BILL ANALYSIS
AB 332
Page 1
ASSEMBLY THIRD READING
AB 332 (Mullin)
As Amended May 7, 2003
Majority vote
LOCAL GOVERNMENT 9-0 TRANSPORTATION 15-0
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|Ayes:|Salinas, Lieber, Daucher, |Ayes:|Dutra, Houston, Benoit, |
| |Garcia, | |Chan, Chu, |
| |La Suer, Leno, Mullin, | | Kehoe, Liu, Longville, |
| |Steinberg, Wiggins | |Nakano, Oropeza, |
| | | |Parra, Pavley, Salinas, |
| | | |Simitian, Spitzer |
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APPROPRIATIONS 25-0
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|Ayes:|Steinberg, Bates, Berg, | | |
| |Calderon, Lowenthal, | | |
| |Laird, Daucher, Diaz, | | |
| |Firebaugh, Goldberg, | | |
| |Haynes, Leno, Maldonado, | | |
| |Nation, | | |
| |Negrete McLeod, Nunez, | | |
| |Pacheco, Pavley, | | |
| |Ridley-Thomas, Runner, | | |
| |Samuelian, Simitian, | | |
| |Wiggins, Yee, Chu | | |
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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 (SAA).
2)States legislative intent to discourage incompatible land uses
near existing airports and to have local agencies utilize the
land use criteria established in the Airport Land Use Planning
AB 332
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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
school districts, to submit copies
of their general or specific plans to ALUC for a review of
consistency with CLUP.
4)Authorizes a local agency, in the event of its general or
specific plan being found to be inconsistent with CLUP, to
overrule CLUP after making specified findings, but does not
require the local agency to notify ALUC or Caltrans if it
proposes to overrule a CLUP as inconsistent with its general
or specific plan.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor state-mandated costs, probably less than
$100,000 annually, for city and county notification and public
records requirements. These costs are not reimbursable, as
local agencies have fee authority to offset these costs.
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
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circumstances in matters of noise, safety, building heights, and
density. Since 1967 cities and counties have been required,
under the SAA, 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 CLUP, it is the responsibility of the local
agency to overrule CLUP by a two-thirds vote of its governing
body (except in Marin County).
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.
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
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.
Analysis Prepared by : J. Stacey Sullivan / L. GOV. / (916)
319-3958
FN: 0001493