BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AJR 25|
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THIRD READING
Bill No: AJR 25
Author: Feuer (D), et al.
Amended: 3/14/12 in Assembly
Vote: 21
ASSEMBLY FLOOR : 50-25, 3/26/12 - See last page for vote
SUBJECT : Los Angeles Residential Helicopter Noise Relief
Act of 2011
SOURCE : Author
DIGEST : This resolution memorializes the Congress of the
United States to enact and the President to sign the Los
Angeles Residential Helicopter Noise Relief Act of 2011.
ANALYSIS :
Existing law:
1. Confers, under federal law, primary jurisdiction over
all aspects of air travel in the United States to the
Federal Aviation Administration (FAA), 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. Authorizes, under state law, to the extent permitted by
CONTINUED
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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.
This resolution:
1. Makes various findings and declarations, as specified.
2. Expresses that the California Legislature supports the
separate federal bills, S. 2019 and H.R. 2677.
3. Memorializes the Congress of the United States to
promptly pass and President Barack Obama to sign both
bills.
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. The 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
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other neighborhoods ? The FAA believes most noise issues
can be best resolved at 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 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 the FAA to promulgate rules for
commercial helicopter noise regulations in the County of
Los Angeles. The bills require the 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
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support of the California Legislature for the two pending
congressional measures requiring the FAA to prescribe
regulations on helicopter operations.
Related Legislation
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,
memorializes the 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.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 5/15/12)
Beachwood Canyon Neighborhood Association
Cities of Lomita, Rancho Palos Verdes, Rolling Hills
Estates, and West Hollywood
County of Los Angeles
Friends of Griffith Park
Holmby-Westwood Property Owners Association
Los Feliz Improvement Association
Outpost Homeowners Association
Riviera Homeowners Association
Sherman Oaks Homeowners Association
Southeast Torrance Homeowners' Association, Inc.
ASSEMBLY FLOOR : 50-25, 3/26/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Gatto, Gordon, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Ma,
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Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Galgiani, Gorell, Hall, Bonnie
Lowenthal, Smyth
JJA:mw 5/15/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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