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