BILL ANALYSIS �
AB 1486
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1486 (Lara)
As Amended August 24, 2012
2/3 vote. Urgency
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|ASSEMBLY: | |(March 22, |SENATE: |32-5 |(August 31, |
| | |2012) | | |2012) |
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(vote not relevant)
Original Committee Reference: BUDGET
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,
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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
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 : 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.
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
three or four 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 this
bill's 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 and
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Information Administration (NTIA) as the lead agency.
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.
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.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0005873