BILL ANALYSIS
Appropriations Committee Fiscal Summary
332 (Mullin)
Hearing Date: 8/18/03 Amended: 7/8/03
Consultant: Anne Maitland Policy Vote: Local
Govt: 7-0
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BILL SUMMARY:
AB 332 requires a local agency which overrides a decision
made by an airport land use commission to provide notice of
its proposed decision to the commission and Caltrans and to
include in its published decision responses by the airport
land use commission and Caltrans
Fiscal Impact (in thousands)
Major Provisions 2003-04 2004-05 2005-06
Fund
Notice requirements annual costs of less than $100k
General/local
STAFF COMMENTS:
Current law requires that an airport land use commission
(ALUC) be formed in every county in which an airport is
located. The ALUC must adopt a land use compatibility
plan. If a local agency wants to amend its general plan
for an area covered by the ALUC's planning area, then it
must refer the proposed amendment to ALUC for review. If
the ALUC determines that the proposal is inconsistent with
the airport land use compatibility plan, the local agency
can overrule the ALUC finding with a 2/3rds vote of its
board. (The County of Marin may overrule ALUC with a
majority vote of its board.)
This bill requires a local agency which proposes to
overrule an ALUC decision of incompatible use to notify
both the local ALUC and the Division of Aeronautics at
Caltrans of the proposed change 45 days before the final
decision. The ALUC and Division of Aeronautics have 30
days to respond; these responses must be included in the
final decision made by the local agency.
This bill also makes school and community college districts
subject to the ALUC review process.
Staff notes that this bill creates a new mandate. There
are over $1 billion in unpaid mandate claims at the
Controller's Office and an additional $400 million of newly
identified mandate claims. Ongoing annual mandate claims
are estimated at over $500 million. The recently enacted
budget defers or suspends most local government mandates.
Costs for some portion of this mandate may be recovered by
the fees cities and counties charge developers. Based on
information provided by Caltrans, it appears that conflicts
between an ALUC and a local agency's development proposals
are fairly rare - less than 5 a year. As a result, it is
likely that costs mandated by this bill for sending notices
and incorporating responses will be less that $100,000
annually.