(a) This section
provides guidance to the airport manager and other decision makers under this
chapter when a provision of this chapter calls for consideration of the best
interest of the state.
(b) The best
interest of the state contemplates an action or practice that best promotes and
maintains, consistent with state and federal law, a strong airport and aviation
environment for the benefit of the traveling and shipping public. This interest
is served through decisions that allow and encourage air service providers,
corporate aircraft operators, private pilots, and others in the aviation
industry to serve public and private needs without unreasonable expense or
interference.
(c) The department
will seek to operate the Alaska International Airports System and the rural
airports system to accomplish the goals described in (b) of this section by
considering, as applicable to a particular decision, such factors as
(1) the safe, effective, and efficient
operation of each affected airport;
(2) the safety of
(A) the traveling public and other
persons;
(B) each affected airport;
and
(C) aircraft and other
property;
(3) the
encouragement of economic development both statewide and in the community in
which an affected airport is located, including the growth of
(A) a strong aviation industry;
(B) air passenger and air cargo services;
and
(C) tourism and other
commerce;
(4) the
continued development of
(A) the international
and rural airports systems;
(B)
aviation services that are open to all users; and
(C) business and non-commercial enterprises
on airport property;
(5)
the protection of
(A) state
resources;
(B) public health and
the environment; and
(C) a person's
lease, permit, or concession rights;
(6) compliance with
(A) applicable provisions of this chapter and
of any other statutes or regulations, including any relating to noise or
airport land use;
(B) applicable
airport bond covenants, including the state's obligations under revenue bonds
issued under
AS
37.15.410-37.15.550;
(C) goals of financial self-sufficiency for
the International Airports Revenue Fund established under
AS
37.15.430;
(D) provisions of any other program or plan
required for compliance with applicable federal or state law; and
(E) the state's obligations under leases and
other contracts and agreements to which the state is a party, including
applicable FAA grant assurances adopted by reference under
17 AAC 42.010(d);
(7) minimizing
(A) the impact of the airport on surrounding
communities, including noise; and
(B) interference with aviation activities at
the airport;
(8) sound
airport planning and considerations of security, maintenance, and operation of
each affected airport; and
(9)
whether a requested lease, permit, or concession or a material amendment of a
lease, permit, or concession, either alone or combined with any other interest
the applicant holds at the airport, would
(A)
exceed the applicant's needs, including reasonable future expansion, and limit
the availability of land or building space for uses of equal or higher priority
under this chapter; or
(B) result
in the monopolization of an aeronautical use on the airport.
