SB 1008, as introduced, Lara. California Environmental Quality Act: Los Angeles Regional Interoperable Communications System: exemption.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Existing law, until January 1, 2017, exempts from CEQA the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System, consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site.
This bill would extend that exemption until January 1, 2020. Because a lead agency, which may include a local agency, is required to determine whether a project qualifies for this exemption, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 21080.25 of the Public Resources Code
2 is amended to read:
(a) For purposes of this section, the following
4definitions shall apply:
5(1) “Antenna support structures” means lattice towers,
6monopoles, and roof-mounts.
7(2) “Habitat of significant value” includes all of the following:
8(A) Wildlife habitat of national, statewide, or regional
9importance.
10(B) Habitat identified as candidate, fully protected, sensitive,
11or species of special status by a state or federal agency.
12(C) Habitat essential to the movement of resident or migratory
13wildlife.
14(3) “LA-RICS” means the Los Angeles Regional Interoperable
15Communications System, consisting of a long-term evolution
16broadband mobile data system, a land mobile radio system, or
17both.
18(4) “LMR” means a land mobile radio system.
19(5) “LTE” means a long-term evolution broadband mobile data
20system.
21(6) “Riparian area” means an area that is transitional between
22terrestrial and aquatic ecosystems, that is distinguished by gradients
23in biophysical conditions, ecological processes, and biota, and that
24meets the following criteria:
25(A) Is an area through which surface and subsurface hydrology
26connectbegin delete waterbodiesend deletebegin insert
bodies of waterend insert with their adjacent uplands.
27(B) Is adjacent to perennial, intermittent, and ephemeral streams,
28lakes, or estuarine or marine shorelines.
29(C) Includes those portions of terrestrial ecosystems that
30significantly influence exchanges of energy and matter with aquatic
31ecosystems.
P3 1(7) “Wetlands” has the same meaning as defined in the United
2 States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,
31993).
4(8) “Wildlife habitat” means the ecological communities upon
5which wild animals, birds, plants, fish, amphibians, and
6invertebrates depend for their conservation and protection.
7(b) If all the criteria specified in subdivision (c)
are met at the
8individual project site, this division does not apply to the design,
9site acquisition, construction, operation, or maintenance of the
10following elements of the LA-RICS:
11(1) Antennas, including microwave dishes and arrays.
12(2) Antenna support structures.
13(3) Equipment enclosures.
14(4) Central system switch facilities.
15(5) Associated foundations and equipment.
16(c) As a condition of the exemption specified in subdivision
17(b), all of the following criteria shall be met at the individual
18project site:
19(1) The project site is publicly owned and already
contains one
20or both of the following:
21(A) An antenna support structure and one or both of the
22following components:
23(i) Antennas.
24(ii) Equipment enclosures.
25(B) A police, sheriff, or firebegin delete station,end deletebegin insert stationend insert or other public
26facility that transmits or receives public safety radio signals.
27(2) Construction and implementation at the project site would
28not have a substantial adverse impact on wetlands, riparian areas,
29or habitat of significant value, and would not harm any species
30protected by the federal
Endangered Species Act of 1973 (16
31U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
3210 (commencing with Section 1900) ofbegin insert Division 2 ofend insert the Fish and
33Game Code), or the California Endangered Species Act (Chapter
341.5 (commencing with Section 2050) of Division 3 of the Fish and
35Gamebegin delete Code),end deletebegin insert Code)end insert
or the habitat of those species.
36(3) Construction and implementation of the project at the site
37would not have a substantial adverse impact on historical resources
38pursuant to Section 21084.1.
39(4) Operation of the project at the site would not exceed the
40maximum permissible exposure standards established by the
P4 1Federal Communications Commission, as set forth in Sections
21.1307 and 1.1310 of Title 47 of the Code of Federal Regulations.
3(5) Any new LTE antenna support structures or LMR antenna
4support structures would comply with applicable state and federal
5heightbegin delete restrictions,end deletebegin insert restrictionsend insert and any height
restrictions mandated
6by an applicable comprehensive land use plan adopted by an airport
7land use commission. The new monopoles shall not exceed 70 feet
8in height without appurtenances and attachments, and new lattice
9towers shall not exceed 180 feet in height without appurtenances
10and attachments.
11(6) Each new central system switch is located within an existing
12enclosed structure at a publicly owned projectbegin delete site,end deletebegin insert siteend insert or is housed
13at an existing private communications facility.
14(d) This section shall remain in effect only until January 1,begin delete 2017,end delete
15begin insert
2020,end insert and as of that date is repealed, unless a later enacted statute,
16that is enacted before January 1,begin delete 2017,end deletebegin insert
2020,end insert deletes or extends
17that date.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20a local agency or school district has the authority to levy service
21charges, fees, or assessments sufficient to pay for the program or
22level of service mandated by this act, within the meaning of Section
2317556 of the Government Code.
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