Amended in Senate March 28, 2016

Senate Bill No. 1008

Introduced by Senator Lara

February 11, 2016

An act to amend Section 21080.25 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 1008, as amended, 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 begin delete System, end delete begin insert System (LA-RICS) end insert 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. begin insert The bill would provide that the exemption does not apply if the project site is located in certain areas. The bill would require the LA-RICS Joint Powers Authority to hold a public hearing before making a determination that a project is exempted, to file the notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located, and to post certain information on its Internet Web site. end insert Because a lead agency, which may include a local agency, begin delete is end delete begin insert would be end insert required to determine whether a project qualifies for this begin delete exemption, end delete begin insert exemption and to perform additional duties, end insert 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 1.  

Section 21080.25 of the Public Resources Code
is amended to read:

21080.25.  

(a) For purposes of this section, the following
definitions shall apply:

(1) “Antenna support structures” means lattice towers,
monopoles, and roof-mounts.

begin insert

(2) “Authority” means the Los Angeles Regional Interoperable
Communication System Joint Powers Authority.

end insert begin delete

(2)

end delete

begin insert (3) end insert  “Habitat of significant value” includes all of the following:

(A) Wildlife habitat of national, statewide, or regional
importance.

(B) Habitat identified as candidate, fully protected, sensitive,
or species of special status by a state or federal agency.

(C) Habitat essential to the movement of resident or migratory
wildlife.

begin delete

(3)

end delete

begin insert (4) end insert  “LA-RICS” means the Los Angeles Regional Interoperable
Communications System, consisting of a long-term evolution
broadband mobile data system, a land mobile radio system, or
both.

begin delete

(4)

end delete

begin insert (5) end insert  “LMR” means a land mobile radio system.

begin delete

(5)

end delete

begin insert (6) end insert  “LTE” means a long-term evolution broadband mobile data
system.

begin delete

(6)

end delete

begin insert (7) end insert  “Riparian area” means an area that is transitional between
terrestrial and aquatic ecosystems, that is distinguished by gradients
in biophysical conditions, ecological processes, and biota, and that
meets the following criteria:

(A) Is an area through which surface and subsurface hydrology
connect bodies of water with their adjacent uplands.

(B) Is adjacent to perennial, intermittent, and ephemeral streams,
lakes, or estuarine or marine shorelines.

(C) Includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems.

begin delete

(7)

end delete

begin insert (8) end insert  “Wetlands” has the same meaning as defined in the United
States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,
1993).

begin delete

(8)

end delete

begin insert (9) end insert  “Wildlife habitat” means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.

(b)  begin delete If end delete begin insert Except as provided in subdivision (d), if end insert all the criteria
specified in subdivision (c) are met at the individual project site,
this division does not apply to the design, site acquisition,
construction, operation, or maintenance of the following elements
of the LA-RICS:

(1) Antennas, including microwave dishes and arrays.

(2) Antenna support structures.

(3) Equipment enclosures.

(4) Central system switch facilities.

(5) Associated foundations and equipment.

(c) As a condition of the exemption specified in subdivision
(b), all of the following criteria shall be met at the individual
project site:

(1) The project site is publicly owned and already contains one
or both of the following:

(A) An antenna support structure and one or both of the
following components:

(i) Antennas.

(ii) Equipment enclosures.

(B) A police, sheriff, or fire station or other public facility that
transmits or receives public safety radio signals.

(2) Construction and implementation at the project site would
not have a substantial adverse impact on wetlands, riparian areas,
or habitat of significant value, and would not harm any species
protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and
Game Code), or the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and
Game Code) or the habitat of those species.

(3) Construction and implementation of the project at the site
would not have a substantial adverse impact on historical resources
pursuant to Section 21084.1.

(4) Operation of the project at the site would not exceed the
maximum permissible exposure standards established by the
Federal Communications Commission, as set forth in Sections
1.1307 and 1.1310 of Title 47 of the Code of Federal Regulations.

(5) Any new LTE antenna support structures or LMR antenna
support structures would comply with applicable state and federal
height restrictions and any height restrictions mandated by an
applicable comprehensive land use plan adopted by an airport land
use commission. The new monopoles shall not exceed 70 feet in
height without appurtenances and attachments, and new lattice
towers shall not exceed 180 feet in height without appurtenances
and attachments.

(6) Each new central system switch is located within an existing
enclosed structure at a publicly owned project site or is housed at
an existing private communications facility.

begin insert

(d) Subdivision (b) does not apply if the individual project site
is located on either of the following:

end insert begin insert

(1) A school site.

end insert begin insert

(2) A cultural or sacred site, as described in Section 5097.9 or
5097.993.

end insert begin insert

(e) (1) Before determining that a project is not subject to this
division pursuant to this section, the authority shall hold noticed
public hearings in areas affected by the project to hear and respond
to public comments. The notice shall be published no fewer times
than required by Section 6061 of the Government Code, by the
authority in a newspaper of general circulation in the area affected
by the project. If more than one area will be affected, the notice
shall be published in the newspaper of largest circulation from
among the newspapers of general circulation in those areas.

end insert begin insert

(2) If the authority determines that a project is not subject to
this division pursuant this section, and it determines to approve
or carry out that project, the notice of exemption shall be filed
with the Office of Planning and Research and the county clerk in
the county in which the project is located in the manner specified
in subdivisions (b) and (c) of Section 21152. The authority shall
post the notice of exemption on its Internet Web site.

end insert begin insert

(f) The authority shall post on its Internet Web site all of the
following, as applicable:

end insert begin insert

(1) Draft and final environmental documentation in compliance
with this division or the federal National Environmental Policy
Act of 1969 (42 U.S.C. Sec. 4321 et seq.).

end insert begin insert

(2) The date of filing of notices required pursuant to this division
or the federal National Environmental Policy Act of 1969.

end insert begin insert

(3) All notice and hearing information regarding review and
approval of environmental documentation by federal agencies.

end insert begin insert

(g) On or after January 1, 2017, the authority and its member
agencies shall approve use agreements for the LA-RICS in an open
and noticed public meeting.

end insert begin delete

(d)

end delete

begin insert (h) end insert  This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.