Public Act 099-0202
 
SB0636 EnrolledLRB099 03346 RJF 23354 b



    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
    Section 5. The Illinois Aeronautics Act is amended  by 
changing Section 47 as follows:
 



    (620 ILCS 5/47)  (from Ch. 15 1/2, par. 22.47)



    Sec. 47. 
Operation without certificate of approval 
unlawful;
applications.)  An application for a certificate of 
approval of an
airport or restricted landing area, or the 
alteration or extension
thereof, shall set forth, among other 
things, the location of all
railways, mains, pipes, conduits, 
wires, cables, poles and other
facilities and structures of 
public service corporations or municipal or
quasi-municipal 
corporations, located within the area proposed to be
acquired 
or restricted, and the names of persons owning the same, to the

extent that such information can be reasonably ascertained by 
the
applicant.

    It shall be unlawful for any municipality or other 
political
subdivision, or officer or employee thereof, or for 
any person, to make
any alteration or extension of an existing 
airport or restricted landing
area, or to use or operate any 
airport or restricted landing area, for
which a certificate of 
approval has not been issued by the Department;
provided, that 
no certificate of approval shall be required for an
airport or 
restricted landing area which was in existence and approved
by 
the Illinois Aeronautics Commission, whether or not being 
operated,
on or before July 1, 1945, or for the O'Hare 
Modernization Program as defined
in Section 10
of the O'Hare

Modernization Act; except that a certificate of approval shall 
be required
under this Section
for construction of a new runway 
at O'Hare International Airport with a
geographical 
orientation that varies from a geographical east-west 
orientation
by more than 10 degrees, or for construction of a 
new runway at that airport
that would result in more than 10 8 
runways being available for aircraft
operations at that 
airport.
The Department shall supervise, monitor, and enforce

compliance with the
O'Hare Modernization Act by all other 
departments, agencies, and units of State
and local
government.

    Provisions of this Section do not apply to special purpose 
aircraft
designated as such by the Department when
operating to 
or
from uncertificated areas other than their principal base of 
operations,
provided mutually acceptable arrangements are made 
with the property
owner, and provided the owner or operator of 
the aircraft assumes
liabilities which may arise out of such 
operations.

(Source: P.A. 93-450, eff. 8-6-03.)



 
    Section 10. The Permanent Noise Monitoring Act is amended  
by changing Sections 5 and 15 as follows:
 



    (620 ILCS 35/5)  (from Ch. 15 1/2, par. 755)



    Sec. 5. Definitions. As used in this Act:

    (a) "Airport" means an airport, as defined in Section 6 of 
the Illinois
Aeronautics Act, that has more than 500,000 
aircraft operations (take-offs
and landings) per year.
    (a-1) "Airport sponsor" means any municipality, as defined 
in Section 20 of the Illinois
Aeronautics Act, that can own and 
operate an airport. 

    (a-3) "Annual community noise equivalent level" or "annual 
CNEL" means the average sound  level (on an energy basis), in 
decibels, of the daily community noise equivalent level over a 
12-month period. The annual CNEL is calculated by the 
following: 
 
Annual CNEL = 10 log 10 [(1/365) SIGMA antilog (CNEL(i)/10)]  

 
Where:
        (1) CNEL(i) = the daily CNEL for each day in a 
    continuous 12-month period; and
        (2) SIGMA means summation.
    When the annual CNEL is approximated by measurements on a 
statistical basis, the number 365 is replaced by the number of 
days for which measurements are obtained. 
    (a-5) "Daily community noise equivalent level" or "CNEL" 
means the 24-hour day average sound level,
in decibels, 
adjusted to an equivalent level to account for the lower 
tolerance of people to noise during evening and night time 
periods relative to the daytime period. The daily community 
noise equivalent level is calculated from the hourly noise 
levels by the following:
 
CNEL = 10 log (1/24) [SIGMA antilog (HNLD/10) + 3 SIGMA antilog

(HNLE/10) + 10 SIGMA antilog (HNLN/10)]

 
Where:
        (1) HNLD means the hourly noise levels for the period 
    7:00 a.m. through 6:59 p.m.;
        (2) HNLE means the hourly noise levels for the period 
    7:00 p.m. through 9:59 p.m.;
        (3) HNLN means the hourly noise levels for the period 
    10:00 p.m. through 6:59 a.m.; and
        (4) SIGMA means summation.
    (a-8) "Noise exposure level" means the level, in decibels, 
of the time-integrated A-weighted squared sound pressure for a 
stated time interval or event, based on the reference pressure 
of 20 micronewtons per square meter and reference duration of 
one second.
    (a-9) "Noise level" means the sound level measure, in 
decibels, of an A-weighted sound pressure level as measured 
using the slow dynamic characteristic for sound level meters 
specified in American National Standard Specification for 
Sound Level Meters (ANSI S1.4-1983 as revised by ANSI 
S1.4A-1985), which is hereby incorporated by reference. The 
A-weighting characteristic modifies the frequency response of 
the measuring instrument to account approximately for the 
frequency characteristics of the human ear. The reference 
pressure is 20 micronewtons/square meter (2 x 10-4 microbar).
    (b) "Permanent noise monitoring system" or "system" means a 
system that
includes at least:


        (1) automated noise monitors capable of recording 
    noise levels 24
hours per day 365 days per year; and


        (2) computer equipment sufficient to process the data 
    from each noise
monitor so that permanent noise monitoring 
    reports in accordance with
Section 15 of this Act can be 
    generated.

    (c) "Division" means the Division of Aeronautics of the 
Illinois
Department of Transportation.

    (d) (Blank). "Ldn" means day-night average sound level.  
"Day-night average sound
level" has the meaning ascribed to it 
in Section 150.7 of Part 150
of Title 14 of the Code of Federal 
Regulations.

(Source: P.A. 96-37, eff. 7-13-09.)

 



    (620 ILCS 35/15)  (from Ch. 15 1/2, par. 765)



    Sec. 15. Permanent noise monitoring reports. Beginning in 
1993 and through 2008, the
 Division shall, on June 30th and 
December 31st of each
year, prepare a permanent noise 
monitoring report and make the
report available to the public.  
Beginning in 2009, the
 airport sponsor shall, on June 30th and 
December 31st of each
year, prepare a permanent noise 
monitoring report and make the
report available to the public. 
Copies of the report shall be
submitted to:  the Office of the 
Governor; the Office of the President of
the Senate; the Office 
of the Senate Minority Leader; the Office of the
Speaker of the 
House; the Office of the House Minority Leader; the United

States Environmental Protection Agency, Region V; and the 
Illinois
Environmental Protection Agency.  Beginning in 2009, a 
copy of the report shall also be submitted to the division. The 
permanent noise monitoring report
shall contain all of the 
following:

    (a) Copies of the actual data collected by each permanent 
noise monitor
in the system.

    (b) A summary of the data collected by each permanent noise 
monitor in
the system, showing the data organized by:


        (1) day of the week;


        (2) time of day;


        (3) week of the year;


        (4) type of aircraft; and


        (5) the single highest noise event recorded at each 
    monitor.

    (c) Noise contour maps showing the 65 annual CNEL Ldn, 70 
annual CNEL Ldn and 75 annual CNEL Ldn zones
around the 
airport.

    (d) Noise contour maps showing the 65 decibel (dBA), 70 
dBA, and 75
dBA zones around the airport for:


        (1) 7:00 a.m. through 6:59 to 10:00 p.m.;

        (1.5) 7:00 p.m. through 9:59 p.m.; 

        (2) 10:00 p.m. through 6:59 to 7:00 a.m.; and


        (3) types of aircraft.

    (e) The noise contour maps produced under subsections (c) 
and (d)
shall also indicate:


        (1) residential areas (single and multi-family);


        (2) schools;


        (3) hospitals and nursing homes;


        (4) recreational areas, including but not limited to 
    parks and
forest preserves;


        (5) commercial areas;


        (6) industrial areas;


        (7) the boundary of the airport;


        (8) the number of residences (single and multi-family) 
    within each
contour;


        (9) the number of residents within each contour;


        (10) the number of schools within each contour; and


        (11) the number of school students within each contour.

    (f) Through 2008, a certification by the Division that the 
system was in proper
working order during the period or, if it 
was not, a specific description
of any and all problems with 
the System during the period.
    (g) Beginning in 2009, a certification by the airport 
sponsor that the system was in proper
working order during the 
period or, if it was not, a specific description
of any and all 
problems with the system during the period. 

(Source: P.A. 96-37, eff. 7-13-09.)