THE SENATE

S.B. NO.

3272

THIRTY-FIRST LEGISLATURE, 2022

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that residents in the State must endure the excessive noise that helicopter tours and small aircrafts generate.  Federal legislation, such as the National Parks Air Tour Management Act of 2000, established rules that tour operators must follow when flying over national parks like Volcanoes National Park, Pearl Harbor National Memorial, and Haleakala National Park.  Therefore, it is in the interest of the State to monitor and ensure that federal regulations are being followed and that the State has the option not to renew a tour aircraft operation permit for any company that repeatedly deviates from flight plans over sensitive areas.

     The legislature further finds that the Federal Aviation Administration, department of transportation, some Hawaii tour helicopter companies, and other interested stakeholders have formed an unofficial Hawaii air noise and safety task force with the stated intent of addressing increasing safety and community disruption concerns, but has been criticized for not fully engaging and responding to public concerns in determining regulatory or voluntary changes in operations.  An increasing number of elected officials and community organizations have expressed increasing concern with safety risks and community disruption arising from tour helicopter and small aircraft operations.

     The purpose of this Act is to require tour aircraft operators to file appropriate reports and disclosures so that the State can monitor their compliance with federal regulations.

     SECTION 2.  Section 261-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Tour aircraft operations.  Any other law to the contrary notwithstanding, no tour aircraft operation shall be permitted in any airport under the State's control without having a permit.  The director shall adopt rules to regulate tour aircraft operations by permit, which shall include but not be limited to:

     (1)  Identification of the types of aircraft to be utilized;

     (2)  The number of operations daily for each type of aircraft used and the days and hours of operation;

     (3)  Verification that the applicant is in compliance with all state statutes, including but not limited to this section;

     (4)  Verification that the applicant has the Federal Aviation Administration certificate 121 or 135;

     (5)  A written assessment by the department of the impact to the surrounding area and to the subject state airport;

     (6)  Revocation of a permit based on the failure to comply with the information provided by the applicant and the terms and conditions set forth by the department in the permit, and any false statement or misrepresentation made by the applicant;

     (7)  Establishment of penalties for revocation and suspension of a permit for failure to comply with permit conditions;

     (8)  Submission of monthly written reports to the department, which shall be made available to the public, of each tour operation that occurred during the duration of the preceding month, including:

          (A)  The date and time that the aircraft took off and landed;

          (B)  The number of individuals aboard the aircraft during the operation;

          (C)  The flight path from takeoff through landing; and

          (D)  Whether the aircraft deviated from its intended flight plan.

    [(8)] (9)  Annual renewal of permits; and

    [(9)] (10)  Any change of operations under the existing permit to be approved by the director.

     No permit shall be authorized unless accompanied by a Hawaii sectional aeronautical chart marked to indicate routes and altitudes to be used in conducting aerial tours and noise abatement procedures to be employed in the vicinity of identified noise sensitive areas.

     For the purposes of this subsection, "tour aircraft operations" means any business operation that offers aircraft for hire by passengers for the purpose of aerial observation of landmarks and other manmade or natural sites within an island of the State and for the purpose of transporting passengers for tourist-related activities."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

Report Title:

Tour Aircraft Operations; Director of Transportation; Records

 

Description:

Requires the director of transportation to adopt rules to require tour aircraft operators to report details of each flight taken by the tour aircraft operation on a monthly basis.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.