BILL ANALYSIS Ó
SJR 7
Page 1
Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SJR 7 (Lieu) - As Amended: August 5, 2013
SENATE VOTE : 26-9
SUBJECT : Los Angeles Residential Helicopter Noise Relief Act of
2013.
SUMMARY : Resolves that the California Legislature supports the
Los Angeles Residential Helicopter Noise Relief Act of 2013 and
memorializes Congress to enact and the President to sign the
legislation. Specifically, this resolution :
1)Resolves that the California Legislature supports the Los
Angeles Residential Helicopter Noise Relief Act of 2013,
Senate Bill No. 208 (Feinstein) and House of Representatives
Bill No. 456 (Schiff) and memorializes Congress to enact and
the President to sign the legislation.
2)Makes finding and declarations that despite multiple efforts
from several community and homeowner organizations in Los
Angeles County to address these disturbances, helicopter
traffic in Los Angeles County is not currently regulated by
the Federal Aviation Administration (FAA) or any other agency.
3)Makes findings and declarations that the lack of effective
regulations for commercial helicopter operations in Los
Angeles County negatively impacts the safety and quality of
life of its residents.
4)Makes findings and declarations that California is preempted
by federal law from adopting altitude, flight path, and other
necessary regulations to mitigate the impacts of commercial
helicopters.
5)Makes findings and declarations that two companion measures in
Congress, S. 208 and
H.R. 456, the Los Angeles Residential Helicopter Noise Relief
Act of 2013, would require the Administrator of the FAA to
prescribe regulations for helicopter operations in the county
of Los Angeles that are needed to address residents' concerns
over safety, noise, and other associated impacts.
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6)Resolves that the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the
United States, to the Majority Leader of the Senate, to the
Speaker of the House of Representatives, and to each member of
the California Congressional delegation.
EXISTING LAW authorizes local governments to regulate operations
of airports within their jurisdictions, to the extent permitted
by federal law.
FISCAL EFFECT : None
COMMENTS :
1)This resolution requests that Congress pass and the President
sign the Los Angeles Residential Helicopter Noise Relief Act
of 2013 (S. 208 and H.R. 456). This resolution is sponsored
by the Citizens for Quiet Helicopters.
The Los Angeles Residential Helicopter Noise Relief Act of
2013 would require the FAA to enact regulations, in
consultation with local communities and local helicopter
operators, within one year to reduce helicopter noise
pollution in residential areas, increase safety, and minimize
commercial aircraft delays in Los Angeles County. Helicopter
operations related to emergency, law enforcement, or military
activities are exempt from the Los Angeles Residential
Helicopter Noise Relief Act of 2013.
2)According to the author, "Helicopter noise in Los Angeles
County interrupts daily life for many residents by interfering
with their ability to hear conversations, television,
telephone and disrupting sleep cycles. Although there have
been multiple efforts from several community and homeowner
organizations to address these disturbances, helicopter
traffic in Los Angeles County is still not regulated by the
Federal Aviation Administration. The state of California is
preempted by federal law from adopting altitude, flight path,
and other necessary regulations to mitigate the impacts of
helicopters."
3)Separately, the FAA, at the request of Congress, established
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the Los Angeles Helicopter Noise Initiative and solicited
input from local residents, communities, and stakeholders on
helicopter noise and safety issues in Los Angeles County. The
FAA report released on May 31, 2013, identified the following
approaches to address helicopter noise issues in the Los
Angeles Basin:
"The FAA commits to undertake and support the following
actions: Evaluate existing helicopter routes to identify
feasible modification that could lessen impacts on residential
areas and noise-sensitive landmarks. Analyze whether
helicopters could safely fly at higher altitudes in certain
areas along helicopter routes and at specific identified areas
of concern. Develop and promote best practices for helicopter
hovering and electronic new gathering. Conduct outreach to
helicopter pilots to increase awareness of noise-sensitive
areas and events. Explore a more comprehensive noise
complaint system. Continue the collaborative engagement
between community representatives and helicopter operators,
with interaction with the FAA.
The FAA is aware that a number of local citizens believe that
helicopter noise problems would be resolved if the FAA would
just issue a noise regulation, although people do not
necessarily agree on the substance of such a regulation.
However, it is the FAA's considered judgment that a
comprehensive regulation governing Los Angeles County
helicopter noise would be extremely difficult, if not
impossible, to develop. It is not clear what a regulation
might direct, given the local complexities and the problems
with broad-based route or altitude solutions as explained in
this report, or whether it would be possible to develop a
generic approach to a problem that lends itself to rulemaking
for a category of aviation users. Rulemaking would also
require a high amount of resources and many years, during
which time there would be limitations on the FAA's engagement
with stakeholders and could be missed opportunities for more
immediate actions. In the FAA's experience, the most
satisfactory and widely accepted noise abatement measures are
those that have been collectively discussed by engaged
stakeholders and the FAA at the local level and are supported
by local consensus. The FAA recommends the engagement of a
robust local process and is prepared to support such a process
to pursue remedies that are determined to reduce helicopter
noise, are responsive to community quality-of-life and
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economic interests, and are consistent with National Airspace
System safety and efficiency".
4)The Legislature has previously weighed in on this issue in AJR
25 (Feuer), Chapter 73, Statutes of 2012, which requested
Congress to enact and the President to sign S. 2019 and H.R.
2677, each known as the Los Angeles Helicopter Noise Relief
Act of 2011. However, Congress did not act on the Los Angeles
Residential Helicopter Noise Relief Act of 2011, which would
have required the FAA to enact regulations within three years
and one year, respectively, to reduce helicopter noise
pollution in residential areas in Los Angeles County.
Given previous lack of action on prior measures and the
conclusions drawn in the FAA report, the Committee may wish to
ask the author about other efforts at the federal level to
enact relief for Los Angeles County residents.
5)Support arguments : Supporters argue that this resolution will
urge the enactment of federal legislation to provide much
needed noise relief for all residents of Los Angeles County.
Opposition arguments : None
REGISTERED SUPPORT / OPPOSITION :
Support
Citizens for Quiet Helicopters [SPONSOR]
City of West Hollywood
Friends of Griffith Park
Los Angeles Area Helicopter Noise Coalition
Sherman Oaks Homeowners Association
Opposition
None on file
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958