BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SJR 7 (Lieu)
          As Amended  August 5, 2013
          Majority vote 

           SENATE VOTE  :26-9  
           
           LOCAL GOVERNMENT    7-2                                         
           
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          |Ayes:|Achadjian, Levine, Alejo, |     |                          |
          |     |Bradford, Gordon, Mullin, |     |                          |
          |     |Rendon                    |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Melendez, Waldron         |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           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  








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            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.  

          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  :  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.  

          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  








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          law from adopting altitude, flight path, and other necessary  
          regulations to mitigate the impacts of helicopters."  

          Separately, the FAA, at the request of Congress, established 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  








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               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 economic interests, and are  
               consistent with National Airspace System safety and  
               efficiency. 

          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 Legislature may wish to  
          ask the author about other efforts at the federal level to enact  
          relief for Los Angeles County residents.  

          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


           Analysis Prepared by  :    Misa Yokoi-Shelton / L. GOV. / (916)  
          319-3958 


                                                                FN: 0001698












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