COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors - Airport Subcommittee

DATE:

December 9, 2002

BOARD MEETING DATE:

December 17, 2002

TO:

Honorable Board of Supervisors

FROM:

Airport Subcommittee of the Board of Supervisors

SUBJECT:

Board Report Regarding Environmental/Regulatory Review Process for San Francisco International Airport Runway Modernization Project

Background

As noted in prior reports to this Board, San Francisco International Airport ("SFIA") is studying the possible modernization of its runway configuration, a project that would require SFIA to acquire interests in submerged San Francisco Bay land lying within the political boundaries of San Mateo County. Before SFIA may undertake any such runway project, the California Environmental Quality Act ("CEQA") and the National Environmental Policy Act ("NEPA") require, respectively, the preparation of an Environmental Impact Report ("EIR") and an Environmental Impact Statement ("EIS").

According to information provided to the County and conveyed to this Board in earlier reports, SFIA tentatively planned to complete and release a draft EIR ("DEIR") by January 2003, with a draft EIS ("DEIS") to follow four to six months thereafter. As discussed below, these anticipated DEIR and DEIS release dates have changed.

Due to modifications in the DEIR and DEIS timelines, milestones for completion of certain tasks by the County (such as adoption of procedures and standards for consideration of any application submitted by SFIA under section 21661.6 of the California Public Utilities Code)¹, have also been adjusted.

Section 21661.6 of the Public Utilities Code generally provides that before land or any interest in land may be acquired by a political subdivision of the State for the purpose of expanding or enlarging any existing publicly-owned airport, the acquiring entity must submit for approval a plan for the expansion or enlargement to the governing board of the political subdivision in which the property proposed to be acquired is located.

Discussion

Project Timelines

Based on recent discussions with SFIA representatives, the County now understands that the schedule for the runway project's environmental/regulatory review has been adjusted due, in part, to additional studies and modeling requested by the National Oceanic and Atmospheric Administration ("NOAA") Scientific Panel retained by SFIA to review the project. SFIA has provided the following revised target dates for some key components of the project's environmental/regulatory review process:

· Draft Environmental Impact Report: June 2003. Until recently, SFIA maintained that the San Francisco Office of Environmental Review ("OER") would complete the project's DEIR by January 2003. However, because the DEIR will incorporate many of the scientific studies produced and/or reviewed by the NOAA Scientific Panel, SFIA now states that the OER will not publish the document until approximately two months after the NOAA panel completes its work in April 2003. According to SFIA, the public comment/review period for the DEIR will last from six to nine months.

· Draft Environmental Impact Statement: November 2003. The Federal Aviation Administration ("FAA") is the lead federal agency responsible for preparation of this document, which SFIA reports it expects to have completed by November 2003. Pursuant to regulations promulgated under NEPA, the DEIS, when completed, will be filed with the United States Environmental Protection Agency ("EPA"), which will, in turn, publish a Notice of Completion in the Federal Register. For a minimum of ninety days after this publication, comments on the DEIS may be submitted by various entities, including appropriate state and local agencies which are authorized to develop and enforce environmental standards.

· Final Environmental Impact Report: Summer, 2004. Based on its expectation that the public comment period on the DEIR will last for six to nine months, SFIA plans to have the Final EIR completed during the summer of 2004, and to submit it to the San Francisco Planning Commission for consideration of certification soon thereafter. Assuming that the Planning Commission certifies the document, and further assuming that an appeal of the certification is lodged, the matter of certification will go to the San Francisco Board of Supervisors.

· Final Environmental Impact Statement: Fall, 2004. SFIA anticipates that, after a public comment period, the FAA will complete the Final EIS during the fall of 2004. After completion of the Final EIS, the FAA will file the document with the EPA which will, again, publish a Notice of Completion in the Federal Register. No action of the project may take place for a minimum of thirty days after the publication of the notice.

· Proposition D Vote: November 2004 Ballot. Proposition D amended the San Francisco City Charter to require a city-wide vote on any proposed City project requiring more than 100 acres of fill in San Francisco Bay. SFIA hopes to see the matter of the runway modernization project on the City's November 2004 ballot. We understand that, if a majority of the electorate does not approve it, SFIA will not be able to proceed with the project, as every build option under consideration for the project requires more than one hundred acres of Bay fill.

· Section 21661.6 Approval Process: 2005. As discussed, an acquisition of any interest in property located within unincorporated San Mateo County by SFIA in order to expand or enlarge the airport requires the approval of an expansion or enlargement plan approved by this Board. SFIA has stated that it does not intend to submit a plan for approval prior to 2005. County staff is presently refining the procedures and criteria that will be used to process and consider any plan submitted by SFIA pursuant to section 21661.6. This Subcommittee expects that these procedures and criteria will be submitted to this Board well before any application under section 21661.6 is submitted by the airport.

Environmental Consultant

In order to assist the County to fully exercise its powers and carry out its responsibilities with respect to, among other environmental-related matters, the various milestones described above, the County Counsel's Office, upon the recommendation of this subcommittee, has retained Thomas Reid Associates ("TRA"), to advise on environmental matters related to SFIA's proposed runway project. TRA has extensive experience in relevant fields, such as environmental impact analysis, wetland delineation, biological surveys, and conservation planning and implementation, and has worked with the County on other matters, including the recent preparation of the San Carlos Airport EIR. This Subcommittee anticipates that the cost of the consultant agreement with TRA will not exceed $65,000 per year.

Vision Alignment

The preparation and consideration of this report furthers commitments and assists in achieving goals set forth on the County's Shared Vision 2010 report. Specifically, this report will help the County to achieve the goal of ensuring that "[l]and use decisions consider transportation and other infrastructure needs as well as impacts on the environment and on surrounding communities."

Fiscal Impact

Preparation and consideration of this report has no known fiscal impact on the County. The County Counsel's retention of TRA as an environmental consultant is not expected to cost more that $65,000 per year.

Supervisor Mark Church

Supervisor Michael Nevin

______________________________

______________________________