BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1141|
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THIRD READING
Bill No: SB 1141
Author: Negrete McLeod (D)
Amended: 4/5/10
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 4-1, 4/7/10
AYES: Cox, Kehoe, DeSaulnier, Price
NOES: Aanestad
SENATE APPROPRIATIONS COMMITTEE : 6-4, 5/27/10
AYES: Kehoe, Alquist, Corbett, Price, Wolk, Yee
NOES: Denham, Leno, Walters, Wyland
NO VOTE RECORDED: Cox
SUBJECT : Airports: airport land use commissions
SOURCE : Aircraft Owners and Pilots Association
DIGEST : This bill (1) makes various changes to the
general statutory requirement that each county form an
airport land use commission (ALUC), (2) authorize the
Division of Aeronautics 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.
ANALYSIS : State law requires every county that has an
airport with scheduled airline service or a general
CONTINUED
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aviation airport to establish an ALUC. Each ALUC must
adopt an airport compatibility land use plan (ACLUP) for
every public use airport in the county. This plan contains
policies that protect airports from encroachment by
incompatible uses and protects areas adjacent to airports
from noise and safety hazards. Because of statutory
exemptions and alternative procedures, several counties do
not have ALUCs. Some counties allow cities to oversee
compatibility planning for the airports within their
jurisdictions.
This bill:
1.Specifies that if a county designates an existing body to
assume responsibilities of an ALUC, that body must be a
countywide body.
2.Repeals 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.
3.Allows a city to assume ALUC duties for an airport
located within its boundaries if specified conditions are
met by January 1, 2011.
4.Repeals the authority of Marin County to override an ALUC
finding of inconsistency with the ACLUP by a majority
vote.
5.Extends the existing liability immunity that applies to
publicly-owned airports to privately-owned public use
airports.
6.Authorizes Caltrans' Division of Aeronautics to establish
an Airport Land Use Commission Establishment Fund and
allocate money under its control to the Fund.
7.Requires 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.
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8.Prohibits 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.
9.Deletes obsolete provisions and make conforming changes.
This bill authorizes 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.
This bill prohibits 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.
Comments
As California's population increases, pressure mounts in
local communities to build on undeveloped land around
airports. Encroaching development near airports invites
noise and safety problems that can lead to political
pressure to restrict or even close the facilities. At the
same time, airport operators want to expand facilities and
operations because of the demand for air service and new
security requirements. Countywide ALUCs exist to balance
the competing interests of airports and their neighbors.
However, as a result of statutory exemptions and
alternative procedures, several counties disbanded their
ALUCs and shifted the planning duties to individual cities.
The absence of a countywide ALUC allows local economic
interests to outweigh the broader regional and statewide
interests in maintaining public airports. This bill
improves land use oversight around public use airports by
promoting the countywide review that the Legislature wanted
when it created ALUCs. Because most counties have kept
their ALUCs operating, they will see few changes because of
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this bill.
Prior Legislation
This bill is the third attempt in three years to restore
countywide ALUCs. The Senate Local Government Committee
passed the similar SB 737 (Negrete McLeod, 2009) by the
vote of 5-0, but the bill died in the Senate Appropriations
Committee. SB 737 was similar to SB 1118 (Negrete McLeod,
2008), which the Committee also passed 5-0; that bill
failed on the Assembly Floor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
ALUC grants cost
pressures in the range of $150 to use
Special*
use existing funds for ALUC grants
* Aeronautics Account in State Transportation Fund
SUPPORT : (Verified 5/28/10)
Aircraft Owners and Pilots Association (source)
Association of California Airports
California Pilots Association
Southwest Chapter of the American Association of Airport
Executives
California Transportation Commission
OPPOSITION : (Verified 5/28/10)
Marin county Council of Mayors and Councilmemembers
Cities of:
Chino
Highland
Upland
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Watsonville
County of San Bernardino
AGB:nl 6/1/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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