GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 855
Commerce Committee Substitute Adopted 4/25/01

Short Title:	Airport Facilities Defined.	()	
Sponsors:	     	
Referred to:	     	
April 4, 2001

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE DEFINITION OF AIRPORT FACILITIES FOR CERTAIN PURPOSES. 

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 63‑1 is amended by adding a new subdivision to read:
"(8a)	'Airport facilities' means all properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases 'air navigation facility', 'airport', or 'airport protection privileges' under G.S. 63-1; the definition of 'aeronautical facilities' in G.S. 63-79(1); the phrase 'airport facilities' as used in G.S. 159-48(b)(1); the phrase 'aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase 'airport facilities and improvements' as used in Article V, Section 13, of the North Carolina Constitution. This definition includes, without limitation, any and all of the following:  airports, airport maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting, airport and airport-related offices, parking facilities, related navigational and signal systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or other interests in, air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe and efficient operation thereof; and any combination of any or all of such facilities. This definition of airport facilities shall be applicable to any and all rules and regulations heretofore or hereafter adopted by any governmental body, agency, or authority of the State of North Carolina or any subdivision thereof." SECTION 2.  The General Assembly finds that:
(1)	The provision of adequate air service is vital to the continued development of North Carolina, including the provision of adequate airport facilities for flights into and out of the State.
(2)	The areas in the Neuse River Basin are among the fastest growing in North Carolina and, indeed, in the United States, with concomitant growth in the need for air service and airport facilities.
(3)	In order to ensure safe and adequate air service, the Federal Aviation Administration has imposed, and continues to impose, new and increasingly stringent requirements on airports and airport facilities, such as the construction of safety areas at the ends of airport runways.
(4)	Increased air traffic into and out of airports has created a need for construction, expansion, renovation, and other work at and on all parts of the airport facilities, including clear zones, fields, hangars, land, landing lighting, airport and airport‑related offices, parking facilities, related navigational and signal systems, runways, terminals, terminal and other airport shops, and all appurtenant areas used or suitable for airport buildings or other airport facilities and all appurtenant rights‑of‑way.
(5)	Such work needs to proceed in a timely fashion and with predictable timetables, given the need to schedule air traffic to accommodate this construction work.
(6)	The General Assembly established in 1996 (and as amended by Session Law 1998‑221) a goal to reduce the average annual load of nitrogen delivered from point and nonpoint sources to the Neuse River Estuary by a minimum of thirty percent (30%) of the average load for the period 1991 through 1995 by the year 2001 and directed the Environmental Management Commission ("EMC") to develop and adopt a plan to achieve this goal.
(7)	In 1997 the General Assembly directed the EMC to develop and implement a basinwide water quality plan for each of the State's 17 major river basins.
(8)	In 1997, in response to these legislative mandates, the EMC adopted a Neuse River Nutrient Sensitive Water Management Strategy as temporary and permanent rules and adopted revisions to these rules in 1998.
(9)	In 1998 the General Assembly enacted legislation to disapprove 15A NCAC 2B.0233, entitled the "Neuse River Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Areas with Existing Forest Vegetation" ("Temporary Neuse Buffer Rule") as a permanent rule while continuing this rule in effect as a temporary rule with certain modifications until the EMC adopted a revised temporary and permanent rule.
(10)	The EMC has also proposed and, in some cases, adopted other basinwide water quality management strategies ("Basinwide Management Strategies"), pursuant to G.S. 143‑214.1, 143‑214.7, 143‑215.3, and 143B‑282, in order to protect water quality standards and uses as required to implement basinwide water quality management plans, including permanent rules adopted for the Neuse River and the Tar‑Pamlico River Basins, including the Neuse Buffer Rule.
(11)	The Temporary Neuse Buffer Rule was replaced by a final rule, (Neuse Buffer Rule), which becomes effective on August 1, 2001.
(12)	The Neuse Buffer Rule and the other Basinwide Management Strategies impact on airport facilities located within their respective basin areas.
(13)	The Neuse Buffer Rule contains references to the application of that rule to "airport facilities," and allow work to occur at those airport facilities, sometimes with mitigation, but that rule does not contain a definition of what is meant by the phrase "airport facilities".
(14)	The phrase "airport facilities" as used in the Neuse Buffer Rule has been interpreted by the Division of Water Quality ("DWQ") within the Department of Environment and Natural Resources ("DENR") very narrowly, such as to include only runways, taxiways, and required safety directional equipment.
(15)	The lack of definition and the narrowness of interpretation of the phrase "airport facilities" as used in the Neuse Buffer Rule have created ambiguity, delay, additional expense and other problems for airports seeking to meet the needs for increased air service and FAA regulations.
SECTION 3. Definitions. – Unless otherwise required by the context, the following definitions apply throughout this act:
(1)	"Basinwide Management Strategies" means rules to protect water quality standards and uses as required to implement basinwide water quality management plans pursuant to G.S. 143‑214.1, 143‑214.7, 143‑215.3, and 143B‑282 and other provisions, including the Neuse Buffer Rule and any temporary or permanent rules adopted for other river basins.
(2)	"Commission" means the Environmental Management Commission.
(3)	"Department" means the Department of Environment and Natural Resources.
(4)	"Disapproval Legislation" means Sections 1.1, 1.2, 1.3, 1.4, 1.6, 1.7, 1.8, and 1.14 of Session Law 1998‑221, effective November 5, 1998.
(5)	"Secretary" means the Secretary of Environment and Natural Resources.
(6)	"Neuse Buffer Rule" means 15A NCAC 2B.0233 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Areas with Existing Forest Vegetation), adopted as a permanent rule by the Commission effective 1 August 2000.
SECTION 4.  Airport Facilities Defined and Work Allowed. – (a) The Commission and the Department shall implement the Neuse Buffer Rule and Basinwide Management Strategies as provided in this section.
SECTION 4.(b)  As used in the Neuse Buffer Rule and the Basinwide Management Strategies adopted as of the date of this act, the phrase "airport facilities" is not defined within those rules, but the Department and the Commission shall interpret the phrase "airport facilities" for purposes of interpreting and applying the Neuse Buffer Rule and any Basinwide Management Strategies to have the same meaning as in G.S. 63‑1.
SECTION 4.(c)  As used in the Neuse Buffer Rule and the Basinwide Management Strategies, work occurring at "airport facilities" shall be classified as exempt, rather than allowable or allowable with mitigation.
SECTION 5.  Revision of Neuse Buffer Rule and Basinwide Management Strategies. – The Commission shall revise the Neuse Buffer Rule and any adopted Basinwide Management Strategies in accordance with this act and implement them in accordance with this act.
SECTION 6.  Construction of act. – This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act.  Every State agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to that agency.
SECTION 7.  This act is effective when it becomes law.