BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1333| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1333 Author: Yee (D) Amended: 5/17/10 Vote: 21 SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 4/19/10 AYES: Cox, Aanestad, Kehoe, DeSaulnier, Price SUBJECT : Airports: avigation easements SOURCE : California Airports Council DIGEST : This bill requires an airport to acquire an avigation easement prior to the issuance of a building permit that allows for construction of a residential project within the airport's 65 decibel (dB) or higher noise boundary, as specified. The easement may be immediately recorded and must include a termination clause if the project is cancelled or the building permit is revoked or expires. This bill also requires the local government that issued the permit to notify the airport within 30 days of a permit's expiration, and the airport would be required to record a notice of termination of the easement with the county recorder within 90 days of the notification. ANALYSIS : The State Department of Transportation must adopt noise standards governing the operation of aircraft and aircraft engines based upon the level of noise acceptable to a reasonable person residing in the vicinity CONTINUED SB 1333 Page 2 of the airport. California airport noise regulations: 1. Establish the standard for the acceptable level of aircraft noise for persons living in the vicinity of airports to be a community noise equivalent level (CNEL) of 65 decibels. 2. Deem new development of residential and certain other land uses within the 65 dB CNEL contour of a noiseproblem airport to be incompatible unless the airport obtains an avigation easement for aircraft noise. An avigation easment is a type of easement which typically conveys: 1. A right-of-way for free and unobstructed passage of aircraft through the airspace over the property at any altitude above a specified surface. 2. A right to subject the property to noise, vibrations, fumes, dust, and fuel particle emissions associated with normal airport activity. 3. A right to prohibit the erection or growth of any structure, tree, or other object that would enter the acquired airspace. 4. A right-of-entry onto the property, with proper advance notice, for the purpose of removing, marking, or lighting any structure or other object that enters the acquired airspace. 5. A right to prohibit electrical interference, glare, misleading lights, visual impairments, and other hazards to aircraft flight from being created on the property. This bill requires avigation easements to be acquired by an airport prior to the issuance of a building permit for a "noise-sensitive project," if a local government conditions the approval of the project on the granting of an avigation easement to the airport. SB 1333 Page 3 This bill defines "noise-sensitive project" as a project within an airport's 65 decibels CNEL or higher noise corridor involving new construction or reconstruction for residential uses, including detached single-family dwellings, multifamily dwellings, high-rise apartments or condominiums, mobilehomes, public and private educational facilities, hospitals, convalescent homes, churches, synagogues, temples, and other places of worship. This bill defines "avigation easement" as a less-than-fee-title transfer of real property rights from the property owner that may convey to an owner or operator of an airport any or all of the specified rights. This bill states that the owner or operator of an airport that is granted an avigation easement as a condition for approval of a noise-sensitive project is entitled to immediately record the easement upon receipt. This bill requires that an avigation easement granted to the owner or operator of an airport as a condition for approval of a noise-sensitive project must include a termination clause that terminates the easement if the project is not built and the permit or any permit extension authorizing construction of the project expires or is revoked. The bill requires the political subdivision that issued a permit to notify the owner or operator of the airport within 30 days of a permit's expiration or revocation. The owner or operator of the airport must record a notice of termination with the county auditor within 90 days after the receiving notice of a permit's expiration or revocation from a political subdivision. Within 30 days of recording the notice of termination, the owner or operator of the airport must provide the political subdivision with proof of filing. This bill authorizes the county recorder to charge a fee sufficient to cover its recordation costs. Comments Pressures to construct housing, schools, or healthcare facilities near urban airports can sometimes outweigh SB 1333 Page 4 concerns over noise impacts and result in decisions to allow development where these uses would normally be incompatible. Some cities have ordinances requiring property owners to grant avigation easements as a condition for approval of potentially incompatible development projects within an airport's noise impact boundary. These easements are often granted when local officials issue certificates of occupancy to property owners. Commercial airport operators say that granting these easements after completion of a development project can subordinate the easements to other property rights and may provide potential property buyers with insufficient awareness of airport noise effects. They want avigation easements that are granted as a condition of approval for a potentially incompatible development project to be granted earlier in the development process. To remain in compliance with airport noise regulations, San Francisco International Airport (SFO) officials have worked with officials in neighboring cities to address issues relating to potentially incompatible development projects. City officials in San Bruno and South San Francisco have cooperated with SFO by requiring property owners to grant avigation easements as a condition of approval for some development projects within SFO's noise impact boundary. SFO officials believe that these easments' effectiveness in addressing airport noise issues is affected by when the easments are granted. By requiring these easements to be granted before the issuance of a building permit, this bill ensures that the airport's rights are fully protected and that potential property buyers are properly notified that the property is subject to the conditions specified in the easements. This bill disclaims the state's responsibility for providing reimbursement by citing local governments' authority to charge for the costs of implementing the bill's provisions. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee analysis: SB 1333 Page 5 Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Recording mandate potential reimbursable mandate costs General Easement termination likely minor, potentially reimbursable General Notice costs Note: Amendments take in Senate Appropriations Committee authorize the county recorder to charge a fee sufficient to cover its recordation costs imposed by this bill. SUPPORT : (Verified 5/18/10) California Airports Council (source) San Francisco International Airport AGB:do 5/18/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****