Reduce Aviation Impacts on Communities

Section 2 of the act creates a state income tax credit for owners of aircraft that incur qualifying expenses to enable an aircraft that is powered by leaded aviation gasoline to be certified to instead be powered by unleaded aviation gasoline.

Sections 3 and 6 provide explicit authority in the existing state aviation grant program for aviation fund grants:

• To general aviation airports and commercial airports at which there is significant general aviation activity to fund the design, engineering, construction, installation, acquisition, and inspection of infrastructure, including equipment, that allows the sale of unleaded aviation gasoline at such airports and to subsidize purchases of unleaded aviation gasoline at such airports;
• For airport noise monitoring devices;
• For evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of adverse impacts to the health, safety, and welfare of individuals who reside or work near an airport; and
• At a time that electric aircraft technology has been appropriately certified by the federal aviation administration, for on-airport electric aircraft charging infrastructure.

Section 6 also:

• Requires the lesser of 10% of the amount awarded in grants per year or $1,500,000 per year in grants to be designated for the aviation purposes of aiding and accelerating the transition from leaded aviation gasoline to unleaded aviation gasoline with priority given to airports with significant general aviation traffic in urban and suburban areas where surrounding communities may be disproportionately impacted by such traffic; and
• Subject to specified exceptions, prohibits grants from being awarded to an airport that is located in a densely populated residential area or has a significant number of flights over a densely populated residential area unless the airport or entity operating the airport demonstrates to the satisfaction of the aeronautics division of the department of transportation (division) that:
• By January 1, 2026, it has adopted a plan, in accordance with applicable federal requirements and guidance, for phasing out sales of leaded aviation gasoline at the airport by January 1, 2030;
• It has established, in consultation with flight schools and pilots that regularly use the airport, a voluntary noise abatement plan that meets specified requirements; and
• It complies with the requirements of any avigation easements or contracts that it has entered into.

Section 4 adds to the division's duties:

• Working with the department of public health and environment (CDPHE) as it continues to provide data and information about the effects of leaded aviation fuel on human health to the department of transportation and airports; and
• Educating airports with significant general aviation activity, as determined by the division, regarding:
• The need to expedite the transition from leaded aviation gasoline to unleaded aviation gasoline; and
• Specified funding opportunities for projects and unleaded aviation gasoline subsidies, if offered by the division, that support the transition from leaded aviation gasoline to unleaded aviation gasoline and impose requirements for accessing that funding and, if offered, those subsidies.

Section 5 increases the Colorado aeronautical board (board) from 7 to 9 voting members by requiring the appointment of 2 members who are residents of communities that are affected by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity and makes the executive director of CDPHE, or the executive director's designee, an ex officio nonvoting member of the board. In appointing the 2 new voting members, the governor is required to give priority to individuals who are not trained pilots, are familiar with airport infrastructure, aviation, and the mission of the board, and reside in a community that is significantly impacted by noise or lead emissions by a high-traffic airport with significant general aviation activity. The governor is also required to make appointments to the board so as to ensure a balance broadly representative of the activity level of airports throughout the state and further ensure that the racial, ethnic, and gender makeup of the board is representative of communities that are disproportionately impacted by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity.

Section 7 requires the division to evaluate, educate, and provide technical assistance to airports about the adverse impacts of aircraft noise on health, safety, and welfare and requires the division to prioritize these activities at airports with significant general aviation activity that are located in densely populated residential areas or have a significant number of flights over such areas.

Section 8 appropriates $44,609 from the general fund to the department of revenue and reappropriates $2,591 of the appropriation to the department of personnel for implementation of the act.

APPROVED by Governor May 17, 2024

EFFECTIVE May 17, 2024
(Note: This summary applies to this bill as enacted.)