BILL ANALYSIS �
AB 1486
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Date of Hearing: August 31, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1486 (Lara) - As Amended: August 24, 2012
SUBJECT : California Environmental Quality Act: exemption: Los
Angeles Regional Interoperable Communications System.
SUMMARY : Exempts the Los Angeles Regional Interoperable
Communications System (LA-RICS) project from the California
Environmental Quality Act (CEQA), as specified, under certain
conditions.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Exempt, until January 1, 2017, the design, site acquisition,
construction, operation, or maintenance of certain elements of
the LA-RICS structures from CEQA if certain conditions are 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).
2)Define various terms related to the bill.
3)Find and declare that a special law is necessary because of
the unique circumstances surrounding the implementation of the
LA-RICS.
4)Contain an urgency clause, in order to ensure that the LA-RICS
is able to meet strict deadlines that are required to access
millions of dollars in federal grants that have been awarded
to the LA-RICS.
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 declaration, or environmental impact report (EIR)
for this action, unless the project is exempt from CEQA.
2)Includes various statutory exemptions, as well as categorical
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exemptions in the CEQA guidelines.
AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the
Legislature to enact statutory changes relating to the Budget
Act of 2012.
FISCAL EFFECT : Unknown
COMMENTS :
1)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.
2)This bill would exempt the design, site acquisition,
construction, operation, or maintenance of certain elements of
the LA-RICS structures from CEQA if certain conditions are 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).
According to the author, the exemptions in this bill will
apply to approximately 80 land mobile radio (LMR) system
180-foot 3 or 4 legged towers with antennas, microwave dishes,
and other components (up to 33 of these may be collocation
sites), and approximately 255 long-term evolution (LTE)
broadband mobile data system 70-foot tapered monopoles with
antennas, microwave dishes, and other components
(approximately 33 of these may be collocation sites).
According to LA-RICS, a majority of LMR sites and about 239
LTE sites are potentially eligible for the AB 1486 CEQA
exemption, although a more precise number cannot be known
because the detailed system design is pending.
According to LA-RICS, an environmental assessment is being
prepared in accordance with the federal National Environmental
Policy Act (NEPA), with the National Telecommunications &
Information Administration (NTIA) as the lead agency.
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3)The Los Angeles County Fire Department notes that "earlier
this year, the federal government passed legislation that
impacted both LTE and LMR systems requiring LA-RICS to
significantly change course in order to address such
legislation. Given the current grant deadlines and
unanticipated Federal action, LA-RICS faces significant
challenges and uncertainty regarding the ability to complete
environmental review required under CEQA prior to spending the
grant as required."
According to the LA-RICS Executive Director, as of August 28,
2012, approximately $80 million in funding is available for
the LMR system, with certain portions of that amount expiring
each year. For example, $23 million must be expended by
September 2012, but LA-RICS is expected to get an extension to
spend that amount.
4)Support arguments : Supporters argue that given the current
grant deadlines and unanticipated Federal action, LA-RICS
faces significant challenges and uncertainty regarding the
ability to complete environmental review required under CEQA
prior to spending the grant as required.
Opposition arguments : Opponents argue that this large-scale
project is exactly the kind of project that needs
environmental review and cannot reasonably bypass the standard
environmental process due to pressing deadlines.
The Assembly-approved provisions of this bill were deleted in
the Senate. The subject matter has not been heard in any
Assembly policy committee this legislative session.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles �CO-SPONSOR]
AB 1486
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LA-RICS �CO-SPONSOR]
Los Angeles County Sheriff Lee Baca �CO-SPONSOR]
California Professional Firefighters
California State Firefighter's Association
City of Paramount
County of Los Angeles Fire Department
Los Angeles Area Fire Chiefs Association
Los Angeles County District Attorney's Office
Los Angeles County, Department of Health Services
Opposition
California Coastal Protection Network
California League of Conservation Voters
California Native Plant Society
Natural Resources Defense Council
Planning and Conservation League
Sierra Club California
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958