BILL ANALYSIS
AB 332
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Date of Hearing: May 21, 2003
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Darrell Steinberg, Chair
AB 332 (Mullin) - As Amended: May 7, 2003
Policy Committee: Local
GovernmentVote:9-0
Transportation 15-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires schools and community college districts to
comply with airport land use laws. In addition, this bill
requires cities and counties to notify their local airport land
use commission and Caltrans before overruling an airport
commission's comprehensive land use plan (CLUP), and to include
any comments from the commission or Caltrans in the public
record of any decision to overturn the commission.
FISCAL EFFECT
Minor state mandated costs, probably less than $100,000
annually, for city and county notification and public record
requirements. These costs are not reimbursable, as local
agencies have fee authority to offset these costs.
COMMENTS
1)Background . The State Aeronautics Act requires each county in
which there is an airport operated for the benefit of the
general public to establish an airport land use commission to
formulate a comprehensive land use plan (CLUP). The purpose
of the CLUP is to provide for the orderly growth of the
airport and the area surrounding the airport within the
jurisdiction of the commission, and to protect the inhabitants
within the vicinity of the airport and the public in general.
Cities and counties must conform their general plans to CLUP,
but may overrule a CLUP by a 2/3 vote. In 2000, special
districts were made subject to the CLUP (SB 1350, Senate Local
AB 332
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Government Committee, Chapter 506 of 2000). School districts
are not subject to the CLUP, but they are required to provide
written notice to Caltrans of a proposed property acquisition
if the property is located within two miles of an airport
runway.
2)Purpose . This bill requires schools and community college
districts to comply with the CLUP and related airport land use
laws. School districts and community college districts are
not subject to state planning laws that require general plans,
so they would not need to comply with the bill's notification
and public records requirements (they simply would be
restricted from improving or using their land in ways that
would be incompatible with their local CLUP). This bill also
establishes new notification and public record requirements
for cities and counties that wish to overturn a CLUP.
3)Fee Authority . AB 2936 (Aroner), Chapter 936 of 2002,
authorizes local agency zoning and permit fees to include
costs reasonably necessary to prepare and revise local agency
land use plans and policies.
Analysis Prepared by : Stephen Shea / APPR. / (916) 319-2081