[CPEO-MEF] California anti-encroachment law

[Lenny Siegel <lsiegel@cpeo.org>]

On September 29, 2004, California Governor Schwarzenegger signed Senate 
Bill 1462, designed to resolve conflicts between local development and 
military operations within the state:



LEGISLATIVE COUNSEL'S DIGEST

SB 1462, Kuehl.  Military readiness activities:  special use airspace.

(1) The Planning and Zoning Law requires the planning agency prior to 
action by a legislative body of a city or county to adopt or 
substantially amend a general plan, to refer the proposed action to 
specified entities, including, among other entities, any elementary, 
high school, or unified school district within the area covered by the 
proposed action and any areawide planning agency whose operations may be 
significantly affected by the proposed action, as determined by the 
planning agency.

The bill would include among those entities the branches of the United 
States Armed Forces when the proposed action lies within 1,000 feet of a 
military installation, within special use airspace, or beneath a 
low-level flight path and would require the Governor, on or before 
January 1, 2005, to develop processes to resolve conflicts between the 
military, a local or state agency, and a project applicant when the 
proposed project may have the potential to affect military readiness 
activities.

(2) The Planning and Zoning Law also requires each state agency and each 
local agency to compile one or more lists that specify in detail the 
information required from a project applicant as part of its statement 
of application for a development project and requires that copies of 
this information be made available to all project applicants and to any 
person who requests the information.

The bill would also revise the information required in the application 
by the project applicant when the proposed project is located within 
1,000 feet of a military installation, beneath a low-level flight path, 
or within special use airspace, and would require the public agency to 
provide a copy of the complete application to any branch of the United 
States Armed Forces, as specified.  The bill would authorize any branch 
of the United States Armed Forces to request consultation with the 
public agency and the project applicant to discuss the potential 
alternatives, mitigation measures, and the effects of the proposed 
project on military installations.

(3) The bill would provide that the provisions specified in (2) above 
are not operative until the Department of Defense provides electronic 
maps that identify military installations and special use airspace at a 
scale and in an electronic format that is acceptable to the Office of 
Planning and Research and provides other related information.  By 
increasing the duties of local public officials, the bill would impose a 
state-mandated local program.

The bill would also require the Office of Planning and Research, within 
30 days of its determination that the information is in an acceptable 
scale and format, to notify cities, counties, and cities and counties of 
the availability of the information on the Internet. It would require 
cities, counties, and cities and counties to comply with the provisions 
specified in (2) above within 30 days of receiving this notice.   (4) 
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 a specified reason.

(5) This bill would incorporate additional changes in Section 65352 of 
the Government Code proposed by SB 18 that would become operative only 
if SB 18 and this bill are both chaptered and become effective on or 
before January 1, 2005, and this bill is chaptered last.



For the entire legislation, see
http://info.sen.ca.gov/pub/bill/sen/sb_1451-1500/sb_1462_bill_20040930_chaptered.html

--
Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
http://www.cpeo.org

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