Listed below is information on New Jersey legislation that is of interest to NJAA Members. Watch for additional information to be added to this page in the weeks and months to come. For more details and the current status of these bill, please go to http://www.njleg.state.nj.us
A108
Sponsored by Assemblyman RICK MERKT
District 25 (Morris)
Exempts federally mandated safety-related activities at airports from freshwater wetlands permit requirement.
This bill would exempt any safety-related activity conducted at an airport and required by the Federal Aviation Administration from the requirement of a freshwater wetlands permit and transition area requirements unless the United States Environmental Protection Agency's regulations providing for the delegation to the State of the federal wetlands program require a permit for any of those activities.
A625
Sponsored by Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman LOUIS MANZO
District 31 (Hudson)
Co-Sponsored by:
Assemblyman DiGaetano, Assemblywoman Weinberg, Assemblymen Munoz, Bateman and Bramnick
Directs DEP to conduct feasibility study of assessing air pollution sources in and around certain airports and military bases
This bill directs the Department of Environmental Protection to undertake a study of the feasibility of Newark International Airport, Teterboro Airport and McGuire Air Force Base implementing an airport bubble program. The department is directed to submit its findings and recommendations from the Newark International Airport and Teterboro Airport feasibility study to the Legislature no later than one year from the effective date of this act. Because the United States Department of Defense has jurisdiction over McGuire Air Force Base, the air pollution regulation issues involved may be unique to military bases, and the information provided from studying the airports may be usefully applied to a study of the base, the bill directs the department to study the feasibility of applying the airport bubble methodology to McGuire Air Force Base separately and directs the department to submit its findings and recommendations to the Legislature no later than 18 months from the effective date of this act.
A669
Sponsored by Assemblyman LARRY CHATZIDAKIS
District 8 (Burlington)
Assemblyman FRANCIS L. BODINE
District 8 (Burlington)
Prohibits expansion or extension of airport runways under certain circumstances.
This bill, in supplementing the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-81 et seq.), would prohibit the owner or operator of a general aviation airport from expanding or extending a runway under certain circumstances. If there is an educational facility located within 3,000 feet of the airport or of the proposed expansion or extension, there is a residential dwelling unit within 1,000 feet of the proposed expansion or extension, there are 7,000 or more residential dwelling units within two miles of the airport or of the proposed expansion or extension, or there are in excess of 15,000 persons residing within two miles of the airport or the proposed expansion or extension, the expansion or extension would be prohibited.
Expanding or extending runways can permit certain larger jets to take off and land on those runways which can, in turn, lead to an increase in air traffic. Excess aircraft noise is a problem with known effects on the quality of life of the individuals exposed to it for extended periods of time, including heightened blood pressure and stress hormone levels. In light of the negative effects of sustained aircraft noise, it is in the interest of the public for steps to be taken to control the level of aviation noise caused by excessive aircraft traffic in those areas, specified by this bill, where there are larger populations of people living and working. One of the steps which should be taken is to prohibit the expansion or extension of runways in the airports in those areas. A prohibition on the expansion or extension of airport runways in the areas mentioned by this bill will not only enhance the quality of life for those who live and work near these airports, but it will also enhance public safety by protecting schools and houses from the increased chance of plane crashes. This bill will also provide for a proper separation between the non-residential uses of airport property and the residential uses which may occur in property adjacent to the airport, ensuring that homes and other residential uses are not located at or near the end of runways.
A968
Sponsored by Assemblyman LARRY CHATZIDAKIS
District 8 (Burlington)
Assemblyman FRANCIS L. BODINE
District 8 (Burlington)
Directs Commissioner of Transportation to designate reliever airport for Atlantic City International Airport.
This bill precludes the expenditure of State funds on any airport that is located in a municipality having a population between 6,700 and 6,710, and which municipality is in a county of the second class having a population between 390,000 and 400,000, both population counts according to the 1990 federal decennial census, that is intended to qualify such airport as a reliever airport for Atlantic City International Airport. Instead, the bill directs the Commissioner of Transportation to take such actions as needed to designate an airport that is located in a municipality having a population between 12,200 and 12,210, and which municipality is in a county of the fifth class having a population between 220,000 and 230,000, both population counts according to the 1990 federal decennial census, as a reliever airport for Atlantic City International Airport. In addition, the commissioner is directed to request and allocate funds to improve the airport designated as a reliever airport.
A1937
Sponsored by Assemblyman HERBERT CONAWAY, JR.
District 7 (Burlington and Camden)
Assemblyman FRANCIS L. BODINE
District 8 (Burlington)
Co-Sponsored by Assemblyman Conners, Assemblywoman Voss, Assemblymen Gordon and Chatzidakis
Limits expansion or extension of airport runways under certain circumstances.
This bill, in supplementing the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-81 et seq.), would prohibit the owner or operator of a general aviation airport from expanding or extending a runway under certain circumstances, provided that all of the following conditions are met: There is an educational facility located within 3,500 feet of the airport or of the proposed expansion or extension, there is a residential dwelling unit within 1,000 feet of the proposed expansion or extension, there are 7,000 or more residential dwelling units within two miles of the airport or of the proposed expansion or extension, there are in excess of 12,000 persons residing within two miles of the airport or the proposed expansion or extension, the governing body in which the airport is physically located passed a resolution opposing the expansion or extension of the airport, and if the New Jersey Department of Transportation has chosen a 'no-build' runway extension alternative and will not authorize any extension of the runway, the expansion or extension would be prohibited.
Expanding or extending runways can permit certain larger jets to take off and land on those runways which can, in turn, lead to an increase in air traffic. Excess aircraft noise is a problem with known effects on the quality of life of the individuals exposed to it for extended periods of time, including heightened blood pressure and stress hormone levels.
In light of the negative effects of sustained aircraft noise, it is in the interest of the public for steps to be taken to control the level of aviation noise caused by excessive aircraft traffic in those areas, specified by this bill, where there are larger populations of people living and working. One of the steps which should be taken is to prohibit the expansion or extension of runways in the airports in those areas. A prohibition on the expansion or extension of airport runways in the areas mentioned by this bill will not only enhance the quality of life for those who live and work near these airports, but it will also enhance public safety by protecting schools and houses from the increased chance of plane crashes.
This bill will also provide for a proper separation between the non-residential uses of airport property and the residential uses which may occur in property adjacent to the airport, ensuring that homes and other residential uses are not located at or near the end of runways.
A3058
Sponsored by Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblyman BRIAN P. STACK
District 33 (Hudson)
Assemblyman NEIL M. COHEN
District 20 (Union)
Assemblyman JAMES W. HOLZAPFEL
District 10 (Monmouth and Ocean)
Co-Sponsored by Assemblywoman Quigley
Requires photo ID verification of pilots renting aircraft.
This bill provides that aircraft cannot be rented in New Jersey until the provider of the aircraft has verified the identity of the pilot seeking to rent an aircraft by requesting to examine a government-issued form of photo identification in addition to the person's pilot certificate. The aircraft provider is also required to record or copy the information on the government-issued identification and retain it for a time period to be determined by the Commissioner of Transportation.
A3554
Sponsored by Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Establishes process for municipal review of certain airport license applications for certain airport activities.
This bill would establish a process for municipal comment on applications for the licensing of off-airport aeronautical activities. The bill defines these activities as aeronautical activity generally conducted at locations away from an airport, such as aerial advertising, aerial application of fertilizer and the operation of parachute drop zones at airports, landing strips or other such aviation facilities.
Under current law and regulations promulgated pursuant thereto, municipalities are accorded the courtesy of input when a person applies to the Commissioner of Transportation for such licenses.
Current law, however, provides no guidance for how that input occurs and what time restrictions should constrain municipal review. The Department of Transportation, however, currently requires an applicant to submit some evidence of the lack of objection on the part of a municipality as a condition for issuing such a license. It is therefore possible for a municipality to indefinitely delay the issuance of such a license without an applicant ever understanding why.
This bill attempts to strike a reasonable compromise between the responsibility of a municipality for public health, safety and welfare and the need on the part of the licensee for some certainty and understanding in working through the DOT regulatory process. It does so by appropriately limiting the time for such review and requiring municipalities to justify any criticism based on ordinances and regulations in effect upon the initial license application.
S148
Sponsored by Senator WAYNE R. BRYANT
District 5 (Camden and Gloucester)
Co-Sponsored by:
Senators McNamara, Ciesla, Cardinale, Inverso, Sacco and Turner
Requires identity check for flight instruction.
This bill requires an aeronautical facility, flight school, or institution of higher learning offering air or flight instruction to maintain a permanent register of applicants for flight instruction. The register is to contain the applicant's name, address, citizenship status, a form of photographic identification and such other information as the Commissioner of Transportation may require. The register, which is also to be maintained by the Department of Transportation, would be available for inspection by the commissioner and federal, State and local law enforcement officers.
The applicant for flight instruction would be required to provide fingerprints and be subject to an identity background check. An applicant would have to be determined qualified by the commissioner in order to receive air or flight instruction.
S307
Sponsored by Senator MARTHA W. BARK
District 8 (Burlington)
Prohibits expansion or extension of airport runways under certain circumstances.
This bill, in supplementing the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-81 et seq.), would prohibit the owner or operator of a general aviation airport from expanding or extending a runway under certain circumstances. If there is an educational facility located within 3000 feet of the airport or of the proposed expansion or extension, there is a residential dwelling unit within 1000 feet of the proposed expansion or extension, there are 7000 or more residential dwelling units within two miles of the airport or of the proposed expansion or extension, or there are in excess of 15,000 persons residing within two miles of the airport or the proposed expansion or extension, the expansion or extension would be prohibited.
S308
Sponsored by Senator MARTHA W. BARK
District 8 (Burlington)
Directs Commissioner of Transportation to designate reliever airport for Atlantic City International Airport.
S359
Sponsored by Senator SHIRLEY K. TURNER
District 15 (Mercer)
Requires certain counties to establish County Airport Expansion Citizen Review Boards.
Airport expansion efforts frequently impose unique burdens and benefits upon local communities. This bill will provide members of those communities an additional vehicle through which to offer input in connection with airport expansion by requiring counties with airport expansion plans to establish a County Airport Expansion Citizen Review Board. The review board shall study, analyze and examine the specific and overall consequences attendant to a county airport expansion plan. After careful study, the review board shall then release its findings to the public and refer its recommendations to the President of the Senate and the Speaker of the General Assembly.
S542
Sponsored by: Senator JOSEPH F. VITALE
District 19 (Middlesex)
Co-Sponsored by Senators Baer and T.Kean
Directs DEP to conduct feasibility study of assessing air pollution sources in and around certain airports and military bases.
This bill directs the Department of Environmental Protection to undertake a study of the feasibility of Newark International Airport, Teterboro Airport and McGuire Air Force Base implementing an airport bubble program. The department is directed to submit its findings and recommendations from the Newark International Airport and Teterboro Airport feasibility study to the Legislature no later than one year from the effective date of this act. Because the United States Department of Defense has jurisdiction over McGuire Air Force Base, the air pollution regulation issues involved may be unique to military bases, and the information provided from studying the airports may be usefully applied to a study of the base, the bill directs the department to study the feasibility of applying the airport bubble methodology to McGuire Air Force Base separately and directs the department to submit its findings and recommendations to the Legislature no later than 18 months from the effective date of this act.
S2737
Sponsored by Senator DIANE ALLEN
District 7 (Burlington and Camden)
Authorizes air ambulance services to operate in New Jersey and directs DHSS to establish guidelines.
S985
Sponsored by Senator JOHN H. ADLER
District 6 (Camden)
Limits expansion or extension of airport runways if several conditions exist.
This bill, in supplementing the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-81 et seq.), prohibits an owner or operator of an airport from expanding or extending the airport's runway if all of the following conditions exist at the time of the proposed expansion or extension:
(1) There is an educational facility located within 3,500 feet of the airport or of the proposed expansion or extension;
(2) There is a residential dwelling unit located within 1,000 feet of the airport or of the proposed expansion or extension;
(3) There are 7,000 or more residential dwelling units located within two miles of the airport or of the proposed expansion or extension;
(4) There are in excess of 12,000 persons residing within two miles of the airport or of the proposed expansion or extension;
(5) The governing body of the municipality in which the airport is located has passed a resolution opposing the proposed expansion or extension; and
(6) The New Jersey Department of Transportation has determined that, instead of expanding or extending the runway, a "no-build" alternative method be sought which would have the effect of maintaining the airport at its current configuration, basing its determination on the results of an environmental assessment of the proposal, with the results of the environmental assessment becoming the basis of the department's determination not to authorize the proposed expansion or extension.
Expanding or extending runways allow for certain large jets to take off and land on those runways which can, in turn, lead to an increase in air traffic. Excess aircraft noise is a problem with known effects on the quality of life of the individuals exposed to the noise for extended periods of time, including heightened blood pressure and stress hormone levels.
In light of the negative effects of sustained aircraft noise, it is in the interest of the public for steps to be taken to control the level of aviation noise caused by excessive aircraft traffic in certain areas where large populations are present. One of the steps that should be taken is to prohibit the expansion or extension of runways in the airports in those areas. A prohibition on the expansion or extension of airport runways in these areas will not only enhance the quality of life for those who live and work near these airports, but will also enhance public safety by protecting schools and homes from the increased chance of plane crashes.
This bill also provides for a proper separation between the non-residential uses of airport property and the residential uses that may occur in property adjacent to the airport, ensuring that homes and other residential uses are not located at or near the end of runways.
S1358
Sponsored by Senator LEONARD LANCE
District 23 (Warren and Hunterdon)
Provides procedure for approving airport expansion; provides assistance to affected property owners.
The purpose of this bill is to establish a procedure whereby applications for the expansion of general aviation airport runways in the State will be subject to appropriate planning and administrative review. The bill provides for planning review by requiring that the New Jersey State Airport System Plan be issued every five years, in the same manner as the State's transportation master plan, and that it contain an element setting forth classifications of airports where expansion is permissible and those where it is not. In addition the element would contain those criteria to be used by the Department of Transportation in considering an application for expansion. A municipality in which an airport is located or a municipality adjacent to the airport may object to the classifications or the criteria or both and appeal to the Commissioner of Transportation. If that appeal is not successful, further appeal is provided to the Office of State Planning and the State Planning Commission. The commission would make the final planning decision, which would be embodied in regulations issued by the Commissioner of Transportation.
An airport wishing to expand may, where permissible, make an application for this purpose to the department. However, a municipality may object to a preliminary decision by the department, in which case an appeal is provided to the commissioner and, if necessary, the commissioner will appoint a mediator. If the mediator is unable to resolve the matter, the commissioner is to establish a temporary dispute review panel to attempt a resolution. The panel is to consist of a municipally recommended member, a DOT appointed member, and a third member recommended by the other two. This panel, which is constructed along the lines of an arbitration panel, would be empowered to make the final administrative decision in the case, subject to confirmation by the commissioner. Various timetables are established for these procedures.
The bill also provides for assistance to property owners whose property is located in an area which would be in either an extension of the clear zone or the airport safety zone upon the completion of the proposed airport expansion. This assistance includes the purchase of aviation easements, compensation for loss of value or purchase of all or part of the property. The costs of this assistance would be defrayed from the Airport Safety Fund, the Transportation Trust Fund, or from monies otherwise appropriated or made available for that purpose, including funds from airport owners.
S1738
Sponsored by Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
Senator JOSEPH V. DORIA, JR.
District 31 (Hudson)
Co-Sponsored by Senators Girgenti and Inverso
Requires photo ID verification of pilots renting aircraft.
S2210
Sponsored by Senator WAYNE R. BRYANT
District 5 (Camden and Gloucester)
Disallows "casual sale" exemption for sales of aircraft, restricts aircraft and boat export exemption, and modifies aircraft and other business property import exemption under sales and use tax.
Generally under the sales and use tax, property sold in New Jersey is subject to the sales tax. There is an exemption, however, for "casual sales," sales that are isolate or occasional sales by a person who is not regularly engaged in the business of making sales at retail in which the property sold was obtained by the person making the sale for the person's own use (as in a yard sale).
Currently, however, sales of registered motor vehicles and registered boats (or motor vehicles and boats that should be registered) are not allowed this "casual sale" exemption. This bill disallows sales of aircraft from the casual sale exemption.
Generally under the sales and use tax, property is "sold in New Jersey" and subject to the sales tax if the purchaser takes physical possession of the property in New Jersey. However a purchaser may take physical possession of a motor vehicle, a boat, or an aircraft in New Jersey and still not be subject to sales tax if the purchaser is a nonresident with no permanent place of abode in New Jersey, will not be using the property in business in this State, and furnishes an affidavit to the vendor. A purchaser may not bring a boat or aircraft back into the State, on other than a transient basis, for 12 months from the date of purchase to qualify for the exemption. This bill provides that the purchaser may never bring a boat or aircraft back into the State, on other than a transient basis, to qualify for the exemption.
Generally under the sales and use tax no use tax is imposed on property brought into the State by a person who purchased the property while a nonresident of this State. However, under current law, no person who is engaged in any manner in carrying on business in this State is deemed a nonresident. That means that a corporation with trivial business activities in New Jersey that wanted to make a major relocation to New Jersey could be subject to use tax on the property that it relocated. This bill eliminates the provision for purposes of the use tax that no person who is engaged in any manner in carrying on business in this State is deemed a nonresident. However, in the specific case of aircraft, this bill imposes use tax on an aircraft based in this State even if the aircraft was originally purchased while the owner was not a resident of this State.
A3695
Assemblyman ROBERT J. SMITH
District 4 (Camden and Gloucester)
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
This bill empowers United States Department of Homeland Security air marshals to make arrests in New Jersey for violations of State law constituting crimes of the first, second or third degree. The bill grants to federal air marshals the same arrest power that the State currently grants to Federal Bureau of Investigation special agents, United States Marshal Service deputies and certain other federal law enforcement personnel enumerated in P.L.1983, c.268 (C.2A:154-5).
Since September 11, 2001, the U.S. government has deployed thousands of federal air marshals to protect the nation's commercial aircraft. The requirements and qualifications of air marshals are among the most stringent of any federal law enforcement agency. This bill would expand their law enforcement powers beyond aircraft and provide an additional law enforcement presence in the State's airports by permitting them to effectuate arrests for certain crimes.
A3758
Assemblyman KEVIN J. O'TOOLE
District 40 (Bergen, Essex and Passaic)
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
This bill modifies the penalty for operating or serving as a crewmember on an aircraft while impaired by creating a blood alcohol content offense level and requiring that any violations under this section be reported to the Federal Aviation Administration (FAA) for enforcement action, the imposition of sanctions, or both. It shall be deemed a violation of this bill for any person to operate or serve as a crewmember on an aircraft in this State within eight hours of consuming any alcoholic beverage, while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration (BAC) of 0.04% or more by weight of alcohol in the blood. This provision would modify the current State law to correspond with the standards already imposed on pilots by the FAA. This bill creates an implied consent provision for testing the BAC of any person reasonably believed to have violated this section. It also provides that the act of operating or acting as a crewmember on an aircraft while impaired, or operating an aircraft which carries passengers who are impaired, is a crime of the fourth degree, which is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
Although the FAA may impose sanctions on any person who violates the Federal regulations against flying while impaired, it is left up to the states to test pilots for intoxication and to assess criminal penalties, if necessary. As a result, the National Transportation Safety Board has recommended that the states draft more comprehensive laws against flying while impaired which include specific guidelines regarding BAC, implied consent provisions for toxicological tests, and require the reporting of any violations thereof to the FAA. This bill would satisfy those recommendations.
S2221
Senator JOHN H. ADLER
District 6 (Camden)
In supplementing the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-81 et seq.), this bill prohibits the owner or operator of a general aviation airport from expanding or extending a runway under certain circumstances, provided that all of the following conditions are met: (1) an educational facility is located within 3,500 feet of the airport or of the proposed expansion or extension: (2) a residential dwelling unit is located within 1,000 feet of the proposed expansion or extension; (3) 7,000 or more residential dwelling units are located within two miles of the airport or of the proposed expansion or extension; (4) in excess of 12,000 persons reside within two miles of the airport or the proposed expansion or extension; (4) the governing body in which the airport is physically located passed a resolution opposing the expansion or extension of the airport; (5) the New Jersey Department of Transportation has chosen a "no-build" runway extension alternative and will not authorize any extension of the runway; and (6) the airport is owned by the State of New Jersey prior to December 31, 2004.
S2258
Senator PETER A. INVERSO
District 14 (Mercer and Middlesex)
This bill appropriates $250,000 from the General Fund for use by the Division of Aeronautics in the Department of Transportation to reimburse the Civil Air Patrol (CAP) for the development of a plan by the CAP that would provide for the use of the CAP for security at general aviation airports and for other homeland security initiatives.
S2290
Sponsored by:
Senator PETER A. INVERSO
District 14 (Mercer and Middlesex)
Senator JOHN A. GIRGENTI
District 35 (Bergen and Passaic)
This bill modifies the penalty for operating or serving as a crewmember on an aircraft while impaired by creating a blood alcohol content offense level and requiring that any violations under this section be reported to the Federal Aviation Administration (FAA) for enforcement action, the imposition of sanctions, or both. It shall be deemed a violation of this bill for any person to operate or serve as a crewmember on an aircraft in this State within eight hours of consuming any alcoholic beverage, while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration (BAC) of 0.04% or more by weight of alcohol in the blood. This provision would modify the current State law to correspond with the standards already imposed on pilots by the FAA. This bill creates an implied consent provision for testing the BAC of any person reasonably believed to have violated this section. It also provides that the act of operating or acting as a crewmember on an aircraft while impaired, or operating an aircraft which carries passengers who are impaired, is a crime of the fourth degree, which is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
Although the FAA may impose sanctions on any person who violates the Federal regulations against flying while impaired, it is left up to the states to test pilots for intoxication and to assess criminal penalties, if necessary. As a result, the National Transportation Safety Board has recommended that the states draft more comprehensive laws against flying while impaired which include specific guidelines regarding BAC, implied consent provisions for toxicological tests, and require the reporting of any violations thereof to the FAA. This bill would satisfy those recommendations.
New Jersey Aviation Association
PO Box 7407, West Trenton, NJ 08628
Phone: 856 234-2552 - Fax: 856 234-9155
