BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1141|
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VETO
Bill No: SB 1141
Author: Negrete McLeod (D)
Amended: 8/16/10
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
SENATE FLOOR : 25-10, 6/2/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa, Cox,
DeSaulnier, Ducheny, Florez, Hancock, Harman, Kehoe,
Leno, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley,
Price, Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Denham, Dutton, Hollingsworth,
Huff, Runner, Strickland, Walters, Wyland
NO VOTE RECORDED: Cogdill, Oropeza, Wiggins, Vacancy,
Vacancy
SENATE FLOOR : 21-13, 8/30/10 (Concurrence)
AYES: Alquist, Blakeslee, Calderon, Corbett, Correa,
DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Padilla, Price, Romero,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Denham, Dutton,
Emmerson, Harman, Hollingsworth, Huff, Runner,
Strickland, Walters, Wyland
CONTINUED
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NO VOTE RECORDED: Cedillo, Oropeza, Pavley, Simitian,
Wiggins, Vacancy
ASSEMBLY FLOOR : 50-25, 8/30/10 - See last page for vote
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.
Assembly Amendments are clarifying and minor.
ANALYSIS : State law requires every county that has an
airport with scheduled airline service or a general
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. Repeals the provisions that allow an elected official of
a local agency that owns an airport to qualify as a
person with expertise in aviation.
2. Requires that when local officials designate another
body to assume the planning duties instead of an ALUC,
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this body must be a countywide body.
3. Allows a city to assume an ALUC's duties for an airport
located within its boundaries if, before January 1,
2011, the county board of supervisors and the city
council agree that the city can provide proper land use
planning, and the airport:
A. Is certified by the Federal Aviation
Administration for meeting specified standards;
B. Has a noise compatibility program approved by
the Federal Aviation Administration; and,
C. Was owned and operated, prior to January 1,
2010, by an agency that is headquartered in another
county.
4. Requires a city council who meets the criteria listed
above in #3, subject to the review and approval by the
Division, to do all of the following:
A. Adopt processes for the preparation, adoption,
and amendment of the airport land use compatibility
plan for each airport that is served by a scheduled
airline or operated for the benefit of the general
public;
B. Adopt processes for the notification of the
general public, landowners, interested groups, and
other public agencies regarding the preparation,
adoption, and amendment of the airport land use
compatibility plans;
C. Adopt processes for the mediation of disputes
arising from the preparation, adoption, and
amendment of the airport land use compatibility
plans;
D. Adopt processes for the amendment of general
and specific plans to be consistent with the airport
land use compatibility plans; and,
E. Designate the agency that shall be responsible
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for the preparation, adoption, and amendment of each
airport land use compatibility plan.
5. Requires the Division to review and approve those
alternative planning processes.
6. Provides that if the city does not comply with the above
requirements by January 1, 2011, then the affected
airport is subject to the ALUC within 90 days of the
Division's determination of noncompliance.
7. Repeals Marin County's special override provision which
allows a city council or the county supervisors in Marin
County to override the Marin County ALUC by majority
vote, if the ALUC determines that a local general or
specific plan is not consistent the ALUC's plan.
8. Extends the existing liability immunity that applies to
publicly-owned airports to privately-owned public use
airports.
9. Adds a general or specific plan amendment that directly
affects the use of land within one mile of the boundary
of a public airport within the county to the list of
items an interested party, in any county in which there
is no ALUC or other body designated to assume the
responsibilities of an ALUC, or in which the ALUC or
other designated body has not adopted an airport land
use compatibility plan, may initiate proceedings in a
court of competent jurisdiction to postpone the
effective date of.
10.Defines "authorized alternative planning body" as an
entity that is authorized to adopt an airport land use
compatibility plan that is not an airport land use
commission, and includes each of the following:
A. An appropriately designated body countywide, so
designated by the board of supervisors and the city
selection committee of mayors in the county;
B. A city when undertaking planning pursuant to
the requirements set forth in comment # 3;
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C. A county, when the county has contracted with
the Division if the Division for the preparation of
an airport land use compatibility plan;
D. The county regional planning commission of the
County of Los Angeles as applicable; and,
E. The San Diego Regional Airport Authority as
applicable.
11.Specifies that an "authorized alternative planning body"
does not include a county or city that makes a
determination that proper airport land use compatibility
planning can be accomplished without the formation of an
ALUC.
12.Requires, when the Division determines that funding is
sufficient, it must inform counties that do not have an
operating ALUC or authorized alternative planning body
of the availability of funds for ALUC startup costs, and
may grant fund moneys for that purpose to counties that
apply for funding.
13.Provides that, upon the second anniversary of the
Division providing notice of the availability of startup
funds, a county owned or operated airport in a county
that does not have an operating ALUC or authorized
alternative planning body shall not be eligible for the
$10,000 funding credit from the Aeronautics Account in
the State Transportation Fund until that county
establishes an operating ALUC or authorized alternative
planning body.
14.Provides that, if an operating ALUC or authorized
alternative planning body is thereafter established in
that county, each county owned or operated airport in
that county shall be eligible for prospective funding
from the Aeronautics Account in the State Transportation
Fund and for not more than twenty thousand dollars
($20,000) of credited funds.
15.States that upon the second anniversary of the Division
providing notice of the availability of startup funds,
the Division shall not credit more than twenty thousand
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dollars ($20,000) to the individual revolving fund
subaccount of a county owned or operated airport in a
county that does not have an operating ALUC or
authorized alternative planning body.
16.States that, if an operating ALUC or authorized
alternative planning body is thereafter established in
that county, the Division shall prospectively resume
crediting of funds to the individual revolving fund
subaccount of each county owned or operated airport in
that county.
17.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
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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
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 8/30/10)
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 8/30/10)
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Cities of:
Chino
Highland
Upland
Watsonville
County of San Bernardino
ARGUMENTS IN SUPPORT : Supporters argue that existing law
allows ALUC functions to be administered inconsistently
throughout the state and in some counties not at all.
Supporters believe that this bill is an important step in
precluding and preventing incompatible land uses around
airports. This bill is seen as a tool that will help
reduce costly litigation between parties who disagree on
compatible land use designations.
ARGUMENTS IN OPPOSITION : Opponents believe that "SB
1141 is unnecessary, duplicative and seeks to modify an
extremely effective and proficient planning process which
is allowed under existing law?cities, counties,
constituents and airports have expended a great deal of
time and resources to ensure the current process represents
the interest of all the stakeholders. SB 1141 would negate
these efforts."
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 1141 without my signature.
SB 1141 makes public entities ineligible for State
Aeronautics Account money if they choose not to create
a countywide land use bureaucracy.
I am concerned that this bill is unnecessary and
subversive of local control over land use decisions.
Existing law provides local officials sufficient land
use tools to protect their airports from encroaching
development and to protect the public.
In effect, the bill fiscally punishes those local
governments who believe they can make good land use
decisions on their own accord without countywide
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airport land use commissions.
For these reasons I cannot sign this bill."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Coto, Davis, De La Torre, De Leon,
Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani,
Garrick, Gatto, Hall, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Skinner, Solorio, Swanson, Torlakson,
Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Gilmore,
Hagman, Harkey, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Norby, Silva, Smyth, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Carter, Jeffries, Torres, Vacancy,
Vacancy
AGB:nl 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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