BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 332|
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THIRD READING
Bill No: AB 332
Author: Mullin (D)
Amended: 7/8/03 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 7-0, 7/2/03
AYES: Torlakson, Ackerman, Hollingsworth, Machado,
Margett, Perata, Soto
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/18/03
AYES: Alpert, Battin, Escutia, Karnette, Machado,
Poochigian, Speier
NO VOTE RECORDED: Aanestad, Ashburn, Bowen, Burton,
Johnson, Speier
ASSEMBLY FLOOR : 79-0, 6/2/03 - See last page for vote
SUBJECT : Airports: land use commissions
SOURCE : San Francisco International Airport
DIGEST : This bill 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.
ANALYSIS : A county that has an airport with scheduled
airline service or a general aviation airport must have an
airport land use commission (ALUC). The ALUC must adopt an
CONTINUED
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airport land use compatibility plan for every public use
airport in that county to protect airports from
encroachment by incompatible uses and to protect areas
adjacent to airports from noise and safety hazards. Cities
and counties must amend their general plans to conform to
the ALUC's airport land use compatibility plans.
This bill:
1. Declares the intent of the Legislature to discourage
incompatible land uses near airports and to clarify that
school districts and community college districts are
also subject to a comprehensive land use compatibility
plan.
2. Provides that a local or public agency may propose to
overrule an airport land use commission's action or
recommendation affecting an airport within the
jurisdiction of that public agency after a hearing, by a
2/3 vote of its governing body, except the County of
Marin, which may overrule by a majority vote of its
governing body, if it makes specific findings that the
proposed actions consistent with the purposes of
protecting public health, safety, and welfare,
minimizing the public's exposure to excessive noise, and
minimizing safety hazards within areas around the public
airport.
3. Requires the local or public agency governing body to
provide the airport land use commission and the division
with the proposed decision and findings at least 45 days
prior to the decision to overrule the commission and
would authorize the commission or the division to make
advisory comments within 30 days of receiving the
proposed decision and findings.
4. Requires that the advisory comments from the commission
or division be included in the final record of any final
decision to overrule the commission.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to Senate Appropriations Committee:
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Fiscal Impact (in thousands)
Major Provisions 2003-04 2004-05 2005-06 Fund
Notice requirements annual costs of less than
$100k General/
local
Senate Appropriations staff note 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 five 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.
SUPPORT : (Verified 8/19/03)
San Francisco International Airport (source)
Aircraft Owners and Pilots Association
California Aviation Business Association
Cities of San Diego and Santa Barbara
City/County Association of Governments
County of Sacramento
League of California Aviation Professionals
Metropolitan Transportation Commission
Port of Oakland
San Diego County Regional Airport Authority
Ventura County Transportation Commission
OPPOSITION : (Verified 6/28/03) (unable to re-verify at
time of writing)
City of Burbank
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City of Claremont
ARGUMENTS IN SUPPORT : According to Senate Local
Government Committee analysis, California has a statewide
interest in protecting its public airports from
encroachment by incompatible uses and protecting adjacent
areas from airport hazards. If local officials allow homes
near airports, they invite political pressure to restrict
or even close the facilities. Worse, they invite safety
problems if aircraft crash into neighborhoods. The state
government has both substantive and fiscal interests
because airports are part of the statewide transportation
system and because state and federal money funds them. To
protect the state's interest in maintaining airports, this
bill requires public officials to tell Caltrans and ALUCs
before they try to overrule the locally-adopted airport
land use compatibility plans. Procedural transparency
protects the wider public interest.
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn,
Corbett, Correa, Cox, Daucher, Diaz, Dutra, Dutton,
Dymally, Firebaugh, Frommer, Garcia, Goldberg, Hancock,
Harman, Haynes, Jerome Horton, Shirley Horton, Houston,
Jackson, Keene, Kehoe, Koretz, La Malfa, La Suer, Laird,
Leno, Leslie, Levine, Lieber, Liu, Longville, Lowenthal,
Maddox, Maldonado, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nakano, Nation, Negrete
McLeod, Nunez, Oropeza, Pacheco, Parra, Pavley, Plescia,
Reyes, Richman, Ridley-Thomas, Runner, Salinas,
Samuelian, Simitian, Spitzer, Steinberg, Strickland,
Vargas, Wiggins, Wolk, Wyland, Yee, Wesson
LB:sl 8/19/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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