BILL NUMBER: SB 1333	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Yee

                        FEBRUARY 19, 2010

    An act to amend Section 65100 of the Government Code,
relating to land use.   An act to add Section 21669.5 to
the Public Utilities Code, relating to aviation. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1333, as amended, Yee.  Land use: local entities.
  Airports: avigation easements.  
   The State Aeronautics Act governs the creation and operation of
airports in this state. The act provides for the establishment of
county airport land use commissions to carry out various
requirements, including the formulation of a comprehensive land use
compatibility plan to provide for the orderly growth of the airport
and the area surrounding the airport within the jurisdiction of the
commission, and to safeguard the general welfare of the inhabitants
within the vicinity of the airport and the public in general. The act
authorizes any person authorized to exercise the power of eminent
domain for airport purposes to acquire by purchase, gift, devise,
lease, condemnation, or otherwise airspace or an easement in airspace
above the surface of property where necessary to permit imposition
upon the property of excessive noise, vibration, discomfort,
inconvenience, interference with use and enjoyment, and any
consequent reduction in market value, due to the operation of
aircraft to and from the airport.  
   This bill would provide that if a political subdivision, as
defined, conditions approval of a noise-sensitive project, as
defined, upon the grant of an avigation easement, as defined, to the
owner or operator of an airport, the avigation easement shall be
required to be granted to the owner or operator of the airport prior
to the issuance of the building permit that allows construction or
reconstruction of the noise-sensitive project. The bill would require
that the avigation easement include a termination clause that
operates to terminate the avigation easement if the noise-sensitive
project is not built and the permit or any permit extension
authorizing construction or reconstruction has expired or has been
revoked. The bill would require the political subdivision that issued
the permit to notify the owner or operator of the airport of the
expiration or revocation of the permit within 30 days of its
expiration or revocation. The bill would require the owner or
operator of the airport to record a notice of termination with the
county recorder of the county where the property is located within 90
days after receipt of the notice from the political subdivision, and
to provide the political subdivision with proof of filing of the
notice of termination within 30 days of it being recorded. By
requiring a political subdivision to provide notice of the expiration
or revocation of the permit to the owner or operator of an airport
and by requiring the recording of a notice of termination, the bill
would impose a state-mandated local program.  
   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.  
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

   Existing law establishes the Planning and Zoning Law. Existing law
provides within each city and county a planning agency with the
powers necessary to carry out the purposes of the Planning and Zoning
Law, as specified.  
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 21669.5 is added to the 
 Public Utilities Code   , to read:  
   21669.5.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Avigation easement" means a property right that authorizes
the use of the airspace above, adjacent to, or in the vicinity of,
the property of the permitholder granting the easement, to enable
aircraft to take-off from or land on one or more of an airport's
runways, including an easement obtained pursuant to paragraph (2) of
subdivision (a) of Section 21652.
   (2) "CNEL" means community noise equivalent level established
pursuant to Chapter 6 (commencing with Section 5000) of Division 2.5
of Title 21 of the California Code of Regulations.
   (3) "Noise-sensitive land use" means residential uses, including
detached single-family dwellings, multifamily dwellings, highrise
apartments or condominiums, mobilehomes, public and private
educational facilities, hospitals, convalescent homes, churches,
synagogues, temples, and other places of worship.
   (4) "Noise-sensitive project" means a project involving new
construction or reconstruction for a planned noise-sensitive land use
within an airport's 65 decibels CNEL or higher noise contour.
   (b) If a political subdivision conditions approval of a
noise-sensitive project upon the grant of an avigation easement to
the owner or operator of an airport, the avigation easement shall be
required to be granted to the owner or operator of the airport prior
to the issuance of the building permit that allows construction or
reconstruction of the noise-sensitive project. The owner or operator
of an airport that is granted an avigation easement as a condition
for approval of a noise-sensitive project pursuant to this
subdivision shall be entitled to immediately record it upon receipt.
   (c) An avigation easement granted to the owner or operator of an
airport as a condition for approval of a noise-sensitive project
shall include a termination clause that operates to terminate the
avigation easement if the noise-sensitive project is not built and
the permit or any permit extension authorizing construction or
reconstruction of the noise-sensitive project has expired or has been
revoked.
   (d) Within 30 days after expiration or revocation of a permit or
permit extension that authorized construction or reconstruction of a
noise-sensitive project and was conditioned upon the property owner
granting an avigation easement to the owner or operator of an
airport, the political subdivision that had issued the permit shall
notify the owner or operator of the airport of the expiration or
revocation of the permit. Within 90 days after receipt of the notice
from the political subdivision, the owner or operator of the airport
shall record a notice of termination with the county recorder in
which the property is located. Proof of filing of the notice of
termination shall be provided to the political subdivision by the
owner or operator of the airport within 30 days of recordation. 

  SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.  
  SECTION 1.    Section 65100 of the Government Code
is amended to read:
   65100.  There is in each city and county a planning agency with
the powers that are necessary to carry out the purposes of this
title. The legislative body of each city and county shall by
ordinance assign the functions of the planning agency to a planning
department, one or more planning commissions, administrative bodies
or hearing officers, the legislative body itself, or any combination
thereof, as it deems appropriate and necessary. In the absence of an
assignment, the legislative body shall carry out all the functions of
the planning agency.