BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1008|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 1008
          Author:   Lara (D) 
          Amended:  8/1/16  
          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

           SENATE FLOOR:  34-0, 5/12/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Huff, Lara, Leno, Leyva,  
            McGuire, Mendoza, Mitchell, Moorlach, Morrell, Nguyen,  
            Nielsen, Pan, Roth, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Galgiani, Jackson, Liu, Monning, Pavley,  
            Runner

           ASSEMBLY FLOOR:  78-1, 8/18/16 - See last page for vote

           SUBJECT:   California Environmental Quality Act:  Los Angeles  
                     Regional Interoperable Communications System:   
                     exemption


          SOURCE:    County of Los Angeles
                     County of Los Angeles Sheriffs 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  








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          mobile data system and a land mobile radio (LMR) system, if  
          specified criteria are met.


          Assembly Amendments delete the requirement of a public hearing  
          and instead require the LA-RICS Joint Powers Authority  
          (Authority), before determining that a project is exempt from  
          CEQA, to hold a noticed public meeting in each county  
          supervisorial district in which the project is located to hear  
          and respond to public comments.


          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  
            (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 on January 1, 2017.  (PRC §21080.25).


          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.









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          3)Adds the following meeting and notice requirements:


             a)   Requires the Authority, before determining that a  
               project is exempt from CEQA, to hold a noticed public  
               meeting in each county supervisorial district in which the  
               project is located 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:


               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.


          Background










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          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  
              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  








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              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  
              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  








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              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 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.








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            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  
            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  








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            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  
               "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  








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               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 time the CEQA exemption actually saved.








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          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


          According to the Assembly Appropriations Committee, there are no  
          additional state costs.


          SUPPORT:   (Verified8/12/16)


          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
          LA RICS Authority
          Los Angeles Mayor's Office


          OPPOSITION:   (Verified8/12/16)


          California League of Conservation Voters
          Sierra Club California

           ASSEMBLY FLOOR:  78-1, 8/18/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  








                                                                    SB 1008  
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            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
           NOES: Mark Stone
           NO VOTE RECORDED: Roger Hernández



          Prepared by:Joanne Roy / E.Q. / (916) 651-4108
          8/29/16 18:45:38


                                   ****  END  ****