BILL ANALYSIS Ó SB 1008 Page 1 Date of Hearing: June 13, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair SB 1008 (Lara) - As Amended April 27, 2016 SENATE VOTE: 34-0 SUBJECT: California Environmental Quality Act: Los Angeles Regional Interoperable Communications System: exemption SUMMARY: Extends until January 1, 2020 the California Environmental Quality Act (CEQA) exemption for the design, site acquisition, construction, operation or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS), which was enacted in 2012 and sunsets in 2017. Excludes from the exemption projects at fire stations, school sites, and cultural or sacred sites, and imposes new hearing and notice requirements. EXISTING LAW: 1)Requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA (CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA SB 1008 Page 2 Guidelines). 2)Exempts from CEQA the design, site acquisition, construction, operation or maintenance of specified LA-RICS equipment and structures, including antennas, support structures, equipment enclosures, switch facilities, associated foundations and equipment, at existing publicly-owned sites that include public safety radio facilities. This exemption sunsets January 1, 2017. THIS BILL: 1)Extends the CEQA exemption for eligible LA-RICS projects until January 1, 2020. 2)Excludes from eligible sites fire stations, schools, and cultural or sacred sites, as defined. 3)Adds the following hearing and notice requirements: a) Requires the LA-RICS Joint Powers Authority (Authority), before determining that a project is exempt from CEQA, to hold noticed public hearings in areas affected by the project to hear and respond to public comments. b) Requires the Authority to file a notice of exemption with the Office of Planning and Research and the county clerk in which the project is located, and post the notice of exemption on its Internet Web site. c) Requires the Authority to post on its Internet Web site all of the following, as applicable: SB 1008 Page 3 i. Draft and final environmental documentation in compliance with CEQA or the federal National Environmental Policy Act (NEPA). ii. The date of filing of notices required pursuant to CEQA or NEPA. iii. All notice and hearing information regarding review and approval of environmental documentation by federal agencies. d) Requires the Authority and its member agencies to approve use agreements for the LA-RICS in an open and noticed public meeting. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: 1)Background. CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, an initial study is prepared to determine whether the project may have a significant effect on the environment. If the initial study shows that there would not be a significant effect on the environment, the lead agency must prepare a negative declaration. If the initial study shows that the project may have a significant effect on the environment, the lead agency must prepare an EIR. SB 1008 Page 4 Generally, an EIR must accurately describe the proposed project, identify and analyze each significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. Prior to approving any project that has received environmental review, an agency must make certain findings. If mitigation measures are required or incorporated into a project, the agency must adopt a reporting or monitoring program to ensure compliance with those measures. 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 land mobile radio (LMR) communications and a long-term evolution (LTE) broadband communications system. Covering 88 cities and the unincorporated area of Los Angeles County, LA-RICS will provide integrated communications for over 50 law enforcement agencies, 31 fire departments, as well as emergency medical services, 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. 2)Author's statement: SB 1008 Page 5 Current law, under AB 1486 (Lara), Chapter 690, Statutes of 2012, provides the LA-RICS Authority with a narrowly-focused CEQA exemption, until January 1, 2017. The exemption applies only to sites of the LA-RICS projects that are on publicly owned land (i.e., police and sheriff stations), which already contain existing antenna support structures (i.e., communication towers or monopoles) and related infrastructure. None of these sites are located on environmentally sensitive areas. The required Federal environmental review process, under the National Environmental Policy Act, which is still required for the CEQA-exempt LA-RICS project sites, has taken longer than previously anticipated. 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 a timely environmental review, and the subsequent construction at those sites. 3)LA-RICS complications and delays. 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 SB 1008 Page 6 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 "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% to 33% of all LA-RICS costs. f) The LA-RICS projects subject to this bill require an environmental review under NEPA. According to the author, the federal environmental review process for the LA-RICS project sites has taken longer than previously expected. SB 1008 Page 7 In fact, the closing date for the public review period for the Draft Programmatic Environmental Assessment for the LA-RICS LMR project was April 5, 2016. The Authority complied with CEQA for the LMR sites that were not exempt under AB 1486; and issued the Final EIR for the LA-RICS LMR System on March 21, 2016. 4)Double referral. This bill has been double-referred to the Assembly Local Government Committee. REGISTERED SUPPORT / OPPOSITION: Support Los Angeles County Board of Supervisors (co-sponsor) Los Angeles County Sheriff's Department (co-sponsor) California State Sheriffs' Association Opposition California League of Conservation Voters Sierra Club California SB 1008 Page 8 Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916) 319-2092