BILL ANALYSIS
AB 332
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Date of Hearing: April 2, 2003
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Sim?n Salinas, Chair
AB 332 (Mullin) - As Amended: March 13, 2003
SUBJECT : Airports: land use commissions.
SUMMARY : Requires local agencies, including school districts,
to notify an airport land use commission (ALUC) and the
Department of Transportation (Caltrans) before overruling an
airport's comprehensive land use plan (CLUP). Specifically,
this bill :
1)Clarifies that special districts, school districts, and
community college districts are subject to airport land use
laws of the State Aeronautics Act.
2)States legislative intent to discourage incompatible land uses
near airports and to have local agencies utilize the land use
criteria established in the Airport Land Use Planning Handbook
and applicable federal regulations.
3)Requires a local agency, including a school district, to
provide notice to the local ALUC and Caltrans if the local
agency proposes to overrule a CLUP on the basis that the plan
is inconsistent with the specific or general plan of the local
agency.
4)Provides ALUC and Caltrans with the opportunity to comment on
the proposed overruling
of a CLUP, and requires that those comments be included as part
of the public record.
EXISTING LAW :
1)Requires school districts to provide written notice to
Caltrans of a proposed property acquisition if the property is
located within two miles of an airport runway.
2)Provides for the creation of ALUCs in counties where public
airports are located, and requires ALUCs to prepare CLUPs with
specified components regarding the projected growth of an
airport and surrounding areas over a 20-year period.
AB 332
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3)Requires cities, counties, and special districts, though not
school districts, to submit copies
of their general or specific plans to the ALUC for a review of
consistency with the CLUP.
4)Authorizes a local agency, in the event of its general or
specific plan being found to be inconsistent with the CLUP, to
overrule the CLUP after making specified findings, but does
not require the local agency to notify the ALUC or Caltrans if
it proposes to overrule a CLUP as inconsistent with its
general or specific plan.
FISCAL EFFECT : Unknown
COMMENTS :
1)Public airports of all sizes are a crucial part of the state's
economic and transportation infrastructure. They also require
that surrounding areas take into account special circumstances
in matters of noise, safety, building heights, and density.
Since 1967 cities and counties have been required, under the
State Aeronautics Act, to provide their general and special
plans to ALUCs and Caltrans for review of their compatibility
with the airports' land use plans. If the local plan is found
to be incompatible with the CLUP, it is the responsibility of
the local agency to overrule the CLUP by a two-thirds vote of
its governing body (except in Marin County).
2)In 2000 the law was amended to extend its land use provisions
to special districts. However, at present the law does not
extend to school districts. School districts have a unique
degree of autonomy from the land use authority of local
governments. They are currently required to notify Caltrans
if they acquire land within two miles of an airport runway.
3)AB 332 does not appear to do anything to limit or compromise
school districts' ability to acquire land or school site
facilities. Instead, it creates a level of consistency in
land use law between all types of local agencies that might
interact with an ALUC.
4)AB 332 also requires all local agencies to notify ALUCs and
Caltrans if they propose to overrule a CLUP on the basis of
inconsistency with a general or specific plan, and provides
ALUCs and Caltrans with the opportunity to comment on any such
AB 332
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proposed overruling. This provision creates an opportunity
for more consistency between the land use policies
of airports and surrounding jurisdictions. The hope of the
author and sponsor is that this
will promote greater safety and more effective land use in the
vicinity of airports.
REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco International Airport [SPONSOR]
League of CA Aviation Professionals
Port of Oakland
San Diego County Regional Airport Authority
Opposition
None on file
Analysis Prepared by : J. Stacey Sullivan / L. GOV. / (916)
319-3958