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 TLSB 1070YH (3) 91 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 -1- LSB 1070YH (3) 91 th/ns 1/ 3
H.F. 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 authoritys 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 -2- LSB 1070YH (3) 91 th/ns 2/ 3
H.F. 87 the explanations 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 -3- LSB 1070YH (3) 91 th/ns 3/ 3