BILL ANALYSIS �
AB 1486
Page 1
( Without Reference to File )
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)
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|COMMITTEE VOTE: |7-0 |(August 31, 2012) |RECOMMENDATION: |concur |
| | | | | |
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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
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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
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
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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 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.
Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958
FN: 0005901