BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1008


                                                                    Page  1





          Date of Hearing:  June 29, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, 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 the current California Environmental Quality  
          Act (CEQA) exemption deadline for the Los Angeles Interoperable  
          Regional Communication System (LA-RICS) project for three  
          additional years, from January 1, 2017, to January 1, 2020.   
          Specifically, this bill:  


          1)Extends until January 1, 2020, the CEQA exemption for the  
            design, site acquisition, construction, operation or  
            maintenance of certain structures and equipment of the  
            LA-RICS.


          2)Excludes from the exemption projects at fire stations, school  
            sites, and cultural or sacred sites.


          3)Requires, prior to determining whether this exemption may  
            apply to a project, the LA-RICS Joint Powers Authority  








                                                                    SB 1008


                                                                    Page  2





            (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.

          4)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.

          5)Requires the Authority to post on its Web site information  
            related to environmental reviews of LA-RICS projects. 

          6)Requires the Authority and its member agencies to approve use  
            agreements for the LA-RICS in an open and noticed public  
            meeting.

          7)Extends the sunset for this exemption from January 1, 2017, to  
            January 1, 2020. 
             
          8)Declares that no reimbursement is required 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 serviced mandated by this act, as  
            specified.

          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  
            Guidelines).

          2)Exempts from CEQA the design, site acquisition, construction,  
            operation or maintenance 








                                                                    SB 1008


                                                                    Page  3





          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.  

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  


          1)Bill Summary. This bill extends until January 1, 2020, the  
            CEQA exemption for the design, site acquisition, construction,  
            operation or maintenance of certain structures and equipment  
            of the LA-RICS, which was enacted in 2012 and sunsets in 2017.  
             This bill excludes from the exemption projects at fire  
            stations, school sites, and cultural or sacred sites, and  
            imposes new hearing and notice requirements for the Authority  
            to meet.


            This bill is sponsored by the County of Los Angeles and the  
            County of Los Angeles Sheriff's Department.


          2)Background.  In 2009, LA-RICS was established as a joint  
            powers authority specifically to create the Los Angeles  
            Regional Tactical Communications Subsystem - a network that  
            would unite the region's 34,000 first responders through voice  
            and data communications.  The need for emergency  
            communications interoperability is especially great in the Los  
            Angeles region with over 50 law enforcement agencies and 31  
            fire departments serving a 4,084 square mile region and 10  
            million county residents. 


            AB 1486 (Lara), Chapter 690, Statutes of 2012, provided the  








                                                                    SB 1008


                                                                    Page  4





            LA-RICS Authority with a CEQA exemption, until January 1,  
            2017.  The bill exempted the design, site acquisition,  
            construction, operation, or maintenance of certain elements of  
            the LA-RICS structures from CEQA if certain conditions were  
            met (e.g., project would not have a substantial adverse impact  
            on wetlands, riparian areas, or historical areas; operation of  
            the project would not exceed certain Federal Communications  
            Commission exposure standards).    


          3)Author's Statement.  According to the author, "The Los Angeles  
            Regional Interoperable Communications System (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 [long-term evolution]  
            broadband system and LMR [land mobile radio] 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 LTE system which is funded  








                                                                    SB 1008


                                                                    Page  5





            by 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."


          4)Arguments in Support.  Supporters argue that this bill is  
            important to continue to build out the project to provide  
            direct communication interoperability between law enforcement,  
            fire, federal, state, and military agencies in major  
            disasters, such as floods, fires, earthquakes and terrorist  
            incidents.  


          5)Arguments in Opposition.  Opponents argue that by not  
            complying with CEQA, the public loses out on information about  
            projects around them and lacks assurances that negative  
            impacts in their communities will be mitigated.


          6)Double-Referral.  This bill was heard by the Natural Resources  
            Committee on June 13, 2016 and passed with an 8-1 vote.








                                                                    SB 1008


                                                                    Page  6







          REGISTERED SUPPORT / OPPOSITION:




          Support


          County of Los Angeles [SPONSOR]


          County of Los Angeles Sherriff's Department [SPONSOR]


          CalChamber


          California Ambulance Association


          California State Firefighters' Association


          California State Sheriff's Association


          Department of Health Services, Los Angeles County


          Mayor Eric Garcetti, City of Los Angeles


          Los Angeles County District Attorney's Office


          LA RICS JPA









                                                                    SB 1008


                                                                    Page  7








          Opposition


          California League of Conservation Voters


          Sierra Club California




          Analysis Prepared by:Debbie Michel / L. GOV. / (916)  
          319-3958