Legislative updates
SWAAAE's Legislative Committee monitors government operations, gathers information, identifies issues, and recommends courses of action to further the Chapter's mission. The committee tracks when bills or policies are introduced that have a material impact on aviation organizations and reports to the Chapter officers any issues that arise. The Committee also monitors changes in the body politic to forecast potential policy initiatives.
Current Updates
Issues on the Horizon:
Arizona State Updates
The Arizona Legislature Reconvened on January 13, 2025. The following legislation is being considered:
SB 1085 – TPT: use tax, exemption, aviation
Expands the Transaction Privilege Tax (TPT) and Use Tax exemptions on aircraft to include outlined property used by people to maintain, repair or overhaul general aviation equipment and includes always hangered aircraft as an aircraft not required to register with the Arizona Department of Transportation (ADOT).
SB 1307 – Advanced air mobility infrastructure
The bill would create new definitions for various electric-powered aircraft technologies and would require the Arizona Department of Transportation (ADOT), in consultation with the outlined stakeholders, to develop or update a statewide aviation plan to include these technologies. The bill further requires the Arizona Commerce Authority (ACA) to provide educational materials to local jurisdictions on the benefits of electric powered aircrafts.
California State Updates
The California Legislature reconvened on January 6, 2025 for the first year of the 2025-2026 biennial session. The following legislation is being considered:
AB 39 (Zbur, D) General plans: Local Electrification Planning Act.
The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan forthe city’s or county’s physical development that includes various elements, including, among others, a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, as specified. This bill, the Local Electrification Planning Act, would require a city, county, or city and county, on or after January 1, 2027, but no later than January 1, 2030, to prepare and adopt a specified plan, or integrate a plan in the next adoption or revision of the general plan, that includes locally based goals, objectives, policies, and feasible implementation measures that include, among other things, the identification of opportunities to expand electric vehicle charging, as specified, and includes policies and implementation measures that address the needs of disadvantaged communities, low-income households, and small businesses for equitable and prioritized investments in zero-emission technologies that directly benefit these groups. For these purposes, the bill would authorize a city, county, or city and county to incorporate by reference into the general plan a previously adopted similar plan that meets the above described requirements, as specified. By increasing the duties of local public officials, the bill would establish a state-mandated local program. (Based on 12/02/2024 text)
SB 1193 (Menjivar), the bill prohibiting leaded avgas, was signed into law. CAC is now discussing a potential pilot program to subsidize sustainable aviation fuel (SAF).
SB 1372 (Newman), which would have prohibited commercial airports from allowing CLEAR at their security or pre-check lanes, died in committee.
SB 1524 (Dodd) clarifies state law on the disclosure of hidden fees. The bill included language exempting fees imposed by airports on food and beverage concessions, such as small pre-tax surcharges used to support employee healthcare, often tied to collective bargaining agreements with concessionaires. This bill was signed into law.
AB 1150 (Schultz) The CAC intends to sponsor a bill to adjust the daily CFC for inflation, which will help airports manage rising costs. Early feedback from rental car companies and the Assembly Judiciary Committee has been positive.
Other issues:
State Diversion of Aeronautical Revenues
The California Airports Council continues to engage with the FAA and the state Aeronautics Board concerning revenue diversion related to tax on fuel sales. The FAA has scheduled a meeting with the state to discuss this issues shortly after Secretary Duffy was confirmed to his post. Legislation is being proposed in the assembly to address revenue diversion through a formulaic allocation of fuel tax revenues to districts. CAC is engaged on the issue and will continue to report back.
California Air Resources Board Aircraft Fuel Emissions
California officials will reconsider ways to reduce jet-fuel emissions after local airport workers pleaded for protection from the health damage caused by airplane pollution. CARB has proposed a number of actions that would achieve this goal. In a December call, a diverse representation of the aviation community provided feedback on the recommendations, particularly relate to the feasibility and timelines of implementation. Representatives of CARB committed to working with the community to remedy concerns.
Nevada State Updates
The 83rd (2025) Session of the Nevada Legislature will begin on February 3, 2025. The following legislation is being considered (K. Moen, M. Adou):
AB 293 Create the Office of Aerospace
NvAA’s bill AB293 never received a committee hearing. NV amended another bill - AB100 - that’s original language sought state appropriation for air service development and local AIP grant match to NvAA language to create an Office of Aerospace. AB100 was passed out of the Assembly Revenue Committee. It is currently waiting to be heard Ways and Means. It has been exempted by the Legislature from standard deadlines because they come with fiscal notes and have been sent to the Legislature’s money committees for consideration. The next major big day in Carson City is Thursday, May 1. That’s when the Economic Forum will meet and potentially adjust the state’s revenue forecast up or down and determine funding availability.
Federal Updates:
Executive Branch Activity
Diversity, Equity and Inclusion
President Trump issued an executive order aimed at ending diversity, equity, and inclusion (DEI) policies that have been implemented by federal contractors and grant recipients and are in violation of federal civil rights laws. The order directs each agency, including the Federal Aviation Administration (FAA), to require federal contractors and grant recipients, as a condition of receiving a contract or grant, to certify that they do not have a DEI program in violation of any federal anti-discrimination laws. This requirement is in addition to other directives aimed at ending “affirmative action” practices engaged in by federal contractors.
Federal Contractor and Grant Recipient DEI Programs. First, the order directs each agency, including FAA, to ensure that “every contract or grant award” includes a term requiring each contractual counterparty or grant recipient to “certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” (Emphasis added.) We do not believe this term requires an airport to eliminate its DEI program under any circumstances. Rather, the requirement will only apply when such program violates “federal anti-discrimination laws.” The critical question will be under what circumstances these programs violate such laws, which the order does not address. FAA will need to explain how this provision will be interpreted and applied. We will be requesting clarity from FAA and monitoring any efforts to incorporate such provisions into any grant agreements.
Congressional
On April 8, 2025 Today, the House Aviation Subcommittee held a hearing on “America Builds: Airport Infrastructure, Safety, and Regulatory Environment” to discuss airport infrastructure investments and regulatory challenges after passage of the 2024 FAA Reauthorization Act. Key issues included: Airport funding, Regulatory Streamlining and Safety. Michael Ladnguth, AAE, Larry Krauter, AAE, and Andre Sutton provided testimony on behalf of airports.
Agency
TSA
TSA announced the appointment of Ha Nguyen McNeill as the agency’s Deputy Administrator. This morning, TSA confirmed to AAAE that McNeill will serve as the TSA Acting Administrator until a person is nominated and confirmed for that position. Adam Stahl, who had been serving as the Acting TSA Administrator, will now be the Acting Deputy Administrator.
FAA
The U.S. Department of Transportation (DOT) and FAA have completed their updates to the agreement governing grant funding. Two new, notable conditions that will be included in the agreement focus on ending diversity, equity, and inclusion (DEI) programs that violate federal civil rights laws and ensuring airport sponsors cooperate with federal authorities on immigration enforcement. Second, FAA has releaseda notification requesting comments on the updated grant assurances that are included in the updated agreement. However, it is important to note that the updated assurances are separate from the conditions focusing on DEI programs and immigration enforcement.
And finally, with the updated grant agreement completed, FAA is expected to begin issuing grants very soon, starting with formulaic grants through the Airport Infrastructure Grant (AIG) Program and AIP.
DHS and TSA Team Up to Enforce REAL ID Rules
On September 11, the Department of Homeland Security and the Transportation Security Administration unveiled a proposal that would allow agencies to spend two years phasing in full enforcement of the REAL ID requirements that are scheduled take effect in May 2025. The proposed rule is scheduled to be published in the Federal Register on September 12, and DHS is accepting public feedback for 30 days.
The rule builds on the 2005 Real ID law that aimed to reduce the use of fraudulent IDs by setting nationwide card standards and minimum documentation requirements. Once fully enforced, REAL ID-compliant cards will be required for commercial air travel and access to many government facilities.
Federal agencies would craft their own phased enforcement plans, such as a “three strikes” system that warns individuals about the need to have a REAL ID without immediately turning them away. Both DHS and TSA are proposing flexible enforcement after the May 2025 deadline to mitigate anticipated backlogs at state agencies that issue IDs.