BILL NUMBER: AB 662 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Hueso
FEBRUARY 17, 2011
An act to amend Section 21670.3 21675
of the Public Resources Utilities
Code, relating to the San Diego County Regional Airport
Authority airports .
LEGISLATIVE COUNSEL'S DIGEST
AB 662, as amended, Hueso. San Diego County Regional
Airport Authority. Airport land use compatibility
plans.
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 airports and
the area surrounding airports within the jurisdiction of the
commission, and to safeguard the general welfare of the inhabitants
within the vicinity of an airport and the public in general. The act
requires each county in which there is an airport served by a
scheduled airline, with certain exceptions, to establish an airport
land use commission. The act requires the commission to include,
within its airport land use compatibility plan, the area within the
jurisdiction of the commission surrounding any military airport for
specified purposes.
Existing federal law provides for the establishment of military
Air Installation Compatible Use Zones (AICUZ). The State Aeronautics
Act requires that an airport land use compatibility plan adopted by a
county airport land use commission be consistent with the safety and
noise standards in an AICUZ prepared for a military airport within
the jurisdiction of the commission.
This bill would require that an airport land use compatibility
plan adopted by a county airport land use commission be consistent
with the safety and noise standards in an AICUZ if the AICUZ was
adopted pursuant to a public process that provided for reasonable
public comment and participation.
Existing law exempts the County of San Diego from the requirement
to establish a commission and, instead, makes the San Diego County
Regional Airport Authority responsible for the preparation, adoption,
and amendment of an airport land use compatibility plan for each
airport in San Diego County.
This bill would exempt from that military airport inclusion
requirement the preparation, adoption, or amendment by the authority
of an airport land use compatibility plan for the City of Coronado.
The bill would authorize the authority to include within the plan for
the city the area within the jurisdiction of the authority
surrounding any military airport.
The bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Coronado.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21675 of the Public
Utilities Code is amended to read:
21675. (a) Each commission shall formulate an airport land use
compatibility plan that will provide for the orderly growth of each
public airport and the area surrounding the airport within the
jurisdiction of the commission, and will safeguard the general
welfare of the inhabitants within the vicinity of the airport and the
public in general. The commission's airport land use compatibility
plan shall include and shall be based on a long-range master plan or
an airport layout plan, as determined by the Division of Aeronautics
of the Department of Transportation, that reflects the anticipated
growth of the airport during at least the next 20 years. In
formulating an airport land use compatibility plan, the commission
may develop height restrictions on buildings, specify use of land,
and determine building standards, including soundproofing adjacent to
airports, within the airport influence area. The airport land use
compatibility plan shall be reviewed as often as necessary in order
to accomplish its purposes, but shall not be amended more than once
in any calendar year.
(b) (1) The commission shall include, within
its airport land use compatibility plan formulated pursuant to
subdivision (a), the area within the jurisdiction of the commission
surrounding any military airport for all of the purposes specified in
subdivision (a). The
(2) If for a military airport within
the jurisdiction of the commission, a military Air Installation
Compatible Use Zone was adopted pursuant to a public process that
provided for reasonable public comment and participation, including a
public process that resulted in adoption of an
environmental impact statement pursuant to the National Environmental
Policy Act of 1969 (Chapter 55 (commencing with Section 4321) of
Title 42 of the United States Code), the airport land use
compatibility plan shall be consistent with the safety and noise
standards in the Air Installation Compatible Use Zone prepared for
that military airport. This
(3) If a military Air Installation
Compatible Use Zone was adopted without a public process that
provided for reasonable public comment and participation, the
requirements of paragraph (2) are inapplicable.
(4) This subdivision does not
give the commission any jurisdiction or authority over the territory
or operations of any military airport.
(c) The airport influence area shall be established by the
commission after hearing and consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of
the department one copy of the airport land use compatibility plan
and each amendment to the plan.
(e) If an airport land use compatibility plan does not include the
matters required to be included pursuant to this article, the
Division of Aeronautics of the department shall notify the commission
responsible for the plan.
SECTION 1. Section 21670.3 of the Public
Utilities Code is amended to read:
21670.3. (a) Sections 21670 and 21670.1 do not apply to the
County of San Diego. In that county, the San Diego County Regional
Airport Authority, as established pursuant to Section 170002, shall
be responsible for the preparation, adoption, and amendment of an
airport land use compatibility plan for each airport in San Diego
County.
(b) Subdivision (b) of Section 21675 does not apply to the
preparation, adoption, or amendment of an airport land use
compatibility plan for the City of Coronado by the San Diego County
Regional Airport Authority. The San Diego County Regional Airport
Authority may include, within its airport land use compatibility plan
for the City of Coronado, the area within the jurisdiction of the
authority surrounding any military airport. This subdivision does not
give the San Diego County Regional Airport Authority any
jurisdiction or authority over the territory or operations of any
military airport.
(c) The San Diego County Regional Airport Authority shall engage
in a public collaborative planning process when preparing and
updating an airport land use compatibility plan.
SEC. 2. The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique island location of the
City of Coronado and its proximity to large military installations.