Today’s blog looks at how the State Aeronautics Act [ACT] affects the Palomar Airport 900-foot runway extension. [See Public Utilities Code 21001 – 24451].
What Does the State Aeronautics Act Say?
Relevant ACT sections include those below. In the quotes below, the term “county” has been substituted for “political subdivision” and “department” refers to the State Department of Transportation.)
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§ 21663. It is unlawful for any county … to operate an airport unless an appropriate airport permit … has been issued by the department … .”
§ 21664. Any county … planning to … expand an airport shall apply for the appropriate permit from the department prior to the … expansion.
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§ 21664.5 (a) An amended airport permit shall be required for every expansion of an existing airport. And (b)(3) says an airport expansion includes a runway extension.
§ 21666 (e) says the department shall issue an [amended] permit if the advantages to the public of the proposed airport expansion outweigh the disadvantages to the environment including noise, air pollution, and the burden upon the surrounding area caused by the airport including but not limited to surface traffic and expense.
§ 21668(e) and § 21668.2 say the department may revoke or suspend a permit when “the site may no longer be safely used by the general public because of a change in physical or legal conditions either on or off the airport site.
Has the ACT Preempted Carlsbad Planning & Zoning Law?
Sometimes federal or state law kicks local law to the side. Many cases explain when. As to Palomar, does the ACT supplement Carlsbad planning and zoning law or preempt it?
Two ACT sections answer this question. PUC § 21258 says “The department shall represent the state and local agencies before … federal agencies in all matters related to the Airline Deregulation Act [ADA] of 1978.
Sacramento knew how to say when only the State Aeronautics Act process applied and preempted local law only when ADA issues (mainly noise) arise.
PUC § 21661.5(a) confirms the limited ACT preemption. It says in part “No political subdivision … may submit any application for the construction of a new airport to any local, regional, state, or federal agency unless the plan for construction is first approved by the board of supervisors of the county, or the city council of the city, in which the airport is to be located … .” (PUC § 21664.5 requires airport “amended permit applicants” to meet the new airport requirements.)
In other words, PUC § 21661.5(a) recognizes that governmental entities applying for an amended PUC permit may still need approvals from a “local, regional, state, or federal agency.” This language would not be needed if the State Department of Transportation were the final authority on airport development and operation.
Accordingly, Carlsbad and the county need to explain whether Carlsbad residents will be able to vote on the Palomar Airport expansion and whether the county will ask for an amended Carlsbad Conditional Use Permit [CUP] 172 because a runway extension expands Palomar Airport within the meaning of CUP 172, Conditions 8 and 11.
