Public Utilities Code, 1951

This section excludes certain airport types from the article and lets the department exempt other airport classes when the rule would be an undue burden and is not needed for public safety.

New airport applications cannot be submitted unless the construction plan has first been approved locally and then submitted to, and acted upon by, the appropriate commission. County boards or city councils may delegate approval for helicopter landing and takeoff area plans to a local planning agency.

Before acquiring land for an airport expansion, the acquiring entity must submit an expansion plan to the county board of supervisors or city council, which must hold a public hearing and then approve or disapprove it.

The department may issue certain airport permits, and no fee may be charged for issuing any permit.

A public-safety-agency officer may designate a helicopter landing/takeoff area near a medical emergency and at a medical facility, following regulations tied to Section 21243.

Medical emergency flights are exempt from certain local airport ordinances, and airports may charge for added costs caused by those flights.

Helicopters may not land or depart within 1,000 feet of qualifying schools unless approved, except at permitted permanent heliports or designated emergency medical service landing sites.

Operating an airport is unlawful unless the department has issued the required airport permit and it has not been revoked.

Before building, establishing, or expanding an airport, the applicant must get the department’s permit and include required location information in the application.

An existing airport expansion generally needs an amended airport permit.

The department must issue an airport permit if the listed requirements are met, and a denied applicant can request a hearing.

The department may revoke an airport permit if listed conditions are met, but it generally must give prior notice or a hearing first.

The department may suspend an airport permit or require part of an airport’s operations to stop instead of revoking the permit, but it generally must give prior notice or a hearing unless it makes a written public-safety finding for summary suspension.

The department must adopt noise standards for aircraft and aircraft engine operations at airports with a valid department permit, unless federal law prohibits it.

Land use conversion involving existing residential communities is generally considered the least desirable way to comply with noise standards regulations.

The department must follow these airport-noise guidelines in its deliberations.

Regulations that create a noise monitoring program for an airport entering service after November 30, 1971 take effect when the airport begins service.

Aircraft noise-standard violations are misdemeanors with a $1,000 fine per infraction, and airport operators must provide information and reimburse county noise-enforcement costs.

This section defines avigation easements and related terms, and sets deadlines and fees when a noise-sensitive project is approved with an airport easement condition.

Hearings required under specified airport-regulation sections, or related regulations, must be conducted under Chapter 5 of the Government Code.

Counties with qualifying airports must establish an airport land use commission, unless the county board declares an exemption by resolution under the stated conditions.

This section lets a county avoid forming an airport land use commission if specified local bodies make the required determinations, but it also requires substitute planning processes and state review in several situations.

In Los Angeles County, the county regional planning commission coordinates airport planning, may receive appeals when planning impasses occur, and must adopt the required airport land use compatibility plans by January 1, 1992.

In San Diego County, the San Diego County Regional Airport Authority must prepare, adopt, and amend airport land use compatibility plans for each airport and use a public collaborative planning process when doing so.

For an intercounty airport, the affected counties’ boards of supervisors and city selection committees may establish a single separate airport land use commission or designate an existing entity to serve that role.

A superior court action relating to this article may be handled through mediation under the Government Code mediation chapter.

In certain counties with a public airport owned by another county or by a city or district in another county, two specific local bodies must appoint two of the airport commission representatives.

This section sets how airport land use commission members are appointed, removed, and replaced, and it governs meetings, compensation, staffing, and fee authority.

Each commission must adopt rules and regulations for temporary member disqualification due to conflicts of interest and for appointing substitute members.

If a county has no airport commission or similar body, an owner of a public airport may start proceedings to create one by asking the board of supervisors and showing the need to its satisfaction.

The commission has powers and duties to help local agencies, coordinate planning, adopt an airport land use compatibility plan, and review certain local agency and airport operator actions, but it cannot be construed as having jurisdiction over airport operations.

The Department of Transportation must develop and implement programs to help train and develop airport land use commission staff, and it may offer those programs by any appropriate means.

Airport land use commissions must use the planning handbook when preparing or changing compatibility plans, and local agencies should be guided by airport-compatible criteria when issuing certain building permits.

Each commission must adopt an airport land use compatibility plan, keep it updated, and send copies and amendments to the Division of Aeronautics.

Commissions must adopt airport land use compatibility plans by the stated deadline, and until a plan exists, cities and counties must submit nearby actions, regulations, and permits for commission review and approval.

If the commission does not act within 60 days, the applicant may go to court; public notice can extend the deadline and is required for deemed approval.

Local agencies and airport-related public agencies must refer certain plans or changes to the airport land use commission, and the commission must act within set deadlines.

The airport land use commission can require further local agency review in some cases, and the local agency must hold a hearing, give advance notice and copies, and use a two-thirds vote for any override.

A Marin County public agency may overrule the Marin County Airport Land Use Commission by majority vote, but it must first send the proposed decision and findings to the commission and the division at least 45 days ahead of time.

If a public agency overrules a commission’s action or recommendation for a publicly owned airport it does not operate, the airport operator is immune from liability for related property damage or personal injury.

This section lets an interested party ask a court to delay certain local land-use actions near an airport, and it lets the court issue that delay order unless the local agency shows its general and specific plans already satisfy airport compatibility purposes.

This section limits when certain land-use-related actions about airport areas may be started, and it sets deadlines tied to airport land use compatibility plans and related lawsuits.

The Aeronautics Fund continues as the Aeronautics Account in the State Transportation Fund, and the money in the account is continuously appropriated for expenditure by the board and the department as provided in this article.

This section defines key airport-funding terms, including “own and operate,” “matching funds,” “general aviation,” “public entity,” “public agency,” “airport and aviation purposes,” “operation and maintenance,” and “enplanement.”

The department must set up airport subaccounts, credit qualifying airports annually, and adopt procedures for prompt payment. Airport payments generally cannot be transferred unless the department authorizes it.

The department must pay a calculated amount from the Aeronautics Account to the Transportation Planning and Development Account.

Public entities may apply yearly for airport acquisition or development funds, and the commission may allocate funds if the project is feasible and follows department rules and standards.

The commission may use remaining Aeronautics Account money to help match federal airport grants, but only for certain airports and only after the public entity accepts the grant offer.

The commission may use any remaining balance in the Aeronautics Account for airport and aviation purposes, after specified payments and subject to Section 21684.

Payments under this article require special aviation funds and specified deposits or matching funds.

The department may use leftover Aeronautics Fund money to buy emergency search and rescue equipment and make it available to recognized search and rescue groups, but no more than $8,000 may be spent for that purchase.

The department may allocate funds to public agencies for airport construction, even though this article normally requires matching funds.

The department may allocate funds to a county or city for recreational airports or reliever training airstrips if the county or city provides the land and operates and maintains all facilities.

A public entity may use money from its special aviation fund to pay a local state college or University of California branch, and the money must be spent within the public entity paying it.

Public entities that receive payments or allocations under this article must periodically audit their books and records when the department deems it necessary.

If an airport paid for from the Aeronautics Account closes to the public for more than one year, the receiving public entity must repay the state funds calculated by the department.

Airport funds may not be used for an airport if the department finds the airport’s height restrictions are inadequate for safe takeoff and landing without hazards.

A local agency must still comply with any required state or local competitive bidding or public hearing rules before awarding or entering into a bid, agreement, or lease.