reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21670.3.

21670.3. (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established pursuant to Section 170002, shall be responsible for the preparation, adoption, and amendment of an airport land use compatibility plan for each airport in San Diego County.
(b) The San Diego County Regional Airport Authority shall engage in a public collaborative planning process when preparing and updating an airport land use compatibility plan.
(Amended by Stats. 2007, Ch. 287, Sec. 2. Effective January 1, 2008.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21670.4.

21670.4. (a) As used in this section, “intercounty airport” means any airport bisected by a county line through its runways, runway protection zones, inner safety zones, inner turning zones, outer safety zones, or sideline safety zones, as defined by the department’s Airport Land Use Planning Handbook and referenced in the airport land use compatibility plan formulated under Section 21675.
(b) It is the purpose of this section to provide the opportunity to establish a separate airport land use commission so that an intercounty airport may be served by a single airport land use planning agency, rather than having to look separately to the airport land use commissions of the affected counties.
(c) In addition to the airport land use commissions created under Section 21670 or the alternatives established under Section 21670.1, for their respective counties, the boards of supervisors and city selection committees for the affected counties, by independent majority vote of each county’s two delegations, for any intercounty airport, may do either of the following:
(1) Establish a single separate airport land use commission for that airport. That commission shall consist of seven members to be selected as follows:
(A) One representing the cities in each of the counties, appointed by that county’s city selection committee.
(B) One representing each of the counties, appointed by the board of supervisors of each county.
(C) One from each county having expertise in aviation, appointed by a selection committee comprised of the managers of all the public airports within that county.
(D) One representing the general public, appointed by the other six members of the commission.
(2) In accordance with subdivision (a) or (b) of Section 21670.1, designate an existing appropriate entity as that airport’s land use commission.
(Amended by Stats. 2002, Ch. 438, Sec. 12. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21670.6.

21670.6. Any action brought in the superior court relating to this article may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title 7 of the Government Code.
(Added by Stats. 2010, Ch. 699, Sec. 37. (SB 894) Effective January 1, 2011.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21671.

21671. In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the representatives provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city selection committee of mayors of the cities of the county in which the owner of that airport is located, and one of the representatives provided by paragraph (2) of subdivision (b) of Section 21670 shall be appointed by the board of supervisors of the county in which the owner of that airport is located.
(Amended (as amended by Stats. 1984, Ch. 1117, Sec. 4) by Stats. 1987, Ch. 1018, Sec. 5.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21672.

21672. Each commission shall adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of a proposal because of conflict of interest and with respect to appointment of substitute members in such cases.
(Added by Stats. 1967, Ch. 852.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21673.

21673. In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate proceedings for the creation of a commission by presenting a request to the board of supervisors that a commission be created and showing the need therefor to the satisfaction of the board of supervisors.
(Amended by Stats. 1987, Ch. 1018, Sec. 8.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21674.

21674. The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses.
(b) To coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare.
(c) To prepare and adopt an airport land use compatibility plan pursuant to Section 21675.
(d) To review the plans, regulations, and other actions of local agencies and airport operators pursuant to Section 21676.
(e) The powers of the commission shall in no way be construed to give the commission jurisdiction over the operation of any airport.
(f) In order to carry out its responsibilities, the commission may adopt rules and regulations consistent with this article.
(Amended by Stats. 2002, Ch. 438, Sec. 14. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21674.5.

21674.5. (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land use commissions, after consulting with airport land use commissions, cities, counties, and other appropriate public entities.
(b) The training and development program or programs are intended to assist the staff of airport land use commissions in addressing high priority needs, and may include, but need not be limited to, the following:
(1) The establishment of a process for the development and adoption of airport land use compatibility plans.
(2) The development of criteria for determining the airport influence area.
(3) The identification of essential elements that should be included in the airport land use compatibility plans.
(4) Appropriate criteria and procedures for reviewing proposed developments and determining whether proposed developments are compatible with the airport use.
(5) Any other organizational, operational, procedural, or technical responsibilities and functions that the department determines to be appropriate to provide to commission staff and for which it determines there is a need for staff training or development.
(c) The department may provide training and development programs for airport land use commission staff pursuant to this section by any means it deems appropriate. Those programs may be presented in any of the following ways:
(1) By offering formal courses or training programs.
(2) By sponsoring or assisting in the organization and sponsorship of conferences, seminars, or other similar events.
(3) By producing and making available written information.
(4) Any other feasible method of providing information and assisting in the training and development of airport land use commission staff.
(Amended by Stats. 2004, Ch. 615, Sec. 3. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21674.7.

21674.7. (a) An airport land use commission that formulates, adopts, or amends an airport land use compatibility plan shall be guided by information prepared and updated pursuant to Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation.
(b) It is the intent of the Legislature to discourage incompatible land uses near existing airports. Therefore, prior to granting permits for the renovation or remodeling of an existing building, structure, or facility, and before the construction of a new building, it is the intent of the Legislature that local agencies shall be guided by the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, to the extent that the criteria has been incorporated into the plan prepared by a commission pursuant to Section 21675. This subdivision does not limit the jurisdiction of a commission as established by this article. This subdivision does not limit the authority of local agencies to overrule commission actions or recommendations pursuant to Sections 21676, 21676.5, or 21677.
(Amended by Stats. 2003, Ch. 351, Sec. 2. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21675.

21675. (a) Each commission shall formulate an airport land use compatibility plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general. The commission’s airport land use compatibility plan shall include and shall be based on a long-range master plan or an airport layout plan, as determined by the Division of Aeronautics of the Department of Transportation, that reflects the anticipated growth of the airport during at least the next 20 years. In formulating an airport land use compatibility plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the airport influence area. The airport land use compatibility plan shall be reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year.
(b) The commission shall include, within its airport land use compatibility plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any military airport for all of the purposes specified in subdivision (a). The airport land use compatibility plan shall be consistent with the safety and noise standards in the Air Installation Compatible Use Zone prepared for that military airport. This subdivision does not give the commission any jurisdiction or authority over the territory or operations of any military airport.
(c) The airport influence area shall be established by the commission after hearing and consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of the department one copy of the airport land use compatibility plan and each amendment to the plan.
(e) If an airport land use compatibility plan does not include the matters required to be included pursuant to this article, the Division of Aeronautics of the department shall notify the commission responsible for the plan.
(Amended by Stats. 2004, Ch. 615, Sec. 4. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21675.2.

21675.2. (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section 21675.1, the applicant or his or her representative may file an action pursuant to Section 1094.5 of the Code of Civil Procedure to compel the commission to act, and the court shall give the proceedings preference over all other actions or proceedings, except previously filed pending matters of the same character.
(b) The action, regulation, or permit shall be deemed approved only if the public notice required by this subdivision has occurred. If the applicant has provided seven days advance notice to the commission of the intent to provide public notice pursuant to this subdivision, then, not earlier than the date of the expiration of the time limit established by Section 21675.1, an applicant may provide the required public notice. If the applicant chooses to provide public notice, that notice shall include a description of the proposed action, regulation, or permit substantially similar to the descriptions which are commonly used in public notices by the commission, the location of any proposed development, the application number, the name and address of the commission, and a statement that the action, regulation, or permit shall be deemed approved if the commission has not acted within 60 days. If the applicant has provided the public notice specified in this subdivision, the time limit for action by the commission shall be extended to 60 days after the public notice is provided. If the applicant provides notice pursuant to this section, the commission shall refund to the applicant any fees which were collected for providing notice and which were not used for that purpose.
(c) Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to 65946, inclusive, of the Government Code, may constitute grounds for disapproval of actions, regulations, or permits.
(d) Nothing in this section diminishes the commission’s legal responsibility to provide, where applicable, public notice and hearing before acting on an action, regulation, or permit.
(Added by Stats. 1989, Ch. 306, Sec. 5.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21676.5.

21676.5. (a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its governing body after making specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670, the commission may require that the local agency submit all subsequent actions, regulations, and permits to the commission for review until its general plan or specific plan is revised or the specific findings are made. If, in the determination of the commission, an action, regulation, or permit of the local agency is inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall hold a hearing to reconsider its plan. The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body.
(b) Whenever the local agency has revised its general plan or specific plan or has overruled the commission pursuant to subdivision (a), the proposed action of the local agency shall not be subject to further commission review, unless the commission and the local agency agree that individual projects shall be reviewed by the commission.
(Amended by Stats. 2003, Ch. 351, Sec. 4. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21677.

21677. Notwithstanding the two-thirds vote required by Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use Commission by a majority vote of its governing body. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the public agency governing body may act without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the commission and the division in the public record of the final decision to overrule the commission, which may be adopted by a majority vote of the governing body.
(Amended by Stats. 2003, Ch. 351, Sec. 5. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21678.

21678. With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission’s action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency’s decision to overrule the commission’s action or recommendation.
(Amended by Stats. 2003, Ch. 351, Sec. 6. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21679.

21679. (a) In any county in which there is no airport land use commission or other body designated to assume the responsibilities of an airport land use commission, or in which the commission or other designated body has not adopted an airport land use compatibility plan, an interested party may initiate proceedings in a court of competent jurisdiction to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, that directly affects the use of land within one mile of the boundary of a public airport within the county.
(b) The court may issue an injunction that postpones the effective date of the zoning change, zoning variance, permit, or regulation until the governing body of the local agency that took the action does one of the following:
(1) In the case of an action that is a legislative act, adopts a resolution declaring that the proposed action is consistent with the purposes of this article stated in Section 21670.
(2) In the case of an action that is not a legislative act, adopts a resolution making findings based on substantial evidence in the record that the proposed action is consistent with the purposes of this article stated in Section 21670.
(3) Rescinds the action.
(4) Amends its action to make it consistent with the purposes of this article stated in Section 21670, and complies with either paragraph (1) or (2), whichever is applicable.
(c) The court shall not issue an injunction pursuant to subdivision (b) if the local agency that took the action demonstrates that the general plan and any applicable specific plan of the agency accomplishes the purposes of an airport land use compatibility plan as provided in Section 21675.
(d) An action brought pursuant to subdivision (a) shall be commenced within 30 days of the decision or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever is longer.
(e) If the governing body of the local agency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the airport shall be immune from liability for damages to property or personal injury from the local agency’s decision to proceed with the zoning change, zoning variance, permit, or regulation.
(f) As used in this section, “interested party” means any owner of land within two miles of the boundary of the airport or any organization with a demonstrated interest in airport safety and efficiency.
(Amended by Stats. 2002, Ch. 438, Sec. 21. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 3.5 - Airport Land Use Commission › Section 21679.5.

21679.5. (a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport, shall be commenced in any county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan.
(b) If a commission has been prevented from adopting the airport land use compatibility plan by June 30, 1991, or if the adopted airport land use compatibility plan could not become effective, because of a lawsuit involving the adoption of the airport land use compatibility plan, the June 30, 1991, date in subdivision (a) shall be extended by the period of time during which the lawsuit was pending in a court of competent jurisdiction.
(c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan, which has not proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission or other designated body adopts an airport land use compatibility plan on or before June 30, 1991, the action shall be dismissed. If the commission or other designated body does not adopt an airport land use compatibility plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action.
(d) An action to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport for which an airport land use compatibility plan has not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or within 30 days of the decision by the local agency, or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever date is later.
(Amended by Stats. 2002, Ch. 438, Sec. 22. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21680.

21680. (a) The Aeronautics Fund is hereby continued in existence as the Aeronautics Account in the State Transportation Fund. The moneys deposited to the credit of the account are continuously appropriated for expenditure by the board and the department as provided in this article.
(b) Any reference in any law or regulation to the Airport Assistance Revolving Fund, the Airport Assistance Fund, or the Aeronautics Fund shall be deemed to refer to the Aeronautics Account in the State Transportation Fund. As used in this article, “fund” shall be deemed to refer to the Aeronautics Account in the State Transportation Fund.
(Amended by Stats. 1971, Ch. 1243.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21682.

21682. (a) The department shall establish individual revolving fund subaccounts for eligible airports in the Aeronautics Account in the State Transportation Fund. Money payable under this section shall be credited to individual airport subaccounts annually, and may be accumulated for a maximum period of five years.
(b) The department shall, subject to Section 21684, credit from the Aeronautics Account to each public entity owning and operating an airport or airports under a valid permit issued by the department for every airport which has not been designated by the Federal Aviation Administration as (1) a reliever airport, as defined in Section 503 (a) (19) of the federal Airport and Airway Improvement Act of 1982, as amended, or (2) a commercial service airport, as defined in Section 503 (a) (5) of the federal Airport and Airway Improvement Act of 1982, as amended, the sum of ten thousand dollars ($10,000) annually for each qualifying airport. These funds shall be paid to public entities upon request for expenditure on preapproved eligible projects. Eligible public entities may submit applications for the withdrawal of credited funds for expenditure on proposed projects in letter form to the department for review and approval. Projects identified shall be for airport and aviation purposes and operation and maintenance purposes. No payment made under this section is transferable, but shall be expended only upon the airport for which the payment is made, unless the department authorizes a payment to be transferred for expenditure on another airport owned or operated by the public entity. The department may establish any accounting systems it deems necessary to provide for the cumulation and expenditure of funds under this subdivision.
(c) If, in any year, there is insufficient money in the Aeronautics Account to make the credits specified in subdivision (b), the department shall, subject to Section 21684, credit to each public entity subaccount an amount which is equal to the total amount of money in the Aeronautics Account multiplied by a percentage equivalent to the proportion which the airport or airports of the public entity for which credit is required to be made pursuant to subdivision (b) bear to the total number of airports for which credit is required to be made pursuant to subdivision (b).
(d) No payment shall be made under this section to any public entity for any airport on which general or commercial aviation activities are substantially restricted if the airport is licensed to conduct these activities by the department. The department shall determine whether or not general or commercial aviation activities are restricted.
(e) The department shall adopt rules and regulations and establish procedures to effect prompt payment to public entities for eligible airport projects from money credited pursuant to this section.
(Amended by Stats. 1993, Ch. 671, Sec. 2. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21682.5.

21682.5. The department shall pay, from the Aeronautics Account to the Transportation Planning and Development Account in the State Transportation Fund, a sum equal to the pro rata share of the comprehensive transportation duties attributable to aviation planning and research, as determined by the Director of Transportation.
(Amended by Stats. 1984, Ch. 579, Sec. 9.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21683.

21683. Any public entity may apply to the department each year for the allocation of funds for the acquisition or development of airports. The commission may, pursuant to rules and regulations promulgated by the department, make an allocation to the public entity if it determines that the proposed acquisition or development is feasible and in accordance with the policies and standards established by the department. The department shall make recommendations to the commission on all applications. Such allocations shall be represented as subventions in the department budget in accordance with Section 21206.
No moneys paid under this section shall be expended for operation and maintenance. No payment shall be made under this section to any public entity for any airport on which general or commercial aviation activities are substantially restricted if the airport is licensed to conduct such activities by the department. The department shall determine whether or not general or commercial aviation activities are restricted.
(Amended by Stats. 1993, Ch. 671, Sec. 3. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21683.1.

21683.1. (a) At the discretion of the commission, any balance remaining in the Aeronautics Account, after the payments made under Section 21682, may be used to provide a portion of the local match for federal Airport Improvement Program grants. Matching shall be provided only for grants at general aviation airports, or at airports that have been designated by the Federal Aviation Administration as reliever airports, as defined in Section 503(a)(19) of the federal Airport and Airway Improvement Act of 1982, as amended.
(b) Funds shall not be allocated by the commission until the federal grant offer is accepted by the public entity. Upon allocation by the commission, the department may pay a public entity an amount equal to 5 percent of the amount of a federal Airport Improvement Program grant. These funds are excluded from the requirements of Section 21684.
(c) Funds shall not be allocated by the commission until the federal grant offer is accepted by the public entity. Upon allocation by the commission, the department may, until December 31, 2006, pay a public entity an amount equal to the 10 percent local match required for a federal Airport Improvement Program grant for security projects at small general aviation airports. For purposes of this section, a “security project” means a project to install or maintain fencing, gates, security lighting, access controls systems, and surveillance systems. For purposes of this section a “small general aviation airport” means an airport with fewer than 80,000 annual landings and take-offs of aircraft.
(Amended by Stats. 2002, Ch. 754, Sec. 1. Effective September 21, 2002.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21683.2.

21683.2. Any balance remaining in the Aeronautics Account, after the payments made under Section 21682 and Section 21683.1, shall be used at the discretion of the commission for airport and aviation purposes subject to the provisions of Section 21684.
(Added by Stats. 1993, Ch. 671, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21684.

21684. (a) No payment shall be made to a public entity pursuant to this article unless the public entity has established a special aviation fund in which all payments received by a public entity under this article shall be deposited for expenditure solely for airport and aviation purposes. No payment shall be made to a public entity for a project pursuant to Section 21683.2 unless the public entity deposits in its special aviation fund a sum from other than state or federal sources, established annually by the commission at not less than 10 percent nor more than 50 percent of the nonfederal portion of the project.
Notwithstanding the provisions of this subdivision requiring matching funds, the department shall pay to each public entity owning and operating an airport or airports the annual amount that is in accordance with Section 21682.
(b) No payment shall be made for any airport to the University of California pursuant to this article unless the university has established a special aviation fund in which all payments received by the university under this article shall be deposited for expenditure solely for airport and aviation purposes. No payment shall be made for any airport to the University of California pursuant to Section 21683.2 unless the university deposits in its special aviation fund each year, for expenditure solely for airport and aviation purposes, a sum from nonstate or nonfederal funds based on the rate established annually by the commission pursuant to subdivision (a), or unless a city located within 10 miles of the airport or the county within which the airport is located pays to the university a sum based on the rate established annually by the commission pursuant to subdivision (a). However, any sums so deposited by the university or paid by the city or county may be considered jointly as meeting the requirements of this section. The payments received from a city or county pursuant to these sections are to be expended solely for the airport and for aviation purposes related to such airport. All payments received by the university shall be deposited in its special aviation fund.
(Amended by Stats. 1993, Ch. 671, Sec. 6. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21684.1.

21684.1. Notwithstanding the provisions of Section 21683, any balance remaining in the fund after the payments made under Section 21682 may be used by the department to purchase emergency search and rescue equipment and to make such equipment available for use by recognized search and rescue groups. The equipment shall remain the property of the department. No more than eight thousand dollars ($8,000) shall be expended pursuant to this section for the purchase of emergency search and rescue equipment.
(Added by Stats. 1970, Ch. 1606.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21684.5.

21684.5. Notwithstanding the provisions of this article inasmuch as they require matching funds the department may allocate funds to public agencies for the construction of airports.
(Added by Stats. 1970, Ch. 1566.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21684.6.

21684.6. Notwithstanding the provisions of this article, inasmuch as they require matching funds, the department may allocate funds to a county or a city for the construction of recreational airports or reliever training airstrips in accordance with regulations of the department if the county or city supplies the land and maintains and operates all facilities of such airport or airstrip.
(Amended by Stats. 1974, Ch. 768.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21685.

21685. Any public entity may pay any part of the money in its special aviation fund to a state college or branch of the University of California located within its boundaries to be expended for the same purposes as the public entity may expend such money. Any money paid to a state college or branch of the University of California shall be expended within the public entity paying the money.
(Amended by Stats. 1970, Ch. 1566.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21686.

21686. It shall be the duty of any public entity receiving payments or allocations under this article to periodically audit its books and records as deemed necessary by the department for the purpose of determining that the money received has been expended for the purposes and under the conditions authorized by this article.
(Amended by Stats. 1987, Ch. 101, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21687.

21687. (a) (1) If an airport, for which payments have been made from the Aeronautics Account, ceases to be open to the general public for more than one year, the public entity to which those payments were made shall pay to the state funds equal to the amount computed by the department pursuant to paragraph (2), and those funds shall be deposited in the Aeronautics Account.
(2) (A) The department shall compute an amount equal to the total of all payments made for the airport from the Aeronautics Account during the preceding 20 years, less 5 percent of the amount of a particular payment multiplied by the number of years since the payment was made, or the unused balance, whichever is greater.
(B) The computation described in subparagraph (A) shall not include any payment the department made pursuant to Section 21682, if, upon the request of the public entity that owns and operates the airport, the department determines that the airport is not necessary to the system of public airports in this state. When making this determination, the department shall consider all of the following factors:
(i) Whether the airport is approved for night operations.
(ii) Whether the airport has an approved instrument approach procedure.
(iii) How many aircraft are based at the airport.
(iv) Whether the airport is used for airborne fire attacks.
(v) Whether the airport is used for emergency medical transportation.
(vi) What services the airport provides for the community.
(vii) The size of the community that is served by the airport.
(viii) Whether any aviation or transportation planning agency has designated the airport as having a significant role.
(ix) Whether a suitable, public-use airport is situated within a reasonable distance.
(x) Whether closure of the airport will have a negative effect on other airports.
(xi) Whether the airport is used for law enforcement purposes.
(b) This section does not apply to either of the following:
(1) An airport that is replaced by a comparable facility, as determined by the department, within a period of one year.
(2) An airport for which the department, on or after January 1, 1981, has suspended the airport permit and for which payments made pursuant to this article are being expended to correct the deficiency or condition that resulted in the suspension of the airport’s permit.
(Amended by Stats. 1999, Ch. 105, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4 - Aeronautics Fund › Section 21688.

21688. (a) No payments shall be made from the Aeronautics Account for expenditure on any airport or for the acquisition or development of any airport, if the department determines that the height restrictions around the airport are inadequate to provide reasonable assurance that the landing and taking off of aircraft at the airport will be conducted without obstruction or will be otherwise free from hazards.
Height restrictions shall be considered adequate if as a minimum they meet the obstruction standards of subchapter C of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, as these standards apply to civil airport imaginary surfaces related to runways.
The airport-owning entity shall have sufficient control over obstructions in the airspace in the vicinity of the airport to assure that height restrictions can be maintained. This control may be in the form of ownership of any land from which obstructions may rise, air navigation easements to guarantee maintenance of restrictions, or height limitation or land use zoning which will prohibit obstructions which would violate the obstruction standards.
(b) This section shall not prevent or prohibit the department from assisting any public agency or public entity in planning airport development or in planning the zoning needs around an airport.
(Amended by Stats. 1982, Ch. 681, Sec. 40.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4.5 - Airport Facilities and Concessions › Section 21690.5.

21690.5. The Legislature finds and declares as follows:
(a) The proper operation of California’s publicly owned or operated airports is essential to the welfare of the state and its people.
(b) California’s publicly owned or operated airports establish a vital transportation link between the state and the economic systems of the nation and the world, and enable the state to enjoy and provide the benefits of an international tourist and commercial center.
(c) The economic validity and stability of California’s publicly owned or operated airports is, consequently, a matter of statewide importance.
(d) The policy of this state is to promote the development of commerce and tourism to the end of securing to the people of this state the benefits of these activities conducted in the state.
(e) Therefore, since the proper operation of the state’s publicly owned or operated airports is essential to the welfare of the state and its people, the Legislature recognizes and affirms such operation as a governmental function to be discharged in furtherance of the policy of securing the benefits of commerce and tourism for the state and its people.
(Added by Stats. 1982, Ch. 767, Sec. 1. Effective September 8, 1982.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4.5 - Airport Facilities and Concessions › Section 21690.6.

21690.6. The provisions of this article shall apply to any airport owned or operated by a political subdivision, including a charter city.
(Added by Stats. 1982, Ch. 767, Sec. 1. Effective September 8, 1982.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4.5 - Airport Facilities and Concessions › Section 21690.7.

21690.7. The governing bodies of publicly owned or operated airports shall manage airport facilities and grant airport concessions in furtherance of the development of commerce and tourism in or affecting the state. In managing facilities and granting concessions for services to the public, such airport governing bodies shall promote the development of commerce and tourism by (a) securing a diversity of airport services; (b) avoiding wasteful duplication of such services; (c) securing to the users of airports safe, courteous, and quality service; (d) limiting or prohibiting business competition which is destructive of the ends of promoting commerce and tourism in the state; (e) allocating limited airport resources to promote such ends; and (f) fostering California’s image as a commercial and tourist center.
(Added by Stats. 1982, Ch. 767, Sec. 1. Effective September 8, 1982.)
2023 California Code › Public Utilities Code - PUC › DIVISION 9 - AVIATION › PART 1 - STATE AERONAUTICS ACT › CHAPTER 4 - Airports and Air Navigation Facilities › ARTICLE 4.5 - Airport Facilities and Concessions › Section 21690.8.

21690.8. The Legislature recognizes that to further the policies and fulfill the objectives stated in this article, it is often necessary that publicly owned or operated airports enter into exclusive or limited agreements with a single operator or a limited number of operators. The governing bodies of publicly owned or operated airports shall grant exclusive or limited agreements to displace business competition with regulation or monopoly service whenever the governing body determines, in consideration of the factors set forth in Section 21690.9, that such agreements are necessary to further the policies and to fulfill the objectives stated in this article. The Legislature contemplates that publicly owned or operated airports will grant exclusive or limited agreements in furtherance of the policy of this state to displace business competition by exclusive or limited agreements to fulfill these policies and objectives.
(Added by Stats. 1982, Ch. 767, Sec. 1. Effective September 8, 1982.)