BILL ANALYSIS �
AB 2117
Page 1
Date of Hearing: April 2, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 2117 (Achadjian) - As Introduced: February 20, 2014
SUBJECT : Land use: general plan: noise element.
SUMMARY : Deletes the authority for the defunct Office of Noise
Control (ONC) to establish guidelines for the noise element, and
instead, gives this authority to the Governor's Office of
Planning and Research (OPR).
EXISTING LAW :
1)Requires that each city and county in California must prepare
a comprehensive, long term general plan to guide its future.
2)Requires a general plan to include seven mandatory elements,
including a noise element to identify and appraise noise
problems in the community.
3)Requires OPR to adopt and periodically revise guidelines for
the preparation and content of local general plans.
4)Requires the noise element to recognize the guidelines
established by the ONC.
5)Requires the noise element to identify and appraise noise
problems in the community, and analyze and quantify, to the
extent practicable, as determined by the legislative body,
current and projected noise levels for all of the following
sources:
a) Highways and freeways;
b) Primary arterials and major local streets;
c) Passenger and freight online railroad operations and
ground rapid transit systems;
d) Commercial, general aviation, heliport, helistop, and
military airport operations, aircraft overflights, jet
engine test stands, and all other ground facilities and
maintenance functions related to airport operation;
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e) Local industrial plants, including, but not limited to,
railroad classification yards;
f) Other ground stationary noise sources, including, but
not limited to, military installations, identified by local
agencies as contributing to the community noise
environment.
FISCAL EFFECT : None
COMMENTS :
1)Purpose of this bill . This bill deletes the authority for the
defunct Office of Noise Control to establish guidelines for
the noise element, and instead, gives this authority to the
Governor's Office of Planning and Research. This bill is
author-sponsored.
2)Background on Noise Element . The noise element is one of
seven elements that a local government must include in a
general plan. The noise element provides a basis for
comprehensive local programs to control and abate
environmental noise and to protect citizens from excessive
exposure. OPR publishes guidelines for the six required
elements other than the noise element, and also includes some
guidance for the noise element. The guidelines for the noise
element, however, are statutorily required to be produced by
the Office of Noise Control, which no longer exists. As a
result, the noise element guidelines have not been updated,
and the 1976 guidance remains in effect. Without a
legislative change, OPR would be required to reprint the 1976
Noise Element Guidelines in its next update to the General
Plan Guidelines.
3)Author's statement . According to the author, this bill would
"remove ONC's authorization to establish noise element
guidelines and instead give this authority to the Governor's
Office of Planning and Research, which is generally charged
with updating general plan guidelines. As the primary state
agency for land use and local government policy, OPR already
establishes guidelines for the six other mandatory elements,
AB 2117
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and it has the capability and resources to administer the
process for establishing guidelines for the noise element as
well. This legislative fix would mean that the entire General
Plan Guidelines would be updated by a single agency and would
allow OPR to consult with noise experts, state agency staff
and other interested parties to determine the best advice for
local governments. Updated noise element guidelines would
also help to better protect the public's health and well-being
by incorporating new technology and data."
Additionally the author notes that OPR has just begun the
process of its 2014 update of the General Plan Guidelines.
Legislation must be enacted this year in order to take
advantage of the work that OPR is currently undertaking to
update the General Plan Guidelines.
4)Arguments in support . None on file.
5)Arguments in opposition . None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958