GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 494

SENATE BILL 260

 

AN ACT TO REQUIRE GENERAL ASSEMBLY REVIEW OF ALL CHANGES IN SPECIAL USE AIRSPACES IN THE AIRSPACE OVER NORTH CAROLINA.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 63 of the General Statutes is amended by adding a new Article to read:

"Article 9.

"Changes in Special Use Airspaces.

"§ 63-90.  Public purpose declared.-It is the intent of the General Assembly that the legislative branch review and comment on all applications and actions of the Federal Aviation Administration concerning the creation of or changes in special use airspaces for aircraft operation over North Carolina.

"§ 63-91.  General Assembly review and approval.-The Division of Aviation of the Department of Transportation shall bring before the General Assembly or the Joint Legislative Commission on Governmental Operations all applications to the Federal Aviation Administration and all proposed rule changes by the Federal Aviation Administration for the creation of or changes in special use airspaces, including military operation areas and restricted areas for aircraft operation over North Carolina during the period for public comment.  If the General Assembly is in session during that period, information on the pending application or rule change shall be presented to the standing Transportation Committees of the House of Representatives and the Senate.  If the comment period occurs when the General Assembly is not in session then the Division of Aviation of the Department of Transportation shall bring the relevant information before the Joint Legislative Commission on Governmental Operations.  The General Assembly or the Joint Legislative Commission on Governmental Operations will then review and comment on those applications.

"§ 63-92.  Effect of General Assembly review.-(a) If the General Assembly or the Joint Legislative Commission on Governmental Operations determines that the proposed change is in the best interests of the citizens of this State, then the Division of Aviation of the Department of Transportation shall notify the Federal Aviation Administration of the General Assembly's official position on the pending application or rule change when it submits the State's official position on the pending application or rule change.

(b)       If the General Assembly or the Joint Legislative Commission on Governmental Operations determines that the proposed change is not in the best interests of the citizens of this State, then the Division of Aviation of the Department of Transportation shall notify the Federal Aviation Administration of the General Assembly's official position opposing the pending application or rule change when it submits the State's official position on the pending application or rule change."

Sec. 2.  This act is effective upon ratification and applies to pending changes in ceilings.

In the General Assembly read three times and ratified this the 29th day of June, 1987.