,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #eaab  ,,in ,,the ,,house ,,of  
,,representatives  ,november #ad1       
#bjai,ms4 ,speier 7for herself1 ,ms4    
,eshoo1 ,ms4 ,norton1 and ,mr4 ,raskin7 
introduced the following bill2 which was
 referred to the ,committee on          
,transportation and ,infrastructure  ,a 
,,bill  ,to establish that no ,federal  
statute is intended to preempt a cause  
of action against an airport maintained 
in any ,state small claims or superior  
court by any individual or city within  
#e miles of an airport when an action is
 brought for noise or nuisance caused by
 ground-based noise in violation of a   
,state statute as specified1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,low-frequency 
,energetic ,acoustics and ,vibrations   
,exasperate ,act or the ,,leave ,act4   
#b4 ,standard for noise or nuisance     
actions  7a7 ,standard ,notwithstanding 
any other provision of law1 a standard  
enforceable in ,state court may be set  

by one or more ,states participating in 
a study described in subsection 7b7 upon
 publication of such study4  7b7 ,study 
7#a7 ,in general ,one or more ,states   
may conduct one or more studies of      
ground-based noise from aircraft        
operations at an airport within a       
,state4  7#b7 ,collaboration ,states may
 collaborate on developing the          
methodology and standards for a study   
under this ,act4  7#c7 ,content ,a study
 under this ,act shall--  7,a7 identify 
the amount of ground-based noise        
emanating from one or more airports in  
the ,state or ,states during the study  
period2  7,b7 identify the noise level  
above which there is present a          
substantial negative impact to residents
 and businesses within #e miles of any  
airport that is studied2 and  7,c7      
identify any diminution of real property
 values from those that might otherwise 
be attained in the absence of the noise 
that creates a substantial negative     
impact4  7#d7 ,baseline ,a study under  

this ,act shall identify a baseline     
value of ground-based noise above which 
an airport in the study is presumed to  
be permitting an excess of noise to     
propagate to a community within #e miles
 of an airport4  7#e7 ,factors          
,recognizing that topography1           
characteristics of airport construction1
 weather1 and variable air traffic      
volumes are among many factors affecting
 the amount of perceived ground-based   
noise emanating from an airport1 a      
,state--  7,a7 need not establish a     
uniform standard of exceedance for every
 airport2  7,b7 need not limit its      
analysis to such factors2 and  7,c7     
shall establish a reasonable methodology
 for establishing such a standard and   
apply such methodology across the ,state
 or ,states4  7#f7 ,methodology ,the    
methodology for establishing the        
standard may take into account-- 7,a7 a 
history of ground-based noise emanating 
from the airport2  7,b7 the reasonable  
expectations of impacted residents for  

the quiet use and enjoyment of owned or 
rented property2 and  7,c7 any other    
factors that a ,state considers         
appropriate to reduce substantial       
negative impacts of noise propagating to
 a community within #e miles of an      
airport4  7#g7 ,setting aside of        
methodology or standard ,a methodology  
or standard established by a ,state     
shall not be set aside unless a ,federal
 court determines such methodology or   
standard to be arbitrary or capricious4 
7#h7 ,publication ,a study described in 
this subsection shall be published4  7c7
 ,preemption ,congress hereby finds and 
declares that no ,federal statute is    
intended to preempt a cause of action   
against an airport maintained in any    
,state small claims or superior court1  
by any individual or city within #e     
miles of the airport1 when an exceedance
 of a standard established by a ,state  
pursuant to this ,act for an airport is 
averred4  7d7 ,definitions ,in this     
,act1 the following definitions apply3  

7#a7 ,ground-based noise ,the term      
ground-based noise means noise emanating
 from an aircraft operating on the      
ground predominately consisting of noise
 of #bjj ,hz or below4  7#b7            
,substantial negative impact ,the term  
substantial negative impact means a     
noise exceedance that is injurious to   
health1 offensive to the senses1 or an  
obstruction to the free use of property1
 and interferes with the comfortable    
enjoyment of life or property by an     
entire community or neighborhood1 or by 
any considerable number of persons1     
whether or not the entire community or  
those considerable number of persons    
participate in the cause of action4