CCLME.ORG - DIVISION 2.5.

(continued)

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21662, 21663, 21664.5, 21675 and 21684, Public Utilities Code.

s 4057. Operational Requirements.
(a) The sponsor shall have sufficient control over airport operations to ensure public health and safety. Such control shall be in the form of airport operating procedures, rules or regulations that are adopted by local ordinance or resolution. This section shall not apply to sponsors which are:
(1) Eligible pursuant to PUC section 21602(b), or
(2) An ALUC.
(b) No payment shall be made from the State Aeronautics Account for Annual Credits or A&D projects for an airport at which the Department determines general or commercial aviation activities are substantially restricted contrary to PUC sections 21682 or 21683.

Note: Authority cited. Section 21243, Public Utilities Code. Reference. Sections 21002, 21602, 21680, 21681, 21682 and 21683, Public Utilities Code.

s 4058. Airport Protection Requirements.
Except for planning projects relative to airport development or zoning needs around an airport, the Department shall not pay for expenditure on any airport, or for the acquisition and development of any airport, unless:
(a) The airport-owning entity has sufficient control, through ownership, easement, height restrictions, or zoning, over property in the vicinity of the airport to assure height restrictions that prevent obstructions to the airport's "Civil Airport Imaginary Surfaces" as depicted in Figure 3, or
(b) If the airport-owning entity's control is not sufficient to prevent obstructions to the airport's "Civil Airport Imaginary Surfaces" as depicted in Figure 3, the Department will determine whether the existing restrictions are adequate to provide reasonable assurance that aircraft operations at the airport can be conducted without obstruction or will be otherwise free from hazards. The sponsor shall provide sufficient information to the Department, upon which the Department can make such a determination.

Note: Authority cited. Section 21243, Public Utilities Code. Reference. Sections 21002 and 21688, Public Utilities Code.

s 4059. Ineligible Projects.
Payments from the Aeronautics Account are not allowed for any of the following projects:
(a) With the exception of projects for "Land Acquisition" and "Project Services" as defined in section 4052, those projects that the sponsor has already started or completed, prior to allocation of AIP Matching or Acquisition and Development (A&D) funds.
(b) "Land Acquisition," as defined in section 4052, if the sponsor purchases the property prior to the date the Department receives an application for AIP Matching or Acquisition and Development (A&D) funds, or a request for the disbursement of Annual Credit monies to acquire such property.
(c) Legal and administrative costs incurred for "Land Acquisition" and "Project Services".
(d) Matching AIP grant funds prior to sponsor's acceptance of the federal grant.
(e) Projects not authorized under these regulations.
(f) "Project services," as defined in section 4052, for projects that are neither funded nor completed under the CAAP.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21681, 21682, 21683 and 21683.1, Public Utilities Code.

s 4060. Resolution of Unallowable Costs.
(a) If a sponsor's audit pursuant to PUC section 21686 identifies unallowable costs, the sponsor shall either:
(1) Repay the Department for the unallowable costs within 30 days of the date that the sponsor submitted its audit findings to the Department or,
(2) Request the Department waive the costs within 30 days of the date that the sponsor submitted its audit findings to the Department.

If the sponsor requests a waiver of the costs, but the Department does not waive them, the sponsor shall repay the costs within 30 days' of its receipt of the Department's notice. The State Controller has the authority to withhold other state funds due the sponsor in order to repay the State Aeronautics Account when the sponsor fails to make restitution as required by this regulation.
(b) "Unallowable costs" include funds used for "land acquisition" if the acquired land is not used for the purpose for which funding was authorized within three years of purchase unless the sponsor has a written waiver from the Department.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21680 and 21686, Public Utilities Code.

s 4061. Eligible Acquisition and Development (A&D) Projects.
An A&D project must be included in the Department's most recently adopted Capital Improvement Plan of the California Aviation System Plan to be eligible for A&D grant funds. In addition to the projects identified in PUC sections 21207 and 21681(f), the following capital improvements are eligible projects for A&D grants:
(a) Aircraft Parking Tiedown Apron. Construction and reconstruction of aircraft parking tie-down apron areas for GA purposes, including necessary grading and drainage.
(b) Airport Markings and Signage. Purchase and installation of airport markings and signage. Airport markings and signage are used for guiding operators of aircraft using runways, taxiways, aprons, service roads and aircraft parking areas on an airport. It includes, but is not limited to: painting of runways, taxiways, aprons, and aircraft parking areas; segmented circles; wind socks; traffic pattern indicators; wind tees; tetrahedrons; and other physical structures which provide visual indicators to assist pilots in safely maneuvering aircraft.
(c) Airport Service Roads. Construction of airport service roads, which are roads, closed to the public, that provide access for emergency vehicles, airport service vehicles, and vehicles authorized by airport management.
(d) Blast Barriers. Construction of blast barriers, which are natural or manufactured barricades used to absorb, divert or dissipate jet blast or propeller wash.
(e) Environmental Mitigation, as defined in section 4052.
(f) Objects/Obstructions/Hazards. Removal of objects from Runway Protection Zones and Runway Safety Areas, as depicted in Figures 1 and 2 respectively. Removal of hazards and the lighting or removal of obstructions that exceed the Civil Imaginary Surfaces, as depicted in Figure 3. The Department shall determine whether an object that exceeds the Civil Imaginary Surfaces, as depicted in Figure 3, is a "hazard" for the purposes of this regulation.
(g) Pavement. Rehabilitation and maintenance of pavement. Pavement means a structural section that carries aircraft traffic on the ground. A structural section is comprised of layers of specified materials placed over the native soil to support the loads applied or accumulated during the design life of the pavement.
(1) Rehabilitation is work performed to extend the service life of an existing pavement. Rehabilitation includes, but is not limited to:
(A) An overlay, which is a layer placed on existing pavement to restore ride quality, to increase structural strength, or to extend the service life, and
(B) Reconstruction, which is the partial or complete removal and replacement of a pavement.
(2) Maintenance is work performed to preserve an existing pavement that is necessary for the safe and efficient use of an airport. Maintenance includes, but is not limited to, a slurry seal, which is a preservative bituminous coating, with aggregate, applied to a bituminous surface pavement for the purpose of waterproofing or rejuvenating it.
(h) Project services, as defined in section 4052 and within the limits of section 4063.
(i) Radio Communication Equipment. Purchase and installation of aviation radio communication equipment and facilities, which remain under sponsor control.
(j) Water and Sanitary Systems. Purchase and installation of water and sanitary systems necessary for GA purposes on an airport.

Note: Authority cited: Sections 21243 and 21681(f)(15), Public Utilities Code. Reference: Sections 21207, 21681, 21683 and 21706, Public Utilities Code.

s 4062. Eligible Annual Credit Projects.
Sponsors may use Annual Credit funds for expenditures specified in PUC sections 21681(f) and (g), and section 4061 of these regulations. Such facilities must remain under the ownership and control of the sponsor. In addition, sponsor may use Annual Credit funds for the acquisition and installation, as appropriate, of the following:
(a) Aircraft Wash Facility, which is a paved area available to wash aircraft which has access to a water supply; is environmentally acceptable; and is accessible from the airport taxiway system.
(b) Fueling Facility, which is a mechanism used to pump aviation gasoline or aircraft jet fuel into GA aircraft.
(c) Local Matching Funds, which are funds to match a federally-funded AIP project.
(d) Restrooms and Showers, which means a room(s) with the basic conveniences for a person to wash, which may include showers, and with at least one toilet.

Note: Authority cited: Sections 21243, 21681(f)(15) and 21682, Public Utilities Code. Reference: Sections 21681 and 21682, Public Utilities Code.

s 4062.1. Eligible AIP Matching Projects.
A federally-funded AIP project must be included in the Department's most recently adopted Capital Improvement Plan of the California Aviation System Plan to be eligible for AIP Matching funds.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21683.1 and 21706, Public Utilities Code.

s 4063. Program Description.
Pursuant to PUC section 21683, sponsors may apply for A&D grants to fund projects described in section 4061 of these regulations that are primarily for GA purposes.
(a) Local Matching Fund Requirements. The sponsor shall provide matching funds pursuant to PUC section 21684. Matching funds shall not consist of funds previously received from state or federal agencies, or funds previously used to match federal or state funds. No state or federal funds may be used to match an A&D grant.
(b) Project Minimum. The minimum grant amount for an A&D funded project is an amount equal to twice the amount of an Annual Credit as specified in PUC section 21682(b).
(c) Airport Maximum. The maximum A&D grant funding allocated to any airport in a fiscal year shall not exceed $500,000. The Department may grant an exception to this limit for any of the following conditions:
(1) The airport's project requires additional funds to correct a design deficiency that would prevent the airport from meeting the design standards necessary to qualify for a permit for a new airport pursuant to CCR, Title 21, Article 3, section 3540 et seq.
(2) The airport is not eligible for federal funding.
(3) The Department determines that it is appropriate to exceed this maximum. For instance, it may be appropriate when a project's remoteness relative to required construction materials, such as rock plants, concrete plants, and asphalt plants, results in unusually high construction costs. The sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the appropriateness of exceeding the maximum annual allocation of $500,000.
(d) Project Services. "Project services" can be a maximum of 12 percent of the total construction cost or land acquisition cost, including real estate costs of appraisal, escrow and title fees.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21666, 21681, 21683 and 21684, Public Utilities Code.

s 4064. A&D Project Application Process.
The Department will process all applications for allocation of funds for A&D grants that meet the requirements of this section. To apply for an A&D grant, the sponsor shall submit a completed and signed "Acquisition & Development Grant - Application" [DOA-0010 (Rev.01/2005)] to the Department with the following documentation included:
(a) Local Government Approval. Either a resolution or minute order from the governing board of the sponsor documenting its authorization for filing the application for funding; accepting the allocation of funds for the project; executing the grant agreement; and naming the person authorized to sign any documents required to apply for and accept these funds on the sponsor's behalf. The resolution or minute order shall also certify the availability of matching funds from the sponsor, or other non-state/non-federal funding source, to meet the required local share of the project cost in the state fiscal year for which the application is made.
(b) Federal Aviation Administration Documentation. The FAA's final determination regarding the sponsor's submission of Federal form(s), such as FAA Form 7460-1 or FAA Form 7480-1, when applicable.
(c) Environmental Compliance. Verification that sponsor is in compliance with the California Environmental Quality Act (CEQA) for the project. During the CEQA public review period, the sponsor, or its representative, shall circulate all environmental documents for the project through the Department and the Office of Planning and Research, State Clearinghouse.
(d) Airport Layout Plan or Drawing with Project Information.
An Airport Layout Plan (ALP), as defined in section 4052, with a depiction of the proposed project and its location highlighted. The ALP shall be:

(1) The most recent FAA approved version if the airport is in the NPIAS or
(2) An 11 x 17-inch drawing of the airport approved by the sponsor if the airport is not in the NPIAS.
Either an electronic version or a legible hardcopy of the ALP, or the 11 x 17- inch drawing, is acceptable.
This subdivision does not apply to a grant to prepare a new ALP; a new Airport Land Use Compatibility Plan (ALUCP); or an update to an existing ALUCP.
(e) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the project is planned; or if the project is for an ALP, Master Plan, or ALUCP.
(f) Additional Documentation. Sponsor shall submit project cost estimates. Sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the project for funding.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21681, 21683, 21688 and 21706, Public Utilities Code.

s 4065. Allocation Procedures.

s 4066. Program Description.
Pursuant to PUC section 21683.1, sponsors may apply for AIP Matching grants to assist the sponsor in meeting the local match for federally-funded AIP projects.
Local Matching Fund Requirements. In accordance with PUC section 21683.1, and primarily for general aviation (GA) purposes, sponsors may apply for Aeronautics Account funds to match a federal Airport Improvement Program (AIP) grant received by the sponsor. The Department may provide funding in an amount equal to:
(a) 5% of the amount of any AIP grant and
(b) Until December 31, 2006, 10% of the amount of an AIP grant for "security projects" at small GA airports with fewer than 80,000 annual aircraft take-offs and landings. Eligible "security projects" are described in PUC section 21683.1(c).

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21680 and 21683.1, Public Utilities Code.

s 4067. AIP Matching Grant Application Process.
To apply for an AIP Matching grant, the sponsor shall submit a completed and signed "State Matching Grant for FAA Airport Improvement Program -Application" form [DOA-0012 (Rev. 01/2005)] or "State Matching Grant for Airport Improvement Program Security Component -Application" [DOA-0011 (Rev. 01/2005)] to the Department with the following documentation included:
(a) Local Government Approval. Either a resolution or minute order from the governing board of the sponsor documenting its authorization for filing the application for funding; accepting the allocation of funds for the project; executing the grant agreement; and naming the person authorized to sign any documents required to apply for and accept these funds on the sponsor's behalf.
(b) FAA Grant Agreement. Sponsor shall submit a copy of the FAA AIP Grant Agreement that has been signed by designated representatives of the sponsor and the FAA.
(c) Environmental Compliance. Verification that sponsor is in compliance with the California Environmental Quality Act (CEQA) for the project. During the CEQA public review period, the sponsor, or its representative, shall circulate all environmental documents for the project through the Department and the Office of Planning and Research, State Clearinghouse.
(d) Airport Layout Plan with Project Information. The most recent adopted and FAA approved Airport Layout Plan (ALP), as defined in section 4052, with a depiction of the proposed project and its location highlighted. Either an electronic version or a legible hardcopy of the ALP is acceptable. This subdivision does not apply to a grant to prepare a new ALP.
(e) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the project is planned; or if the project is for an ALP.
(f) Additional Information. Sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the project for funding.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21683.1, 21688 and 21706, Public Utilities Code.

s 4069. Program Description and Annual Credit Disbursement Process.
The Annual Credit provides eligible airports with annual discretionary funding subject to the provisions of PUC section 21682. To request approval to expend Annual Credit funds, the sponsor shall submit the following to the Department:
(a) Standard Application Form or letter. A completed and signed "California Aid to Airports Program (CAAP) -Annual Credit Disbursement Request" form [DOA-0009 (rev. 01/2005)]; or a signed letter requesting the Department's approval for expenditure of funds on eligible projects. The sponsor may either apply for disbursement of the Annual Credit, or automatically accumulate the Annual Credit for a period of five years. The accrual period begins with the first fiscal year during which the Annual Credit is available to the sponsor. The sponsor shall indicate the planned use of the Annual Credit in the application or letter.
(b) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the expenditure is planned.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21682 and 21688, Public Utilities Code.

s 4070. Program Description.
The regulations in this chapter establish procedures for the administration of the California Airport Loan Program as provided for in Public Utilities Code (PUC) Section 21602. Subject to the availability of funds, the Department may provide funding in the form of loans to eligible sponsors.
Definitions set forth in the State Aeronautics Act (PUC sections 21001 et seq.) and in section 4052 of Chapter 4 also apply within this Chapter. Additionally within this Chapter, "funding" means the granting of a loan by the Department pursuant to these regulations.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002 and 21602, Public Utilities Code.

s 4071. Conditions of Eligibility.
(a) Sponsor Eligibility. To be eligible for funding, the sponsor must meet the eligibility requirements of Chapter 4, Article 2, sections 4056 through 4058 of these regulations.
(b) Projects Eligibility.
(1) Ineligible Projects. The following projects are not eligible for funding:
(A) Projects to accommodate scheduled air carriers; and

(B) Local matching fund requirements for an A&D grant pursuant to Chapter 4.
(2) Eligible Projects. The following projects are eligible for funding:
(A) On airport projects that enhance an airport's ability to provide general aviation services in a safe, efficient, and economical manner such as, but not limited to, aircraft storage facilities (hangars), general aviation terminal buildings or pilots lounges, utility services (power, water, sewer, etc.), and fueling facilities.
(B) Local matching funds for AIP grants, provided that the sponsor has accepted the federal AIP grant; and
(C) Projects eligible for A&D grants in accordance with Chapter 4.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602 and 21681, Public Utilities Code.

s 4072. Project Feasibility Requirements.
In addition to the eligibility criteria within section 4071, the sponsor must demonstrate that the proposed project meets the following feasibility requirements:
(a) Engineering Feasibility. For loans for construction projects only, a proposed project shall be feasible from an engineering assessment, which means that it can be designed, constructed, and operated in accordance with generally-accepted engineering principles and procedures, for the purpose for which the project is created. The engineering feasibility requirement does not apply to loans made only for the purpose of preparing "Plans, Specifications, and Estimates" for an airport construction project. This section is not required for a loan to match an FAA AIP grant.
(b) Economic Feasibility. For revenue-generating loans only, a proposed project shall be economically justified. Sponsor's completed "Checklist for Economic Feasibility," on the back of the "Revenue Generating Loan-Application" form [DOA-0020 (Rev. 01/2005)], must show that total projected monetary benefits of the project equal or exceed total costs over the service life of the proposed project, where "total costs" means the sum of capital, maintenance, and administrative costs over the service life of the project.
(c) Financial Feasibility. The Department may refuse any loan if it determines that the sponsor does not have the financial ability to repay the loan in accordance with section 4073.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002 and 21602, Public Utilities Code.

s 4072.1. Application Process.
To apply for a loan, the sponsor shall submit a completed and signed application (appropriate to the type of loan requested - "Airport Development Loan-Application" [DOA-0013 (Rev. 01/2005)], "Matching Funds Loan-Application" [DOA-0019 (Rev. 01/2005)], or "Revenue Generating Loan-Application" [DOA-0020 (Rev. 01/2005)]) to the Department with the following documentation included:
(a) Sponsor Acceptance and Approval. A resolution or minute order from the governing board of the sponsor documenting its approval of the application for a loan and certifying the sponsor's ability to repay the loan.
(b) Federal Aviation Administration Documentation.

(1) For loans to match an FAA AIP grant only. A copy of the FAA AIP Grant Agreement that has been signed by designated representatives of the sponsor and the FAA. The Department may evaluate a loan application based upon a sponsor's application to the FAA for grant funds, but the Department cannot award the loan until it has a copy of the FAA AIP Grant Agreement described above.
(2) The FAA's final determination regarding the sponsor's submission of Federal form(s), such as FAA Form 7460-1 or FAA Form 7480-1, when applicable.
(c) Environmental Compliance. Verification that sponsor is in compliance with the California Environmental Quality Act (CEQA) for the project, if applicable. During the CEQA public review period, the sponsor, or its representative, shall circulate all environmental documents for the project through the Department and the Office of Planning and Research, State Clearinghouse.
(d) Airport Layout Plan or Drawing with Project Information. An Airport Layout Plan (ALP), as defined in section 4052, with a depiction of the proposed project and its location highlighted. The ALP shall be:
(1) The most recent FAA approved version if the airport is in the NPIAS or

(2) An 11 x 17-inch drawing of the airport approved by the sponsor if the airport is not in the NPIAS.
Either an electronic version or a legible hardcopy of the ALP, or the 11 x 17- inch drawing, is acceptable.
This subdivision does not apply to a loan to prepare: (A) a new ALP; (B) a new Airport Land Use Compatibility Plan (ALUCP); or (C) an update to an existing ALUCP.
(e) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of Chapter 4 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the project is planned; or if the project is for an ALP, Master Plan, or ALUCP.
(f) Project Feasibility Requirements. Demonstration that the proposed project is feasible pursuant to section 4072.
(g) Additional Information. Sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the proposed project.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602 and 21688, Public Utilities Code.

s 4073. Servicing of the Loan.
All funds expended under this program shall be repaid to the Department, together with any interest due. The State Controller has the right to impound, or withhold, all other State funds due the borrowing agency to satisfy this requirement.
(a) Repayment.
(1) A loan made under this chapter shall be repayable over a period established by the Department for each loan, which shall not exceed a 17-year period. The sponsor shall make payments to the Department on an annual basis, as established in the loan agreement between the sponsor and the Department, commencing one year from the date that the State Controller issues the warrant for the loan proceeds. Interest shall be computed daily on the basis of the outstanding principal.
(2) Where a loan has been made for the construction of a revenue-generating project, the sponsor shall establish a separate account within the airport's special aviation fund for the purpose of receiving revenue which would be held in trust, in an amount equal to one year's repayment of the loan. Revenue received after the first year's payment would be available to the airport for the purpose of achieving financial self-sufficiency.
(3) Nothing in these regulations shall be construed as prohibiting the sponsor from making early repayment, either in full or in part. Interest due as of the date of early payment shall be included in the early payment.
(b) Interest Rate. Interest charged for loans made under this Chapter will be at the interest rate paid by the State on its most recent issue of general obligation bonds sold prior to the date that the loan is approved.
Figure 1. Runway Protection Zone

Table 1. Runway Protection Zone (RPZ) Dimensions for Civilian Runways

Figure 2. Runway Safety Area

Table 2. Runway Safety Area Dimensions

Figure 3. Civil Airport Imaginary Surfaces

Figure 3. Civil Airport Imaginary Surfaces (cont.)

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002 and 21602, Public Utilities Code.

Appendix
Forms: DOA-0007 (Rev. 01/2005) California Aid to Airports Program (CAAP) - Certification DOA-0009 (Rev. 01/2005) California Aid to Airports Program (CAAP) - Annual Credit Disbursement Request DOA-0010 (Rev. 01/2005) Acquisition & Development Grant - Application DOA-0011 (New 01/2005) State Matching Grant for Airport Improvement Program Security Component - Application DOA-0012 (Rev. 01/2005) State Matching Grant for FAA Airport Improvement Program -Application DOA-0013 (Rev. 01/2005) Airport Development Loan - Application DOA-0019 (Rev. 01/2005) Matching Funds Loan - Application DOA-0020 (Rev. 01/2005) Revenue Generating Loan - Application

s 5000. Preamble.
The following rules and regulations are promulgated in accordance with Article 3, Chapter 4, Part 1, Division 9, Public Utilities Code (Regulation of Airports) to provide noise standards governing the operation of aircraft and aircraft engines for all airports operating under a valid permit issued by the Department of Transportation. These standards are based upon two separate legal grounds: (1) the power of airport proprietors to impose noise ceilings and other limitations on the use of the airport, and (2) the power of the state to act to an extent not prohibited by federal law. The regulations are designed to cause the airport proprietor, aircraft operator, local governments, pilots, and the department to work cooperatively to diminish noise problems. The regulations accomplish these ends by controlling and reducing the noise impact area in communities in the vicinity of airports.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5001. Definitions.
The definitions in the following subsections apply to this subchapter.
(a) Air Carrier: Air carrier is any aircraft operating pursuant to a federal certificate of public convenience and necessity, including any certificate issued pursuant to 49 U.S.C. Section 1371 and any permit issued pursuant to 49 U.S.C. Section 1371.
(b) Aircraft Operator: Aircraft operator means the legal or beneficial owner of the aircraft with authority to control the aircraft utilization except where the aircraft is leased, the lessee is the operator.
(c) Airport Proprietor: Airport proprietor means the holder of an airport permit issued by the department pursuant to Article 3, Chapter 4, Part 1, Division 9, Public Utilities Code.
(d) Annual CNEL: The annual CNEL, in decibels, is the average (on an energy basis) of the daily CNEL over a 12-month period. The annual CNEL is calculated in accordance with the following:
Annual CNEL = 10 log 10 [(1/365) S Antilog (CNEL(i)/10)]
where CNEL(i) = the daily CNEL for each day in a continuous 12-month period, and S means summation.
When the annual CNEL is approximated by measurements on a statistical basis, as specified in Section 5034, the number 365 is replaced by the number of days for which measurements are obtained.
(e) County: County, as used herein, shall mean the county board of supervisors or its designee authorized to exercise the powers and duties herein specified.
(f) Daily Community Noise Equivalent Level (CNEL): Community noise equivalent level, in decibels, represents the average daytime noise level during a 24-hour day, adjusted to an equivalent level to account for the lower tolerance of people to noise during evening and night time periods relative to the daytime period. Community noise equivalent level is calculated from the hourly noise levels by the following:
CNEL = 10 log (1/24) [ SIGMA antilog (HNLD/10) + 3 SIGMA antilog

(HNLE/10) + 10 SIGMA antilog (HNLN/10)]

Where
HNLD are the hourly noise levels for the period 0700-1900 hours;
HNLE are the hourly noise levels for the period 1900-2200 hours;
HNLN are the hourly noise levels for the period 2200-0700 hours; and SIGMA means summation.
(g) Department: Department means the Department of Transportation of the State of California.
(h) General Aviation: General aviation aircraft are all aircraft other than air carrier aircraft and military aircraft.
(i) Hourly Noise Level (HNL): The hourly noise level, in decibels, is the average (on an energy basis) noise level during a particular hour. Hourly noise level is determined by subtracting 35.6 decibels (equal to 10 log 10 3600) from the noise exposure level measured during the particular hour, integrating for those periods during which the noise level exceeds a threshold noise level.
For implementation in this subchapter of these regulations, the threshold noise level shall be a noise level which is 10 decibels below the numerical value of the appropriate Community Noise Equivalent Level (CNEL) standard specified in Section 5012. At some microphone locations, sources of noise other than aircraft may contribute to the CNEL. Where the airport proprietor can demonstrate that the accuracy of the CNEL measurement will remain within the required tolerance specified in Section 5070, the department may grant a waiver to increase the threshold noise level.
(j) Noise Exposure Level (NEL): The noise exposure level is the level of noise accumulated during a given event, with reference to a duration of one second. More specifically, noise exposure level, in decibels, is the level of the time-integrated A-weighted squared sound pressure for a stated time interval or event, based on the reference pressure of 20 micronewtons per square meter and reference duration of one second.
(k) Noise Impact Area: Noise impact area is the area within the noise impact boundary that is composed of incompatible land use.
(l) Noise Impact Boundary: Noise impact boundary is the locus of points around an airport for which the annual CNEL is equal to the airport noise standard established in Section 5012. The concepts of noise impact boundary and noise impact area are illustrated in Figure 1.

Figure 1. Conceptual Sketch of Noise Impact Boundary and Noise Impact Area

(m) Noise Level (NL): Noise level is the measure in decibels of an A-weighted sound pressure level as measured using the slow dynamic characteristic for sound level meters specified in American National Standard Specification for Sound Level Meters, (ANSI S1.4-1983 as revised by ANSI S1.4A-1985) which is hereby incorporated by reference. The A-weighting characteristic modifies the frequency response of the measuring instrument to account approximately for the frequency characteristics of the human ear. The reference pressure is 20 micronewtons/square meter (2 x 10 -4 microbar).
(n) Noise Problem Airport: "Noise problem airport" is an airport that the county in which the airport is located has declared to have a noise problem under section 5020.
(o) Single Event Noise Exposure Level (SENEL): The single event noise exposure level, in decibels, is the noise exposure level of a single event, such as an aircraft flyby, measured over the time interval between the initial and final times for which the noise level of a single event exceeds a predetermined threshold noise level.
(p) Sound Pressure Level (SPL): The sound pressure level, in decibels (dB), of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of that sound to the reference pressure 20 micronewtons/square meter (2 x 10 -4 microbar).

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5002. Liberal Construction.
This subchapter shall be liberally construed and applied to promote its underlying purposes which are to protect the public from noise and to resolve incompatibilities between airports and their surrounding neighbors.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5003. Constitutionality.
If any provision of this subchapter or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the subchapter and the application of such provision to other persons or circumstances shall not be affected thereby.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5004. Provisions Not Exclusive.
The provisions of this subchapter are not exclusive, and the remedies provided for in this subchapter shall be in addition to any other remedies provided for in any other law or available under common law. It is not the intent of these regulations to preempt the field of aircraft noise limitation in the state. The noise limits specified herein are not intended to prevent any local government to the extent not prohibited by federal law or any airport proprietor from setting more stringent standards.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5005. Applicability.
These regulations establish to the extent not prohibited by Federal law a mandatory procedure which is applicable to all airports in California that are required to operate under a valid permit issued by the department. These regulations are applicable (to the extent not prohibited by Federal law) to all operations of aircraft and aircraft engines which produce noise.
The regulations established by this subchapter are not intended to set noise levels applicable in litigation arising out of claims for damages occasioned by noise. Nothing herein contained in these regulations shall be construed to prescribe a duty of care in favor of, or to create any evidentiary presumption for use by, any person or entity other than the State of California, counties and airport proprietors in the enforcement of these regulations.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5006. Findings.
Citizens residing in the vicinity of airports are exposed to the noise of aircraft operations. There have been numerous instances wherein individual citizens or organized citizen groups have complained about airport noise to various authorities. The severity of these complaints has ranged from a few telephone calls to organized legal action. Many of these cases have been studied by acoustics research workers under sponsorship of governmental and private organizations. These studies have generally shown that the severity of the complaint is principally associated with a combination of the following factors:
(a) Magnitude and duration of the noise from aircraft operations;
(b) Number of aircraft operations; and
(c) Time of occurrence during the day (daytime, evening or night).
There are many reasons given by residents for their complaints; however, those most often cited are interference with speech communication, TV, and sleep. Numerous studies have been made related to speech interference and hearing damage, and some studies have been made related to sleep disturbance and other physiological effects. These studies provide substantial evidence for the relationship between noise level and its interference with speech communication and its effect relative to hearing loss. Significantly less information is available from the results of sleep and physiological studies.
In order to provide a systematic method for evaluating and eventually reducing noise incompatibilities in the vicinity of airports, it is necessary to quantify the noise problem. For this purpose, these regulations establish a procedure for defining a noise impact area surrounding an individual airport. The criteria and noise levels utilized to define the boundaries of the noise impact area have been based on existing evidence from studies of community noise reaction, noise interference with speech and sleep, and noise induced hearing loss.
One of the fundamental philosophies underlying the procedures in these regulations is that any noise quantity specified by these regulations be measurable by relatively simple means. Therefore, these regulations utilize as their basic measure the A-weighted noise level, which is the most commonly accepted simple measure. To insure consistency between criteria and measurement, the units for the criteria are also based on the A-weighted sound level rather than one of the several more complex perceived noise levels.
The level of noise acceptable to a reasonable person residing in the vicinity of an airport is established as a community noise equivalent level (CNEL) value of 65 dB for purposes of these regulations. This criterion level has been chosen for reasonable persons residing in urban residential areas where houses are of typical California construction and may have windows partially open. It has been selected with reference to speech, sleep and community reaction.
It is recognized that there is a considerable individual variability in the reaction to noise. Further, there are several factors that undoubtedly influence this variability and which are not thoroughly understood. Therefore, this criterion level does not have a degree of precision which is often associated with engineering criteria for a physical phenomenon (e.g., the strength of a bridge, building, etcetera). For this reason, the state will review the criterion periodically, taking into account any new information that might become available.

Note: Authority cited: Sections 21243 and 21669, Public Utilities Code. Reference: Air Transport Association of America v. Crotti (N.D.Cal. 1975) 389 F.Supp. 58.

s 5010. Purpose.
The purpose of these regulations is to provide a positive basis to accomplish resolution of existing noise problems in communities surrounding airports and to prevent the development of new noise problems. To accomplish this purpose, these regulations establish a quantitative framework within which the various interested parties (i.e., airport proprietors, aircraft operators, local communities, counties and the state) can work together cooperatively to reduce and prevent airport noise problems.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5011. Methodology for Controlling and Reducing Noise Problems.

s 5012. Airport Noise Standard.
The standard for the acceptable level of aircraft noise for persons living in the vicinity of airports is hereby established to be a community noise equivalent level of 65 decibels. This standard forms the basis for the following limitation.
No airport proprietor of a noise problem airport shall operate an airport with a noise impact area based on the standard of 65 dB CNEL unless the operator has applied for or received a variance as prescribed in Article 5 of this subchapter.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5013. Noise Impact Boundary.

s 5014. Incompatible Land Uses Within the Noise Impact Boundary.
For the purpose of determining the size of the noise impact area, the following land uses are incompatible:
(a) Residences, including but not limited to, detached single-family dwellings, multi-family dwellings, high-rise apartments or condominiums, and mobile homes, unless:
(1) an avigation easement for aircraft noise has been acquired by the airport proprietor, or

(2) the dwelling unit was in existence at the same location prior to January 1, 1989, and has adequate acoustic insulation to ensure an interior CNEL due to aircraft noise of 45 dB or less in all habitable rooms. However, acoustic treatment alone does not convert residences having an exterior CNEL of 75 dB or greater due to aircraft noise to a compatible land use if the residence has an exterior normally cognizable private habitable area such as a backyard, patio, or balcony. Or,
(3) the residence is a high rise apartment or condominium having an interior CNEL of 45 dB or less in all habitable rooms due to aircraft noise, and an air circulation or air conditioning system as appropriate, or
(4) the airport proprietor has made a genuine effort as determined by the department in accordance with adopted land use compatibility plans and appropriate laws and regulations to acoustically treat residences exposed to an exterior CNEL less than 80 dB (75 dB if the residence has an exterior normally occupiable private habitable area such as a backyard, patio, or balcony) or acquire avigation easements, or both, for the residences involved, but the property owners have refused to take part in the program, or
(5) the residence is owned by the airport proprietor.
(b) Public and private schools of standard construction for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to ensure an interior CNEL of 45 dB or less in all classrooms due to aircraft noise;
(c) hospitals and convalescent homes for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to provide an interior CNEL of 45 dB or less due to aircraft noise in all rooms used for patient care;
(d) churches, synagogues, temples, and other places of worship for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to ensure an interior CNEL of 45 dB or less due to aircraft noise.

Note: Authority cited: Sections 21243 and 21669, Public Utilities Code. Reference: Air Transport Association of America v. Crotti (N.D.Cal 1975) 389 F. Supp. 58.

s 5015. Changes in Airport Ownership or Control.

Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21669-21669.5, Public Utilities Code.

s 5020. Designating Noise Problem Airport.
Any county may, at any time, in accordance with the procedure herein, declare any airport within its boundaries to have a noise problem, by adopting a resolution to this effect and forwarding it to this department. In making the determination, the county shall:
(a) Review relevant information, including but not limited to, the record of complaints made, and litigation filed, by residents of the area regarding airport related aircraft noise.
(b) Investigate the possible existence of a noise impact area.
(c) Coordinate with and give due consideration to the recommendations of the applicable airport land use commission established under section 21670 of the Public Utilities Code.
(d) For an airport with joint use by both military and civilian aircraft operations, base its finding only on civilian operations.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities code.

s 5021. Review of Finding.
Any person or government agency shown, by the results of an investigation conducted under section 5020(b) or by independent competent evidence, to own, reside in, or have jurisdiction over any area within the 65 dB CNEL boundary of any airport may seek review of the finding of the county under section 5020 solely on the issue of substantial evidence by filing a petition to this effect with the department within 10 days of adoption of the finding.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5022. County Enforcement.
The county wherein a noise problem airport is situated shall enforce this subchapter.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5023. Noise Monitoring.
The county shall require the airport proprietor for each airport within its jurisdiction determined to have a noise problem, for which the estimated location of the noise impact boundary extends into incompatible land uses, to establish a program of noise monitoring to validate the location of the noise impact boundary in accordance with a monitoring plan approved by the department.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5024. Audit.
For each noise problem airport, the county shall review and audit noise monitoring data supplied by the airport proprietor for the purpose of ensuring that the data were produced in accordance with the monitoring system plan approved by the department and that the information presented by the airport proprietor is certified as being true and correct by the person in charge of operating the noise monitoring system. Duplicative monitoring by the county is not required.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.

s 5025. County Report.
The county shall submit quarterly to the department for each noise problem airport within 75 days after the end of each calendar quarter, a report containing at least the following information:
(a) A map illustrating the location of the noise impact boundary, as validated by measurement, and the location of measurement points, in the four preceding calendar quarters; (continued)