Bill
HB 1976
Creates the Open Access to Public-Use Vertiports Act to prevent exclusive access to vertiports and require FAA-aligned planning, boosting nonexclusive AAM service
Note on documents provided
- The materials you supplied contain conflicting headers (one line references a suffrage/restoration matter for “Jay Jackson of Hinds County,” and there are also fragments from an Illinois appropriation bill). The full text and fiscal statement included in the packet, however, describe an Arkansas bill titled the “Open Access to Public‑Use Vertiports Act” (sponsored by Rep. Nazarenko; Sen. J. Dotson). This summary focuses on that vertiport bill and its fiscal statement; procedural status in your packet is inconsistent but includes a “Died In Committee” notation for the bill.
Purpose and intent
- Establish statewide policy to promote development of a network of public‑use vertiports (infrastructure for crewed or uncrewed vertical takeoff and landing aircraft / advanced air mobility — AAM).
- Encourage equitable access, competition among vertiport operators, and avoidance of monopolization or discriminatory exclusive access at publicly owned vertiports.
Key provisions
- New chapter added to Arkansas Code (proposed Chapter 365 — Vertiports), creating the “Open Access to Public‑Use Vertiports Act.”
- Definitions: “public‑use vertiport,” “vertiport,” and “political subdivision” (county, municipality, or other local government).
- State policy items:
- Support funding (via General Assembly appropriations) for planning and construction of vertiports.
- Encourage local land‑use/zoning authorities to ensure adequate and varied vertiport locations across the state.
- Prohibit state or political subdivisions from granting an exclusive right of access to one or more vertiport operators at any public‑use vertiport.
- Applicability: applies to vertiports operated by FAA‑authorized advanced air mobility operators providing passenger or cargo services in scheduled or nonscheduled service affecting interstate commerce.
- Safety & FAA coordination:
- Vertiport design must comply with applicable FAA rules or advisory circulars for vertiport design/performance.
- Vertiport owners/operators must submit a vertiport layout plan to the FAA and may not operate until the FAA approves the plan.
- Zoning restrictions:
- Political subdivisions are prohibited from using zoning/land‑use authority to grant exclusive rights to a vertiport owner/operator.
- Political subdivisions are required to use zoning/land‑use authority to promote reasonable access to AAM operators and public‑use vertiports.
- Preemption / severability: the subchapter is supplemental to federal law; any provision preempted by federal law is null without invalidating remaining provisions.
Who would be affected
- State and local governments (counties, municipalities) — especially in zoning, land‑use decisions, and any public vertiport financing or operations.
- Public‑use vertiport owners/operators and prospective AAM operators (passenger and cargo services).
- Federal Aviation Administration — coordination/approval of vertiport layout plans and compliance with FAA standards.
- Citizens and businesses — potential beneficiaries of broader AAM access and connectivity.
- Potential fiscal impact on General Revenue if the General Assembly appropriates funds for planning/construction.
Fiscal impact and timeline
- Fiscal Impact Statement (4/10/2025): affected funds — General Revenue; revenue impact could not be determined. The Arkansas DFA and Division of Aeronautics were cited as sources for assumptions.
- Procedural status in the materials is inconsistent; metadata includes “Introduced: January 22, 2025” and a note that the bill “Died In Committee.” If enacted, the bill’s requirements (FAA approvals, zoning compliance, and prohibitions on exclusive access) would take effect per normal statutory effective‑date rules (no special effective date specified in the text excerpt).
Potential effects and considerations
- Encourages competition and nonexclusive access to public vertiports, which could foster multiple AAM service providers and broader geographic coverage.
- May limit local governments’ ability to enter exclusive public‑private arrangements for vertiport operations.
- Requires coordination with FAA standards — may delay operations until federal approvals are obtained.
- Budgetary implications are uncertain; actual state or local costs would depend on whether appropriations for planning/construction are made.
Compiled from official sources — confirm details with the bill’s official record.
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