BILL ANALYSIS SB 1333 Page 1 Date of Hearing: August 4, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1333 (Yee) - As Amended: May 17, 2010 Policy Committee: Local GovernmentVote:9-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY 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. COMMENTS 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 Page 2 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