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SB-1084 Airport land use commissions.(1999-2000)

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SB1084:v94#DOCUMENT

Amended  IN  Senate  April 12, 1999
Amended  IN  Senate  April 27, 1999
Amended  IN  Senate  June 01, 1999
Amended  IN  Assembly  June 22, 1999
Amended  IN  Assembly  February 10, 2000
Corrected  February 16, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 1084

Introduced  by  Senator Mountjoy
 (Coauthor(s): Senator Knight)
 (Coauthor(s): Assembly Member Robert Pacheco)

February 26, 1999

An act to amend Sections 21670, 21674.7, 21674.7 and 21675 of the Public Utilities Code, relating to aviation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1084, as amended, Mountjoy. Airport land use commissions.
(1) The State Aeronautics Act provides for the creation of airport land use commissions, with powers and duties as prescribed. Each commission is required to consist of 7 members, including 2 members having an expertise in aviation. For purposes of this requirement, “expertise in aviation” is defined as, among other things, being an elected official of a local agency that owns or operates an airport.

This bill would delete the elected officials specified above from the definition described above.

(2) The act requires an airport land use commission that formulates, adopts or amends a comprehensive airport land use plan to be guided by the Airport Land Use Planning Handbook published by the Aeronautics Program of the Department of Transportation.
This bill would require a planning commission that approves a project within the boundaries of a comprehensive airport land use plan to be guided by the Airport Land Use Planning Handbook. Because the bill would thereby impose additional duties upon those local governmental entities, it would create a state-mandated local program.
(3) The act requires each airport land use commission to formulate a comprehensive land use plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission.
This bill would also require the commission to submit a draft copy of each plan, plan update, or plan amendment for evaluation by to the department as to conformance with the department’s Airport Land Use Planning Handbook and would prohibit the commission from adopting the plan, plan update, or plan amendment until receiving notice from the department that the plan, plan update, or plan amendment conforms to the handbook department’s Airport Land Use Planning Handbook. Because the bill would thereby impose additional duties upon those local governmental entities, it would create a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 21670 of the Public Utilities Code is amended to read:
21670.

(a)The Legislature hereby finds and declares that:

(1)It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted under Section 21669 and to prevent the creation of new noise and safety problems.

(2)It is the purpose of this article to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

(b)In order to achieve the purposes of this article, every county in which there is located an airport that is served by a scheduled airline shall establish an airport land use commission. Every county, in which there is located an airport that is not served by a scheduled airline, but is operated for the benefit of the general public, shall establish an airport land use commission, except that the board of supervisors of the county may, after consultation with the appropriate airport operators and affected local entities and after a public hearing, adopt a resolution finding that there are no noise, public safety, or land use issues affecting any airport in the county that require the creation of a commission and declaring the county exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to the Director of Transportation. For purposes of this section, “commission” means an airport land use commission. Each commission shall consist of seven members to be selected as follows:

(1)Two representing the cities in the county, appointed by a city selection committee comprised of the mayors of all the cities within that county, except that if there are any cities contiguous or adjacent to the qualifying airport, at least one representative shall be appointed therefrom. If there are no cities within a county, the number of representatives provided for by paragraphs (2) and (3) shall each be increased by one.

(2)Two representing the county, appointed by the board of supervisors.

(3)Two having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public airports within that county. For the purposes of this paragraph, “expertise in aviation” means having particular knowledge of, and familiarity with, the function, operation, and role of airports, acquired by way of education, training, business, experience, vocation, or avocation.

(4)One representing the general public, appointed by the other six members of the commission.

(c)Public officers, whether elected or appointed, may be appointed and serve as members of the commission during their terms of public office.

(d)Each member shall promptly appoint a single proxy to represent him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy shall be designated in a signed written instrument that shall be kept on file at the commission offices, and the proxy shall serve at the pleasure of the appointing member. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy.
SEC. 2.

Section 21674.7 of the Public Utilities Code is amended to read:

21674.7.
 An airport land use commission that formulates, adopts or amends a comprehensive airport land use plan, or a planning commission that approves a project within the boundaries of a comprehensive airport land use plan, shall be guided by information prepared and updated under Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Aeronautics Program of the Department of Transportation.

SEC. 3.

Section 21675 of the Public Utilities Code is amended to read:

21675.
 (a) Each commission shall formulate a comprehensive land use plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general. The commission plan shall include and shall be based on a long-range master plan or an airport layout plan, as determined by the Aeronautics Program of the Department of Transportation, that reflects the anticipated growth of the airport, specifically including, but not limited to, the related noise and safety issues, during at least the next 20 years. In formulating a land use plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the planning area. The comprehensive land use plan shall be reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year. The commission shall submit a draft copy of each plan, plan update, or plan amendment for evaluation by the department as to conformance with the department’s Airport Land Use Planning Handbook and may not adopt the plan, update, or amendment until receiving notice from the department that plan, update, or amendment confoms to the handbook. The commission shall submit a draft copy of each plan, plan update, or plan amendment to the department. The commission may not adopt a plan, plan update, or plan amendment until the department notifies the commission that the plan, plan update, or plan amendment conforms to the department’s Airport Land Use Planning Handbook.
(b) The commission may include, within its plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any federal military airport for all of the purposes specified in subdivision (a). This subdivision does not give the commission any jurisdiction or authority over the territory or operations of any military airport.
(c) The planning boundaries shall be established by the commission after appropriate notice and public hearing and consultation with the involved agencies.
(d) The commission shall submit to the Aeronautics Program of the department one copy of the plan and each amendment to the plan, plan update, and plan amendment.
(e) If a comprehensive land use plan does not include the matters required to be under this article, the Aeronautics Program of the department shall notify and consult with the commission responsible for the plan.

SEC. 4.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
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Text — Pages 5 and 6.
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