BILL NUMBER: AB 332 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2003
AMENDED IN ASSEMBLY MAY 7, 2003
AMENDED IN ASSEMBLY MARCH 13, 2003
INTRODUCED BY Assembly Member Mullin
FEBRUARY 7, 2003
An act to amend Sections 21670, 21674.7, 21676,
21676.5, 21677, and 21678 of the Public Utilities Code, relating to
airports.
LEGISLATIVE COUNSEL'S DIGEST
AB 332, as amended, Mullin. Airports: land use commissions.
The State Aeronautics Act governs the creation and operation of
airports in this state. Under the State Aeronautics Act, each county
in which there is an airport served by a scheduled airline and each
county with an airport operated for the benefit of the general
public, with certain exceptions, is required to establish an airport
land use commission, to designate a body to carry out the
responsibilities of a commission, or to contract with the Department
of Transportation to carry out the responsibilities of a commission.
The commission is required to formulate a comprehensive land use
compatibility plan to provide for the orderly growth of the airport
and the area surrounding the airport within the jurisdiction of the
commission, and safeguard the general welfare of the inhabitants
within the vicinity of the airport and the public in general. The
commission is required to submit a copy of the comprehensive land use
compatibility plan to the Division of Aeronautics of the department
and the division is required to notify the airport land use
commission of any omission in the plan of required matter.
Under the State Aeronautics Act, the general plan or special plans
of a local agency, including a city, county, or special district,
are required to be consistent with the airport land use compatibility
plan and each local agency whose general plan or plans includes
areas covered by an airport land use compatibility plan is required
to submit a copy of its plan, any amendment, any zoning ordinance,
and any building regulation, to the airport land use commission. If
the plan, amendment, zoning ordinance, or building regulation is
inconsistent with the airport land use compatibility plan, the
airport land use commission is required to notify the local agency
and the local agency is required to have a hearing to reconsider its
plan or action. A public agency owning any airport within the
boundaries of an airport land use compatibility plan may overrule an
airport land use commission's action or recommendation affecting an
airport within the jurisdiction of that public agency, after a
hearing, by a2/3 vote of its governing body, except the County of
Marin, which may overrule by a majority vote of its governing body,
and the making of specific findings that the proposed action is
consistent with the purposes of protecting public health, safety, and
welfare, minimizing the public's exposure to excessive noise, and
minimizing safety hazards within areas around the public airport.
This bill would declare the intent of the Legislature to
discourage incompatible land uses near airports and to clarify that
school districts and community college districts are also subject to
a comprehensive land use compatibility plan. The bill would provide
that a local or public agency may propose to overrule an airport land
use commission's action or recommendation affecting an airport
within the jurisdiction of that public agency after a hearing, by
a2/3 vote of its governing body, except the County of Marin, which
may overrule by a majority vote of its governing body, if it makes
specific findings that the proposed action is consistent with the
purposes of protecting public health, safety, and welfare, minimizing
the public's exposure to excessive noise, and minimizing safety
hazards within areas around the public airport. The local or public
agency governing body would be required to notify the division and
the commission of the proposed overruling, providing the specific
findings for their review and comment, 30 days prior to a final
hearing and decision on whether to overrule the commission. The
local agency or public would be required to include comments from the
department and commission in the public record of any final decision
to overrule the commission.
By requiring local agency governing boards to provide notice to
the division and commission and incorporate department and commission
comments in the public record, the bill would impose a
state-mandated local program.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21670 of the Public Utilities Code is amended
to read:
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly
development of each public use airport in this state and the area
surrounding these airports so as to promote the overall goals and
objectives of the California airport noise standards adopted pursuant
to Section 21669 and to prevent the creation of new noise and safety
problems.
(2) It is the purpose of this article to protect public health,
safety, and welfare by ensuring the orderly expansion of airports and
the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around
public airports to the extent that these areas are not already
devoted to incompatible uses.
(b) In order to achieve the purposes of this article, every county
in which there is located an airport which is served by a scheduled
airline shall establish an airport land use commission. Every
county, in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general
public, shall establish an airport land use commission, except that
the board of supervisors of the county may, after consultation with
the appropriate airport operators and affected local entities and
after a public hearing, adopt a resolution finding that there are no
noise, public safety, or land use issues affecting any airport in the
county which require the creation of a commission and declaring the
county exempt from that requirement. The board shall, in this event,
transmit a copy of the resolution to the Director of Transportation.
For purposes of this section, "commission" means an airport land
use commission. Each commission shall consist of seven members to be
selected as follows:
(1) Two representing the cities in the county, appointed by a city
selection committee comprised of the mayors of all the cities within
that county, except that if there are any cities contiguous or
adjacent to the qualifying airport, at least one representative shall
be appointed therefrom. If there are no cities within a county, the
number of representatives provided for by paragraphs (2) and (3)
shall each be increased by one.
(2) Two representing the county, appointed by the board of
supervisors.
(3) Two having expertise in aviation, appointed by a selection
committee comprised of the managers of all of the public airports
within that county.
(4) One representing the general public, appointed by the other
six members of the commission.
(c) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their terms
of public office.
(d) Each member shall promptly appoint a single proxy to represent
him or her in commission affairs and to vote on all matters when the
member is not in attendance. The proxy shall be designated in a
signed written instrument which shall be kept on file at the
commission offices, and the proxy shall serve at the pleasure of the
appointing member. A vacancy in the office of proxy shall be filled
promptly by appointment of a new proxy.
(e) A person having an "expertise in aviation" means a person who,
by way of education, training, business, experience, vocation, or
avocation has acquired and possesses particular knowledge of, and
familiarity with, the function, operation, and role of airports, or
is an elected official of a local agency which owns or operates an
airport.
(f) It is the intent of the Legislature to clarify that, for the
purposes of this article, that special districts, school districts,
and community college districts are included among the local agencies
that are subject to airport land use laws and other requirements of
this article.
(g) It is the intent of the Legislature to discourage incompatible
land uses near existing airports. Therefore, prior to granting
permits for the renovation or remodeling of an existing public
building, structure, or facility, and before the construction of a
new public building, it is the intent of the Legislature that local
agencies utilize the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
SEC. 2. Section 21674.7 of the Public Utilities Code is
amended to read:
21674.7. (a) An airport land use commission that
formulates, adopts, or amends an airport land use compatibility plan
shall be guided by information prepared and updated pursuant to
Section 21674.5 and referred to as the Airport Land Use Planning
Handbook published by the Division of Aeronautics of the Department
of Transportation.
(b) It is the intent of the Legislature to discourage incompatible
land uses near existing airports. Therefore, prior to granting
permits for the renovation or remodeling of an existing public
building, structure, or facility, and before the construction of a
new public building, it is the intent of the Legislature that local
agencies shall be guided by the height, use, noise, safety, and
density criteria that are compatible with airport operations, as
established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable
federal aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations, to the extent that the criteria has been incorporated
into the plan prepared by a commission pursuant to Section 21675.
This subdivision does not limit the jurisdiction of a commission as
established by this article. This subdivision does not limit the
authority of local agencies to overrule commission actions or
recommendations pursuant to Sections 21676, 21676.5, or 21677.
SEC. 3. Section 21676 of the Public Utilities Code is
amended to read:
21676. (a) Each local agency whose general plan includes areas
covered by an airport land use compatibility plan shall, by July 1,
1983, submit a copy of its plan or specific plans to the airport land
use commission. The commission shall determine by August 31, 1983,
whether the plan or plans are consistent or inconsistent with the
airport land use compatibility plan. If the plan or plans are
inconsistent with the airport land use compatibility plan, the local
agency shall be notified and that local agency shall have another
hearing to reconsider its airport land use compatibility plans. The
local agency may propose to overrule the commission after the hearing
by a two-thirds vote of its governing body if it makes specific
findings that the proposed action is consistent with the purposes of
this article stated in Section 21670. The local agency governing
body shall notify the Division of Aeronautics of the Department of
Transportation and the commission of the proposed overruling,
providing the specific findings for their review and comment, 30 days
prior to a final hearing and decision on whether to overrule the
commission. The local agency shall include comments from the
department and commission in the public record of any final decision
to overrule the commission, which may only be adopted by a two-thirds
vote of the governing body.
(b) Prior to the amendment of a general plan or specific plan, or
the adoption or approval of a zoning ordinance or building regulation
within the planning boundary established by the airport land use
commission pursuant to Section 21675, the local agency shall first
refer the proposed action to the commission. If the commission
determines that the proposed action is inconsistent with the
commission's plan, the referring agency shall be notified. The local
agency may, after a public hearing, propose to overrule the
commission by a two-thirds vote of its governing body if it makes
specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670. The local agency
governing body shall notify the Division of Aeronautics of the
Department of Transportation and the commission of the proposed
overruling, providing the specific findings for their review and
comment, 30 days prior to a final hearing and decision on whether to
overrule the commission. The local agency shall include comments
from the department and commission in the public record of any final
decision to overrule the commission, which may only be adopted by a
two-thirds vote of the governing body.
(c) Each public agency owning any airport within the boundaries of
an airport land use compatibility plan shall, prior to modification
of its airport master plan, refer any proposed change to the airport
land use commission. If the commission determines that the proposed
action is inconsistent with the commission's plan, the referring
agency shall be notified. The public agency may, after a public
hearing, propose to overrule the commission by a two-thirds vote of
its governing body if it makes specific findings that the proposed
action is consistent with the purposes of this article stated in
Section 21670. The public agency governing body shall notify the
Division of Aeronautics of the Department of Transportation and the
commission of the proposed overruling, providing the specific
findings for their review and comment, 30 days prior to a final
hearing and decision on whether to overrule the commission. The
public agency shall include comments from the department and
commission in the public record of any final decision to overrule the
commission, which may only be adopted by a two-thirds vote of the
governing body.
(d) Each commission determination pursuant to subdivision (b) or
(c) shall be made within 60 days from the date of referral of the
proposed action. If a commission fails to make the determination
within that period, the proposed action shall be deemed consistent
with the airport land use compatibility plan.
SEC. 3.
SEC. 4. Section 21676.5 of the Public Utilities Code is
amended to read:
21676.5. (a) If the commission finds that a local agency has not
revised its general plan or specific plan or overruled the commission
by a two-thirds vote of its governing body after making specific
findings that the proposed action is consistent with the purposes of
this article as stated in Section 21670, the commission may require
that the local agency submit all subsequent actions, regulations, and
permits to the commission for review until its general plan or
specific plan is revised or the specific findings are made. If, in
the determination of the commission, an action, regulation, or permit
of the local agency is inconsistent with the airport land use
compatibility plan, the local agency shall be notified and that local
agency shall hold a hearing to reconsider its plan. The local
agency may propose to overrule the commission after the hearing by a
two-thirds vote of its governing body if it makes specific findings
that the proposed action is consistent with the purposes of this
article as stated in Section 21670. The local agency governing body
shall notify the Division of Aeronautics of the Department of
Transportation and the commission of the proposed overruling,
providing the specific findings for their review and comment, 30 days
prior to a final hearing and decision on whether to overrule the
commission. The local agency shall include comments from the
department and commission in the public record of any final decision
to overrule the commission, which may only be adopted by a two-thirds
vote of the governing body.
(b) Whenever the local agency has revised its general plan or
specific plan or has overruled the commission pursuant to subdivision
(a), the proposed action of the local agency shall not be subject to
further commission review, unless the commission and the local
agency agree that individual projects shall be reviewed by the
commission.
SEC. 4.
SEC. 5. Section 21677 of the Public Utilities Code is
amended to read:
21677. Notwithstanding Section 21676, any public agency in the
County of Marin may overrule the Marin County Airport Land Use
Commission by a majority vote of its governing body. The County of
Marin governing body shall notify the Division of Aeronautics of the
Department of Transportation and the commission of the proposed
overruling, providing the specific findings for their review and
comment, 30 days prior to a final hearing and decision on whether to
overrule the commission. The County of Marin shall include comments
from the department and commission in the public record of any final
decision to overrule the commission.
SEC. 5.
SEC. 6. Section 21678 of the Public Utilities Code is
amended to read:
21678. With respect to a publicly owned airport that a public
agency does not operate, if the public agency pursuant to Section
21676 or 21676.5 , 21676.5, or 21677
overrules a commission's action or recommendation, the operator of
the airport shall be immune from liability for damages to property or
personal injury caused by or resulting directly or indirectly from
the public agency's decision to overrule the commission's action or
recommendation.
SEC. 6.
SEC. 7. Notwithstanding Section 17610 of the Government
Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.