BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AJR 33
                                                                  Page  1

          Date of Hearing:   April 12, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                 AJR 33 (Fuller) - As Introduced:  February 17, 2010
           
          SUBJECT  :  General Aviation

           SUMMARY  :  Memorializes the President and Congress of the United  
          States to recognize the vital role general aviation plays in the  
          economy, health, safety, and protection of the nation, and
          abstain from legislation and policies that impact this  
          industry's ability to continue to function effectively.   
          Further, the resolution makes findings and statements indicating  
          that:  

          1)General aviation in America supports more than 1.2 million  
            jobs, many of them in small and medium-sized businesses, and  
            generates $150 billion in economic activity.  Many of the  
            5,200 general aviation airports in the county are located  
            within businesses and communities that drive the economy.  

          2)Private aircraft help businesses create and maintain jobs and  
            are used by law enforcement, medical professionals, disaster  
            relief personnel, and others to reach people in need.  Private  
            aircraft have been mistakenly characterized as "toys for the  
            rich," rather than as vital tools that allow business to  
            operate and thrive.  

          3)Researchers use general aviation aircraft to gather data and  
            map terrain in efforts to help governments, businesses, and  
            nongovernmental organizations improve and protect the quality  
            of life.  

          4)The nation's agriculture industry uses general aviation to  
            provide worldwide food and clothing and its public utilities  
            use the aircraft to build and maintain infrastructure.  

          5)General aviation faces challenges from a federal budget  
            proposal that would impose costly new user fees and  
            dramatically increase taxes; and insufficient federal funding  
            imposes challenges on the ability of general aviation  
            operators to operate effectively.  

          6)General aviation faces increasing and onerous security  








                                                                  AJR 33
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            regulations; and land use urbanization pressures contribute to  
            reducing the number and availability of airports throughout  
            California and the United States.  

           EXISTING FEDERAL LAW  :  

          1)Establishes the Federal Aviation Administration (FAA) that  
            controls all of the nation's airspace, operates the air  
            traffic control system, develops and enforces certification  
            standards for all aircraft, pilots, flight crews and  
            mechanics, administers an ongoing aviation safety program,  
            develops standards for the construction of airports and  
            heliports, and inspects commercial service airports to ensure  
            compliance with FAA safety regulations.  

          2)Establishes the federal airport and airway trust fund (trust  
            fund) that is supported from a variety of sources including  
            7.5% surcharge on airline tickets (plus a segment fee), 6.25%  
            surcharge on air cargo, 19.3
 per gallon aviation gas, 18.3
  �            per gallon non-commercial jet fuel, and fees for international  
            arrivals and departures.  Commercial airlines pay 4.3
 per  �            gallon on jet fuel to the trust fund.  The trust fund provides  
            funding for commercial and general aviation airport grants,  
            operations, capital improvements, and research and  
            development.  

          3)Establishes the Department of Homeland Security and the  
            Transportation Security Administration to, among its other  
            charges, develop a "dynamic, threat-based aviation security  
            system covering all passengers traveling by air to the United  
            States while focusing security measures in a more effective  
            and efficient manner to ensure the safety and security of the  
            traveling public."  

           FISCAL EFFECT  :  None

           COMMENTS  :  General aviation is one of the two categories of  
          civil aviation.  It refers to all flights other than military  
          and scheduled airline and regular cargo flights, both private  
          and commercial.  Basically, general aviation includes both  
          non-scheduled commercial operations and private operations, with  
          aircraft of many different types and sizes, and pilots with a  
          variety of different training and experience levels.  General  
          aviation airports range from small rural facilities that have  
          only a few resident aircraft to large general aviation airports  








                                                                  AJR 33
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          that accommodate hundreds of corporate aircraft and thousands of  
          tons of cargo.  

          Of the more than 18,000 general aviation airports in the nation,  
          only 2,806 qualify for federal Airport Improvement Program  
          grants.  These grants are awarded by FAA and funded through the  
          trust fund.  The trust fund is supported primarily by revenues  
          from ticket and cargo surcharges as well as federal excise taxes  
          on aviation and jet fuels.  Portions of these revenues are  
          allocated to general aviation airports to fund their capital  
          improvement and safety projects.  

          Furthermore, the federal Department of Homeland Security and the  
          Transportation Security Administration are entrusted to protect  
          the nation from potential terrorist attacks and to develop a  
          "dynamic, threat-based aviation security system."

          The author's office contends that general aviation airports  
          serve the nation's needs through a variety of venues as  
          identified in the resolution's statements.  While recognizing  
          the value general aviation airports provide the nation, the  
          author's resolution requests the federal government "to abstain  
          from legislation and policies that impact this industry's  
          ability to continue to function effectively."  

           Committee concerns  :  The resolution contends that "general  
          aviation faces challenges from a federal budget proposal that  
          would impose costly new user fees and dramatically increase  
          taxes" while admitting that "insufficient funding of FAA  
          operations and airport and airspace infrastructure imposes  
          challenges on the ability of general aviation operators to  
          operate effectively."  Accordingly, in order to adequately fund,  
          build, and preserve the general aviation infrastructure, the  
          federal government should be able to explore all revenue  
          generating options, including the consideration of new user fees  
          or tax increases.  The resolution exerts pressure from the  
          Legislature to preclude the consideration of these options as  
          revenue sources, despite the measure's contention that current  
          funding for airport infrastructure is "insufficient."  

          Secondly, the resolution declares that "general aviation faces  
          increasing and onerous security regulations." (bold added as  
          emphasis)  The Department of Homeland Security and the  
          Transportation Security Administration are working to  
          "strengthen the safety and security of all  








                                                                  AJR 33
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          passengers-superseding the emergency measures put in place  
          immediately following the attempted terrorist attack on Dec. 25,  
          2009."  Currently, these two entities are working to strengthen  
          general aviation security to "further minimize the vulnerability  
          of general aviation aircraft flights being used to deliver  
          illicit materials, transport dangerous individuals or employ  
          aircraft as a weapon."  Accordingly, should the Legislature be  
          critical of the security regulations proposed or adopted by the  
          federal entities entrusted to protect its citizens, including  
          all Californians, and to characterize such regulations as  
          "onerous"?  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Association of California Airports
          California Pilots Association
          Mojave Chamber of Commerce
          Mojave Transportation Museum Foundation

           Opposition 
           
          None on file
           

          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093