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HomeMy WebLinkAboutRECIPIENT OF CALTRANS AVIATION LGISLATIVE UPDATE REPORTSTATE OF CALIFORNIA - BUSINESS. TRANSPORTATIO�D HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 1130 K STREET - 4th FLOOR I&AIL: P.O. BOX 94273 ACRAMENTO, CA 94273-0001 (916) 322-3090 TDD (91'6) 654-4014 Aueust 12, 1994 PETE WILSON, Govemar TO: RECIPIENTS OF CALTRANS' AVIATION LEGISLATIVE UPDATE REPORT Enclosed is the Aviation Legislative Update Report produced by Caltrans' Division of Aeronautics, as of August 11, 1994. Many of the bills have been amended as they have progressed through the legislative process. .Of particular interest is AB 2831, relating to airport land use commissions, which was substantially amended on August 8, 1994. We have added two bills to the Report: AB 3774 (Brown. V.): "Environmental Impact Reports and Statements: Military Base Reuse Plans," and AB 3817 (Sher): "Air Pollution: Rules and Regulations" [related to the Environmental Protection Agency's Federal Implementation Plan for the Sacramento, South Coast (Orange County and greater • Los Angeles), and Ventura areas]. The Legislature recesses August 31, 1994, and is not expected to reconvene until after the November election. Governor Pete Wilson has until September 30, 1994 to take action on bills passed by the Legislature in August. We plan to publish the last Report in October 1994 after the Governor signs or vetoes bills on his desk. Should you wish to discuss this further, please contact either Teresa Ishikawa at (916) 322-9942, or Mike Farmer at (916) 322-9947. Sincerely, MARLIN BECKWITH, Chief Division of Aeronautics Enclosure . cc: Chuck Oldham, CTC _ • SELECTED SIGNIFICA1NT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE • 1. AB 727 (Moore): "Charter Party Carriers": Prohibits an airport from imposing a fee based on gross receipts of charter -para- carriers operating limousines. It was signed by the Governor on June 24, 1994, and went into effect immediately as an urgency statute. It is Chapter 109 of the Statutes of 1994. 2. AB 2564 (Cortese): "Plant Shipments": Would permit a service fee to be charged on the shipper or receiver for the cost of services provided in inspecting plant shipments. Any carrier involved in the delivery of the shipment may be required to provide any information necessary to charge the service fee. The bill is pending in the Assembly Committee on Agriculture, and is not expected to pass this year. 3. AB 2589 (Bornstein): "Postsecondary Education": Would require the Council for Private Postsecondar,, Vocational Education to work with the Federal Aviation Administration (FAA) in developing a memorandum of understanding (MOU) in the regulation of institutions certified by the FAA to.offer flight instruction. The MOU shall be introduced as legislation by February 1, 1995. This issue is of interest to the California Aviation Business Association. A related bill, AB 3013, makes technical changes in the same section of the Education Code. AB, 2589 'is -pending on the Floor of the Senate. Please refer to SB 736 for a related bill. 4. AB 2699 (Baca): "Metrolink Rail Services: Extension": Would authorize the use of Petroleum Violation Escrow Account funds to be used by the San Bernardino Associated Governments to study the feasibility of extending Metrolink to the San Bernardino International Airport. AB 2699 is pending in the Assembly Committee on Ways and Means' Suspense File. AB 2831(Mountjoy): "Airport Land Use s): Plans": Would reinstate the mandate requiring each county to establish an ALUC, unless a county board of supervisors and each affected city in the county makes a determination that airport land use planning can be accomplished as follows: a) a county board of supervisors having jurisdiction over an airport, and the city council for each city having jurisdiction over an airport, subject to DOA's approval, shall 1) adopt processes for: preparing, adopting, and amending comprehensive land use plans (CLUPs) for each public -use airport; notifying the public about the CLUPs; mediating disputes; and amending general and specific plans to be consistent with CLUPs; and 2) designate the agency responsible for preparing, adopting, and amending each CLUP. DOA shall review and approve the processes if they are consistent with the law and will: a) result in timely preparation, adoption, and implementation of CLUPs; b) rely on factors that are compatible with airport operations (as cited in the Airport Land Use Planning Handbook and appropriate Federal Aviation Regulations); and c) provide for adequate notice to, and review by, the public. If the county does not comply with this process within 120 days, then an ALUC shall be established within 90 days of DOA's determination of • noncompliance, and a plan shall be adopted within 90 days of the establishment of the ALUC. Other provisions are made for the Counties of Kern and Santa Cruz that are comparable to this process. The bill would also: 1) add the use of public Caltrans' Division of Aeronautics: August 11, 1994 SELECTED SIGNIFICANT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE airports to the State Emergency Plan; and 2) require ALUCs to consider guidelines published by Caltrans when formulating, adopting, or amending CLUPs. AB 2831 is scheduled for an August 15, 1994 hearing in the Senate Committee on Appropriations at 9:30 a.m. in the California Room. 6. AB 3411 (Frazee): "Taxation": Under existing law, a) aircraft owners are required to report to each county assessor certain information about the aircraft, b) airport owners and operators are required to report similar information about each aircraft based at the airport to the county assessor, and c) aircraft owners which do not report the aircraft are penalized by adding 10 percent of the value of the aircraft for tax assessment purposes. Under an early amendment to the bill, if the airport owner or operator fails to file a timely report to the county assessor, an administrative penalty of 10 percent of the value of the unreported aircraft would have been imposed on the airport owner or operator. However, the bill was amended, removing all references to the imposition of an administrative penalty on an airport owner or operator. Existing law will not be changed. 7. AB 3774 (Brown, V.) and SB 354 (Ayala): "Environmental' Impact 'Reports and Statements: Military Base Reuse Plans": In complying with the California Environmental Quality Act (CEQA) in the preparation of a draft environmental impact report (EIR), would allow the use of an environmental impact statement (EIS) for a military base's reuse plan under the National Environmental Policy Act of 1969, after notice to the public and a comment period. The draft EIR shall consist of all or part of the EIS and any additional information necessary for compliance. Would sunset on January 1, 2001. AB 3774 is pending in the Senate Committee on Appropriations, and SB 354 is on the Floor of the Assembly. 8. AB 3817 (Sher): "Air Pollution: Rules and Regulations": As a result of litigation filed under the Federal Clean Air Act Amendment, the Environmental Protection Agency (EPA) has proposed a Federal Implementation Plan (FIP), which would impose measures to achieve reductions in ozone and carbon monoxide for the Sacramento, South Coast (Orange County and greater Los Angeles), and Ventura areas. The measures would impact ail transportation modes, including commercial and general aviation, with revenues going into the U.S. Treasury. The FIP will be finalized February 14, 1995, and would go into effect in the year 2001. This bill would allow air quality districts, with the approval of the Air Resources Board, to "adopt substitute, equivalent measures" if the EPA withdraws the FIP. Revenues collected would-be expended to achieve a reduction in taxes, offset adverse economic and social impacts, and achieve air quality objectives. AB 3817 is pending in the Senate Committee on Appropriations. 9. AB 3821 (Connolly): "California Defense Conversion Council": Would add new responsibilities to the Council in preparing and implementing a plan to minimize the loss of bases and jobs in 1995, including some detailed information. The Council would be allowed to temporarily borrow staff from other -state agencies. The bill is • pending on the Floor of the Senate. Caltrans' Division of Aeronautics: August 11, 1994 • SELECTED SIGNIFICANT,AVIATION BILLS IN THE CALIFORNIA LEGISLATURE 10. SB 14 (Kopp): "California Transportation Commission (CTC)": Would revise the a composition and duties of the Commission, and eliminate the CTC's Technical Advisory Committee on Aeronautics (TACA).. SB 14 is pending in the Assembly Committee on Ways and Means. 11. SB 736 (Rogers): "Private Postsecondary Education: Flight Instructors": Existing law requires each individual applying to the Council for Private Postsecondary and Vocational Education for a certificate to serve as an instructor to have. three years experience and training. For flight instructors, this bill would allow the three years to include military experience and training. It is sponsored by the California Aviation Business Association, and is pending in the Assembly Committee on Higher Education. Please refer to AB 2589 for a similar bill. 12. SB 763 (Rogers): "aviation Tax Revenues": Existing law transfers tax revenues on motor vehicle fuel used to propel an aircraft from the Motor Vehicle Fuel Account in the State Transportation Fund to the Aeronautics Account. This bill would specify that those funds are to be ' allocated for aviation purposes, according to provisions in the Airport and Airway Improvement Act of 1982, as amended. Existing Federal law requires airports receiving Federal Airport Improvement Program grants to make assurances that airport -generated revenues will be used on the airport, or on the system of the airport proprietor. SB 763 is pending in the Assembly Committee on Ways and Means. 13. SB 1433 (Kopp): "Bridges: Seismic Safety: ;Motor Vehicle Fuel Taxes": Would increase motor vehicle fuel taxes two cents per gallon for the period of July 1, 1994 to January 1, 1998 for the purpose of retrofitting highway bridges for seismic safety. Aviation gasoline (AvGas) is defined as a motor vehicle fuel, and would be subject to the tax increase. The bill would not exempt AvGas from its provisions, but would require the Department to report quarterly to the Governor and Legislative committees. If it passes, it would go into effect immediately as an urgency statute. The bill is on "Special Order" on the Floor of the Senate. 14;—SB 1453 (Rogers) Environmentai-Quality: AirportsWould require a lead agency under the California Environmental=Quality Act, when preparing an environmental impact report (EIR), to utilize the Airport Land Use Planning Handbook published by Caltrans- :and other documents, if the project described in the EIR is within the boundaries of an airport's comprehensive" land use plan (CLUP), or if no CLUP has been adopted, if it is within two miles of a public or public -use airport. It would also require a lead agency to consider whether a project would result in a safety hazard or noise ' problem for persons using the airport, residing or working in the project area. The bill is on the Floor of the Assembly on the Consent Calendar. Caltrans' Division of Aeronautics: Aueust 11. 1994 SELECTED SIGNIFICANT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE 15. SB 1542 (Kopp, Bergeson, & Katz): "Transportation Agency": Would create a Transportation Agency, and its Secretary would be required to prepare a plan, under which Caltrans would be abolished, creating three new Departments: Transportation Infrastructure, Public Transportation. and Highways. The plan would be required by December 1, 1995, with implementation by July 1, 1996. Aeronautics functions would be handled by the Department of Public Transportation. Programming, making policy, and resource allocation determinations would be done by Agency. Planning's role is not mentioned. The CTC would continue in its existing role. Although existing law requires a Division of Aeronautics in the Department of Transportation, that could be changed with this legislation. The bill is in the Assembly Committee on Ways and Means' Suspense File. 16. SB 1742 (Kopp): "San Francisco Bay Area Rapid Transit (BART) District: Airport Extension": The May 2, 1994 amendment deleted the text related to access to airport gates, replacing it with language requiring BART, if it elects to design and construct an extension of BART into San Francisco International Airport, to prepare a request for qualifications. BART shall make the award of the contract to the "prequalified bidder submitting the lowest responsive bid." However, BART's governing board would be able to reject any and all bids. If it passes, the bill would go into effect immediately as an urgency statute. The bill is pending on the Floor of the Assembly. 17. SB 1760 (Kopp): "Aircraft Jet Fuel Tax": Existing law provides an exemption for scheduled air carriers from the two cent jet fuel tax. This bill would remove the air carriers' exemption from that tax. According to the Board of Equalization, removal of the exemption would generate $74 million annually in revenues. The bill is pending in Senate Transportation, but is not expected to pass in 1994. @ _SB 20.14_ (Thompson) School Facilities Site Acquisition`':] Existing law requires Caltrans to investigate proposed school sites located within two miles of an airport runway before a school district may acquire the property. This bill would require the Department to take into consideration certain airport characteristics, as well as whether the boundaries of the city limits within the school district are located within the two mile radius of the runway. The bill is pending on the Floor of the Assembly. 19. SCR 37 (Killea): "Transportation: Airport Ground Access": Would request the CTC and Caltrans, in consultation with CTC's Technical Advisory Committee on Aeronautics, airport and aircraft operators, FAA, and regional and local transportation planning agencies, to develop a proposal to improve surface transportation access to airports for the more efficient movement of both passengers and freight. They are to prepare a report to the Governor and Legislature. The resolution is not expected to pass this year. • Caltrans' Division of Aeronautics: August 11, 1994 STATE 6F CALIFORNIA - BUSINESS, TRANSPORTATICOD HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 1130 K STREET — 4th FLOOR IAIL: P.O. BOX 942873 ACRAMENTO, CA 94273-0001 (916)322-3090 TDD (916) 654-4014 May 17, 1994 PETE WILSON, Govemor TO: RECIPIENTS OF CALTRANS' AVIATION LEGISLATIVE UPDATE REPORT Enclosed is the second Aviation Legislative Update Report produced by Caltrans' Division of Aeronautics (DOA) for 1994. Since the last report of April 8, 1994, several bills have progressed through the legislative process, and many have , been amended. Those bills which were signed into law by Governor Pete Wilson have been dropped from this report (AB 1619 and SB 1257), and SB 2014 was added. The latter bill is related to DOA's role in investigating proposed school sites near airports. A significant amendment was made to Senator Kopp's SB 1742, which formerly was concerned with access to airport gates. The bill is now related to the extension of Bay Area Rapid Transit (BART) into San Francisco International Airport. The California Pilots Association is the sponsor of AB 2831 (Mountjoy): "Airport Land Use Commissions: Plans" and SB 1453 (Rogers): "Environmental Quality: Airports" These bills seek to preserve aviation facilities, utilizing guidelines published by DOA in the Airport Land Use Planning Handbook. AB 2831 would also allow the Governor's Office of Emergency Services to provide for a role for public use airports in the State Emergency Plan. Should you wish to discuss this further, please contact Teresa Ishikawa at (916) 322-9942, or Mike Farmer at (916) 322-9947. Enclosure • cc: Chuck Oldham, CTC Sincerely, MARLIN BECKWITH, Chief Division of Aeronautics planning int MAY 191994 ©MVille, caltiornis i SELECTED SIGNIFICANT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE • 1. AB 727: Moore: "Charter Party Carriers": Would prohibit an airport from imposing a fee based on gross receipts of charter-party carriers operating limousines. It passed the Senate Committee on Appropriations on May 2, 1994 on a vote of 8-0, and is pending on the Floor of the Senate. 2. AB 2564: Cortese: "Plant Shipments": The April 5, 1994 amendment would permit a service fee to be charged on the shipper or receiver for the cost of services provided in inspecting plant shipments. Any carrier involved in the delivery of the shipment may be required to provide any information necessary to charge the service fee. Revenues from the fees would be used, in part, towards "the vigorous defense of the legal challenges to the current state airport and maritime inspection program". The bill is pending in the Assembly Committee on Agriculture. 3. AB 2589: Bornstein: "Postsecondary Education": Would require the Council for Private Postsecondary ' Vocational Education to work with the Federal Aviation Administration (FAA) in developing a memorandum of understanding (MOU) in the regulation of institutions certified by the FAA to offer flight instruction. The MOU shall be introduced as legislation by February 1, 1995. This issue is of interest to the California Aviation Business Association. A related bill, AB 3013, makes technical changes in the same section of the Education Code. AB 2589 passed the Assembly and is scheduled for hearing in the Senate Committee on Education on June 8, 1994 at 9:30 a.m. in the California Room. Please refer to SB 736 for a related bill. • 4. AB 2699 (Baca): "Metrolink Rail Services: Extension": Would authorize the use of Petroleum Violation Escrow Account funds to be used by the San Bernardino Associated Governments to study the feasibility of extending Metrolink to the San Bernardino International Airport. AB 2699 is pending in the Assembly Committee on Ways and Means' Suspense File. 5: AB 2831 (Mountjoy): "Airport Land Use Commissions (ALUCs): Plans": Would reinstate the mandate requiring counties to establish ALUCs. Would add the use of public airports to the State Emergency Plan. Would require ALUCs to consider guidelines published by Caltrans when formulating, adopting, or amending comprehensive land use plans. The guidelines were in compliance with the mandate to provide training to staff of ALUCs. AB 2831 is scheduled for hearing on May 18, 1994 in the Assembly Committee on Ways and Means at 9:30 a.m. in room 4202. 6. AB 3411: Frazee: "Taxation": This bill is similar to AB 1422 from 1993, which was vetoed by Governor Wilson. Under existing law, a) aircraft owners are required to report to each county assessor certain information about the aircraft, b) airport owners and operators are required to report similar information about each aircraft based at the airport to the county assessor, and c) aircraft owners which do not report the aircraft are penalized by adding 10 percent of the value of the aircraft for tax assessment purposes. If a person is requested to file a report under either • section of the law and fails to do so, this bill would impose a penalty of 15 percent of the value of the unreported aircraft, which would be added to the value of the aircraft "of that person that is placed on the current roll". The bill passed the Caltrans' Division of Aeronautics: May 16, 1994 SELECTED SIGNIFICANT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE Assembly Committee on Revenue and Taxation on May 9, 1994 on a vote of 6-0, • and is pending in the Assembly Committee on Ways and Means. 7. AB 3821: Connolly: "California Defense Conversion Council": Would add new responsibilities to the Council in preparing and implementing a plan to minimize the loss of bases and jobs in 1995, including some detailed information. The Council would be allowed to temporarily borrow staff from other state agencies. The bill is scheduled for hearing on May 18, 1994 in the Assembly Committee on Ways and Means in room 4202 at 9:30 a.m. 8. SB 14 (Kopp): "California Transportation Commission (CTC)": Would revise the composition and duties of the Commission, and eliminate the CTC's Technical Advisory Committee on Aeronautics (TACA). SB 14 is pending in the Assembly Committee on Ways and Means. 9. SB 736 (Rogers): "Private Postsecondary Education: Flight Instructors": Existing law requires each individual applying to the Council for Private Postsecondary and Vocational Education for a certificate to serve as an instructor to have three years experience and training. For flight instructors, this bill would allow the three years to include military experience and training. This bill is sponsored by the California Aviation Business Association. It is pending in the Assembly Committee on Higher Education. Please refer to AB 2589 for a similar bill. 10. SB 763 (Rogers): "Aviation Tax Revenues": Existing law transfers tax revenues on • motor vehicle fuel used to propel an aircraft from the Motor Vehicle Fuel Account in the State Transportation Fund to the Aeronautics Account. This bill would specify that those funds are to be allocated for aviation purposes, according to provisions in the Airport and Airway Improvement Act of 1982, as amended. Existing Federal law requires airports receiving Federal Airport Improvement Program grants to make assurances that airport -generated revenues will be used on the airport, or on the system of the airport proprietor. SB 763 is pending in the Assembly Committee on- Ways riWays and Means. 11. SB 1433 (Kopp): "Bridges: Seismic Safety: Motor Vehicle Fuel Taxes": Would increase motor vehicle fuel taxes two cents per gallon for the period of July 1, 1994 to January 1, 1998 for the purpose of retrofitting highway bridges for seismic safety. Aviation gasoline (AvGas) is defined as a motor vehicle fuel, and would be subject to the tax increase. The bill would not exempt AvGas from its provisions, but would require the Department to report quarterly to the Governor and Legislative committees. If it passes, it would go into effect immediately as an urgency statute. However, the bill is currently in the Inactive File on the Floor of the Senate. 12. SB 1453 (Rogers): 'Environmental Quality: Airports": Would require a lead agency under the California Environmental Quality Act, when preparing an environmental impact report (EIR), to utilize the Airport Land Use Planning Handbook published • by Caltrans, if the project described in the EIR is within the boundaries of an airport's comprehensive land use plan (CLUP), or if no CLUP has been adopted, if Caltrans' Division of Aeronautics: May 16, 1994 i. •� '`r; � ��i t' R:t4 Ham; + 5'�`'RJET �. � Y ! � r 1 •f . , t a'•-'F''�.�'i'i'`�.P,.:afiRyE� 7.1t'1��\J+�+Y• SELECTED SIGNIFICANT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE • it is within two miles of a public or public -use airport. It would also require a lead agency to consider whether a project would result in a safety hazard or noise problem for persons using the airport, residing or working in the project area. The bill passed .the -Senate on May 12, 1994, but has not been assigned to a policy committee in the Assembly as yet. 13. SB 1542: Kopp, Bergeson, & Katz: "Transportation Agency": Would create a Transportation Agency, and its Secretary would be required to, prepare a plan, under which Caltrans would be abolished, creating three new Departments: Transportation Infrastructure, Public Transportation, and Highways. The plan would be required by December 1, 1995, with implementation by July 1, 1996. Aeronautics functions would be handled by the Department of Public Transportation. Programming, making policy, and resource allocation determinations would be done by Agency. Planning's role is not mentioned. The CTC would continue in its existing role. Although existing law requires a Division of Aeronautics in the Department of Transportation, that could be changed with this legislation. The bill passed the Senate on May 5, 1994 on a vote of 21-10, and has not yet been assigned to a policy committee in the Assembly as yet. 14. SB 1742 (Kopp): "San Francisco Bay Area Rapid Transit (BART) District: Airport Extension": The May 2, 1994 amendment deleted the text related to access to airport gates, replacing it with language requiring BART, if it elects to design and construct an extension of BART into San Francisco International Airport, to prepare a request for qualifications. The May 9, 1994 amendment specifies the procurement procedure that BART would follow. BART shall make the award of the contract to the "prequalified bidder submitting the lowest responsive bid." However, BART's governing board would be able to reject any and all bids. If it passes, the bill .would go into effect immediately as an urgency statute. The bill is scheduled for hearing on May 17, 1994 in the Senate Committee on Transportation at 1:30 p.m. in room 112. 15. SB 1760 (Kopp): "Aircraft Jet Fuel Tax": Existing law provides an exemption for scheduled air carriers from the two cent jet fuel tax. This bill would remove the air carriers' exemption from that tax. According to the Board of Equalization, removal of the exemption would generate $74 million annually in revenues. The bill is pending in the Senate Committee on Transportation. 16. SB 2014 (Thompson): "School Facilities: Site Acquisition": Existing law requires Caltrans to investigate proposed school sites located within two miles of an airport runway before a school district may acquire the property. This bill would require the Department to take into consideration certain airport characteristics, as well as whether the boundaries of the city limits within the school district are located within the two mile radius of the runway. The bill passed the Senate Committee on Education on April 27, 1994 on a vote of 5-0, and is scheduled 'for hearing in the Senate Committee on Appropriations on May 16, 1994 at 9:30 a.m. and 1:30 p.m. in • the California Room. Caltrans' Division of Aeronautics: May 16, 1994 SELECTED SIGNIFICANT AVIATION BILLS IN THE CALIFORNIA LEGISLATURE 17. SCR 37 (Killea): "Transportation: Airport Ground Access": Would request the • CTC and Caltrans, in consultation with CTC's Technical Advisory Committee on . Aeronautics, airport and aircraft operators, FAA, and regional and local transportation planning agencies, to develop a proposal to improve surface transportation access to airports for the more efficient movement of both passengers and freight. They are to prepare a report to the Governor and Legislature. The April 18, 1994 amendment requested the CTC and Caltrans "to address and explain the extent of Federal restrictions on the use of airport revenues for airport access, the process for obtaining required approvals or exemptions, and offer proposals for modifying or eliminating these restrictions". The bill is pending in the Senate. Committee on Transportation. • n LJ Caltrans' Division of Aeronautics: May 16, 1994