Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 360

Introduced by Assembly Member Melendez

February 17, 2015

An act begin insert to amend Section 21632 of the Public Utilities Code, end insert relating to airports.

LEGISLATIVE COUNSEL’S DIGEST

AB 360, as amended, Melendez. begin delete Ontario International Airport. end delete begin insert Airports: evaluation. end insert

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The State Aeronautics Act governs the creation and operation of airports in this state. The act authorizes the Department of Transportation to evaluate the need for an airport, owned or operated by the United States in this state that ceases to be so owned or operated, in the state’s public-use airport system, as specified. The act requires the department, before finalizing the evaluation, to submit a copy of its report to the California Transportation Commission for review and comment and requires the commission to complete its review and comment, as specified, not later than 45 days after receiving the evaluation.

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This bill would instead require the commission to complete its review and comment not later than 50 days after receiving the evaluation.

end insert begin delete

Existing law provides for creation of airport districts. Existing law provides for transfer of the San Diego International Airport from the San Diego Unified Port District to the San Diego County Regional Airport Authority.

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This bill would state the intent of the Legislature to enact legislation that would establish the Ontario International Airport Authority and require the transfer of management and operational control of the Ontario International Airport from the City of Los Angeles to the authority.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 21632 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

21632.  

(a) The department may also acquire existing airports
and air navigation facilities, but it shall not acquire any airport or
air navigation facility owned or controlled by a political subdivision
of this or any other state without the consent of the political
subdivision.

(b) Whenever an airport owned or operated by the United States
in this state ceases to be so owned or operated, the department, in
consultation with local and regional transportation planning
agencies, may evaluate the present and future need for the airport
in the state’s public-use airport system, including the need for both
the transportation of people and goods. The purpose of the
evaluation is to determine aviation needs and does not eliminate
any requirement of the California Environmental Quality Act,
Division 13 (commencing with Section 21000) of the Public
Resources Code.

(c)  begin delete Prior to end delete begin insert Before end insert finalizing the evaluation, the department
shall submit a copy of its report to the commission for review and
comment. The commission shall complete its review and forward
any comments to the department not later than begin delete 45 end delete begin insert 50 end insert days after
receiving the evaluation.

(d) Upon completion of its evaluation, the department may make
a recommendation to the Legislature, the commission, the affected
local agencies, and the appropriate federal agency for the airport’s
ownership and type of operation as a public-use airport, if the
department determines that the airport would be of significant
benefit to the state’s airport system. It is the intent of the
Legislature that the department, in making its recommendation,
give priority for ownership and operation of these public-use
airports to a local political subdivision or subdivisions acting
jointly.

(e)  begin delete Notwithstanding Section 21606, if end delete begin insert If end insert a political subdivision
or subdivisions acting jointly notify the department of their
intentions to prepare a reuse plan for the airport, and
simultaneously apply to the Federal Aviation Administration for
a federal grant to develop an airport master plan for the airport,
the department shall not make its recommendation pursuant to
subdivision (d). If the department’s evaluation determines that the
airport would be of significant benefit to the state’s airport system,
and the political subdivision or subdivisions acting jointly fail to
convert the federal airport to a civil public-use airport in accordance
with the department’s evaluation within five years of notification
to the department, or fail to evidence substantial progress toward
that purpose as determined by the department, then the department
may take action in accordance with subdivision (f).

(f) If the department determines the airport is of present or future
benefit to the state’s public-use airport system, and no political
subdivision applies to the appropriate federal agency to acquire or
operate the airport, or has notified the department of its intention
to prepare a reuse plan for the airport and thereafter fails to act
upon its application pursuant to subdivision (e), the department
may, subject to subdivision (g), assist in the formation of a public
entity to own and operate the begin delete airport end delete begin insert airport, end insert which shall be
representative of political subdivisions in the area begin delete which end delete begin insert that end insert
surrounds and is served by the airport, as determined by the
department. If established, the owning and operating entity may,
subject to subdivision (g), prepare and submit an application to
the appropriate federal agency to acquire or operate, or acquire
and operate, the airport as a public airport.

(g) Notwithstanding subdivision (f), if any political subdivision
has previously applied to the appropriate federal agency to acquire
and operate the airport as a public airport, has completed all
required environmental and fiscal evaluations, and subsequently
withdrew its application begin delete prior to end delete begin insert before end insert December 31, 1988, the
department shall not file any application to acquire or operate the
airport or assist in the formation of a public entity to own and
operate the airport.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would establish the Ontario International Airport
Authority and require the transfer of management and operational
control of the Ontario International Airport from the City of Los
Angeles to the authority.

end delete