PRINTER'S NO. 2025
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1785
Session of
2021
INTRODUCED BY BENNINGHOFF, JOZWIAK, MOUL, NEILSON, OWLETT,
PICKETT, ROWE, ROZZI, SCHMITT AND WHEELAND, AUGUST 12, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 12, 2021
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in authority of Department of
Transportation, further providing for authority of
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5301(e)(1) of Title 74 of the
Pennsylvania Consolidated Statutes is amended to read:
ยง 5301. Authority of department.
* * *
(e) Limitation on powers.--
(1) No license for a new airport, which is proposed to
be located within a five-mile radius of an existing airport,
or for the conversion of a military airport to joint use
shall be issued by the department unless it has held a public
hearing on the license application. The hearing shall be held
in the area where the proposed airport is to be located and
at least 60 days' notice of the date, time and place of the
hearing shall be given to the public in at least one
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newspaper of general circulation. No license shall be issued
unless the department is satisfied that fair consideration
has been given to the interest of the communities in or near
which the proposed airport is to be located [and in no event
shall the department license any airport within two miles of
the boundary of an existing airport]. Any person aggrieved by
a decision of the department to grant or deny a license for a
new airport or for a conversion of a military airport to
joint use may take an appeal as provided in Title 2 (relating
to administrative law and procedure). Nothing in this
subsection shall be construed as applying to the licensing of
heliports, existing airports, upgrading of existing airports
or airports under construction unless for conversion of
military airports to joint use.
* * *
Section 2. This act shall take effect in 60 days.
20210HB1785PN2025 - 2 -
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