BILL NUMBER: AB 2676	CHAPTERED  09/14/04

	CHAPTER  521
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  JULY 29, 2004
	AMENDED IN SENATE  JULY 14, 2004
	AMENDED IN SENATE  JUNE 22, 2004

INTRODUCED BY   Assembly Member Nakano

                        FEBRUARY 20, 2004

   An act to amend Section 21661.5 of the Public Utilities Code,
relating to airports.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2676, Nakano.  Airports:  heliport construction plans.
   The existing State Aeronautics Act prohibits any person or
political subdivision from submitting an application for the
construction of a new airport, including a helicopter landing and
taking off area (heliport), to any local, regional, state, or federal
agency unless the plan for construction is first approved by the
board of supervisors of the county, or the city council of the city,
in which the airport is to be located and unless the plan is
submitted to and acted upon by the appropriate airport land use
commission or any other appropriately designated body for land use
planning.  Existing law requires the submission of an application for
a permit to construct or establish an airport to the Division of
Aeronautics of the Department of Transportation.  Existing
regulations adopted by the department require that for the department
to consider an application complete, the applicant must submit
documentation of approval of the plan for construction by either the
board of supervisors of the county or the city council of the city,
as appropriate, in which the airport is to be located.
   This bill would authorize a county board of supervisors or a city
council to delegate its above-described responsibility for prior
approval of a plan for new heliport construction, to the city or
county planning agency.  The bill would require the department to
adopt regulations, or amend existing regulations, consistent with the
changes to existing law made by the bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21661.5 of the Public Utilities Code is amended
to read:
   21661.5.  (a) No political subdivision, any of its officers or
employees, or any person may submit any application for the
construction of a new airport to any local, regional, state, or
federal agency unless the plan for construction is first approved by
the board of supervisors of the county, or the city council of the
city, in which the airport is to be located and unless the plan is
submitted to the appropriate commission exercising powers pursuant to
Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1
of Division 9, and acted upon by  that commission in accordance with
the provisions of that article.
   (b) A county board of supervisors or a city council may, pursuant
to Section 65100 of the Government Code, delegate its responsibility
under this section for the approval of plan for construction of new
helicopter landing and takeoff areas, to the county or city planning
agency.
  SEC. 2.  The Department of Transportation shall adopt regulations,
or amend existing regulations, including Section 3534 of Title 21 of
the California Code of Regulations, to be consistent with the changes
made by this act.