BILL ANALYSIS �
AJR 25
Page 1
Date of Hearing: March 19, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AJR 25 (Feuer) - As Amended: March 14, 2012
SUBJECT : Los Angeles helicopter noise relief federal act
SUMMARY : Memorializes Congress to enact and the President to
sign the Los Angeles Residential Helicopter Noise Relief Act of
2011. Specifically, this resolution :
1)Makes various findings and declarations including:
a) The absence of effective regulations for commercial
helicopter operations in the County of Los Angeles (County)
negatively impacts the safety and quality of life of the
county's residents;
b) California is preempted by federal law from adopting
altitude, flight path, and other necessary regulations to
mitigate the impacts of commercial helicopters;
c) There is a lack of clarity as to the rulemaking
authority of the Federal Aviation Administration (FAA);
and,
d) Two companion measures in Congress, S. 2019, and H.R.
2677, known as the Los Angeles Residential Helicopter Noise
Relief Act of 2011, would require the Administrator of the
FAA to prescribe regulations for helicopter operations in
the County, which are needed to address residents' concerns
over safety, noise, and other associated impacts;
therefore.
1)Expresses that the California Legislature supports the
separate federal bills, S. 2019 and H.R. 2677.
2)Memorializes the Congress of the United States to promptly
pass and President Barack Obama to sign both bills.
EXISTING LAW :
1)Under federal law, confers primary jurisdiction over all
aspects of air travel in the United States to the FAA,
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including the provision of general guidance for noise control
and compatibility planning for airports as well as specific
guidance for preparation of airport noise exposure maps and
airport noise compatibility programs by airport operators.
2)Under state law, authorizes, to the extent permitted by
federal law, local governments to regulate the operations of
airports within their jurisdictions. Requires the adoption of
an Airport Land Use Compatibility Plan for public use
airports.
FISCAL EFFECT : Unknown
COMMENTS : This bill represents an ongoing local issue
concerning aviation noise disputes between operators and
neighborhood residents. On August 9, 2011, the Beachwood Canyon
Neighborhood Association (BCNA) submitted a request to FAA to
adopt a Special Federal Aviation Regulation (SFAR) to limit
helicopter and non-emergency fixed wing traffic to above 2,000
feet above ground level over the Mount Lee/Hollywood/Griffith
Park area within Los Angeles County. The BCNA indicates that
their neighborhood has been plagued with low flying helicopters.
According to the BCNA, the iconic "Hollywood" sign located on
Mount Lee in the Santa Monica Mountains attracts on the average
10 tourist flights per day making it difficult for residents to
enjoy their homes. Further, they contend that outdoor
performances at the Hollywood Bowl are disrupted and stopped
until the noise subsides.
In response to the local BCNA's request for a Special Federal
Aviation Regulation, the FAA indicated in a letter dated January
6, 2012, that resources are not available to proceed with the
request. FAA further contended that "imposing flight
restrictions in any portion of that airspace would require a
strong justification and extensive safety assessments, as this
action could prove to have significant safety and economic
impacts. Also, forcing flights out of this area could cause
similar problems to other neighborhoods? The FAA believes most
noise issues can be best resolved the local levels and that they
are mandated to pursue non-regulatory solutions before
initiating rulemaking actions."
As a result of this letter from the FAA, the author felt
"troubled by the initial response from the FAA" and indicated to
them that "this is a longstanding issue and the current lack of
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sufficient regulations poses a public safety risk, negatively
affects the residential community, and diminishes the enjoyment
of cultural facilities for residents and visitors. The matter
of helicopter noise and safety is a countywide problem in Los
Angeles and regulatory action is needed? The degree of support
for this legislation, from the county, other elected local
officials, and community and neighborhood associations,
illustrates the depth of concern and widespread support for FAA
action."
To seek resolution of this federal matter, two congressional
measures have been introduced, S.2019 and H.R.2677, that require
FAA to promulgate rules for commercial helicopter noise
regulations in the County of Los Angeles. The bills would
require FAA to issue, within 12 months of the bills' enactments,
requirements relating to the flight paths and altitudes to
reduce the helicopter noise pollution in residential areas.
Separately, the Los Angeles International Airport (LAX)
Community Noise Roundtable (Roundtable), formed to reduce and
mitigate the adverse noise impacts that the users of LAX create
on the surrounding communities and their environment, also
recommended passage of the two federal bills. �It should be
noted that the Roundtable letter indicates that the position
taken reflects a majority of the Roundtable membership,
including local elected officials, representatives of
congressional offices, and neighborhood organizations, and not
the official position of the FAA, City of Los Angeles, or the
Los Angeles World Airports.]
As the author contends that the state is preempted by federal
law from adopting altitude and flight path regulations, he has
introduced the resolution to show the support of the California
Legislature for the two pending congressional measures requiring
the FAA to prescribe regulations on helicopter operations.
Related bills : AJR 41 (Lieu), Resolution Chapter 115, Statutes
of 2010, memorializes the FAA, the United States Environmental
Protection Agency, the United States Department of
Transportation, and California's congressional delegation to
work collaboratively to review noise and air pollution emission
levels and the safety of flight operations at the Santa Monica
Airport.
AJR 37 (Lieu), Resolution Chapter 127, Statutes of 2008,
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memorializes FAA to engage in a collaborative process to review
the safety of flight operations at the Santa Monica Airport and
to examine the role that the airport plays in the regional
aviation transportation system.
REGISTERED SUPPORT / OPPOSITION :
Support
Beachwood Canyon Neighborhood Association
City of Rolling Hills Estates
City of West Hollywood
Friends of Griffith Park
Holmby-Westwood Property Owners Association
Los Angeles County Board of Supervisors
Riviera Homeowners Association
Sherman Oaks Homeowners Association
Southeast Torrance Homeowner's Association
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093