BILL NUMBER: AB 206 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Harkey
( Principal coauthor: Assembly Member
Jeffries )
( Coauthors: Assembly Members
Bill Berryhill, Grove, Hall,
Jones, Olsen, Silva, and Wagner
)
( Coauthors: Senators Correa
and Harman )
JANUARY 27, 2011
An act to amend Section 30106 of add
Section 12655 to the Health and Safety Code, and to amend Section
30106 of, and to add Section 21080.15 to, the Public Resources
Code, relating to coastal resources fireworks
displays .
LEGISLATIVE COUNSEL'S DIGEST
AB 206, as amended, Harkey. Coastal resources: California
Coastal Act of 1976: development: fireworks displays.
Fireworks displays: California Environmental Quality Act: California
Coastal Act of 1976.
The
Existing law regulates fireworks and pyrotechnic displays and
requires that a permit be obtained from the State Fire Marshal in
certain instances. The California Environmental Quality Act (CEQA)
requires a lead agency, as defined, to prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on a project, as defined, that it proposes to carry
out or approve that may have a significant effect on the environment,
or to adopt a negative declaration if it finds that the project will
not have that effect. The California Coastal Act of 1976
provides for the planning and regulation of development, under a
coastal development permit process, within the coastal zone. Existing
law defines development for these purposes.
This bill would provide that "development" does not include a
fireworks display conducted by a public entity.
This bill would exempt a municipal fireworks display, as defined,
from the provisions of CEQA. Because a lead agency would have to
determine the applicability of the exemption and to take certain
specified action upon a determination of exemption, the bill would
impose a state-mandated local program.
The bill would provide that a coastal development permit is not
required for a municipal fireworks display and would specify that
"development" does not include a municipal fireworks display.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12655 is added to the
Health and Safety Code , to read:
12655. (a) For purposes of this section, "municipal fireworks
display" means a public display of fireworks conducted, organized, or
sponsored by a city or county.
(b) Notwithstanding any other law, Division 13 (commencing with
Section 21000) of the Public Resources Code shall not apply to a
municipal fireworks display.
(c) Notwithstanding any other law, a coastal development permit
shall not be required pursuant to Chapter 7 (commencing with Section
30600) of Division 20 of the Public Resources Code for a municipal
fireworks display.
SEC. 2. Section 21080.15 is added to the
Public Resources Code , to read:
21080.15. (a) This division does not apply to a municipal
fireworks display.
(b) For purposes of this section, "municipal fireworks display"
has the same meaning as defined in Section 12655 of the Health and
Safety Code.
SECTION 1. SEC. 3. Section 30106 of
the Public Resources Code is amended to read:
30106. (a) "Development" means, on land, in or under water, the
placement or erection of any solid material or structure; discharge
or disposal of any dredged material or of any gaseous, liquid, solid,
or thermal waste; grading, removing, dredging, mining, or extraction
of any materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to the
Subdivision Map Act (commencing with Section 66410 of the Government
Code), and any other division of land, including lot splits, except
where the land division is brought about in connection with the
purchase of such land by a public agency for public recreational use;
change in the intensity of use of water, or of access thereto;
construction, reconstruction, demolition, or alteration of the size
of any structure, including any facility of any private, public, or
municipal utility; and the removal or harvesting of major vegetation
other than for agricultural purposes, kelp harvesting, and timber
operations which are in accordance with a timber harvesting plan
submitted pursuant to the provisions of the Z'berg-Nejedly Forest
Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of
Part 2 of Division 4).
(b) As used in this section, "structure" includes, but is not
limited to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission and
distribution line.
(c) Development does not include a fireworks display
conducted by a public entity municipal fireworks
display. For purposes of this subdivision, "municipal fireworks
display" has the same meaning as defined in Section 12655 of the
Health and Safety Code .
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.