BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1333 (Yee)
Hearing Date: 05/10/2010 Amended: 04/26/2010
Consultant: Mark McKenzie Policy Vote: L.Gov. 5-0
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BILL SUMMARY: SB 1333 would require an airport to acquire an
avigation easement prior to the issuance of a building permit
that allows for construction of a residential project within the
airport's 65 decibel (dB) or higher noise boundary, as
specified. The easement may be immediately recorded and must
include a termination clause if the project is cancelled or the
building permit is revoked or expires. The bill would also
require the local government that issued the permit to notify
the airport within 30 days of a permit's expiration, and the
airport would be required to record a notice of termination of
the easement with the county recorder within 90 days of the
notification.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Recording mandate potential reimbursable mandate
costsGeneral
------see staff comments------
Easement termination notice likely minor, potentially
reimbursable costs General
------see staff comments------
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STAFF COMMENTS:
An avigation easement typically provides a right-of-way for free
and unobstructed passage of aircraft through the airspace over a
property, and provides a right to subject the property to noise,
vibrations, fumes, dust, and fuel particle emissions associated
with normal airport activity. An avigation easement also places
certain restrictions on the subject property, such as
prohibitions against structures that would enter the easement
airspace, and provides a right of entry for certain purposes.
California airport noise regulations establish the standard for
acceptable levels of noise in the vicinity of airports to be a
"community noise equivalent level" (CNEL) of 65 dB. Development
of residential and certain other uses within an airport's 65 dB
CNEL contour area are deemed to be an incompatible unless the
airport obtains an avigation easement. Typically, avigation
easements are granted at the time of occupancy by a new owner,
rather than when development is approved for a property.
SB 1333 would require avigation easements to be acquired by an
airport prior to the issuance of a building permit for a
"noise-sensitive project," if a local government conditions the
approval of the project on the granting of an avigation easement
to the airport.
The bill requires a local government that issues a building
permit for a noise-sensitive project to notify an airport owner
or operator of the expiration or revocation of an avigation
easement, as specified. By requiring this notice, SB 1333
imposes a state-
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SB 1333 (Yee)
mandated local program by requiring a higher level of service.
Staff notes, however, that costs would likely be minor and local
governments may be able to adjust permit fees to cover this
additional burden. Mandated costs that can be covered by fees
are not reimbursable.
The bill would also authorize an airport owner or operator to
immediately record an avigation easement upon receipt, and would
require the airport to record a notice of termination of the
easement with the county recorder within 90 days of receiving a
notice of the permit's expiration or revocation from the local
agency that issued the building permit. By imposing the
additional recording burden on county recorders, this bill would
impose a state-mandated local program. County recorders can
generally charge fees for recording easements or other property
instruments, but cannot charge fees to other governmental
entities. In the case of an airport owned or operated by a
county, city, district, or other political subdivision, the
county recorder could be precluded from charging a fee to record
or terminate an avigation easement. Staff recommends an
amendment to explicitly authorize the county recorder to charge
a fee sufficient to cover its recordation costs imposed by this
bill. Specifically, on page 4, after line 8, insert the
following:
(e) Notwithstanding Sections 6103 and 27383 of the
Government Code, in filing any instrument, paper, or notice
pursuant to this section, the owner or operator of an
airport shall pay all applicable recording fees prescribed
by law.