The bill would require the Attorney General to investigate the alleged violation if the district attorney fails to investigate the request within 90 days. The bill also would require any costs incurred by the district attorney or the Attorney General in implementing these provisions to be reimbursed by the operator of the airport. Thus, to the extent the bill would require reimbursement from airport operators who are local entities, the bill would impose a state-mandated local program. In addition, because a violation of the act is a crime, the bill would impose a state-mandated local program by creating new crimes. 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 specified reasons. The owner and operator of the airport shall participate in the hearing. If a recommended published flight path for aircraft for an airport operating pursuant to a variance is scheduled to change, the airport shall make every reasonable effort to notify the residents and businesses that will be affected by that change at least 15 days before the date that the change will take effect. If a district attorney fails to investigate a request pursuant to this section within 90 days of receiving that request, the Attorney General shall investigate the alleged violation of the terms of the variance. This section does not apply to any airport that is located 50 miles or less from an international border.