Bill Text: CA SB1141 | 2009-2010 | Regular Session | Enrolled
Bill Title: Airports: airport land use commissions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-27 - In Senate. To unfinished business. (Veto) [SB1141 Detail]
Download: California-2009-SB1141-Enrolled.html
BILL NUMBER: SB 1141 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 5, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2010
An act to amend Sections 21670, 21670.1, 21670.4, 21675.1, 21678,
21679, and 21682 of, to add Section 21682.1 to, and to repeal Section
21677 of, the Public Utilities Code, relating to airports.
LEGISLATIVE COUNSEL'S DIGEST
SB 1141, Negrete McLeod. Airports: airport land use commissions.
(1) The State Aeronautics Act governs the creation and operation
of airports in this state. The act provides for the establishment of
county airport land use commissions to carry out various
requirements, including the formulation of a comprehensive land use
compatibility plan to provide for the orderly growth of airports and
the area surrounding airports within the jurisdiction of the
commission, and to safeguard the general welfare of the inhabitants
within the vicinity of an airport and the public in general. The act
requires each county in which there is an airport served by a
scheduled airline, with certain exceptions, to establish an airport
land use commission. The act additionally requires each county in
which there is an airport operated for the benefit of the public to
establish an airport land use commission, but authorizes the board of
supervisors of a county, upon making certain findings, to declare
that the county is exempt from establishing an airport land use
commission. The act requires that an airport land use commission
include in its membership, 2 persons having expertise in aviation, as
defined.
This bill would revise the definition of a person having expertise
in aviation.
(2) The act provides that, notwithstanding the above-described
requirements, if the board of supervisors and the city selection
committee of mayors in the county responsible for appointing a
commission each makes a determination by a majority vote that proper
land use planning can be accomplished through the actions of an
appropriately designated body, then the body so designated shall
assume the planning responsibilities of an airport land use
commission pursuant to the act, and a commission need not be formed
in that county.
This bill would require that a planning body designated in
accordance with these provisions be a countywide body.
(3) Under the act, the board of supervisors of a county and each
affected city in that county may make a determination that proper
land use planning can be accomplished by the county and the affected
cities, in which case an airport land use commission need not be
formed. If a commission is not formed pursuant to these provisions,
the act requires the supervisors of the county and each affected
city, subject to the review and approval of the Division of
Aeronautics of the Department of Transportation, to provide for the
preparation of the airport land use compatibility plan, among other
things.
This bill would additionally allow a city in which an airport is
located to assume the planning responsibilities of an airport land
use commission if, prior to January 1, 2011, the board of supervisors
of a county and city council of any city in which an airport was
located made a determination that the proper land use planning could
be accomplished by the city and other requirements are met.
(4) Under the act, the general plan or special plans of a local
agency, including a city, county, or special district, are required
to be consistent with the airport land use compatibility plan, and
each local agency whose general plan or plans includes areas covered
by an airport land use compatibility plan is required to submit a
copy of its plan, any amendment, any zoning ordinance, and any
building regulation, to the airport land use commission, unless
exempted, or to the designated body performing planning as an
alternative to the airport land use commission. If the plan,
amendment, zoning ordinance, or building regulation is inconsistent
with the airport land use compatibility plan, the airport land use
commission or designated body is required to notify the local agency,
and the local agency is required to have a hearing to reconsider its
plan or action.
Under the act, a public agency owning any airport within the
boundaries of an airport land use compatibility plan may overrule an
airport land use commission's action or recommendation affecting an
airport within the jurisdiction of that public agency, after a
hearing, by a 2/3 vote of its governing body, except the County of
Marin, which may overrule by a majority vote of its governing body,
if it makes specific findings that the proposed action is consistent
with the purposes of protecting public health, safety, and welfare,
minimizing the public's exposure to excessive noise, and minimizing
safety hazards within areas around the public airport.
This bill would repeal the authority of the County of Marin to
overrule an airport land use commission's action or recommendation
affecting an airport within the county by a majority vote.
(5) The act authorizes the Department of Transportation to
establish individual revolving fund subaccounts for eligible
airports, as specified, in the Aeronautics Account in the State
Transportation Fund and to annually credit $10,000 to individual
airport subaccounts. These moneys may be accumulated up to 5 years
and are required to be paid to public entities on request for
expenditures on preapproved eligible projects for airport and
aviation purposes and operation and maintenance purposes.
This bill would require the division, when it determines that
funding is sufficient, to inform counties that do not have an
operating airport land use commission of the availability of funds
for commission startup costs, and would authorize the division to
grant fund moneys to counties that apply for funding. The bill would,
upon the second anniversary of the division providing notice of the
availability of funds, prohibit a county owned or operated airport in
a county that does not have an operating airport land use commission
or authorized alternative planning body, as defined, to be eligible
for funding from the individual airport subaccounts, until that
county establishes an operating airport land use commission or
authorized alternative planning body.
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 pursuant
to Section 21669 and to prevent the creation of new noise and safety
problems.
(2) It is the purpose of this article to protect 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 which is served by a scheduled
airline shall establish an airport land use commission. Every county,
in which there is located an airport which 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, after consultation with the
appropriate airport operators and affected local entities and after a
public hearing, may 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, in this event, shall
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.
(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 which 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.
(e) A person having an "expertise in aviation" means a person who,
by way of education, training, business, experience, vocation, or
avocation has acquired and possesses particular knowledge of, and
familiarity with, the function, operation, and role of airports.
(f) It is the intent of the Legislature to clarify, for the
purposes of this article, that special districts, school districts,
and community college districts are included among the local agencies
that are subject to airport land use laws and other requirements of
this article.
SEC. 2. Section 21670.1 of the Public Utilities Code is amended to
read:
21670.1. (a) Notwithstanding any other provision of this article,
if the board of supervisors and the city selection committee of
mayors in the county each makes a determination by a majority vote
that proper land use planning can be accomplished through the actions
of an appropriately designated countywide body, then the body so
designated shall assume the planning responsibilities of an airport
land use commission as provided for in this article, and a commission
need not be formed in that county.
(b) A body designated pursuant to subdivision (a) that does not
include among its membership at least two members having expertise in
aviation, as defined in subdivision (e) of Section 21670, shall,
when acting in the capacity of an airport land use commission, be
augmented so that body, as augmented, will have at least two members
having that expertise.
(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(b) of Section 21670, if the board of supervisors of a county and
each affected city in that county each makes a determination that
proper land use planning pursuant to this article can be accomplished
pursuant to this subdivision, then a commission need not be formed
in that county.
(2) If the board of supervisors of a county and each affected city
makes a determination that proper land use planning may be
accomplished and a commission is not formed pursuant to paragraph
(1), that county and the appropriate affected cities having
jurisdiction over an airport, subject to the review and approval by
the Division of Aeronautics of the department, shall do all of the
following:
(A) Adopt processes for the preparation, adoption, and amendment
of the airport land use compatibility plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
(B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding
the preparation, adoption, and amendment of the airport land use
compatibility plans.
(C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the airport land use
compatibility plans.
(D) Adopt processes for the amendment of general and specific
plans to be consistent with the airport land use compatibility plans.
(E) Designate the agency that shall be responsible for the
preparation, adoption, and amendment of each airport land use
compatibility plan.
(3) The Division of Aeronautics of the department shall review the
processes adopted pursuant to paragraph (2), and shall approve the
processes if the division determines that the processes are
consistent with the procedure required by this article and will do
all of the following:
(A) Result in the preparation, adoption, and implementation of
plans within a reasonable amount of time.
(B) Rely on the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and
comment by the general public, landowners, interested groups, and
other public agencies.
(4) If the county does not comply with the requirements of
paragraph (2) within 120 days, then the airport land use
compatibility plan and amendments shall not be considered adopted
pursuant to this article and a commission shall be established within
90 days of the determination of noncompliance by the division and an
airport land use compatibility plan shall be adopted pursuant to
this article within 90 days of the establishment of the commission.
(d) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(b) of Section 21670, if, prior to January 1, 2011, the board of
supervisors of a county and the city council of any city in which an
airport was located each made a determination that proper land use
planning pursuant to this article could be accomplished pursuant to
this subdivision, that city may assume the planning responsibilities
of an airport land use commission as provided for in this article for
an affected airport, if all of the following conditions are met:
(A) The affected airport is certified by the Federal Aviation
Administration of the United States Department of Transportation
pursuant to Part 139 (commencing with Section 139.1) of Title 14 of
the Code of Federal Regulations.
(B) The affected airport has a noise compatibility program in
effect approved by the Federal Aviation Administration pursuant to
Part 150 (commencing with Section 150.1) of Title 14 of the Code of
Federal Regulations.
(C) The affected airport was owned and operated, prior to January
1, 2010, by an agency that was headquartered in a county other than
the county in which the airport was located.
(2) If the board of supervisors of a county and a city council
made a determination pursuant to paragraph (1), the city council,
subject to the review and approval by the Division of Aeronautics of
the department, shall do all of the following:
(A) Adopt processes for the preparation, adoption, and amendment
of the airport land use compatibility plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
(B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding
the preparation, adoption, and amendment of the airport land use
compatibility plans.
(C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the airport land use
compatibility plans.
(D) Adopt processes for the amendment of general and specific
plans to be consistent with the airport land use compatibility plans.
(E) Designate the agency that shall be responsible for the
preparation, adoption, and amendment of each airport land use
compatibility plan.
(3) The Division of Aeronautics of the department shall review the
processes adopted pursuant to paragraph (2), and shall approve the
processes if the division determines that the processes are
consistent with the procedure required by this article and will do
all of the following:
(A) Result in the preparation, adoption, and implementation of
plans within a reasonable amount of time.
(B) Rely on the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and
comment by, the general public, landowners, interested groups, and
other public agencies.
(4) If the city has not complied with the requirements of
paragraph (2) by January 1, 2011, the affected airport is subject to
the airport land use commission within 90 days of the determination
of noncompliance by the division.
(e) A commission need not be formed in a county that has
contracted for the preparation of airport land use compatibility
plans with the Division of Aeronautics under the California Aid to
Airports Program (Chapter 4 (commencing with Section 4050) of Title
21 of the California Code of Regulations), Project Ker-VAR 90-1, and
that submits all of the following information to the Division of
Aeronautics for review and comment that the county and the cities
affected by the airports within the county, as defined by the airport
land use compatibility plans:
(1) Agree to adopt and implement the airport land use
compatibility plans that have been developed under contract.
(2) Incorporated the height, use, noise, safety, and density
criteria that are compatible with airport operations as established
by this article, and referred to as the Airport Land Use Planning
Handbook, published by the division, and any applicable federal
aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations, as part of the general and specific plans for the county
and for each affected city.
(3) If the county does not comply with this subdivision on or
before May 1, 1995, then a commission shall be established in
accordance with this article.
(f) (1) A commission need not be formed in a county if all of the
following conditions are met:
(A) The county has only one public use airport that is owned by a
city.
(B) (i) The county and the affected city adopt the elements in
paragraph (2) of subdivision (e), as part of their general and
specific plans for the county and the affected city.
(ii) The general and specific plans shall be submitted, upon
adoption, to the Division of Aeronautics. If the county and the
affected city do not submit the elements specified in paragraph (2)
of subdivision (e), on or before May 1, 1996, then a commission shall
be established in accordance with this article.
SEC. 3. Section 21670.4 of the Public Utilities Code is amended to
read:
21670.4. (a) As used in this section, "intercounty airport" means
any airport bisected by a county line through its runways, runway
protection zones, inner safety zones, inner turning zones, outer
safety zones, or sideline safety zones, as defined by the department'
s Airport Land Use Planning Handbook and referenced in the airport
land use compatibility plan formulated under Section 21675.
(b) It is the purpose of this section to provide the opportunity
to establish a separate airport land use commission so that an
intercounty airport may be served by a single airport land use
planning agency, rather than having to look separately to the airport
land use commissions of the affected counties.
(c) In addition to the airport land use commissions created under
Section 21670, or the alternative planning undertaken pursuant to
subdivision (c) or (d) of Section 21670.1, for their respective
counties, the boards of supervisors and city selection committees for
the affected counties, by independent majority vote of each county's
two delegations, for any intercounty airport, may do either of the
following:
(1) Establish a single separate airport land use commission for
the airport. The airport land use commission shall consist of seven
members to be selected as follows:
(A) One representing the cities in each of the counties, appointed
by that county's city selection committee.
(B) One representing each of the counties, appointed by the board
of supervisors of each county.
(C) One from each county having expertise in aviation, appointed
by a selection committee comprised of the managers of all the public
airports within that county.
(D) One representing the general public, appointed by the other
six members of the commission.
(2) Designate an existing appropriate countywide body as that
airport's land use commission pursuant to subdivision (a) or (b) of
Section 21670.1.
SEC. 4. Section 21675.1 of the Public Utilities Code is amended to
read:
21675.1. (a) Until a commission adopts an airport land use
compatibility plan, a city or county shall first submit all actions,
regulations, and permits within the vicinity of a public airport to
the commission for review and approval. Before the commission
approves or disapproves any actions, regulations, or permits, the
commission shall provide public notice in the same manner as the city
or county is required to provide for those actions, regulations, or
permits. As used in this section, "vicinity" means land that will be
included or reasonably could be included within the airport land use
compatibility plan. If the commission has not designated an airport
influence area for the airport land use compatibility plan, "vicinity"
means land within two miles of the boundary of a public airport.
(b) The commission may approve an action, regulation, or permit
if it finds, based on substantial evidence in the record, all of the
following:
(1) The commission is making substantial progress toward the
completion of the airport land use compatibility plan.
(2) There is a reasonable probability that the action, regulation,
or permit will be consistent with the airport land use compatibility
plan being prepared by the commission.
(3) There is little or no probability of substantial detriment to
or interference with the future adopted airport land use
compatibility plan if the action, regulation, or permit is ultimately
inconsistent with the airport land use compatibility plan.
(c) If the commission disapproves an action, regulation, or
permit, the commission shall notify the city or county. The city or
county may overrule the commission, by a two-thirds vote of its
governing body, if it makes specific findings that the proposed
action, regulation, or permit is consistent with the purposes of this
article, as stated in Section 21670.
(d) If a city or county overrules the commission pursuant to
subdivision (c), that action shall not relieve the city or county
from further compliance with this article after the commission adopts
the airport land use compatibility plan.
(e) If a city or county overrules the commission pursuant to
subdivision (c) with respect to a public use airport that the city or
county does not operate, the operator of the airport is not liable
for damages to property or personal injury resulting from the city's
or county's decision to proceed with the action, regulation, or
permit.
(f) A commission may adopt rules and regulations that exempt any
ministerial permit for single-family dwellings from the requirements
of subdivision (a) if it makes the findings required pursuant to
subdivision (b) for the proposed rules and regulations, except that
the rules and regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant
within a subdivision prior to June 30, 1991.
(2) Single-family dwellings in a subdivision where 25 percent or
more of the parcels are undeveloped.
SEC. 5. Section 21677 of the Public Utilities Code is repealed.
SEC. 6. Section 21678 of the Public Utilities Code is amended to
read:
21678. With respect to a public use airport that a public agency
does not operate, if the public agency pursuant to Section 21676 or
21676.5 overrules a commission's action or recommendation, the
operator of the airport shall be immune from liability for damages to
property or personal injury caused by or resulting directly or
indirectly from the public agency's decision to overrule the
commission's action or recommendation.
SEC. 7. Section 21679 of the Public Utilities Code is amended to
read:
21679. (a) In any county in which there is no airport land use
commission or other body designated to assume the responsibilities of
an airport land use commission, or in which the commission or other
designated body has not adopted an airport land use compatibility
plan, an interested party may initiate proceedings in a court of
competent jurisdiction to postpone the effective date of a zoning
change, a zoning variance, a general or specific plan amendment, the
issuance of a permit, or the adoption of a regulation by a local
agency, that directly affects the use of land within one mile of the
boundary of a public airport within the county.
(b) The court may issue an injunction that postpones the effective
date of the zoning change, zoning variance, permit, or regulation
until the governing body of the local agency that took the action
does one of the following:
(1) In the case of an action that is a legislative act, adopts a
resolution declaring that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(2) In the case of an action that is not a legislative act, adopts
a resolution making findings based on substantial evidence in the
record that the proposed action is consistent with the purposes of
this article stated in Section 21670.
(3) Rescinds the action.
(4) Amends its action to make it consistent with the purposes of
this article stated in Section 21670, and complies with either
paragraph (1) or (2), whichever is applicable.
(c) The court shall not issue an injunction pursuant to
subdivision (b) if the local agency that took the action demonstrates
that the general plan and any applicable specific plan of the agency
accomplishes the purposes of an airport land use compatibility plan
as provided in Section 21675.
(d) An action brought pursuant to subdivision (a) shall be
commenced within 30 days of the decision or within the appropriate
time periods set by Section 21167 of the Public Resources Code,
whichever is longer.
(e) If the governing body of the local agency adopts a resolution
pursuant to subdivision (b) with respect to a public use airport that
the local agency does not operate, the operator of the airport shall
be immune from liability for damages to property or personal injury
from the local agency's decision to proceed with the zoning change,
zoning variance, permit, or regulation.
(f) As used in this section, "interested party" means any owner of
land within two miles of the boundary of the airport or any
organization with a demonstrated interest in airport safety and
efficiency.
SEC. 8. Section 21682 of the Public Utilities Code is amended to
read:
21682. (a) The department shall establish individual revolving
fund subaccounts for eligible airports in the Aeronautics Account in
the State Transportation Fund. Money payable under this section shall
be credited to individual airport subaccounts annually, and except
as provided in Section 21682.1, may be accumulated for a maximum
period of five years.
(b) The department shall, except as provided in Section 21682.1,
and subject to Section 21684, credit from the Aeronautics Account to
each public entity owning and operating an airport or airports under
a valid permit issued by the department for every airport that has
not been designated by the Federal Aviation Administration as (1) a
reliever airport, as defined in Section 503 (a) (19) of the federal
Airport and Airway Improvement Act of 1982, as amended, or (2) a
commercial service airport, as defined in Section 503 (a) (5) of the
federal Airport and Airway Improvement Act of 1982, as amended, the
sum of ten thousand dollars ($10,000) annually for each qualifying
airport. These funds shall be paid to public entities upon request
for expenditure on preapproved eligible projects. Eligible public
entities may submit applications for the withdrawal of credited funds
for expenditure on proposed projects in letter form to the
department for review and approval. Projects identified shall be for
airport and aviation purposes and operation and maintenance purposes.
No payment made under this section is transferable, but shall be
expended only upon the airport for which the payment is made, unless
the department authorizes a payment to be transferred for expenditure
on another airport owned or operated by the public entity. The
department may establish any accounting systems it deems necessary to
provide for the cumulation and expenditure of funds under this
subdivision.
(c) If, in any year, there is insufficient money in the
Aeronautics Account to make the credits specified in subdivision (b),
the department shall, except as provided in Section 21682.1, and
subject to Section 21684, credit to each public entity subaccount an
amount that is equal to the total amount of money in the Aeronautics
Account multiplied by a percentage equivalent to the proportion that
the airport or airports of the public entity for which credit is
required to be made pursuant to subdivision (b) bear to the total
number of airports for which credit is required to be made pursuant
to subdivision (b).
(d) No payment shall be made under this section to any public
entity for any airport on which general or commercial aviation
activities are substantially restricted if the airport is licensed to
conduct these activities by the department. The department shall
determine whether or not general or commercial aviation activities
are restricted.
(e) The department shall adopt rules and regulations and establish
procedures to effect prompt payment to public entities for eligible
airport projects from money credited pursuant to this section.
SEC. 9. Section 21682.1 is added to the Public Utilities Code, to
read:
21682.1. (a) (1) For purposes of this section, "authorized
alternative planning body" means an entity that is authorized to
adopt an airport land use compatibility plan pursuant to Article 3.5
(commencing with Section 21670), that is not an airport land use
commission, and includes each of the following:
(A) An appropriately designated body, so designated countywide by
the board of supervisors and the city selection committee of mayors
in the county pursuant to subdivision (a) or (b) of Section 21670.1.
(B) A city when undertaking planning pursuant to subdivision (d)
of Section 21670.1.
(C) A county, when the county has contracted with the Division of
Aeronautics for the preparation of an airport land use compatibility
plan pursuant to subdivision (e) of Section 21670.1.
(D) The county regional planning commission of the County of Los
Angeles when acting pursuant to Section 21670.2.
(E) The San Diego Regional Airport Authority when acting pursuant
to Section 21670.3.
(2) An "authorized alternative planning body" does not include a
county or city that makes a determination, pursuant to subdivision
(c) of Section 21670.1, that proper airport land use compatibility
planning can be accomplished without the formation of an airport land
use commission.
(b) When the division determines that funding is sufficient, the
division shall inform counties that do not have an operating airport
land use commission or authorized alternative planning body of the
availability of funds for airport land use commission startup costs,
and may grant fund moneys pursuant to Section 21682 for that purpose
to counties that apply for funding.
(c) Upon the second anniversary of the division providing notice
of the availability of funds pursuant to subdivision (b), a county
owned or operated airport in a county that does not have an operating
airport land use commission or authorized alternative planning body
shall not be eligible for funding pursuant to Section 21682 until
that county establishes an operating airport land use commission or
authorized alternative planning body. If an operating airport land
use commission or
authorized alternative planning body is thereafter established in
that county, each county owned or operated airport in that county
shall be eligible for prospective funding pursuant to Section 21682
and for not more than twenty thousand dollars ($20,000) of credited
funds.
(d) Upon the second anniversary of the division providing notice
of the availability of funds pursuant to subdivision (b), the
division shall not credit more than twenty thousand dollars ($20,000)
to the individual revolving fund subaccount of a county owned or
operated airport in a county that does not have an operating airport
land use commission or authorized alternative planning body. If an
operating airport land use commission or authorized alternative
planning body is thereafter established in that county, the
commission shall prospectively resume crediting of funds to the
individual revolving fund subaccount of each county owned or operated
airport in that county.
