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Assembly Bill 2920 (Rogers-1982)

Chapter 1041, Statutes of 1982

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In 1982, the 1967 and 1970 versions of certain Public Utilities Code sections were amended, repealed, and re-added following legislative passage of Assembly Bill 2920. (See Exhibit #1h) This was done by giving termination dates of January 1, 1989 to the older text of the sections with amendments to the language. (Id.) On January 1, 1989 the sections were to cease to be operative, and new sections, with similar, or substantially similar provisions were to become operative. (Id.) Assembly Bill 2920, introduced on March 2, 1982 by Assembly member Don Rogers of Bakersfield. (See Exhibit #1a)

Assembly Bill 2920 was heard in the Assembly Committee on Local Government and in the Assembly Committee on Ways and Means. (See Exhibit #3 and #5) In the Senate, Assembly Bill 2920 was heard by the Senate Committee on Local Government and the Senate Committee on Finance. (See Exhibit #2 and #6) Six amendments were made to Assembly Bill 2920. (See Exhibit #1b through #1g and #2) Subsequent to legislative approval, Governor Edmund G. Brown, Jr., signed the bill on September 14th, and it was recorded by the Secretary of State on September 15th as Chapter 1041 of the Statutes of 1982. (See Exhibits #1hand #2)

Commenting on the nature of the bill as last amended on August 16, 1982, the Concurrence in Senate Amendments analysis prepared by the Assembly Office of Research stated . . .this bill altered the powers of the Airport Land Use Commission (ALUC). . . (See Exhibit #11, page 1)

The analysis of the Assembly Committee on Local Government summarized the bill, stating it makes various changes to the provisions of law governing planning for airports. (See Exhibit #3, page 1) This analysis commented on the need for the bill, stating:

1. THE PURPOSE OF AB 2920 IS TO STRENGTHEN THE ROLE OF AIRPORT LAND USE COMMISSIONS IN PLANNING FOR THE ORDERLY GROWTH OF AIRPORTS AND SURROUNDING TERRITORY. ACCORDING TO THE PROPONENTS OF THE BILL, ALUCS HAVE NOT BEEN EFFECTIVE IN CARRYING OUT THEIR MANDATE TO ADOPT AND IMPLEMENT AIRPORT DEVELOPMENT PLANS WHICH WILL SAFEGUARD THE GENERAL WELFARE OF THE INHABITANTS WITHIN THE VICINITY OF AIRPORTS AND THE PUBLIC IN GENERAL. CURRENTLY, THE ALUC DOES NOT CLEARLY IDENTIFY PROBLEMS ASSOCIATED WITH AIRPORTS AND DEVELOPMENT SURROUNDING AIRPORTS, NOR DOES THE LAW CLEARLY STATE THE PURPOSE AND POWERS OF AN ALUC. IN ADDITION, IT IS SUGGESTED THAT THE LAW DOES NOT PROVIDE AN ADEQUATE METHOD FOR ACHIEVING CONSISTENCY BETWEEN ALUC PLANS AND LOCAL AGENCYS GENERAL PLANS.
(See Exhibit #3, page 6)

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