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SB 1853 <br />file:///CjAVEB/AIRPORT/SB 1853.HTM <br />California Senate Bill 1853 <br />History <br />April 14, 1998: Amended in Senate <br />March 31: Senate Transportation Committee <br />MOTION: Do pass as amended, and re -refer to the Committee on Appropriations. <br />(AYES 9. NOES 0.) (PASS) AYES: Ayala, Costa, Hayden, Karnette, <br />Monteith, Polanco, Rainey, Kelley, and Kopp <br />AMENDED BILL TEXT <br />INTRODUCED BY Senator Kopp <br />COAUTHORS Senators Hughes and Sher; Assembly members Alquist, Knox, Lempert, <br />Perata, and Wildman <br />APRIL 14, 1998 <br />An act to add Section 21669.5 to the Public Utilities Code, <br />relating to aeronautics. <br />LEGISLATIVE COUNSEL'S DIGEST <br />SB 1853, as introduced, Kopp. Airports: noise standards: <br />violations. <br />(1) The State Aeronautics Act requires the Department of <br />Transportation to adopt noise standards governing the operation of <br />aircraft and aircraft engines for specified airports, as prescribed. <br />Under existing regulations adopted by the department pursuant to the <br />act, the department may issue a variance from those noise standards. <br />This bill would authorize any city or county to <br />submit a written request to the department for a public hearing <br />regarding aircraft noise at or near an airport. The bill would <br />require the department to hold a public hearing within 60 days of <br />receipt of such a request and would require the owner and operator of _ <br />the airport to participate in the hearing. The bill would require <br />an airport operating pursuant to a variance, if a recommended flight <br />path for aircraft is scheduled to change, to make every reasonable <br />effort to notify the residents and businesses that will be affected <br />by that change at least 15 days before the date that the change will <br />take effect, thereby imposing a state -mandated local program. The <br />bill would require the district attorney of a county in which an <br />airport operating pursuant to a variance is located, within 60 days <br />of receipt of a request from a city or a county regarding an airport, <br />to investigate any alleged violation of that variance. The bill <br />would require the Attorney General to investigate the alleged <br />violation if the district attorney fails to investigate the request <br />within 90 days. Because a violation of the act is a crime, the bill <br />would impose a state -mandated local program by creating new crimes. <br />(2) The California Constitution requires the state to reimburse <br />local agencies and school districts for certain costs mandated by the <br />state. Statutory provisions establish procedures for making that <br />reimbursement, including the creation of a State Mandates Claims Fund <br />to pay the costs of mandates that do not exceed $1,000,000 statewide <br />and other procedures for claims whose statewide costs exceed <br />$1,000,000. <br />