BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1141 (Negrete McLeod)
Hearing Date: 05/03/2010 Amended: 04/05/2010
Consultant: Mark McKenzie Policy Vote: L Gov 4-1
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BILL SUMMARY: SB 1141 would: (1) make various changes to the
general statutory requirement that each county form an airport
land use commission (ALUC); (2) authorize the Division of
Aeronautics (Division) at Caltrans to establish a fund to
provide grants to counties for the establishment of an ALUC; and
(3) prohibit airports in counties that have not established an
ALUC from receiving state Aeronautics Account funds if an ALUC
has not been established in that county, as specified.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Administer grant program Staff costs of about $50 in a
fiscal year Special*
once the division identifies sufficient
funds
ALUC grants unknown, potentially significant cost
Special**
pressures to use existing funds for ALUC
grants
____________
* Aeronautics Account in State Transportation Fund
** Airport Land Use Commission Establishment Fund (comprised of
transfers of federal funds and Aeronautics Account funds under
the control of the Division of Aeronautics)
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
The State Aeronautics Act requires each county in which an
airport is located to establish an ALUC to formulate a
comprehensive land use compatibility plan (CLUCP), which
provides for the orderly growth of the airport and the area
surrounding the airport, and for the general protection of the
inhabitants within an airport's vicinity. ALUCs review
amendments to local agencies' general plans to ensure
consistency with the CLUCP. Local agencies can overrule an ALUC
finding of inconsistency with a 2/3 vote of its governing body,
but public agencies in Marin County can overrule such a finding
with a majority vote. Existing law provides for specified
exceptions to requirements for the establishment of an ALUC.
For example, a board of supervisors may exempt its county if it
establishes, through a public hearing process, that there are no
noise, public safety, or land use issues affecting any airport
in the county. Current law also allows the board of supervisors
and the city selection committee of mayors to designate an
alternative local body for airport related land use planning,
which may then perform requirements assigned to ALUCs. Counties
that have contracted with the Caltrans' Division of Aeronautics
are also exempt from forming and ALUC, as are cities satisfying
other specific criteria.
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SB 1141 (Negrete McLeod)
SB 1141 would:
Specify that if a county designates an existing body to assume
responsibilities of an ALUC, that body must be a countywide
body.
Repeal language allowing an elected official of a city or
county that owns an airport to qualify as a "person with
expertise in aviation" for purposes of ALUC membership.
Allow a city to assume ALUC duties for an airport located
within its boundaries if specified conditions are met by
January 1, 2011.
Repeal the authority of Marin County to override an ALUC
finding of inconsistency with the CLUCP by a majority vote.
Extend the existing liability immunity that applies to
publicly-owned airports to privately-owned public use
airports.
Authorize Caltrans' Division of Aeronautics to establish an
Airport Land Use Commission Establishment Fund and allocate
money under its control to the Fund.
Require the Division to notify counties that have not formed
an ALUC that money is available for ALUC startup costs, and
allow the Division to award grants for that purpose. A county
that accepted a grant would be required to establish an ALUC
or designate an appropriate countywide body for that purpose
within 12 months.
Prohibit the Division from allocating Aeronautics Account
funds to any public entity within a county that has not
established an ALUC or established an alternative planning
body. This prohibition would only apply after the Division
notifies counties that funding is available for ALUC startup
costs, as specified.
Delete obsolete provisions and make conforming changes.
Staff notes that SB 737 (Negrete McLeod), which was held on this
Committee's Suspense File last year, contained provisions that
would require the nine counties that were not using ALUCs to
change how land use planning and regulation occurs near airports
by eliminating and limiting exemptions from requirements for
counties to establish an ALUC. To the extent SB 737 would have
required the nine affected counties to incur costs related to
the establishment or re-establishment of an ALUC, the bill would
have imposed a reimbursable state-mandated local program. SB
1141 does not explicitly require these counties to establish an
ALUC, but would instead prohibit the airports within those
counties from receiving any assistance from the Aeronautics
Account if the Division of Aeronautics notified the counties
that funds were available to pay for their ALUC startup costs,
and those counties failed to establish an ALUC.
The Division administers three state aid programs for airports.
The sole funding source for these grants is excise tax revenues
on general aviation gasoline and jet fuel that are annually
deposited into the Aeronautics Account.
The Airport Improvement Program (AIP) provides funds to assist
general aviation airports in meeting the local match for
federal AIP grants related to capital projects.
The Annual Credit Program provides a $10,000 per year
entitlement to eligible publicly-owned, public-use airports
for discretionary expenditures.
Acquisition and Development (A&D) grants are for eligible
projects subject to programming and allocation by the CTC. An
ALUC can receive A&D funding to either prepare or update a
comprehensive land use plan.
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SB 1141 (Negrete McLeod)
Staff notes that the 2009-10 Budget Act transferred $4,000,000
from the Aeronautics Account to the General Fund. As a result,
the Division was forced to suspend AIP grants and Annual Credit
grants for the current fiscal year. The Governor's proposed
budget would fully fund these local assistance programs.
SB 1141 would authorize the Division to establish an Airport
Land Use Commission Establishment Fund and allocate money under
its control to the Fund for use as grants to counties that have
not established an ALUC or alternative planning process. Staff
notes that by establishing a new use for a finite amount funds
that are dedicated for other purposes, this bill would create
cost pressures of an unknown, but potentially significant
magnitude. The bill would require the Division to determine
when sufficient funding is available to provide these grants to
counties, but does not provide any guidance for the Division to
make such a determination. Staff assumes that the Division
would need to seek input from counties, airports, and other
interested entities on what might be a realistic grant amount
for the establishment of an ALUC. Depending on the amount that
is required for ALUC startup costs, it could take a number of
years before sufficient funding is available from existing
resources that might be appropriate for this purpose. The
Division would also develop guidelines and criteria for the
administration of the grant program. Caltrans indicates that it
would require approximately PY to administer the program, once
sufficient funding is identified.
SB 1141 would prohibit the Division from allocating Aeronautics
Account funds to any public entity within a county that has not
established an ALUC or established an alternative planning body.
This prohibition would only apply after the Division notifies
counties that funding is available for ALUC startup costs, as
specified. Staff notes that while this might serve as an
incentive to counties that have not established an ALUC, it
would exacerbate the negative impact on the 47 airports that are
located in counties that have not conducted sufficient land use
planning around airports. Withholding funding from airports
seems contrary to the Division's mission of promoting and
maintaining aviation safety.