§261-13.5  Promotion of safety and efficientuse of facilities where congestion occurs.  (a)  The legislature recognizesthat air traffic congestion constitutes a serious safety problem and reducesthe efficient and effective use of limited airspace and terminal facilities. The legislature also recognizes that the development of additional airportswill assist in the solution to such safety and efficiency problems, but thatsuch development may not always be a feasible or complete solution to suchproblems.

Nevertheless, the legislature is determinedthat all possible actions be taken to promote safety, to alleviate safetyhazards and to reduce congestion at airports under the State's control.  Thedepartment of transportation shall do everything within its authority toenhance the safe use of the State's airports and shall cooperate withappropriate federal agencies and other affected parties to assist said agenciesin meeting their responsibility to alleviate safety hazards resulting from airtraffic congestion.  In carrying out this responsibility, the department shallconsider all possible alternatives including but not limited to relieverairports and limiting the number of aircraft allowed to use state airports. The department shall take appropriate action to enhance safety and to alleviatesafety hazards, or, if legislative action is required, make appropriaterecommendations to the legislature.

(b)  To the fullest extent possible within theState's authority to act in the area of airport and air traffic safety, thedepartment of transportation shall be responsible for promoting safe operatingconditions and alleviating safety hazards due to air traffic congestion atairports under its control.  To this end, the department, in close cooperationwith appropriate federal authorities and other affected parties, shall examineand conduct research into the causes of and solutions for safety problems atsuch airports, especially those problems associated with air trafficcongestion.  Pursuant to sections 261-12 and 261-13, the director shall adoptsuch rules and standards which may include the assignment of particular runwaysfor particular uses, the establishment of the number and types of aircraftallowed to use each public airport, and the use of similar measures where suchactions may contribute to the segregation of different types of aircraft and tothe reduction of peak air traffic usage at airports under state control. [L1980, c 308, §1; am L 1994, c 62, §2]