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House
File
87
-
Introduced
HOUSE
FILE
87
BY
WILLS
A
BILL
FOR
An
Act
relating
to
public
access
to
vertiports.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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1070YH
(3)
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th/ns
H.F.
87
Section
1.
NEW
SECTION
.
330B.1
Definitions.
1
As
used
in
this
chapter:
2
1.
“Department”
means
the
state
department
of
3
transportation.
4
2.
“Local
authority”
includes
every
county,
municipality,
5
and
other
local
board
or
body
having
authority
to
adopt
local
6
regulations
under
the
Constitution
of
the
State
of
Iowa
and
7
laws
of
this
state.
8
3.
“Vertiport”
means
infrastructure,
including
a
system
9
with
supporting
services
and
equipment,
intended
for
landing,
10
ground-handling,
and
take-off
of
crewed
or
uncrewed
vertical
11
take-off
and
landing
aircraft.
12
Sec.
2.
NEW
SECTION
.
330B.2
Vertiport
policy.
13
This
chapter
is
intended
to
promote
the
development
of
a
14
network
of
vertiports
that
must
provide
equitable
access
to
15
the
citizens
of
this
state
who
may
benefit
from
advanced
air
16
mobility
operations
for
cargo
and
passenger
service,
and
to
17
prohibit
vertiport
monopolization
and
discrimination,
by
doing
18
all
of
the
following:
19
1.
Encouraging
the
general
assembly
to
fund
the
planning
for
20
and
construction
of
public-use
vertiports.
21
2.
Encouraging
local
zoning
authorities
and
other
land
use
22
authorities
to
ensure
an
adequate
number
and
a
varied
location
23
of
vertiports
to
serve
citizens
of
this
state
throughout
this
24
state.
25
3.
Promoting
competition
and
equity
of
access
by
26
prohibiting
the
grant
of
an
exclusive
right
to
vertiport
owners
27
or
to
vertiport
operators
at
one
or
more
vertiports.
28
Sec.
3.
NEW
SECTION
.
330B.3
Applicability.
29
This
chapter
applies
to
any
vertiport
that
is
available
30
for
public
use
by
an
advanced
air
mobility
operator
who
is
31
authorized
by
the
United
States
department
of
transportation
or
32
federal
aviation
administration
to
engage
in
passenger
or
cargo
33
services
in
scheduled
or
nonscheduled
service
in
or
affecting
34
interstate
commerce.
35
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87
Sec.
4.
NEW
SECTION
.
330B.4
Federal
compliance
——
design
1
and
layout
plan.
2
1.
A
vertiport
must
comply
with
any
federal
aviation
3
administration-published
rule
or
advisory
circular
containing
4
standards
for
vertiport
design
and
performance
characteristics.
5
2.
An
owner
or
operator
of
a
public-use
vertiport
shall
6
submit
a
vertiport
layout
plan
to
the
administrator
of
the
7
federal
aviation
administration
in
the
form
and
manner
8
determined
by
the
administrator,
and
shall
not
conduct
9
operations
at
the
vertiport
until
such
layout
plan
is
approved.
10
Sec.
5.
NEW
SECTION
.
330B.5
Exclusive
rights
prohibited.
11
A
local
authority
shall
not
grant
or
authorize
an
exclusive
12
right
to
one
or
more
vertiport
owners
or
operators
through
13
zoning
regulations
or
other
means
and
shall
promote
reasonable
14
access
to
advanced
air
mobility
operators
at
public-use
15
vertiports
within
the
local
authority’s
jurisdiction
through
16
the
use
of
zoning
regulations.
17
Sec.
6.
NEW
SECTION
.
330B.6
Harmonization.
18
This
chapter
is
intended
to
supplement
any
provision
of
19
federal
law
pertaining
to
the
design,
construction,
operation,
20
or
maintenance
of
a
vertiport
designed
or
constructed
with
a
21
grant
under
49
U.S.C.
§47101
et
seq.,
and
any
provision
of
this
22
chapter
found
to
be
in
conflict
with
or
otherwise
preempted
by
23
federal
law
is
unenforceable.
Pursuant
to
section
4.12,
an
24
unenforceable
provision
does
not
invalidate
any
other
provision
25
of
this
chapter.
26
Sec.
7.
NEW
SECTION
.
330B.7
Right
of
action.
27
A
person
who
is
injured
due
to
a
violation
of
this
chapter
28
has
a
right
of
action
for
all
damages
actually
sustained,
29
severally
or
jointly,
against
the
person
who
violated
this
30
chapter.
31
Sec.
8.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
32
3,
shall
not
apply
to
this
Act.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
public
access
to
vertiports,
defined
2
in
the
bill.
The
bill
is
intended
to
promote
the
development
3
of
a
network
of
vertiports
that
provide
equitable
access
to
4
Iowa
citizens
and
to
prohibit
vertiport
monopolization
and
5
discrimination.
6
The
bill
specifies
the
type
of
vertiports
covered
by
the
7
bill,
requires
federal
compliance
relating
to
vertiport
8
design
and
required
layout
plans,
and
prohibits
exclusive
and
9
discriminating
zoning
regulations.
10
The
bill
specifies
that
an
injured
person
has
a
right
11
of
action
for
all
damages
actually
sustained,
severally
or
12
jointly,
against
a
person
who
violates
the
bill.
13
The
bill
may
include
a
state
mandate
as
defined
in
Code
14
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
15
subsection
3,
which
would
relieve
a
political
subdivision
from
16
complying
with
a
state
mandate
if
funding
for
the
cost
of
17
the
state
mandate
is
not
provided
or
specified.
Therefore,
18
political
subdivisions
are
required
to
comply
with
any
state
19
mandate
included
in
the
bill.
20
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