BILL NUMBER: SB 1008 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE APRIL 27, 2016
AMENDED IN SENATE MARCH 28, 2016
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 public
hearing meeting 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:
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.
(2) "Authority" means the Los Angeles Regional Interoperable
Communication System Joint Powers Authority.
(3) "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.
(4) "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.
(5) "LMR" means a land mobile radio system.
(6) "LTE" means a long-term evolution broadband mobile data
system.
(7) "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.
(8) "Wetlands" has the same meaning as defined in the United
States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,
1993).
(9) "Wildlife habitat" means the ecological communities upon which
wild animals, birds, plants, fish, amphibians, and invertebrates
depend for their conservation and protection.
(b) Except as provided in subdivision (d), if 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 either
of the following:
(A) An antenna support structure and either of the following
components:
(i) Antennas.
(ii) Equipment enclosures.
(B) A police or sheriff station or other public facility that
transmits or receives public safety radio signals, except a fire
station.
(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.
(d) Subdivision (b) does not apply if the individual project site
is located on either of the following:
(1) A school site.
(2) A cultural or sacred site, as described in Section 5097.9 or
5097.993.
(e) (1) Before determining that a project is not subject to this
division pursuant to this section, the authority shall hold a
noticed public hearings in areas affected by the
project meeting in each county supervisorial district
in which the project is located to hear and respond to public
comments. The notice shall be provided at least 72 hours in
advance of the meeting and published no fewer times than
required by Section 6061 of the Government Code,
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. each county supervisorial
district in which the project is located.
(2) If the authority determines that a project is not subject to
this division pursuant to 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.
(f) The authority shall post on its Internet Web site all of the
following, as applicable:
(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.).
(2) The date of filing of notices required pursuant to this
division or the federal National Environmental Policy Act of 1969.
(3) All notice and hearing information regarding review and
approval of environmental documentation by federal agencies.
(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.
(h) 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.