equivalent level over a
1812-month period. The annual CNEL is calculated by the
19following:
 
20
Annual CNEL = 10 log 10 [(1/365) SIGMA antilog (CNEL(i)/10)]

 
21Where:
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
4statistical basis, the number 365 is replaced by the number of
5days for which measurements are obtained.
6    (a-5) "Daily community noise equivalent level" or "CNEL"
7means the 24-hour day average sound level, in decibels,
8adjusted to an equivalent level to account for the lower
9tolerance of people to noise during evening and night time
10periods relative to the daytime period. The daily community
11noise equivalent level is calculated from the hourly noise
12levels by the following:
 
13
CNEL = 10 log (1/24) [SIGMA antilog (HNLD/10) + 3 SIGMA antilog
14
(HNLE/10) + 10 SIGMA antilog (HNLN/10)]

 
15Where:
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,
24of the time-integrated A-weighted squared sound pressure for a

 

 

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1stated time interval or event, based on the reference pressure
2of 20 micronewtons per square meter and reference duration of
3one second.
4    (a-9) "Noise level" means the sound level measure, in
5decibels, of an A-weighted sound pressure level as measured
6using the slow dynamic characteristic for sound level meters
7specified in American National Standard Specification for
8Sound Level Meters (ANSI S1.4-1983 as revised by ANSI
9S1.4A-1985), which is hereby incorporated by reference. The
10A-weighting characteristic modifies the frequency response of
11the measuring instrument to account approximately for the
12frequency characteristics of the human ear. The reference
13pressure is 20 micronewtons/square meter (2 x 10-4 microbar).
14    (b) "Permanent noise monitoring system" or "system" means a
15system 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
23Illinois 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
26in Section 150.7 of Part 150 of Title 14 of the Code of Federal

 

 

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1Regulations.
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
51993 and through 2008, the Division shall, on June 30th and
6December 31st of each year, prepare a permanent noise
7monitoring report and make the report available to the public.
8Beginning in 2009, the airport sponsor shall, on June 30th and
9December 31st of each year, prepare a permanent noise
10monitoring report and make the report available to the public.
11Copies of the report shall be submitted to: the Office of the
12Governor; the Office of the President of the Senate; the Office
13of the Senate Minority Leader; the Office of the Speaker of the
14House; the Office of the House Minority Leader; the United
15States Environmental Protection Agency, Region V; and the
16Illinois Environmental Protection Agency. Beginning in 2009, a
17copy of the report shall also be submitted to the division. The
18permanent noise monitoring report shall contain all of the
19following:
20    (a) Copies of the actual data collected by each permanent
21noise monitor in the system.
22    (b) A summary of the data collected by each permanent noise
23monitor 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
6annual CNEL Ldn and 75 annual CNEL Ldn zones around the
7airport.
8    (d) Noise contour maps showing the 65 decibel (dBA), 70
9dBA, 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)
15and (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
4system was in proper working order during the period or, if it
5was not, a specific description of any and all problems with
6the System during the period.
7    (g) Beginning in 2009, a certification by the airport
8sponsor that the system was in proper working order during the
9period or, if it was not, a specific description of any and all
10problems with the system during the period.
11(Source: P.A. 96-37, eff. 7-13-09.)".