November 14, 2023, Introduced by Rep. Steckloff and referred to the Committee on Transportation, Mobility and Infrastructure.

A bill to amend 1945 PA 327, entitled

"Aeronautics code of the state of Michigan,"

(MCL 259.1 to 259.208) by adding section 206a.

the people of the state of michigan enact:

Sec. 206a. (1) This section applies to any vertiport that is operated as a public use facility by an advanced air mobility operator that is authorized by the United States Department of Transportation or the Federal Aviation Administration to engage in passenger or cargo services in scheduled or nonscheduled service in or affecting interstate commerce.

(2) An owner or operator of a vertiport described in subsection (1) must comply with applicable Federal Aviation Administration-published rules or advisory circulars containing standards for vertiport design and performance characteristics.

(3) This section supplements any federal law pertaining to designing, constructing, operating, or maintaining a vertiport designed or constructed with a grant under 49 USC 47101 to 47175.

(4) If a political subdivision of this state enacts a zoning ordinance related to the use of a vertiport operating as a public use facility within the jurisdiction of the political subdivision, both of the following apply to the zoning ordinance:

(a) Must not be used to grant or permit an exclusive right or access to an advanced air mobility operator to the vertiport.

(b) Must be used to promote a nonexclusive right and reasonable access to 1 or more advanced air mobility operators to the vertiport.

(5) Except as otherwise provided in this subsection, and except as authorized by law, a county, city, village, or township shall not enact or adopt an ordinance, policy, or rule that relates to advanced air mobility, the ownership of an advanced air mobility aircraft, or the aerial operation of an advanced air mobility aircraft. An ordinance, policy, or rule that violates this subsection, whether enacted or adopted by the county, city, village, or township before, on, or after the effective date of the amendatory act that added this section, is void. This subsection does not apply to noise regulations.

(6) As used in this section:

(a) "Advanced air mobility" means a system that transports people or property, or both, by air between points in the United States using electric aircraft and electric vertical takeoff and landing aircraft, in both controlled and uncontrolled airspace.

(b) "Vertiport" means an infrastructure or a system with supporting services and equipment intended for landing, ground handling, and takeoff of manned or unmanned vertical takeoff and landing aircraft.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5352 (request no. 04132'23) of the 102nd Legislature is enacted into law.