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MO 1998-031 to 1998-035
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MO 1998-031 to 1998-035
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Minute Order
Document Date (6)
12/31/1998
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SB 1153 <br />file:///Cl/WEB/AIRPORT/SB 1853. HTM <br />This bill would provide that with regard to certain mandates no <br />reimbursement is required by this act for a specified reason. <br />With regard to any other mandates, this bill would provide that, <br />if the Commission on State Mandates determines that the bill contains <br />costs so mandated by the state, reimbursement for those costs shall <br />be made pursuant to the statutory provisions noted above. <br />Vote: majority. Appropriation: no. Fiscal committee: yes. <br />State -mandated local program: yes. <br />THE, PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: <br />SECTION 1. Section 21669.5 is added to the Public Utilities Code, <br />to read: <br />21669.5. (a) For the purposes of this section, "variance" means a <br />variance from noise standards adopted by the department pursuant to <br />Section 21669 granted by the department pursuant to Article 5 <br />(commencing with Section 5000 of Chapter 6 of Division 2.5 of Title <br />21 of the California Code of Regulations). <br />(b) Any city or county may submit a written request <br />to the department for a public hearing regarding aircraft noise at or <br />near an airport. <br />(c) The department shall hold a public hearing within 60 days of <br />receipt of a request pursuant to subdivision (a). The owner and <br />operator of the airport shall participate in the hearing. <br />(d) If a recommended published flight path for aircraft for an airport <br />operating pursuant to a variance is scheduled to change, the airport <br />shall make every reasonable effort to notify the residents and <br />businesses that will be affected by that change at least 15 days <br />before the date that. the change will take effect. <br />(e) Upon request by a city or county regarding an airport operating <br />pursuant to a variance, the district attorney of the county in which <br />the airport is located shall investigate any alleged violation of the <br />terms of the variance within 60 days of receipt of the request. If <br />a district attorney fails to investigate a request pursuant to this <br />section within 90 days of receiving that request, the Attorney <br />General shall investigate the alleged violation of the terms of the <br />variance. <br />SEC. 2. No reimbursement is required by this act pursuant to <br />Section 6 of Article XIIIB of the California Constitution for certain <br />costs that may be incurred by a local agency or school district <br />because in that regard this act creates a new crime or infraction, <br />eliminates a crime or infraction, or changes the penalty for a crime <br />or infraction, within the meaning of Section 17556 of the Government <br />Code, or changes the definition of a crime within the meaning of <br />Section 6 of Article XIIIB of the California Constitution. <br />However, notwithstanding Section 17610 of the Government Code, if <br />the Commission on State Mandates determines that this act contains <br />other costs mandated by the state, reimbursement to local agencies <br />and school districts for those costs shall be made pursuant to Part 7 <br />(commencing with Section 17500) of Division 4 of Title 2 of the <br />Government Code. If the statewide cost of the claim for <br />reimbursement does not exceed one million dollars ($1,000,000), <br />reimbursement shall be made from the State Mandates Claims Fund. <br />Notwithstanding Section 17580 of the Government Code, unless <br />otherwise specified, the provisions of this act shall become <br />operative on the same date that the act takes effect pursuant to the <br />"r I <br />
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