BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1008|
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THIRD READING
Bill No: SB 1008
Author: Lara (D)
Amended: 4/27/16
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 4/6/16
AYES: Wieckowski, Gaines, Bates, Hill, Leno
NO VOTE RECORDED: Jackson, Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: California Environmental Quality Act: Los Angeles
Regional Interoperable Communications System:
exemption
SOURCE: County of Los Angeles
County of Los Angeles Sheriff's Department
DIGEST: This bill exempts from the California Environmental
Quality Act (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 long-term evolution (LTE) broadband
mobile data system and a land mobile radio (LMR) system, if
specified criteria are met.
ANALYSIS:
Existing law:
1)Requires, under CEQA, lead agencies with the principal
responsibility for carrying out or approving a proposed
discretionary project to prepare a negative declaration,
mitigated negative declaration, or environmental impact report
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(EIR) for this action, unless the project is exempt from CEQA.
(Public Resources Code (PRC) §21000 et seq.)
2)Exempts from CEQA the design, site acquisition, construction,
operation or maintenance of certain LA-RICS equipment and
structures, if specified criteria are met. This provision
sunsets January 1, 2017. (PRC §21080.25).
This bill:
1)Exempts from CEQA the design, site acquisition, construction,
operation or maintenance of certain structures and equipment of
LA-RICS, consisting of LTE broadband mobile data system and an
LMR system, if specified criteria are met.
2)Requires each LA-RICS project exempted from CEQA to meet
specified criteria, including:
a) The project site is publicly owned and already contains
antennas and/or equipment enclosures.
b) The construction and implementation at the project site
does not substantially adversely impact wetlands, riparian
areas, or habitat of significant value, and would not harm
any protected species.
c) The construction and implementation of the project at the
site does not substantially adversely impact historical
resources.
d) Operation of the project does not exceed maximum
permissible exposure standards established by the Federal
Communications Commission.
e) A new LTE antenna support structure or LMR antenna support
structure complies with applicable height restrictions; and
certain equipment may not exceed specified height limits.
f) A new central system switch must be located within an
existing enclosed structure at a publicly owned project site
or housed at an existing private communications facility.
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3)Specifies that this exemption does not apply if the project site
is located on a school site, or cultural or sacred site.
4)Requires, prior to determining whether this exemption may apply
to a project, the LA-RICS Joint Powers Authority (Authority) to:
a) hold noticed public hearings in areas affected by the
project to hear and respond to public comments; and, b) provide
public notice in a newspaper of general circulation in the area
affected by the project.
5)Requires, for an exempted project, the Authority to file a
notice of exemption (NOE) with the Office of Planning and
Research and the county clerk in the county in which the project
is located as well as post the NOE on its Web site.
6)Requires the Authority to post on its Web site information
related to environmental reviews of LA-RICS projects.
7)Requires the Authority and its member agencies to approve use
agreements for the LA-RICS in an open and noticed public
meeting.
8)Extends the sunset for this exemption from January 1, 2017 to
January 1, 2020.
Background
1)CEQA: Environmental review process. For general background
information on the CEQA environmental review process, please
refer to the Senate Environmental Committee analysis of this
bill.
2)LA-RICS. According to the Authority:
[LA-RICS] will provide improved radio and broadband
communication for the public safety providers of the greater
Los Angeles region. LA-RICS is comprised of two distinct, but
compatible projects: a [LMR] communications and a [LTE]
broadband communications system. Covering 88 cities and the
unincorporated area of Los Angeles County within a 4.084
square mile area, LA-RICS will provide integrated
communications for over 50 law enforcement agencies, 31 fire
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departments as well as Emergency Medical Services (EMS),
transportation, and education agencies. The LMR communication
system will provide day-to-day voice and narrowband data radio
communications service for individual public safety agencies,
enable interoperability and interagency communications among
member agencies and mutual aid providers, and support
communications with regional, state, and federal agencies
during disaster events?The LTE wireless network technology
will provide day-to-day broadband data communications service
for individual public safety agencies, provide emergency
responders high speed access to lifesaving multimedia
information, and support the National Public Safety Broadband
Network (NPSBN) initiative.
Comments
1)Purpose of bill. According to the author:
[LA-RICS] is the single greatest emergency preparedness and
homeland security need in the Los Angeles region. The system
will provide direct communication interoperability between law
enforcement, fire, Federal, State and military agencies in
major disasters, such as floods, fires, earthquakes, and
terrorist incidents. The LA-RICS Project is especially
critical given the tragic event of September 11th, which
demonstrated the necessity of an interoperable communications
system that would assist first-responders in saving lives. SB
1008 would extend the current CEQA exemption deadline for the
LA-RICS project for three additional years, from January 1,
2017, to January 1, 2020.
The extension of the current CEQA exemption is needed to
continue to build out the LA-RICS LTE broadband system and LMR
system, and would facilitate the timely environmental review
and construction of sites that would be used for this
important project. The Federal environmental review process,
under the National Environmental Policy Act, for the LA-RICS
Project sites, which is still required for the CEQA-exempt
sites, has taken longer than previously anticipated.
The proposed extension is especially essential for the
continued build out of the LA-RICS system which is funded by
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the critical Federal Broadband Technology Opportunities
Program (BTOP) grant awarded to the LA-RICS Authority by the
U.S. Department of Commerce. Recently enacted Federal
legislation provided a five-year extension for BTOP grant
recipients, including LA-RICS, through Federal Fiscal Year
2020. The extension would allow much needed additional time
for LA-RICS to construct additional sites to increase coverage
and capacity of the LTE broadband system, and ensure that
these sites are streamlined for environmental review,
constructed and completed on time to enable first responders
to communicate in all emergencies and major disasters.
The exemption will not apply to undeveloped land or
privately-owned land. It will only apply to sites on
publicly-owned land where telecommunication infrastructure is
already located such as on existing police, sheriff or fire
station sites which already contain existing antenna support
structure. Sites will not be located in environmentally
sensitive areas, such as wetlands, riparian areas, or habitat
of significant value, and would not adversely affect
historical resources.
2)AB 1486 (Lara) Letter to the Journal. On August 24, 2012, AB
1486 (Lara, Chapter 690, Statutes of 2012) was amended to exempt
from CEQA certain LA-RICS projects and was passed by the
Legislature on August 31, 2012. Because of AB 1486's rush
through the legislative process, some requirements did not make
it into the final version of the bill. However, in order to
stay true to commitments made on AB 1486, the author wrote a
Letter to the Journal on August 31, 2012, stating his intent
that the bill includes additional, specified requirements in
order for the LA-RICS exemption in AB 1486 to apply to a
project. SB 1008 includes those requirements specified in the
author's Letter to the Journal so as to ensure that the
exemption more accurately reflects AB 1486 requirements in their
entirety.
3)What is lost with a CEQA exemption? It is not unusual for
certain interests to assert that a particular exemption will
expedite construction of a particular type of project and reduce
costs. This, however, frequently overlooks the benefits of
adequate environmental review where lead and responsible
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agencies are legally accountable for their actions to:
Inform decisionmakers and the public about project
impacts;
Identify ways to avoid or significantly reduce
environmental damage;
Prevent environmental damage by requiring feasible
alternatives or mitigation measures;
Disclose to the public reasons why an agency approved a
project if significant environmental effects are involved;
Involve public agencies in the process; and,
Increase public participation in the environmental review
and the planning processes.
If a project is exempt from CEQA, certain issues should be
addressed. For example:
How can decisionmakers and the public be aware of impacts,
mitigation measures, and alternatives of a project because of
the exemption?
Is it appropriate for the public to live with the
consequences when a project is exempt and impacts may not be
mitigated and alternatives may not be considered regarding
certain matters, such as air quality, water quality, and
noise impacts?
Because adverse project impacts do not disappear when they
are not identified and mitigated, does an exemption result in
a direct transfer of responsibility for mitigating impacts
from the applicant to the public (i.e., taxpayers) if impacts
are ultimately addressed after completion of the project?
If taxpayers, rather than the project applicant, are
ultimately responsible for mitigating certain impacts of such
a project after project completion, what assessments or taxes
will be increased to fund mitigation or pay for alternatives
at a later date?
It is also not unusual for certain interests to blame CEQA
lawsuits. However, the total number of CEQA cases filed
averages about 200 cases per year statewide and make up
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approximately 0.02% of 1,100,000 civil cases filed annually in
California. The California Attorney General's Office conducted
a case study of CEQA challenges in the City and County of San
Francisco from July 2011 through December 2011 and found that 18
lawsuits were filed out of 5,203 projects considered under CEQA.
CEQA litigation is low considering the thousands of projects
subject to CEQA each year as well as for the volume of civil
litigation in general statewide.
In addition, those citing CEQA and CEQA litigation as a problem
do not indicate the result of that litigation. Were significant
impacts that were not evaluated in the initial document
ultimately addressed? What would have been the result if those
impacts had not been mitigated (e.g., flooding, exposure of
people to hazards, inadequate public services, congestion)?
1)LA-RICS past issues. LA-RICS has not been without its share of
problems such as labor disputes, environmental concerns, and
public protests. Some issues that have arisen over the last
year include:
a) By mid-February 2015, 13 of the 86 cities dropped out of
LA-RICS, which leaves those remaining to carry a larger
portion of the costs. Also, some cities refused to approve
sites, which reduced the number of sites for the LTE network.
b) In March 2015, the Los Angeles County Board of Supervisors
ordered a halt to the construction of towers at county fire
stations citing a lack of transparency and complaints that
the project was moving forward without adequate notice to
residents. Firefighters raised concern about radio frequency
emissions causing the potential health hazards to them and
neighboring residents.
c) On April 1, 2015, the Los Angeles City Council members
voted to stop build-out of the LTE system as well, citing
potential financial burdens on the city.
d) On April 3, 2015, the National Telecommunications and
Information Administration (NTIA) suspended a $154 million
grant to the Authority for LA-RICS, noting the project was
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"severely behind schedule." Federal officials ordered
communications project managers to "stop all work
immediately" and directed LA-RICS authority to submit an
amended LTE network plan by April 13, 2015 that was
acceptable to the Los Angeles City Council, the Los Angeles
County Board of Supervisors, and NTIA. The LTE network plan
began with potentially 232 sites; when the suspension
occurred, the number of sites had decreased to 177; the
revised LTE network plan reduced the number to 82 sites.
e) In November 2015, the Los Angeles City Council members
unanimously voted to opt out of its membership to LA-RICS
citing potential cost advantage of deploying a new city-owned
LMR network. According to a city report, if the city had
remained a member of LA-RICS after November 24, 2015, the
city would have been liable for 29%-33% of all LA-RICS costs.
f) The LA-RICS projects subject to this bill require an
environmental review under the National Environmental
Protection Act (NEPA). According to the author, the federal
environmental review process for the LA-RICS project sites
has taken longer than previously expected - In fact, the
closing date for the public review period for the Draft
Programmatic Environmental Assessment for the LA-RICS LMR
project is April 5, 2016. The Authority complied with CEQA
for the LMR sites that were not exempt pursuant to PRC
Section 21080.25; and issued the Final EIR for the LA-RICS
LMR System on March 21, 2016.
The author states, "The Authority approved sites in the LTE
project in 2014 and 2015 and determined that all LTE sites were
exempt from review under CEQA pursuant to PRC §21080.25, the
statutory CEQA exemption specifically adopted for LA-RICS." A
question arises as to whether some of these issues could have been
avoided or mitigated through the CEQA process such as providing
transparency and a forum to address public concerns about health
risks to firefighters and local residents, which as noted above,
were serious enough concerns to make both the City of Los Angeles
and the Los Angeles County Board of Supervisors halt construction
in March 2015. Also, considering that the NEPA review was
completed in April 2016 for the LMR project and the CEQA review
was completed a month earlier, a question arises as to how much
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time the CEQA exemption actually saved.
Related/Prior Legislation
AB 1486 (Lara, Chapter 690, Statutes of 2012) exempted the design,
site acquisition, construction, operation or maintenance of
certain LA-RICS equipment, and sunsets January 1, 2017.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/9/16)
County of Los Angeles (co-source)
County of Los Angeles Sheriff's Department (co-source)
California Ambulance Association
California Chamber of Commerce
California State Sheriffs' Association
City of Los Angeles
County of Los Angeles Department of Health Services
County of Los Angeles Fire Department
LA-RICS Authority
OPPOSITION: (Verified5/9/16)
California League of Conservation Voters
Sierra Club California
Prepared by:Joanne Roy / E.Q. / (916) 651-4108
5/11/16 15:58:22
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