Bill Text: CA AB3119 | 2017-2018 | Regular Session | Amended
Bill Title: San Diego International Airport Mobility and Sustainability Committee: airport mobility and sustainability plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-08-06 - In committee: Hearing postponed by committee. [AB3119 Detail]
Download: California-2017-AB3119-Amended.html
|
Amended
IN
Assembly
April 18, 2018 |
|
Amended
IN
Assembly
March 22, 2018 |
| Assembly Bill | No. 3119 |
| Introduced by Assembly Member Gonzalez Fletcher |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
This division shall be known and may be cited as the San Diego Unified Port Consolidation Act.
(a)The San Diego County Regional Airport Authority, a local governmental entity of regional government established by Section 170002, as it read on December 31, 2018, is hereby consolidated into the San Diego Unified Port District. In addition of the port district’s jurisdictional authority before January 1, 2019, the port district shall have jurisdiction extending throughout the County of San Diego, as specified in this division.
(b)The San Diego Unified Port District is the successor to, and is vested with, the powers, functions, and jurisdiction of the former San Diego County Regional Airport Authority. Unless the context requires
otherwise, whenever the term “San Diego County Regional Airport Authority” appears within any statute, it shall be deemed a reference to the San Diego Unified Port District.
(a)The Legislature finds and declares the following:
(1)The consolidation of the former San Diego County Regional Airport Authority into the San Diego Unified Port District will facilitate the planning necessary to properly mitigate traffic, flooding, and other potential risks and impacts, and will prevent interagency disputes that arise because of traffic, flooding, and other potential environmental risks and impacts.
(2)The San Diego Unified Port District owns and is the trustee of the lands underlying the San Diego International Airport, the tidelands adjacent to the San Diego International Airport, and large
segments of the primary roadways that provide access to the San Diego International Airport.
(3)The establishment of the San Diego Unified Port District was affirmed by the voters of the port district’s five member cities, which include San Diego, Chula Vista, Coronado, National City, and Imperial Beach, and the port district owned and operated the San Diego International Airport until the Legislature, without voter approval, created the San Diego County Regional Airport Authority and transferred the ownership and operation of the San Diego International Airport to the San Diego County Regional Airport Authority.
(4)A primary purpose of creating the San Diego County Regional Airport Authority was to find an alternate site location for the San Diego International Airport, and
to place a measure on the ballot to seek voter approval for such an alternate site. However, in 2006, the voters of the County of San Diego rejected the San Diego County Regional Airport Authority’s ballot proposal.
(5)Returning management and control of the San Diego International Airport to the San Diego Unified Port District would effectuate the intent of the residents of the County of San Diego to vest the authority to operate the airport with the port district.
(b)It is the intent of the Legislature to consolidate the San Diego County Regional Airport Authority into the San Diego Unified Port District, and to empower the port district with the powers and authority of the San Diego County Regional Airport Authority in addition to the powers and authority held by the port district before
January 1, 2019.
For the purposes of this division, the following terms have the following meanings, unless the context requires otherwise.
(a)“Authority” means the San Diego Unified Port District established under the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).
(b)“Board” and “board of directors” means the
Board of Commissioners of the San Diego Unified Port District.
(c)“Port,” “port district,” or “district” means the San Diego Unified Port District established under the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).
(d)“San Diego International Airport” means the airport located at Lindbergh Field in the County of San Diego.
The authority shall be responsible for developing all aspects of airport facilities that it operates, including, but not limited to, all of the following:
(a)The location of terminals, hangars, aids to air navigation, Runway Protection Zones (RPZ), Airport Influence Areas (AIA), parking lots and structures, intermodal connections on airport property, and all other facilities and services directly and
substantially related to the air transportation of passengers or property.
(b)Street and highway improvements serving the airport facility, and access, ingress, and egress with the objective of minimizing, to the extent practicable, traffic congestion or vehicle miles traveled in the vicinity of the airport.
(c)Providing for public mass transportation access in cooperation and coordination with the responsible public transportation agency in whose jurisdiction the airport is located.
(d)Analyzing and developing intercity bus and passenger rail access to terminals in cooperation with an established agency or organization experienced in developing and operating that service, if the service or the
technology proposed for implementation is demonstrated to be in regular, scheduled revenue service and is demonstrated to be a cost-effective investment when considering both direct and indirect benefits. If that service is proven feasible, the authority shall endeavor to maximize the convenience of its patrons by incorporating the service into the design of its terminals.
(e)Improvements, including, but not limited to, airport facility projects, to protect the San Diego International Airport from potential environmental risks and impacts.
All of the title, ownership, and interests of the former San Diego County Regional Airport Authority, including, but not limited to, those of the San Diego International Airport and its supporting facilities owned or held by the former San Diego County Regional Airport Authority, shall vest in the port district, which may record an instrument to accurately reflect the title and ownership interest in any facilities of the airport in the records of the San Diego County Recorder’s Office, including, but not limited to, the following:
(a)All interest in real property and improvements, including, but not limited to, all terminals, runways, taxiways, aprons, hangars,
Runway Protection Zones (RPZ), Airport Influence Areas (AIA), emergency vehicles or facilities, parking facilities, above and below ground utility lines and connections, easements, rights-of-way, other rights for the use of property necessary or convenient to the use of airport properties, and buildings and facilities used to operate, maintain, and manage the airport which is consistent with the Airport Layout Plan (ALP) dated September 13, 2000, and identified as Drawing No. 724 on file with the clerk of the
port.
(b)All interest in the real property and improvements adjacent to Pond 20 located at Parcel Nos. 042-002 and 042-003 (this parcel encompasses approximately two or three acres).
(c)All interest in the real property and improvements acquired as Parcel No. 034-001 from Western Salt Processing Plant and identified as Document No. 39222 from GGTW, LLC.
(d)All contracts with airport tenants, concessionaires, leaseholders, and others, including, but not limited to, fees from vehicle rental companies, and collective bargaining agreements with labor organizations and employment contracts.
(e)All airport-related financial
obligations secured by revenues and fees generated from the operations of the airport, including, but not limited to, bonded indebtedness associated with the airport.
(f)All airport-related financial reserves, including, but not limited to, sinking funds and other credits.
(g)All personal property, including, but not limited to, emergency vehicles, office equipment, computers, records and files, software required for financial management, personnel management, and accounting and inventory systems, and any other personal property owned by the authority used to operate or maintain the airport.
(a)Every employee of the former San Diego County Regional Airport Authority shall become an employee of the port district.
(b)In addition to any existing power granted in Section 23 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), the port district may also bring an action in all courts and tribunals of competent jurisdiction to determine the validity of any of its equipment trust certificates or other evidence of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(c)In addition to any existing power granted in Section 61 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), the port district may also do all of the following:
(1)Levy assessments, reassessments, or special taxes, and issue bonds related to (A) airport facilities projects and related operations and maintenance; and (B) other projects, including, but not limited to, operations and maintenance projects independent of construction projects that are necessary to carry out its duties and responsibilities pursuant to this act or the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).
(2)Levy assessments, reassessments, or special taxes, and issue bonds
in accordance with the requirements of the Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(3)Apportion any special benefit assessment levied by the port district on any basis in accordance with Section 61 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), and any county in which the port district is located may collect, at the request of the port district, all special benefit assessments levied by the port district, and cause those revenues to be deposited into the county treasury to the credit of the port district, as set forth in that section.
(a)The board shall appoint members to an audit committee to serve as a standing committee for the port district. Each member of the committee shall be a voting member. The public members shall be appointed by the board for staggered three-year terms.
(b)The board shall select the three public members from among the following categories of persons, with no more than one appointee from each category at any one time:
(1)A professional with experience in the field of public finance and budgeting.
(2)An architect or civil engineer licensed to
practice in this state.
(3)A professional with experience in the field of real estate or land economics.
(4)A person with experience in managing construction of large-scale public works projects.
(5)A person with public or private sector executive level decisionmaking experience.
(6)A person who resides within the airport influence area of the San Diego International Airport (Lindbergh Field).
(7)A person with experience in environmental justice as it pertains to land use.
(c)The board may appoint other persons to serve as
nonvoting, noncompensated, ex officio members on the audit committee.
(d)In appointing the public members of the audit committee, the board shall provide for selection policies, appointment procedures, conflict-of-interest policies, length-of-term policies, and policies for providing compensation, if any.
(e)The audit committee shall serve as a guardian of the public trust, acting independently and charged with oversight responsibilities for reviewing the authority’s internal controls, financial reporting obligations, operating efficiencies, ethical behavior, and regular attention to cashflows, capital expenditures, regulatory compliance, and operations.
(f)The audit committee shall meet a minimum of four times per year
and shall, at a minimum, do all the following:
(1)Regularly review the port district’s accounting, audit, and performance monitoring processes.
(2)At the time of contract renewal, recommend to the appropriate committee and the board its nomination for an external auditor and the compensation of that auditor, and consider at least every three years whether there should be a rotation of the audit firm or the lead audit partner to ensure continuing auditor independence.
(3)Advise the appropriate committee and the board regarding the selection of the auditor.
(4)Be responsible for oversight and monitoring of internal and external audit functions, and
monitoring performance of, and internal compliance with, the port district policies and procedures.
(5)Be responsible for overseeing the annual audit by the external auditors and any internal audits.
(6)Make recommendations to the port district regarding paragraphs (1) to (5), inclusive.
(g)An affirmative vote by at least five members of the audit committee shall be required for approval of the annual internal and external audits, including performance monitoring, the auditor’s annual audit plan for each fiscal year submitted to the board for approval, and actions recommending or approving debt financing for the port district.
(Amended by Stats. 2013, Ch. 83, Sec. 8. (AB 1058)
Effective January 1, 2014.)
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
