SR-100-002 (29)
e .....
~CitYOf
Santa IUonien'"
City Council Report
City Council Meeting: May, 25 2006
Agenda Item: .-K1L
To:
From:
Subject
Mayor and City Council
Jeff Mathieu, Director Resource Management Department
Recommendation to Adopt a Resolution in Opposition to California State
Assembly Bill AB2501 Unless Amended to Create a State Funded
California Environmental Study to Expand the SCAQMD Study to All
Aircraft Using the California Airport System
Recommended Action
This report recommends that the City Council adopt the attached Resolution
opposing State Assembly Bill AB2501 unless the proposed legislation is
amended to:
1) Create a State-funded California environmental study to expand the
Southern California Air Quality Management District (SCAQMD) study
currently underway at Santa Monica Airport and Los Angeles-operated
Van Nuys Airport to all aircraft using the California airport system, including
air carrier and general aviation airports in the south coast basin.;
2) Eliminate the unconstitutional unfunded State mandate to collect aircraft
data; and
3} Eliminate the unconstitutional special legislation targeting of a single
airport out of a number of similarly situated airports.
1
Executive Summary
The City of Santa Monica and the City of Los Angeles are currently participating
with the SCAQMD in a one-year study of general aviation aircraft emissions at
the Van Nuys and Santa Monica airports funded by the U.S. Environmental
Protection Agency. The $400,000 study uses state-of-the-art air monitoring
instrumentation to analyze emissions from aircraft operations. Contrary to its
stated intent, AB2501 would create special legislation in violation of the California
Constitution that targets solely the Santa Monica Airport without a rational basis
and imposes an unfunded State mandate on the City. It is the policy of the City of
Santa Monica to oppose such unfunded mandates. The City also strongly
opposes an unfunded mandate that unconstitutionally targets the City and
undermines the ongoing environmental work the City is already undertaking at
the Airport.
Discussion
Although the four airports operated by the City of Los Angeles represent a
significant amount of aircraft traffic in the region, the City of Los Angeles adopted
a resolution on May 17, 2006 in support of AB2501 without any reference to the
inclusion of its airports in the data collection mandated by the bill. No official or
employee of the City of Santa Monica was contacted or informed of this
resolution prior to its adoption.
2
Contrary to its current position, one of the grounds that the City of Los Angeles
stated in a resolution (approved on May 13, 2005) opposing a State bill that
targeted specifically LAX, was the fact the that legislation would It. . . aoolv solelv
and soecificallv to Los AnGeles International Airport. to its detriment relative to
every other airport in the State. 11 Nothing in the current resolution discusses the
inclusion of the airports operated by the City of Los Angeles as part of the
AB2501 mandated activities. This is despite the fact that much of the hold and
idle time at Santa Monica Airport is a direct result of LAX operations.
AS 2501 does not further the work of the SCAQMD general aviation study (it
does not include both airports and it is not at all coordinated with the SCAQMD
schedule or methodology), but could cause potential jurisdictional conflicts with
the Federal Aviation Administration (FAA) by mandating data collection activities
of aircraft under the exclusive jurisdiction of the FAA. The proposed legislation
imposes an unfunded State mandate solely on the City of Santa Monica to
conduct an unprecedented aircraft operational study of questionable merit and
for undefined purposes.
Since the projected costs of over $400,000 for data collection for 24 hours a day
for an entire year are not provided by AS 2501, it could result in the unnecessary
diversion of resources devoted to the SCAQMD study and other airport mitigation
programs. City staff has actively opposed the bill due to its costly and
3
burdensome operational requirements, its unspecified objective and because it
imposes an unfunded State mandate on one airport out of many similar urban-
located airports. Additionally, AB2501 ignores the SCAQMD environmental
study currently underway. Approval of this recommendation will result in the City
Council reinforcing current efforts to oppose AB 2501 and enhance the current
SCAQMD study by giving direction to request that the bill be amended to create
a State funded California environmental study to expand the SCAQMD study to
all aircraft. using the California Airport System. Unless AS 2501 is amended in
this manner to provide funding and resources to achieve the goal of an
environmental emissions study for all aircraft using the California airport system,
the current version of AB 2501 will result in the unconstitutional imposition of an
unfunded state mandate solely on one airport with no improvement in the
environment.
Background
AB2501 was introduced on February 23, 2006 by Assemblyperson Ted Lieu (53rd
District) as an act to add Section 40458.7 to the Health and Safety Code, to
mandate the environmental assessment by the State Air Resources Board and
the SCAQMD of the cumulative health impacts of emissions from stationary
sources located in the south coast district, but did not mention airports at all. On
April 6, 2006, the bill was amended to mandate that all airports located within 100
yards of residences collect data on the time for each aircraft to taxi-in, taxi-out
4
and idle and report the data to SCAQMD by February 1, 2008. SCAQMD was
mandated to produce a report by July 1, 2008.
The current version of the AB2501 (as amended on April 17, 2006) excludes all
other airports and shifts the entire burden (both financially and operationally)
specifically to the Santa Monica Municipal Airport and has been re-titled: "Aircraft
emissions: Santa Monica Airporl", Although the City of Santa Monica and the
elected officials representing the City were not notified of the amendment to
target Santa Monica Airport with an expensive. and burdensome unfunded
mandate, the bill was set for hearing before the Natural Resources Committee on
April 24, 2006. The legislation was also heard and approved by the Assembly
Appropriations Committee on May 10, 2006. To this date, the author of the bill
has not contacted the City about the legislation, explained the basis for targeting
Santa Monica Airport or the basis for failing to fund this state mandate. Nor has
the author engaged with the City on funding to expand the ongoing SCAQMD
study, which has environmental benefits.
AB2501 requires the Santa Monica Municipal Airport to undertake a one year
program commencing on January 1, 2007 to continuously monitor and record the
following types of information for every aircraft arriving and departing from the
Santa Monica Municipal Airport: (1) Aircraft engine type; (2) Operation times for
aircraft approaches; (3) Operation times for aircraft taxi/idle-in; (4) Operation
5
times taxi/idle out; (5) Operation times for take off; and (6) Operation times for
climb-out. The data must be made available to the public no later then February
1,2008.
Currently there are about 370 daily aircraft operations at Santa Monica Airport.
Since aircraft operations are demand~driven by the user (much as private
vehicles are) and can occur at any1ime without prior warning, there would have to
be sufficient staff and resources available to respond at any moment. Under
AB2501 staff would be required to track detailed operational times for each of
these aircraft - a monumental and unprecedented task for any airport.
AS 2501 requires a burdensome and expensive task of collecting aircraft
operational data, but does not indicate any particular use. Santa Monica Airport
~.
is a federally obligated facility, so other then those restrictions already in place,
the City of Santa Monica is preempted from discriminating or regulating
ground/air operations or influencing the types or number of aircraft using the
Airport. Further, the City of Santa Monica is federally preempted under the
federal Clean Air Act from setting emission standards for any aircraft. The data
collected by the current version of AS 2501 would not result in changes to the
Airport's operation, but it could divert resources from the Airport's aircraft
mitigation programs.
6
While the Federal Aviation Administration (FAA) governs and regulates aircraft in
flight and during movement on the Airport, the proposed legislation places the
responsibility for defining the aviation terms for the various stages of aircraft
.
movement with the SCAQMD, which otherwise has no other role in the collection
or use of the data mandated to be collected by the City.
City staff is addressing aircraft operational impacts on the surrounding
community and has taken proactive steps with the SCAQMD, the City of Los
Angeles and the FAA to address these issues. , However some operational
issues such as the effect LAX operations have on the idling time and volume of
jet and piston aircraft traffic at Santa Monica Airport are beyond the control of the
City and within the jurisdiction of the FAA.
While the City of Los Angeles, City of Santa Monica and SCAQMD are currently
jointly engaged in an actual air monitoring study to obtain data on general
aviation aircraft for the national data base maintained by U.S. EPA, the data
required by AS 2501 is not designated for any use. In addition to having no
stated purpose for the data, AS 2501 erroneously contends that Santa Monica
Municipal Airport is uniquely situated while ignoring the many other airports
similarly situated in dense urban areas. AB2501 imposes an unwarranted
financial burden on the City of Santa Monica without reference to federal
jurisdictional issues.
7
In 2002, City staff urged SCAQMD to commence an air quality monitoring study
to start collection of general aviation aircraft emission data in order to increase
the understanding of the effect of these aircraft on the environment. SCAQMD
was able to.secure a $400,000 grant from the U. S. EPA for a monitoring study of
general aviation airports. The study commenced in the winter of 2005 at Van
Nuys Airport and is currently in operation at the Santa Monica Municipal Airport.
Monitoring is being conducted for two alternate three-month periods at Santa
Monica and Van Nuys airports (six total months at each airport in two different
seasons). The study, although the first of its kind in the nation for General
Aviation, is considered a supplement to the SCAQMD MATES III (Multiple Air
Toxics Exposure Study) by the SCAQMD. The study measures a wide range of
air pollutants - the data will be release to the public in late 2007 to become part
of a national U.S. EPA data base. AB2501 does not enhance nor augment this
empirical study.
AB2501 is an unfunded State mandate that shifts the entire financial burden of its
required activity directly onto the Santa Monica Airport. Unfunded State
mandates on local government should be either fully funded or eliminated. While
the State Constitution requires that the State government finance mandates
imposed on local governments, the reality is that local governments experience
numerous and lengthy administrative obstacles to secure reimbursements, which
in many cases are not fully funded in annual State budgets. The result is that
8
local governments must finance with local revenue State mandated services. AB
2501 is such an unfunded state mandate.
BudgetlFinanciallmpact
The adoption of AB2501 into law would place a significant financial burden on the
Airport Fund well in excess of the estimated $400,000 in aircraft monitoring costs
and logistical expenses. The actual cost will depend on regulations adopted by
SCAQMD"in response to the scope of the final legislation.
Conclusion
Unless AB 2501 is amended in this manner to provide funding and resources to achieve
the goal of an environmental emissions study from all aircraft using the California airport
system, including air carrier airports such as Los Angeles International Airport, the bill
will result in the unconstitutional imposition of an unfunded State mandate with no
improvement in the environment.
Prepared by:
Bob Trimborn. Airport Manager
Approved:
Forwarded to Council:
9
f:\atty\muni\laws\mtt\AB 2501 Reso
City Council Meeting 5-25-06
Santa Monica, California
RESOLUTION NUMBER
(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ADOPTION OF
CALIFORNIA ASSEMBLY BILL 2501 UNLESS AMENDED TO EXPAND THE
CURRENT SCAQMD ENVIRONMENTAL STUDY
WHEREAS, California Assembly Bill (AB) 2501 was introduced on February 23,
2006 by Assembly member Ted Lieu and amended on April 17, 2006 to target solely
Santa Monica Municipal Airport (Airport), without any prior notice to the City, its elected
officials, employees or any other elected official representing the area including City of
Santa Monica; and
WHEREAS, AB 2501 is an unfunded state mandate requiring the collection of
aircraft data only at the Airport, an activity that is unrelated to the maintenance,
operation and capital expense of the Airport; and
WHEREAS, the Airport does not have the ability to fund the data collection
mandated by AB 2501; and
WHEREAS, there is no rational basis for the adoption of a special law like AB
2501 targeting only the Airport since many general aviation airports and commercial air
carrier airports such as Los Angeles International Airport are similarly situated in urban
areas like the Santa Monica Airport; and
1
WHEREAS, Los Angeles International Airport and the three other airports
operated by the City of Los Angeles represent the dominant share of aircraft traffic in
the south coast basin, yet the City of Los Angeles adopted a resolution in support of AS
2501 without discussion with the City of Santa Monica or any of its officials or
employees and without any reference to the inclusion of its airports in the aircraft data
collection mandated by AS 2501 or its prior opposition to state legislation that targets
individual airports like Los Angeles International Airport;
WHEREAS, AS 2501 does not provide for any air quality monitoring or stated
use of the data mandated to be collected, but concludes that the Airport can be the sole
target of this legislation due to the unique circumstances related to the air quality of the
Santa Monica Airport and surrounding communities without any factual basis; and
WHEREAS, the City of Santa Monica, the South Coast Air Quality Monitoring
District (SCAQMD) and the City of Los Angeles have undertaken an environmental
study funded by the United States Environmental Protection Agency (US EPA) to
assess general aviation aircraft emissions by performing actual air monitoring at the
Van Nuys and Santa Monica airports; and
WHEREAS, the SCAQMD study data will become part of a national data base for
use in understanding general aviation aircraft emissions and the improvement of aircraft
operations on a national level,
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monica opposes the adoption of California Assembly Bill
2501 unless it is amended to:
A. Support and create a State funded California
environmental study to expand the SCAQMD study to all aircraft
using the California Airport System to achieve the goal of an
environmental emissions study from all aircraft using the California
airport system, including aircraft using air carrier airports such as
Los Angeles International Airport; and
B. Remove the unconstitutional unfunded state mandate
since the Santa Monica Airport cannot fund the cost of the AB 2501
state mandated program; and
C. Apply the legislation to all airports that are located in
urban areas like the Van Nuys and Santa Monica airports and the
large air carrier airports such as Los Angeles International Airport
so as to remove the constitutional defect of applying this legislation
to one jurisdiction without a rational basis.
3
SECTION 2.The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
4