Amended in Assembly August 1, 2016

Amended in Senate April 27, 2016

Amended in Senate March 28, 2016

Senate BillNo. 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 System (LA-RICS) 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, including that the site contains either an antenna support structure, as provided, or a public facility that transmits or receives public safety radio signals.

This bill would extend that exemption until January 1, 2020, and would specify that a fire station is not a public facility for purposes of determining if that exemption applies to an individual project site. 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 publicbegin delete hearingend deletebegin insert meetingend insert 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 in the county in which the project is located, and to post certain information on its Internet Web site. Because a lead agency, which may include a local agency, would be required to determine whether a project qualifies for this exemption and to perform additional duties, the 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:

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SECTION 1.  

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

3

21080.25.  

(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) “Authority” means the Los Angeles Regional Interoperable
8Communication System Joint Powers Authority.

9(3) “Habitat of significant value” includes all of the following:

10(A) Wildlife habitat of national, statewide, or regional
11importance.

12(B) Habitat identified as candidate, fully protected, sensitive,
13or species of special status by a state or federal agency.

14(C) Habitat essential to the movement of resident or migratory
15wildlife.

16(4) “LA-RICS” means the Los Angeles Regional Interoperable
17Communications System, consisting of a long-term evolution
P3    1broadband mobile data system, a land mobile radio system, or
2both.

3(5) “LMR” means a land mobile radio system.

4(6) “LTE” means a long-term evolution broadband mobile data
5system.

6(7) “Riparian area” means an area that is transitional between
7terrestrial and aquatic ecosystems, that is distinguished by gradients
8in biophysical conditions, ecological processes, and biota, and that
9meets the following criteria:

10(A) Is an area through which surface and subsurface hydrology
11connect bodies of water with their adjacent uplands.

12(B) Is adjacent to perennial, intermittent, and ephemeral streams,
13lakes, or estuarine or marine shorelines.

14(C) Includes those portions of terrestrial ecosystems that
15significantly influence exchanges of energy and matter with aquatic
16ecosystems.

17(8) “Wetlands” has the same meaning as defined in the United
18States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,
191993).

20(9) “Wildlife habitat” means the ecological communities upon
21which wild animals, birds, plants, fish, amphibians, and
22invertebrates depend for their conservation and protection.

23(b) Except as provided in subdivision (d), if all the criteria
24specified in subdivision (c) are met at the individual project site,
25this division does not apply to the design, site acquisition,
26construction, operation, or maintenance of the following elements
27of the LA-RICS:

28(1) Antennas, including microwave dishes and arrays.

29(2) Antenna support structures.

30(3) Equipment enclosures.

31(4) Central system switch facilities.

32(5) Associated foundations and equipment.

33(c) As a condition of the exemption specified in subdivision
34(b), all of the following criteria shall be met at the individual
35project site:

36(1) The project site is publicly owned and already contains either
37of the following:

38(A) An antenna support structure and either of the following
39components:

40(i) Antennas.

P4    1(ii) Equipment enclosures.

2(B) A police or sheriff station or other public facility that
3transmits or receives public safety radio signals, except a fire
4station.

5(2) Construction and implementation at the project site would
6not have a substantial adverse impact on wetlands, riparian areas,
7or habitat of significant value, and would not harm any species
8protected by the federal Endangered Species Act of 1973 (16
9U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
1010 (commencing with Section 1900) of Division 2 of the Fish and
11Game Code), or the California Endangered Species Act (Chapter
121.5 (commencing with Section 2050) of Division 3 of the Fish and
13Game Code) or the habitat of those species.

14(3) Construction and implementation of the project at the site
15would not have a substantial adverse impact on historical resources
16pursuant to Section 21084.1.

17(4) Operation of the project at the site would not exceed the
18maximum permissible exposure standards established by the
19Federal Communications Commission, as set forth in Sections
201.1307 and 1.1310 of Title 47 of the Code of Federal Regulations.

21(5) Any new LTE antenna support structures or LMR antenna
22support structures would comply with applicable state and federal
23height restrictions and any height restrictions mandated by an
24applicable comprehensive land use plan adopted by an airport land
25use commission. The new monopoles shall not exceed 70 feet in
26height without appurtenances and attachments, and new lattice
27towers shall not exceed 180 feet in height without appurtenances
28and attachments.

29(6) Each new central system switch is located within an existing
30enclosed structure at a publicly owned project site or is housed at
31an existing private communications facility.

32(d) Subdivision (b) does not apply if the individual project site
33is located on either of the following:

34(1) A school site.

35(2) A cultural or sacred site, as described in Section 5097.9 or
365097.993.

37(e) (1) Before determining that a project is not subject to this
38division pursuant to this section, the authority shall holdbegin insert aend insert noticed
39publicbegin delete hearings in areas affected by the projectend deletebegin insert meeting in each
40county supervisorial district in which the project is locatedend insert
to hear
P5    1and respond to public comments. The notice shall bebegin insert provided at
2least 72 hours in advance of the meeting andend insert
published no fewer
3times than required by Section 6061 of the Governmentbegin delete Code,end delete
4begin insert Codeend insert by the authority in a newspaper of general circulation inbegin delete the
5area affected by the project. If more than one area will be affected,
6the notice shall be published in the newspaper of largest circulation
7from among the newspapers of general circulation in those areas.end delete

8
begin insert each county supervisorial district in which the project is located.end insert

9(2) If the authority determines that a project is not subject to
10this division pursuant to this section, and it determines to approve
11or carry out that project, the notice of exemption shall be filed with
12the Office of Planning and Research and the county clerk in the
13county in which the project is located in the manner specified in
14subdivisions (b) and (c) of Section 21152. The authority shall post
15the notice of exemption on its Internet Web site.

16(f) The authority shall post on its Internet Web site all of the
17following, as applicable:

18(1) Draft and final environmental documentation in compliance
19with this division or the federal National Environmental Policy
20Act of 1969 (42 U.S.C. Sec. 4321 et seq.).

21(2) The date of filing of notices required pursuant to this division
22or the federal National Environmental Policy Act of 1969.

23(3) All notice and hearing information regarding review and
24approval of environmental documentation by federal agencies.

25(g) On or after January 1, 2017, the authority and its member
26agencies shall approve use agreements for the LA-RICS in an open
27and noticed public meeting.

28(h) This section shall remain in effect only until January 1, 2020,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2020, deletes or extends that date.

31

SEC. 2.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33a local agency or school district has the authority to levy service
34charges, fees, or assessments sufficient to pay for the program or
35level of service mandated by this act, within the meaning of Section
3617556 of the Government Code.



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