BILL NUMBER: SB 244 CHAPTERED 10/05/01 CHAPTER 534 FILED WITH SECRETARY OF STATE OCTOBER 5, 2001 APPROVED BY GOVERNOR OCTOBER 4, 2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 AMENDED IN ASSEMBLY AUGUST 20, 2001 AMENDED IN ASSEMBLY JULY 3, 2001 AMENDED IN SENATE MAY 1, 2001 AMENDED IN SENATE APRIL 5, 2001 INTRODUCED BY Senator Speier FEBRUARY 14, 2001 An act to add Sections 21080.35 and 21091.5 to the Public Resources Code, and to amend Section 21661.6 of, and to add Section 21020 to, the Public Utilities Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGEST SB 244, Speier. Environmental quality: airport expansion and enlargement projects. (1) Existing law, the California Environmental Quality Act, requires a lead agency to prepare an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, as defined, unless the project is exempt from the act. The act also defines a "responsible agency" as a public agency, other than the lead agency, which has responsibility for carrying out or approving a project. This bill would provide that the carrying out or approval of a plan for a project that expands or enlarges an existing publicly owned airport by any political subdivision constitutes carrying out or approving a project for the purposes of that definition. (2) The existing act also requires a public review period for a draft environmental impact report of not less than 30 days. This bill would require that the public review period for a draft environmental impact report prepared for a project involving the expansion or enlargement of a publicly owned airport requiring the acquisition of any tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, or any interest therein, not be less than 120 days. To the extent the bill would lengthen the public review period for a draft environmental impact report, and thereby generate additional public comment, it would impose a state-mandated local program. (3) Existing law, the State Aeronautics Act, requires any political subdivision, prior to the acquisition of land for the purpose of expanding or enlarging an existing publicly owned airport, to submit a plan of that expansion or enlargement to the board of supervisors of the county, or the city council of the city, in which the property proposed to be acquired is located, and requires the board of supervisors to conduct public hearings and approve or disapprove the plan. This bill would expand that requirement to include the acquisition of any lands, including tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, or any interest therein, acquired by a political subdivision for the purpose of expanding or enlarging an existing publicly owned airport. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21080.35 is added to the Public Resources Code, to read: 21080.35. For the purposes of Section 21069, the phrase "carrying out or approving a project" shall include the carrying out or approval of a plan for a project that expands or enlarges an existing publicly owned airport by any political subdivision, as described in Section 21661.6 of the Public Utilities Code. SEC. 2. Section 21091.5 is added to the Public Resources Code, to read: 21091.5. Notwithstanding subdivision (a) of Section 21091, or any other provision of this division, the public review period for a draft environmental impact report prepared for a proposed project involving the expansion or enlargement of a publicly owned airport requiring the acquisition of any tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, or any interest therein, shall be not less than 120 days. SEC. 3. Section 21020 is added to the Public Utilities Code, to read: 21020. "Land" includes tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries. SEC. 4. Section 21661.6 of the Public Utilities Code is amended to read: 21661.6. (a) Prior to the acquisition of land or any interest therein, including tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, by any political subdivision for the purpose of expanding or enlarging any existing publicly owned airport, the acquiring entity shall submit a plan of that expansion or enlargement to the board of supervisors of the county, or the city council of the city, in which the property proposed to be acquired is located. (b) The plan shall show in detail the airport-related uses and other uses proposed for the property to be acquired. (c) The board of supervisors or the city council, as the case may be, shall, upon notice, conduct a public hearing on the plan, and shall thereafter approve or disapprove the plan. (d) Upon approval of the plan, the proposed acquisition of property may begin. (e) The use of property so acquired shall thereafter conform to the approved plan, and any variance from that plan, or changes proposed therein, shall first be approved by the appropriate board of supervisors or city council after a public hearing on the subject of the variance or plan change. (f) The requirements of this section are in addition to any other requirements of law relating to construction or expansion of airports. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.