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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