California Senate Bill 1853

BILL NUMBER: SB 1853 AMENDED 05/20/98

AMENDED IN SENATE MAY 20, 1998

AMENDED IN SENATE MAY 6, 1998

AMENDED IN SENATE APRIL 14, 1998

INTRODUCED BY Senator Kopp (Coauthors: Senators Hughes and Sher) (Coauthors: Assembly Members Alquist, Knox, Lempert, Perata, and Wildman)

FEBRUARY 19, 1998

An act to add Section 21669.5 to the Public Utilities Code, relating to aeronautics.

LEGISLATIVE COUNSEL'S DIGEST

SB 1853, as amended, Kopp. Airports: noise standards: violations.

(1) The State Aeronautics Act requires the Department of Transportation to adopt noise standards governing the operation of aircraft and aircraft engines for specified airports, as prescribed. Under existing regulations adopted by the department pursuant to the act, the department may issue a variance from those noise standards.

This bill would authorize any city or county to submit a written request to the department for a public hearing regarding a request for a variance from noise standards with a certain exception . The bill would require the department to hold a public hearing within 60 days of receipt of such a request that is based upon good cause, and would require the owner and operator of the airport to participate in the hearing. The bill would require an airport operating pursuant to a variance, if a recommended published flight path for aircraft is scheduled to change, to make every reasonable effort to notify the residents and businesses that will be affected by that change at least 15 days before the date that the change will take effect, thereby imposing a state-mandated local program.

The bill would require the district attorney of a county in which an airport operating pursuant to a variance is located, within 60 days of receipt of a written request, based upon good cause, from a city or a county regarding an airport, to investigate any alleged violation of that variance. The bill would require the Attorney General to investigate the alleged violation if the district attorney fails to investigate the request within 90 days. The bill also would require any costs incurred by the district attorney or the Attorney General in implementing these provisions to be reimbursed by the operator of the airport.

Thus, to the extent the bill would require reimbursement from airport operators who are local entities, the bill would impose a state-mandated local program. In addition, because a violation of the act is a crime, the bill would impose a state-mandated local program by creating new crimes.

(2) 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.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

SECTION 1. Section 21669.5 is added to the Public Utilities Code, to read:

21669.5. (a) For the purposes of this section, "variance" means a variance from noise standards adopted by the department pursuant to Section 21669 granted by the department pursuant to Article 5 (commencing with Section 5050) of Chapter 6 of Division 2.5 of Title 21 of the California Code of Regulations.

(b) Any city or county may submit a written request to the department for a public hearing regarding a request for a variance from noise standards.

(c) The department shall hold a public hearing within 60 days of receipt of a request, based upon good cause, pursuant to subdivision (b). The owner and operator of the airport shall participate in the hearing.

(d) If a recommended published flight path for aircraft for an airport operating pursuant to a variance is scheduled to change, the airport shall make every reasonable effort to notify the residents and businesses that will be affected by that change at least 15 days before the date that the change will take effect.

(e) (1) Upon request submission of a written request, based upon good cause, by a city or county regarding an airport operating pursuant to a variance, the district attorney of the county in which the airport is located shall investigate any alleged violation of the terms of the variance within 60 days of receipt of the request. If a district attorney fails to investigate a request pursuant to this section within 90 days of receiving that request, the Attorney General shall investigate the alleged violation of the terms of the variance.

(2) Any costs incurred by the district attorney or the Attorney General in implementing paragraph (1) shall be reimbursed by the operator of the airport.

(f) This section does not apply to any airport that is located 50 miles or less from an international border.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. In addition, no reimbursement is required by this act pursuant to the California Constitution for certain other costs that may be incurred by a local agency or school district because in that regard a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.


Click here to read the history of SB1853


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