BILL NUMBER: AB 556 AMENDED as of August 17, 2005
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2005
AMENDED IN SENATE JUNE 28, 2005
AMENDED IN SENATE JUNE 15, 2005
AMENDED IN ASSEMBLY MAY 4, 2005
AMENDED IN ASSEMBLY APRIL 12, 2005
INTRODUCED BY Assembly Members Gordon and Jerome Horton
FEBRUARY 16, 2005
An act to add Article 6 (commencing with Section 21691) to Chapter
4 of Part 1 of Division 9 of the Public Utilities Code, relating to
aeronautics.
LEGISLATIVE COUNSEL'S DIGEST
AB 556, as amended, Gordon Airports: noise impacts.
(1) The State Aeronautics Act governs the establishment and
operation of airports in this state. The act requires the Department
of Transportation (department) to adopt noise standards governing the
operation of aircraft and aircraft engines based upon the level of
noise acceptable to a reasonable person residing in the vicinity of
the airport. Pursuant to that authority, the department has adopted
regulations requiring an airport proprietor, as defined, that
operates an airport with a noise impact area, as defined, that
exceeds specified airport noise standards, to apply for and receive a
variance, according to specified criteria and procedures.
This bill would require Los Angeles World Airports, the department
of the City of Los Angeles that owns and operates Los Angeles
International Airport, upon receipt of a notice of hearing on a
variance, to mail notice of the hearing to landowners, residents,
interested groups, local governments, and other public entities
within or partially within the noise impact area, as defined, for
which a variance is sought and provides for
would also require the publication of notice of the hearing by
Los Angeles World Airports at least 10 days prior to the hearing
. The bill would prohibit the Los Angeles World Airports from
conditioning the provision of noise mitigation measures upon the
beneficiary of the mitigation measure granting or relinquishing any
interest in real property, including an avigation easement or noise
easement.
(2) Under existing law, a violation of any provision of the act or
any of the rules or orders issued under the act, is a crime.
This bill, by imposing additional notification requirements upon
Los Angeles World Airports when seeking a variance, would
create a new crime the violation of which would be a
crime , thereby imposing a state-mandated local program.
(3) 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 a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The State Aeronautics Act was enacted to further and protect
the public interest in aeronautics and aeronautical progress.
(b) One of the means that the act employs to further and protect
the public interest is by assuring that persons residing in the
vicinity of airports are protected to the greatest possible extent
against intrusions by unreasonable levels of aircraft noise.
(c) The act requires the Department of Transportation to adopt
airport noise standards based on the level of noise acceptable to a
reasonable person residing in the vicinity of the airport.
(d) Pursuant to the act, the department has adopted a community
noise level equivalent of 65 decibels (dB) as the
airport noise standard.
(e) Pursuant to the act, airports are prohibited from operating in
areas with incompatible land uses such as residences, schools,
hospitals, and places of worship, where airport operations impose
noise impacts of 65 dB decibels daily
community noise equivalent level or more, unless the airport
proprietor has applied for and received a variance from the
department.
(f) In granting variances, the department is guided by the
underlying policy that the proprietor of each existing airport having
a noise impact area be required to develop and implement programs to
reduce the noise impact area of the airport to an acceptable degree
in an orderly manner over a reasonable period of time.
(g) As a condition of the variance, the airport proprietor is
required to implement programs to reduce the noise impact area
through suggested methods such as the application of acoustical
insulation, the voluntary acquisition of avigation easements, or the
acquisition of property. Pursuant to the act, property owners in the
noise impact area experiencing noise levels of 65 dB
decibels daily community noise equivalent level
or more are entitled to acoustical sound insulation.
(h) The Los Angeles International Airport (LAX) is owned and
operated by Los Angeles World Airports, a department of the City of
Los Angeles.
(i) LAX has an existing noise impact area consisting of an
estimated 21,849 residential dwelling units.
(j) Los Angeles World Airports has been engaged in soundproofing
residences in the noise impact area since 1984, for the purposes of
coming into compliance with state noise standards pursuant to the act
and state regulations.
(k) Los Angeles World Airports has completed residential
soundproofing on only 3,493 dwelling units in 21 years. Los Angeles
World Airports has converted 1,959 dwellings
dwelling units to compatible land use through land use
recycling, the least desirable means of achieving compliance with
state noise standards according to the act. There are approximately
21,849 dwelling units remaining in the LAX noise impact area that
have not yet been soundproofed.
(l) There are an estimated 68,834 residents living in dwelling
units within the LAX noise impact area that
who have not yet received relief from airport noise through
sound insulation. Approximately 33,507 residents in the LAX noise
impact area that have not yet received relief from airport noise
through sound insulation reside in the predominantly low-income and
minority communities of South Central and South East Los Angeles,
Lennox, and Athens.
(m) Los Angeles World Airports requires property owners in the LAX
noise impact area to grant an avigation easement in exchange for
soundproofing to which they are already entitled pursuant to the act.
(n) The Los Angeles World Airports' policy of requiring avigation
easements in exchange for soundproofing funds is a barrier to
soundproofing efforts because homeowners are reluctant to waive their
property rights in order to participate in soundproofing programs
administered by or through Los Angeles World Airports.
SEC. 2. Article 6 (commencing with Section 21691) is added to
Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, to
read:
Article 6. Los Angeles International Airport Noise Standards
Compliance
21691. For purposes of this article, the following terms have the
following meanings:
(a) "Airport" means the Los Angeles International Airport.
(b) "Los Angeles World Airports" means the department of the City
of Los Angeles that owns and operates the Los Angeles International
Airport.
(c) "Noise impact area" means those portions of the areas
contiguous to an airport that are subjected to a daily average noise
level of more than 65 decibels resulting from aircraft, as measured
on the community noise equivalent level, and have incompatible land
uses within the noise impact area boundary.
21691.2. Los Angeles World Airports shall not, as a condition of
the provision of any noise mitigation measure, including sound
insulation, require the beneficiary of the mitigation measure to
grant or relinquish any interest in real property, including an
avigation easement or noise easement, relative to noise impacts on
the beneficiary's real property.
21691.4. Upon receipt of notice of hearing pursuant to Section
5055 of Title 21 of the California Code of Regulations, Los Angeles
World Airports shall mail or deliver notice of the hearing
to landowners, residents, interested groups, local governments, and
other public entities within , or partially within ,
the noise impact area of the airport for which a variance is
sought. Los Angeles World Airports shall also publish notice of a
hearing to be held pursuant to Section 5055 of Title 21 of the
California Code of Regulations in at least one newspaper of general
circulation that serves subscribers in the area in which both the
airport and the noise impact area are located at least 10 days
prior to the hearing . The notice shall include ,
the information specified in Section 65094 of the
Government Code.
SEC. 3. The Legislature finds and declares that, because of the
unique circumstances applicable only to the Los Angeles International
Airport, and the need to provide more timely relief to homeowners
and other property owners from harmful noise and adverse impacts
associated with airport operations, a statute of general
applicability cannot be enacted within the meaning of subdivision (b)
of Section 16 of Article IV of the California Constitution.
Therefore, this special statute is necessary.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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 XIII B of the California
Constitution.
BILL ANALYSIS as of June 15, 2005
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 556
SENATOR TOM TORLAKSON, CHAIRMAN AUTHOR: gordon
VERSION: 6/15/05
Analysis by: Randall Henry
FISCAL:yes
SUBJECT:
Los Angeles International Airport: noise impacts.
DESCRIPTION:
This bill would codify into state law existing state regulations
relating to statewide airport noise standards and noise variance
provisions and apply those requirements only to the Los Angeles
International Airport. In addition, the measure would impose
more stringent public notice requirements regarding noise
variance hearings and prohibit the airport from requiring
recipients of funding for noise mitigation purposes to waive
certain easement rights.
ANALYSIS:
Existing law:
Provides that the State Aeronautics Act governs the
establishment and operation of airports in the state.
Requires the Department of Transportation, as part of
the act, to adopt noise standards governing the operation
of aircraft and aircraft engines based upon the level of
noise acceptable to a reasonable person residing in the
vicinity of the airport.
Requires an airport proprietor that operates an airport
with a noise impact area that exceeds specified airport
noise standards to apply for and receive a variance,
according to specified criteria and procedures.
This bill would :
Prohibit the Los Angeles World Airports, which operates
the Los Angeles International Airport, from operating an
airport having a noise impact area unless the Los Angeles
AB 556 (GORDON) Page 2
World Airports has applied and received a variance from
noise standards in effect on January 1, 2006, for a period
not exceeding 3 years, in accordance with prescribed
procedures, including a provision for a public hearing.
Authorize the Department of Transportation, upon
granting a variance, to impose reasonable conditions to
achieve the purpose of attaining a level of noise
acceptable to a reasonable person residing in the vicinity
of the airport.
Provide a procedure for the Los Angeles World Airports
to apply for the extension of the variance.
Prohibit the Los Angeles World Airports from
conditioning the provision of noise mitigation measures
upon the owner of real property providing an easement.
BACKGROUND:
The Department of Transportation, Division of Aeronautics, is
responsible for enhancing airport safety, encouraging compatible
land use around airports, and increasing individual airport
capabilities and expanding system capacity. Specifically, the
division is charged with the following responsibilities:
Inspecting airports and heliports for compliance with
safety standards, and performing other safety functions.
Developing and updating a plan that coordinates the
state's aviation system.
Providing state grants and loans to cities, counties,
districts, and airport land use commissions for airport
development, pavement maintenance, and preparation of
airport land use compatibility plans.
Administering the California Airport Noise Program, and
reviewing the California Environmental Quality Act
regarding construction projects located at or near airport
facilities.
The noise standards established as part of the California
Airport Noise Program are designed to "provide a positive basis
to work toward resolving existing noise problems and to prevent
new ones by providing a useful tool for land use planning." The
standards are applicable to any airport that is determined to
have noise problem by the local board of supervisors. At this
time, ten airports in the state have been deemed to have a noise
problem by the local board, including most notably the Los
Angeles International Airport.
AB 556 (GORDON) Page 3
The standards employ a noise description method, Community Noise
Equivalent Level (CNEL), which takes into account the noise
emitted by all aircraft activity at the airport facility.
Measurements, using appropriate recording and noise detection
devices, are taken of the noise level of each aircraft event at
an airport, the duration of the event, and when the event
occurred. The noise events are then totaled and a noise
average, or CNEL value, is determined for a 24-hour period.
An airport is prohibited from allowing a noise level with a CNEL
value of 65 decibels or more if certain building structures,
such as residences, schools, hospitals, or places of worship,
are located within a stipulated noise boundary, noise contour
line, surrounding the airport facility. If the 65 decibel level
is exceeded, the airport operator is required to seek an
operational variance from the Department of Transportation. Any
such variance requires the airport operator to reduce the noise
level to an acceptable degree over a reasonable period of time,
including methodologies such as application of acoustical
insulation, acquisition of aviation easements, and acquisition
of real property. Under the various process, the department,
however, is not empowered to "regulate such things as the
maximum noise level of an aircraft in flight, the route of an
aircraft, the altitude of an aircraft, the time of day of the
flight of an aircraft (curfew), the procedures used by the
flight crew, and other similar restrictions affecting the flight
of an aircraft."
COMMENTS:
1. Purpose of the bill. The author is concerned about the
problem of aircraft noise on the communities surrounding
the Los Angeles International Airport (LAX). He is
particularly concerned about the laxity of the current
noise variance process that permits the airport facility to
continue to operate without significant repercussions
despite exceeding noise restrictions. In addition, he
considers certain mitigation efforts of the airport, most
particularly soundproofing of surrounding dwellings, to be
"abysmal."
In that regard, the bill would do the following
specifically concerning only the LAX
facility: codify into state law existing regulations
relating to noise standards and noise
variances, expand the public notice requirements
AB 556 (GORDON) Page 4
relating to a hearing on a proposed
variance, and prohibit the airport from requiring
persons residing in the noise impact
area to waive future litigation rights against the
airport in order to receive funding for
soundproofing purposes.
2. LAX Master Plan and mitigation. This bill stems in part
from the controversy surrounding the reformulation of the
LAX Master Plan in light of the wide scale passenger and
freight increases that are anticipated over the next
several years. LAX officials have estimated that the
airport will need to accommodate something over 100 million
passengers and more than 4 million tons of cargo by 2020,
which represents nearly double the traffic that the
facility now handles. Earlier this month, the Federal
Aviation Administration approved the $11 billion expansion
and modernization plan for the airport proposed by Mayor
James Hahn, which includes the construction of a new ground
transportation center, a people-mover system, a rental car
facility, the relocation of one of the airport's main
runways, and $500 million for the mitigation of noise and
air pollution. The plan is being challenged, however, in a
legal suit brought by the City of El Segundo in which the
city contends the plans fails to adequately analyze the
impacts of the traffic, noise, and other effects of the
expansion. It can probably assumed, however, as long as
large scale diversion of passengers and freight to other
Southern California airports is not undertaken, the LAX
facility will be most likely accommodating significant
additional traffic, further worsening the noise problems
and increasing the legal and administrative challenges at
this facility.
In addition, the measure stems from concerns regarding the
efforts of the airport to mitigate the overall noise level
of aircraft using the facility. As part of the variance
agreement, LAX is required to undertake various measures to
reduce aircraft noise surrounding the airport facility,
some 2.2 square miles (1,413 acres), including
soundproofing dwellings located in the "noise impact area."
The author contends, however, that only a small number of
dwellings have been mitigated since the inception of the
program, and an unacceptable number of dwellings remain to
be insulated by the airport, some 27,546 dwelling units,
which house 88,917 persons.
AB 556 (GORDON) Page 5
As reported in LAX's "Aircraft Noise Mitigation Program"
(2003), the airport noted the following mitigation
achievements to date regarding this effort:
Single Family Multi-family
Number of dwelling units needing insulation:
7,236 18,693
Area in acres:
1,047 774
Dwellings proposed for sound insulation:
6,859 16,103
Estimated unit insulation cost (average):
$25,954 $15,285
Estimated total cost:
$142 million $197 million
Average annual units to be insulated:
1,083
Estimated completion time:
17 years
Dwellings proposed for recycling:
377 2,590
Average annual units to be recycled:
164
Estimated completion time:
18 years
Total dwelling units mitigated :
5,452
Airport officials also report that the facility has
implemented a number of noise control
measures at the LAX facility in the following areas:
runway use procedures, over-ocean
operations, helicopter operating procedures,
maintenance restrictions, aircraft turn
restrictions, noise complaint response program,
in-flight monitoring program, and land
use mitigation program.
3. Codifying regulations. This bill would codify into
state law existing state regulations that concern airport
operational noise standards and the variance process for
facilities that exceed those standards, but only for the
Los Angeles International Airport. Those provisions
AB 556 (GORDON) Page 6
include (omits provision authorizing a county to declare
that an airport within its boundaries has a noise problem):
Definitions: "daily community noise equivalent
level," "incompatible land uses," "noise impact area,"
"noise impact area boundary," and "noise level."
Specify the procedures for applying for noise
variance, and provide such a variance is valid for
three years.
Specify the considerations the Department of
Transportation may employ regarding the granting of
noise variance.
Specify the provisions relating to a public
hearing regarding the variance application.
1. New provisions. The bill, however, includes two new
significant provisions, which are as follows:
a) It would impose additional public notice
requirements on the airport when a public hearing is
called regarding a variance request. Current provisions
require the department to conduct a public hearing on its
own motion or upon the request of a person residing in
the noise impact area. "Any person may obtain from the
department information on pending requests for variances
at any time."
The author contends that the "(c)urrent regulations
provide inadequate opportunity for impacted community
members to become aware of and participate in LAX's noise
variance process by imposing minimal noticing
requirements on airport proprietors."
In light of those concerns, the first provision would
read as follows:
Upon receipt of the notice of hearing date, the
Department of Airports
shall mail notice of the hearing to landowners,
residents, interested
groups, local governments, and other public agencies
within, or otherwise associated with, the noise
impact are of the airport for which the variance
is sought. The Department of Airports shall also
publish notice of a hearing
in at least one newspaper of general circulation that
AB 556 (GORDON) Page 7
serves subscribers in the area in which both the
airport and the noise impact area are located. The
notice
shall include, but is not limited to, the information
specified in (current law).
b) The author indicates that LAX requires recipients of
funds from the airport for soundproofing of dwellings to
sign a stipulation that the person will not initiate
litigation against the airport in the future regarding
excessive aircraft noise and other related matters. "The
easement stipulates that the property owner waives, in
perpetuity, the right to sue the airport proprietor for
property damage, personal injuries, emotional distress or
other adverse impacts arising from aircraft operations,
including noise, vibrations, smoke, fumes and soot."
In light of this litigation restriction, the second
provision reads as follows:
(Los Angeles International Airport) shall not
condition the provision
of noise mitigation measures upon the owner of real
property providing
an easement, including an avigation easement.
("Avigation" is defined
as "airborne operation and navigation of aircraft."
"Easement" is defined
as "a right afforded a person to make limited use of
another's property, as
the right of way.")
1. Policy questions. The committee may wish to consider
the following policy issues:
Should the Legislature codify into state law
existing state regulations for a single entity?
Should the bill be only limited to the provisions
regarding public notice and easements? If so, should
these provisions be applied solely to the LAX facility
or should they have statewide application? What are the
implications of prohibiting avigation easements?
Assembly Votes:
Floor: 52-25
Appr: 13-5
AB 556 (GORDON) Page 8
Trans: 9-3
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 15, 2005.)
SUPPORT: Alliance for a Regional Solution to Airport
Congestion
City of Inglewood
Concerned Residents Against
Airport Pollution
Hon. Don Knabe, Supervisor,
County of Los Angeles
Mothers Against Airport
Pollution
Westchester Neighbors
Association
Individual letters
OPPOSED: City of Los Angeles
Los Angeles Area Chamber of
Commerce
Sacramento County
San Diego Regional Airport
Authority