BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1333
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                                Felipe Fuentes, Chair

                      SB 1333 (Yee) - As Amended:  May 17, 2010 

          Policy Committee:                             Local  

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes


          This bill specifies that that real property easements for  
          avigation purposes, when required, are to be granted prior to  
          when the purchaser of the property takes possession from the  
          real estate developer. The bill also requires that, if an  
          easement is granted and the development process subsequently  
          terminates, that the easement also terminate and the easement be  
          removed from the records of the County Recorder.

           FISCAL EFFECT
          No state costs. The bill specifies that no mandate reimbursement  
          is required since affected local agencies have the authority to  
          levy service charges, fees, or assessments to cover any costs  
          imposed by the bill. 


          1)Background  . Avigation easements convey the right for free and  
            unobstructed passage of aircraft through the airspace around  
            an airport. They also convey the right to subject the affected  
            property to noise associated with normal airport activity, a  
            right to prohibit the erection or growth of any structure or  
            other object into the airspace, and a right to enter a  
            property, with proper advance notice, for the purpose of  
            removing any structure that enters the airspace.  

           2)Rationale  . Under current practice, avigation easements are  
            granted at the time the certificate of occupancy is issued to  
            the new property owner.  According to the sponsor, the  
            California Airports Council, waiting until the certificate of  


                                                                  SB 1333
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            occupancy is issued is problematic for two reasons. First, it  
            is difficult for an airport to monitor and track compliance,  
            as the city's issuance of occupancy certificates occurs at the  
            very end of the development process. 

            Second, an airport's rights under the easement can conflict  
            with other rights in cases where the property is sold or is  
            under a sales contract prior to when the occupancy certificate  
            is issued.  By issuing the easement at the beginning of the  
            development process, the sponsor asserts that airports will be  
            able to monitor and track compliance more easily and able to  
            plan for orderly growth within the airport's jurisdiction.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081