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 | | |
| | | | |
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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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