BILL NUMBER: AB 2333	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 13, 2002
	AMENDED IN SENATE  AUGUST 8, 2002
	AMENDED IN SENATE  JUNE 17, 2002
	AMENDED IN SENATE  JUNE 5, 2002
	AMENDED IN ASSEMBLY  MAY 16, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002
	AMENDED IN ASSEMBLY  APRIL 16, 2002

INTRODUCED BY   Assembly Member Nakano
   (Principal coauthor:  Senator Bowen)
   (Coauthors:  Assembly Members Horton, Longville, and Pavley)
   (Coauthor:  Senator Kuehl)

                        FEBRUARY 21, 2002

   An act to add Section 65081.2 to the Government Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2333, as amended, Nakano.  Transportation:  regional
transportation plans.
   Existing law requires a transportation planning agency to prepare
a regional transportation plan.  Under existing law, the agency is
additionally required to include an airport ground access improvement
program in the plan if its planning area includes a primary air
carrier airport.
   This bill would require the Southern California Association of
Governments (SCAG)  , in compiling the aviation component of its
regional transportation plan,  to provide for a fair share
distribution of the burdens of commercial aviation throughout the
SCAG region, thereby imposing a state-mandated local program.  The
bill would require SCAG to adhere to principles of environmental
justice by conforming to provisions of applicable state law in
developing the aviation program.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 that growth in passenger and
cargo air transportation at commercial airports in the Counties of
Los Angeles, Orange, San Bernardino, Ventura, Imperial, and Riverside
between now and 2025 will contribute to economic development and job
growth in the region.  The Legislature also finds that noise, air
quality, traffic, and other impacts associated with airports will
adversely affect the environment and quality of life in local
communities and may place an unfair burden on some communities unless
measures are taken to avoid this outcome.  Accordingly, the
Legislature finds and declares that it is in the interest of the
Counties of Los Angeles, Orange, San Bernardino, Ventura, Imperial,
and Riverside to distribute the burdens and benefits of commercial
aviation fairly throughout the region.
  SEC. 2.  Section 65081.2 is added to the Government Code, to read:

   65081.2.  (a) The Southern California Association of Governments
(SCAG) shall provide for a fair share distribution of the burdens of
commercial aviation throughout the SCAG region.  
   65081.2.  (a) In compiling the aviation component of its regional
transportation plan, the Southern California Association of
Governments (SCAG) shall provide for a fair share distribution of the
burdens of commercial aviation throughout the SCAG region as guiding
policy. 
   (b) In addition, SCAG shall adhere to principles of environmental
justice in the development of the regional transportation plan
aviation program to provide that a goal of the aviation program of
the regional transportation plan is that no ethnic or racial minority
or low-income community bears a disproportionate share of the
environmental burden of regional aviation activity.  For purposes of
this section, environmental justice shall be construed to conform
with the provisions of the applicable state law.  However, nothing
herein shall create a separate and independent cause of action
relating to environmental justice.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.