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2003-04 First Extraordinary Session: The
following bills would amend the: a) Budget Acts
of 2002 or 2003, or b) California statutes, to implement
the budgetary changes.
1. ABX1 6 (Oropeza), SBX1
4, SBX1 17 (Senate Budget Committee), and
SBX1 9 (Chesbro): “Reductions in the Budget
Act of 2002 Relating to State and Local Government”:ABX1
6, SBX1 4, and SBX1 17 did not pass the Legislature,
and are no longer active. SBX1 9 did not have any
reductions or fund transfers related to aviation,
and is Chapter 3 of the Statutes of 2003-04, First
Extraordinary Session.
2. ABX1 11 (Oropeza) and SBX1
7 (Senate Budget Committee): “Reductions in
the Budget Act of 2002 Relating to State Government”:
These two “budget trailer bills” initially
had identical language relating to aviation, proposing
to amend the Public Utilities Code (PUC) in order
to implement proposed amendments to the Budget Act
of 2002. The PUC amendments in SBX1 7 would
have:
a) When appropriated by the Legislature,
permanently allowed the transfer of funds, for the
$10,000 Annual Credits, from the Aeronautics Account
to the General Fund, including any funds that public
entities owning the airports accumulated over a
five-year period;
b) Suspended the Annual Credits
for FY 2003-04; and
c) Permanently required the California
Transportation Commission (CTC), in awarding any
aviation grants to eligible airports, including
AIP Matching and A&D Grants, to give the highest
priority to security projects at general aviation
airports with less than 80,000 annual operations.
ABX1 11 deleted all the above
PUC amendments relating to aviation, and is Chapter
2 of the Statutes of 2003-04, First Extraordinary
Session. SBX1 7 is pending in the Assembly Committee
on Budget.
Budget and Trailer Bills for
FY 2003-04: AB 1746, AB 1748, and AB 1765
(Assembly Budget Committee), and SB 1048 (Senate
Budget Committee): AB1746 and AB 1748
are no longer related to aviation. AB 1765 is the
Budget Act of 2003, which included a transfer of
$4.8 million from the Aeronautics Account to the
General Fund for FY 2003-04, and is Chapter 157
of the Statutes of 2003-04. SB 1048 was amended
in the Assembly, to delete that transfer.
SB 1048 passed the Assembly, and is pending in the
Senate Committee on Rules.
2003-04 Regular
Session
1. AB 77 (LaSuer): “San
Diego County Regional Airport Authority (SDCRAA)”:
This bill would prohibit the SDCRAA from displacing
or interfering with existing aerial fire fighting
locations in the San Diego Region, when considering
the siting for an international airport. AB
77 is pending in the Assembly Committee on Local
Government.
2. AB 296 (Mullin): “Sound
Insulation”: Prior to Sept. 12, 2003,
this bill would have required:a) All newly constructed
public school buildings, including all newly manufactured
public school portable classrooms proposed to be
located on a new or existing schoolsite within a
65 dB CNEL aircraft noise contour, to be designed
to have a schooltime interior Leq of 45 dB from
aircraft operations; and b) The Leq would be from
the accumulated sound level for a particular time
period, such as an eight-hour schoolday.
After the Sept. 12 amendment, AB 296 is no longer
related to aviation.
3. AB 332 (Mullin): “Airports:
Land Use Commissions”: This bill:
a) Makes school districts
and community colleges subject to airport land use
law;
b) If a local agency plans to
overrule the airport land use commission (ALUC),
the local agency is required to, within 45
days of a public hearing, submit the specified findings
to the Department and the ALUC for their review
and comment; if the ALUC and Department submit
their comments within 30 days of receiving the documents,
the comments will become part of the public
record;
c) Changes “overrides”
to “overrules” in airport land use law;
and
d) Expresses the Legislature’s
intent to discourage incompatible land uses near
existing airports; local agencies planning to renovate
or construct public buildings will be required
to utilize various criteria in the Department’s
Airport Land Use Planning Handbook, and Federal
Aviation Regulation Part 77. AB 332 is Chapter
351 of the Statutes of 2003.
4.AB 487, AB 118 (Frommer),
and SB 300 (Torlakson):“Rental Car Impact
Fee:Traffic Congestion Relief Program”:AB
487 is the result of combining language from AB
118 and SB 300 in the closing days of the 2003 session.AB
487 would require rental car agencies to collect
a Vehicle License Transaction Fee of 2.71 percent,
to sunset on January 1, 2007, on the value of the
transaction, should the vehicle license fee be increased
above the level on January 1, 2003.An “Impact
Fee” of 2.29 percent, to sunset on January
1, 2009, would be imposed on each rental car transaction,
to mitigate the congestion caused by rental cars
on the state’s highways.The “Impact
Fee” revenues would be used to repay loans
made in recent budgets between the Traffic Congestion
Relief Program, the General Fund, and the State
Highway Account.Traffic congestion created by rental
cars at airports and tourist destinations would
generate revenues, in the judgment of the California
Transportation Commission, that would be exclusively
allocated to construction projects located at, in,
or near airports, tourist destinations, and locations
used by a high proportion of rental cars.AB 487
is on the Governor’s desk.
5. AB 530 (Mullin): “Aviation:
Noise”: This bill would, in subsequent
legislation, require each airport served by an airline
to mitigate airport noise through a collaborative
program between the airport and airlines to reach
operating performance goals in compliance with the
airport noise standards administered by the Department.
Assemblymember Mullin is chair of the Assembly Select
Committee on Aviation and the Airline Industry,
and held a hearing in Brisbane on February 27, 2003
on this issue.AB 530 has not yet been assigned to
a policy committee in the Assembly. The Legislature’s
rules state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
6. AB 694 (Levine): “Use
Tax: Vehicles, Vessels, and Aircraft”:
This bill would make a “rebuttable presumption”
that an aircraft purchased outside of California
(CA) would be subject to CA’s use tax, under
any of the following circumstances: a) It was purchased
by a CA resident; b) It was subject to the CA property
tax during the first 12 months of ownership; or
c) It was used or stored in CA more than ½ the time
during the first 12 months of ownership. This presumption
may be “controverted” by documentary
proof that the aircraft was purchased for use outside
of CA during the first 12 months of ownership.
If the aircraft is used in interstate or foreign
commerce, it would not be subject to the bill.
The bill would provide for an exemption for aircraft
brought into California for the purpose of repair,
retrofit, or modification, if the work is completed,
and less than 25 hours of air time has been logged
by the aircraft owner, or an agent designated by
the owner who is operating the aircraft. If
more than 25 hours is logged, then the aircraft
would be subject to the use tax. There would
not be a grace period allowed for avoidance of the
use tax. AB 694 is in the “Inactive”
file on the Senate Floor.
7. AB 721 (Matthews): “Urban
Growth Boundaries: Smart Growth Model Ordinance”:
This bill would require a city’s or county’s
general plan to establish a 20-year urban growth
boundary in the land use element for extension of
urban services. Expansion of the growth boundary
would be prohibited during that period unless certain
conditions are met. Local jurisdictions complying
with the updated preparation of the land use element
would be eligible for partial reimbursement. Funding
would be available for capital improvement projects
in the updated land use element with an urban growth
boundary. The Governor’s Office of Planning
and Research would be required to develop a state
“smart growth” model zoning ordinance.
The bill has not yet been assigned to a policy committee
in the Assembly. The Legislature’s rules
state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
8. AB 734 (Montanez):
"Large Venue Recycling Programs": This
bill would require a city or county to give funding
priority for establishing or expanding recycling
at "large venues", including airports, to provide
a "multiple material recycling bin" for every 500
visitors, based upon the daily visitor capacity
of the "large venue". AB 734 is pending in
the Assembly Committee on Natural Resources. The
Legislature’s rules state that a bill must
pass its house of origin by January 31 of the second
year of the two-year session, or 2004 for this bill.
9. AB 920 (Nakano): “Real
Estate Disclosures: Nuisance: Local Government”:
AB 2776, Chapter 496 of the Statutes of 2002,
established a city or county disclosure requirement
for real property in the vicinity of an airport
influence area, effective January 1, 2004. AB 920
would provide, after January 1, 2005, unless
a city or county adopts a different or additional
disclosure form, that an “Airport Influence
Area” map disclosure, or notice of an airport
within two statute miles, would satisfy the requirement
for disclosure of airports in transfers of real
property. AB 920 is pending on the Senate
Floor.
10. AB 1183 (Ridley-Thomas):
“California and Mexico Border Economic Infrastructure
Financing Authority”: The Legislature’s
intent is to recognize that due to the doubling
of population by 2020 in counties bordering Mexico,
transportation and other infrastructure needs must
be addressed. This bill would establish the above
Authority, which could be used to finance transportation,
including airports, and other infrastructure needs.
The bill is pending in the Assembly Committee
on Jobs, Economic Development, and the Economy.
The Legislature’s rules state that a bill
must pass its house of origin by January 31 of the
second year of the two-year session, or 2004 for
this bill.
11. AB 1221 (Steinberg and
Campbell): “Taxation”: If passed,
this bill would become the “California Balanced
Communities Act of 2003”. The bill is concerned
with the tax rates and distribution of revenues
from the sales and use tax and property tax, among
cities, counties, a city and county, districts,
school districts, community college districts, and
county offices of education. The Legislature’s
intent is for the state to maintain its aggregate
funding obligations, by modifying the aforementioned
revenue sources that are relied upon by the users
of the tax revenues. The bill is pending in the
Assembly Committee on Appropriations. The Legislature’s
rules state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
12. AB 1263 (Benoit): “Trespass”:
In accordance with federal law: a) A
person who intentionally avoids submission to screening
in a sterile area of an airport, and is responsible
for delays or cancellations of scheduled flights
due to the trespass; and b) If the sterile
area is posted with trespass signs at intervals
not less than three per mile along all exterior
boundaries and entrances, then the person is
punishable by imprisonment of not more than one
year in a county jail. AB 1263 is Chapter
361 of the Statutes of 2003.
13. AB 1532 (Nakano):
"Economic Development: Technology Programs":
This bill reflects the recent elimination of the
Technology, Trade and Commerce Agency, effective
January 1, 2004. It would transmit the California
Space Authority (CSA) from the TTCA to the Business,
Transportation, and Housing Agency. CSA fosters
activities that increase competitiveness of space
enterprise in California. The author is seeking
to continue the CSA in order to continue pursuit
of federal and private funds. This bill is
similar to SB 926. AB 1532 is on the Governor's
desk.
14. AB 1645 (Ridley-Thomas):
“Airports: Ground Transportation Security”:
The bill would require the California Public Utilities
Commission to establish security standards for driver
applicants and key employees to "charter-party carriers"
serving airports. LAX's Police requested legislation
to require criminal background checks of bus, van,
and limousine drivers at airports. AB 1645 is
held under submission in the Assembly Committee
on Appropriations. The Legislature’s rules
state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
15. AB 1717 (Transportation
Committee): “Omnibus Transportation Bill”:
AB 1717 would: a) Repeal
two obsolete requirements: 1) Implement a "smart
cockpit instrument display", and 2) Channelization
of airport applications for federal capital improvement
projects through the Department; b) Replace Capital
Improvement "Program" with "Plan"; and c) Allow
the Department to use nonfederal funds for the California
Aviation System Plan's Policy and Capital Improvement
Plan Elements. AB 1717 is Chapter 525 of
the Statutes of 2003.
16. ACR 56 (Nakano):
"California Space Day": The Legislature
requested Governor Davis to proclaim March 18, 2003
as "California Space Day", in recognition of the:
a) Contributions that space enterprise has made
and will continue to make in California; and b)
Economic value of space enterprise to the state's
economy and pledges to work with academic, local
government, and industry leaders to attract, retain,
and nurture space enterprise. ACR 56 is Resolution
Chapter 11 of 2003.
17. ACR 117 (Pacheco):
"Celebrating the 45th Anniversary of NASA":
The Legislature recognized the monumental achievements
of the National Aeronautical and Space Administration
(NASA) in exploration of the moon, and celebrated
the 45th anniversary of NASA. ACR 117 is Resolution
Chapter 143 of 2003.
18. AJR 10 (Garcia): “Imperial
County Airport”: This resolution memorialized
Congress to designate the Imperial County Airport
as an International Port of Entry; and requested
the Imperial County Board of Supervisors to direct
the County Airport Manager to pursue all appropriate
action to achieve the designation. AJR 10 is
Resolution Chapter 79 of 2003.
19.HR 33 (Runner) and SR
21 (Knight):“Selection of California Site
for Boeing Aircraft”: These resolutions
declared support for Boeing’s selection of
a site within the State of California as the final
assembly facility for the 7E7 jetliner.HR 33 was
adopted by the Assembly.SR 21 was adopted by the
Senate.
20. SB 541 (Torlakson):
"Motor Vehicle Fuel License Taxes: Diesel
Fuel Taxes": Existing law imposes an excise
tax on aviation gasoline of $.18 per gallon, which
was effective January 1, 1994. If the price
of gasoline is below $1.80 per gallon, this bill
would raise the tax each year according to the Consumer
Price Index (CPI), with the rate for 2004 calculated
for the period between 1994 and 2003. The
author estimated the tax would now be $.215 per
gallon. In FY 2001-02, 28.8 million gallons
of aviation gasoline were purchased in California.
Using that amount of fuel, the increase could have
generated an estimated $1 million annually.
SB 541 failed passage in the Senate Committee on
Transportation, but was granted reconsideration.
The Legislature’s rules state that a bill
must pass its house of origin by January 31 of the
second year of the two-year session, or 2004 for
this bill.
21. SB 593 (Ackerman): “Property
Taxation: State Assessment: Commercial Air Carrier
Personal Property”: Existing law imposes
taxes on commercial air carriers’ personal
property in each county; the carrier is defined
as “a person that operates an aircraft for
any commercial purpose for compensation”.
This bill would require, beginning in the 2005-06
Fiscal Year and each year thereafter, the Board
of Equalization (BOE) to assess commercial air carriers’
personal property on a statewide basis, including
the full market value of aircraft, and allocate
the revenues to the tax rate area(s) in the counties
in which the property is located. The BOE
would be required to audit the books and records
of a commercial air carrier every four years. The
Senate Committee on Appropriations’ staff
analysis of SB 593 stated: Approximately $100
million is currently collected on the assessment
of commercial aircraft (for local property tax purposes).
SB 593 is pending in the Suspense File of the Senate
Committee on Appropriations.The Legislature’s
rules state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
22. SB 806 (Sher): “General
Plans: Land Use: Circulation—Transportation
Element”: This bill would change the “Circulation
Element” to the “Transportation Element”,
which would be correlated to the land use element.
“Military Airports” are specifically
included in the “Transportation Element”.
SB 806 is in the Inactive File on the Senate
Floor. The Legislature’s rules state that
a bill must pass its house of origin by January
31 of the second year of the two-year session, or
2004 for this bill.
23. SB 924 (Karnette): “Global
Gateways Development Council”: This bill
would create, until January 1, 2011, the aforementioned
Council, to advise the Department, CTC, and regional
transportation planning agencies, concerning the
needs of commercial transportation in California.
The Council would report annually to the Legislature
and the Governor on the goods movement transportation
system. SB 924 is under submission in the Senate
Committee on Appropriations. The Legislature’s
rules state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
24. SB 926 (Knight):
"Technology Development": This bill would
transfer the space enterprise development program,
the California Space Authority, and a competitive
grant program for space enterprise from the Technology,
Trade and Commerce Agency to the Business, Transportation
and Housing Agency. This bill is similar to AB
1532. SB 926 is on the Assembly Floor.
25. SB 981 (Soto & Romero):
“Petroleum Pollution Cleanup and Prevention
Act of 2003”: Due to air quality problems
associated with transportation fuels, including
those used for internal combustion engines in aircraft,
this bill would impose a fee of $.30 per barrel
of crude oil that is consumed in the state. The
revenues would be sent to the Children’s Health
and Petroleum Pollution Remediation Trust Fund,
to provide funding for children’s health and
other mitigation programs. The bill is pending in
the Senate Committee on Revenue and Taxation. The
Legislature’s rules state that a bill must
pass its house of origin by January 31 of the second
year of the two-year session, or 2004 for this bill.
26. SB 998 (Bowen): “California
Economic Stimulus and Public Infrastructure Security
and Investment Bond Act”: This bill would
establish and give authority for issuing bonds for
the purpose of economic development, to be distributed
to nine regions of the state, which are similar
to the Technology, Trade and Commerce Agency’s
business regions. The bill is related to SB 924
and SB 981; the Freight Advisory Commission would
make recommendations on infrastructure improvements
within five miles of many facilities, including
airports.SB 998 is pending in the Senate Committee
on Governmental Organization. The Legislature’s
rules state that a bill must pass its house of origin
by January 31 of the second year of the two-year
session, or 2004 for this bill.
27. SB 1059 (Committee on
Revenue and Taxation): “Taxation: Aircraft
of Historical Significance”: Under existing
law, aircraft of historical interest which are displayed
to the public for 12 days out of the year, are not
held for sale, and do not use the aircraft for commercial
or general transportation purposes, are exempt from
the property tax. This bill would require the owner
of the aircraft to demonstrate proof of the aircraft’s
participation in the public event. The owner would
be required to attach a certificate of attendance
from the event coordinator.If the owner does
not file an affidavit for the exemption by February
15th, but files it by August 1st
of the tax year, the exemption will be reduced by
80 percent.This bill addresses other taxation
issues unrelated to aviation. SB 1059 is on the
Governor’s desk.
28. SCA 2 (Torlakson): “Local
Government: Sales Taxes: Transportation and Smart
Growth Planning”: This proposed Senate
Constitutional Amendment (SCA) would authorize a
county, city and county, a local transportation
authority, or a regional transportation planning
agency to submit an increase in the sales tax to
voters, for the purpose of funding transportation
projects and services related to smart growth planning.
SCA 2 passed the Senate, but has not yet been assigned
to a policy committee in the Assembly.
29. SCR 9 (Knight):“Space
Shuttle Columbia”:The Legislature formally
expresses its gratitude to Columbia's crew and their
families, and also all past, current, andfuture
astronauts for their bravery and selfless sacrifice
for the benefit of humankind; the Legislature affirms
its support for our nation's continued aggressive
world leadership in space exploration.SCR 9 is Resolution
Chapter 3 of 2003.
30.SCR 36 (Knight):“Centennial
of Flight”:The Legislature recognizes
the centennial anniversary of flight and encourages
cities, counties, and individual citizens to organize
activities in celebration of a century of flight.SCR
36 is Resolution Chapter 126 of 2003.
31. SJR 16 (Morrow) and
HR 23 (Parra/Dutton): "Military Air Fares":
These resolutions would urge all airline companies
in the United States to permanently establish, for
active duty military personnel, a reduced price
fare equal to, or lower than, the lowest fare offered
for each ticketed flight. SJR 16 has not yet
been assigned to a policy committee in the Senate. HR
23 was adopted by the Assembly.
32.SR 23 (Murray):“Aviation:El
Toro”:The California State Senate
requests the U. S. Navy and Department of Transportation
to preserve a national aviation asset by approving
the City of Los Angeles's offer to lease the El
Toro marine base and operate the facility as a civilian
passenger and cargo airport.SR 23 has not yet been
assigned to a policy committee in the Senate.
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