BILL ANALYSIS
AB 332
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Date of Hearing: April 28, 2003
ASSEMBLY COMMITTEE ON TRANSPORTATION
John Dutra, Chair
AB 332 (Mullin) - As Amended: March 13, 2003
SUBJECT : Airports: land use planning.
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 is 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.
3)Requires cities, counties, and special districts, though not
AB 332
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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 : 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).
In the year 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.
This bill 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.
This bill 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
proposed overruling. This provision creates an opportunity for
more consistency between the land use policies of airports and
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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.
Double refferal : This measure was also heard by the Assembly
Local Government Committee.
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 received
Analysis Prepared by : Andrew Antwih / TRANS. / (916) 319-2093