BILL ANALYSIS AB 2333 Page 1 ASSEMBLY THIRD READING AB 2333 (Nakano) As Amended May 16, 2002 Majority vote TRANSPORTATION 11-7 APPROPRIATIONS 16-8 ----------------------------------------------------------------- |Ayes:|Dutra, Chu, Kehoe, Liu, |Ayes:|Steinberg, Alquist, | | |Longville, Nakano, | |Aroner, Cohn, Corbett, | | |Oropeza, Salinas, | |Correa, Diaz, Firebaugh, | | |Simitian, Strom-Martin, | |Goldberg, Papan, Pavley, | | |Vargas | |Simitian, Keeley, | | | | |Wiggins, Wright, Chan | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Rod Pacheco, Bates, |Nays:|Bates, Ashburn, Daucher, | | |Hollingsworth, La Suer, | |Maldonado, Negrete | | |Leach, Leslie, Mountjoy | |McLeod, Robert Pacheco, | | | | |Runner, Zettel | ----------------------------------------------------------------- SUMMARY : Requires the Southern California Association of Governments (SCAG) to assure that the aviation component of its regional transportation plan (RTP) provides a fair-share distribution of both the burdens and benefits of commercial aviation among the four urbanized SCAG counties of the SCAG region. Specifically, this bill : 1)Sets forth findings regarding the projections for growth in passenger and air cargo transportation at commercial airports in the four urbanized counties of the SCAG region (Los Angeles, Orange, Riverside, and San Bernardino) over the next 23 years (2025), and the importance of those projected trends to the region's economy. The bill also makes findings regarding the environmental impact of drastic growth in air traffic to adjacent communities. Lastly, the bill declares that it is in the interest of those urban counties to distribute the burdens and benefits of commercial aviation in a fair and even manner throughout the region. 2)Requires that the aviation program within the SCAG regional transportation plan be developed in a manner that assures a fair-share distribution of both the burdens and benefits of commercial aviation among the four urbanized counties. AB 2333 Page 2 Directs SCAG, in determining a county's fair share distribution, to assess the future passenger cargo demand that is reasonably attributable to each county. 3)Requires that SCAG, in developing the aviation program of the RTP, adhere to the principles of environmental justice to the extent that those principles conform to federal law, and assure that no community of ethnic or racial minorities bear a disproportionate share of the environmental burden of regional aviation activity. 4)Requires SCAG to annually review the master plans and airport layout plans of each commercial airport for consistency with the aviation component of the RTP. The bill specifies that the SCAG review shall include a determination of whether airports in each of the identified counties are making timely and reasonable progress in meeting the RTP goals relative to projected air cargo and passenger demand. EXISTING LAW : 1)Requires designated regional transportation planning agencies and metropolitan planning organizations (MPOs) to prepare and adopt an RTP that includes a policy element, an action element, and a financial element. The plan must be directed at achieving a coordinated and balanced regional transportation system, including all transportation modes, goods movement and aviation facilities and services. 2)Specifies that the RTP must consider alternate planning scenarios and be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. Each transportation-planning agency is required to consider and incorporate, as appropriate, the transportation plans of state, federal, local, and private entities. 3)Provides that transportation capital improvement projects relating to highway and rail transit shall be funded, in part, from the Inter Regional Transportation Improvement Program (ITIP). FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, this measure would result in negligible costs to the SCAG to modify its current RTP process. AB 2333 Page 3 COMMENTS : SCAG is the federally-designated MPO for the six counties that make up the Southern California region: Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. The region encompasses a population exceeding 15 million persons in an area of more than 38,000 square miles. In addition to the responsibilities that are established in state law, SCAG is required by federal law to perform research and develop plans for transportation, growth management, hazardous waste management, and air quality. In 2001, SCAG issued its updated RTP, which includes a separate component for aviation. The aviation component of the RTP provides projections for growth in regional aviation traffic, and recommendations for the expansion and improvement of airport facilities over the next two decades (2025). SCAG projects that demand for air passenger travel will nearly double, to 167 million annual passengers, and air cargo demand will triple, to 9.5 million tons during that same period. The RTP identifies the established commercial service airports as the Los Angeles International Airport (LAX), Ontario Airport in San Bernardino County, Palm Springs Airport in Riverside County, John Wayne Airport in Orange County and Long Beach Airport in Los Angeles County. SCAG reports that collectively, these facilities represent 7,900 acres of commercial airport facilities that are in service in the region. By comparison, Chicago's O'Hare airport sits on 7,700 acres and Denver International Airport on 34,000 acres. The RTP projects that, without the proposed expansion of additional regional airport facilities, air passenger capacity will fall short by 28% of projected demand. The RTP recommends that agencies in the region develop a decentralized airport system, utilizing former military bases and joint use facilities, rather than expanding existing urbanized airports. SCAG argues that this type of expansion would generate an additional 34,000 acres of capacity. The RTP identifies several former military bases and joint use facilities for potential expansion: George and Norton Air Force Bases (San Bernardino County), March Air Reserve Base (Riverside County), Palmdale Air Force Plant (Los Angeles), and El Toro Marine Corps Air Station (Orange County). The author argues that the communities in the South Bay area of AB 2333 Page 4 Los Angeles County have coped with the crushing burden of hosting one of the country's busiest airports, and that AB 2333 would address significant equity issues regarding regional aviation benefits and burdens. This measure is intended to bring about a more balanced distribution of aviation traffic among the urban counties in the SCAG region (Los Angeles, Orange, Riverside, and San Bernardino). Citing the need for a "fair-share distribution" of air passenger and cargo demand among the four urbanized counties, the City of El Segundo argues that AB 2333 is intended to provide incentives for counties within and adjacent to the Los Angeles basin to develop and implement projects that help spread airport capacity across several under utilized facilities in the region. Opponents of this measure, including the City of Los Angeles, and several cities in Orange County, have expressed their concern with AB 2333, arguing that the bill would take away local control by establishing conformity requirements for a document that is only intended to be used for planning purposes. The Mayor of Los Angeles argues that "AB 2333 will shift local control over airport planning and development to an agency that is neither designed or equipped to determine whether airports and counties are meeting their 'fair share' requirement." In many cases, there are market-based (Palmdale) or political and environmental (LAX, El Toro) barriers to developing or expanding several of the airport facilities that are identified in the RTP. Airlines have expressed a reluctance to locate terminals in many of the less urbanized sites for airport facilities. In Los Angeles, LAX continues to be the dominant facility for regional air passenger and cargo traffic, but neighboring communities (including the sponsor of this measure, the City of El Segundo), have spearheaded efforts to place legal and political obstacles in the way of any further LAX expansion. It is not clear whether all of the recommendations for airport expansion in the RTP are politically or economically feasible. In March of this year, the voters in Orange County approved Measure W, which rezoned the land at the El Toro site for parks and educational purposes. Immediately after the election, the United State Navy announced their intent to offer the land for sale to development interests. El Toro was identified as the most viable alternative of the potential new airport facilities that were identified in the RTP, with the potential to absorb nearly 30 million annual passengers by 2025. AB 2333 Page 5 AB 2333 would require SCAG to annually review local airport planning documents for conformance with the "fair share distribution" review standards established by the bill. It is not clear that there is a consensus-based way to quantify a county's "fair share" distribution of aviation activity. It appears that the recommendations for airport facility and ground-access improvements that are contained in the RTP are driven by projections for growth in air travel over the next 23 years. Many of the projections for growth in aviation traffic were developed before the state experienced the recent, drastic declines in air traffic and prolonged security screening process at airports around the country. It is not clear whether the current dip in aviation activity was factored into SCAG's projections for growth or if this reduction is temporary in nature. Should the RTP be updated before requirements are placed on counties and local airports? What impact would this new trend have on the RTP projections and their recommendations for airport improvements? Analysis Prepared by : Andrew Antwih / TRANS. / (916) 319-2093FN: 0005155