BILL NUMBER: SB 1286	CHAPTERED  07/13/99

	CHAPTER   105
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE ASSEMBLY   JUNE 30, 1999
	PASSED THE SENATE   MAY 13, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Mountjoy

                        FEBRUARY 26, 1999

   An act to amend Section 21687 of the Public Utilities Code,
relating to aviation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1286, Mountjoy.  Airports:  funding:  repayment.
   Under the State Aeronautics Act, if an airport for which payments
have been made from the Aeronautics Account ceases to be open to the
general public for more than one year, the public entity to which
those payments were made is required to pay to the state, for deposit
in the account, an amount computed by the Department of
Transportation, as prescribed.  The act provides that the computation
shall not include certain payments made by the department, if, upon
the request of the public entity that owns and operates the airport,
the department determines that the airport is not necessary to the
system of public airports in this state.
   This bill would require the department, when making this
determination, to consider various specified factors concerning the
airport.  The bill would make other technical, nonsubstantive
changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21687 of the Public Utilities Code is amended
to read:
   21687.  (a) (1) If an airport, for which payments have been made
from the Aeronautics Account, ceases to be open to the general public
for more than one year, the public entity to which those payments
were made shall pay to the state funds equal to the amount computed
by the department pursuant to paragraph (2), and those funds shall be
deposited in the Aeronautics Account.
   (2) (A) The department shall compute an amount equal to the total
of all payments made for the airport from the Aeronautics Account
during the preceding 20 years, less 5 percent of the amount of a
particular payment multiplied by the number of years since the
payment was made, or the unused balance, whichever is greater.
   (B) The computation described in subparagraph (A) shall not
include any payment the department made pursuant to Section 21682,
if, upon the request of the public entity that owns and operates the
airport, the department determines that the airport is not necessary
to the system of public airports in this state.  When making this
determination, the department shall consider all of the following
factors:
   (i) Whether the airport is approved for night operations.
   (ii) Whether the airport has an approved instrument approach
procedure.
   (iii) How many aircraft are based at the airport.
   (iv) Whether the airport is used for airborne fire attacks.
   (v) Whether the airport is used for emergency medical
transportation.
   (vi) What services the airport provides for the community.
   (vii) The size of the community that is served by the airport.
   (viii) Whether any aviation or transportation planning agency has
designated the airport as having a significant role.
   (ix) Whether a suitable, public-use airport is situated within a
reasonable distance.
   (x) Whether closure of the airport will have a negative effect on
other airports.
   (xi) Whether the airport is used for law enforcement purposes.
   (b) This section does not apply to either of the following:
   (1) An airport that is replaced by a comparable facility, as
determined by the department, within a period of one year.
   (2) An airport for which the department, on or after January 1,
1981, has suspended the airport permit and for which payments made
pursuant to this article are being expended to correct the deficiency
or condition that resulted in the suspension of the airport's
permit.