BILL NUMBER: SB 758 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Block
FEBRUARY 22, 2013
An act to amend Section 21670.3 of add
Section 21670.5 to the Public Utilities Code, relating to
airports.
LEGISLATIVE COUNSEL'S DIGEST
SB 758, as amended, Block. San Diego County Regional Airport
Authority. Authority: joint land use study.
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 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 the preparation, adoption, or amendment by
the authority of an airport land use compatibility plan for the City
of Coronado from the requirement that a land use compatibility plan
include the area surrounding a military airport within the commission'
s jurisdiction. The bill instead would authorize the authority to
include within the plan for the city the area within the jurisdiction
of the authority surrounding any military airport.
This bill would postpone the preparation of an airport land use
compatibility plan for the City of Coronado and the United States
Naval Air Station North Island by the San Diego Regional Airport
Authority as the airport land use commission until a joint land use
study is completed by the City of Coronado, the United States Navy,
and the San Diego Regional Airport Authority. By requiring the local
airport land use commission to postpone the preparation of its
airport land use compatibility plan, the bill would impose a
state-mandated local program.
The bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Coronado.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
SECTION 1. Section 21670.5 is added to the
Public Utilities Code , to read:
21670.5. Notwithstanding Sections 21670.3 and 21675, the San
Diego Regional Airport Authority as the airport land use commission
for San Diego County shall postpone the preparation of an airport
land use compatibility plan (ALUCP) for the City of Coronado and the
United States Naval Air Station North Island until a joint land use
study (JLUS) is completed by the City of Coronado, the United States
Navy, and the San Diego Regional Airport Authority. In preparing the
ALUCP, the authority may incorporate the recommendations of the JLUS.
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.
SEC. 3. If the Commission on State
Mandates determines that this act contains costs mandated by the
state, reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.