BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  ACR 52
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          Date of Hearing:  May 14, 2013

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                   ACR 52 (Allen) - As Introduced:  April 23, 2013
           
          SUBJECT  :  State beaches:  fire rings
           
          SUMMARY  :  Supports the protection of California's beaches,  
          access to those beaches, and important traditions that are  
          integral to our culture and beach lifestyle, such as fire rings.

           EXISTING LAW  :

          1)Pursuant to the California Coastal Act:

             a)   Requires a person wishing to perform a development in  
               the coastal zone to first obtain a coastal development  
               permit from the Coastal Commission (Commission) or a local  
               government with a Commission-certified local coastal  
               program.

             b)   In carrying out the California Constitution's protection  
               of coastal access, requires maximum access and recreational  
               opportunities to be provided for all the people consistent  
               with public safety needs and the need to protect public  
               rights, rights of private property owners, and natural  
               resource areas from over use.

             c)   Requires lower cost visitor and recreational facilities  
               to be protected, encouraged, and, where feasible, provided.  
                Developments providing public recreational opportunities  
               are preferred.

             d)   Requires oceanfront land suitable for recreational use  
               to be protected for recreational use and development unless  
               present and foreseeable future demand for public or  
               commercial recreational activities that could be  
               accommodated on the property is already adequately provided  
               for in the area.

          2)Pursuant to the statutes governing air quality for  
            nonagricultural burning:

             a)   Except as otherwise provided by law, prohibits a person  








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               from using open outdoor fires for the purpose of disposal  
               or burning of petroleum wastes, demolition debris, tires,  
               tar, trees, wood waste, or other combustible or flammable  
               solid or liquid waste; or for metal salvage or burning of  
               motor vehicle bodies.

             b)   Does not prohibit open outdoor fires used only for  
               cooking food for human beings or for recreational purposes.  


           THIS CONCURRENT RESOLUTION  :  

          1)Declares all of the following:

             a)   It is well known that visitors, tourists, and residents  
               are drawn to the California coast for personal and family  
               recreation, surfing and water sports, iconic piers, and  
               unforgettable sunsets;

             b)   An important beach attraction is the time-honored  
               tradition of a beach bonfire in a fire ring that California  
               residents and visitors enjoy as the sun goes down over a  
               perfect California beach evening; 

             c)   Beach bonfires are a safe and inexpensive recreational  
               activity and are enjoyed by all the members of our  
               community, regardless of socioeconomic class;

             d)   Beach attractions result in optimum economic and  
               community activity, from gatherings of family and friends,  
               beach barbeques, community events, and beach sports, and  
               much more; 

             e)   Fire rings are usually large cement rings in the sand to  
               build your very own bonfire, though in places such as  
               Oceano Dunes Vehicle Recreation Area and its beach where  
               cars can drive right on the beach in Grover Beach, you can  
               pull your car onto the sand and simply set the wood out on  
               the beach and light it, or dig your own fire ring;

             f)   Many state beaches offer fire rings to campsite guests  
               as part of their camping fee, while some provide them for  
               free;

             g)   Of 108 state parks, 29 allow fire rings for beach  








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               vacationers and visitors (excluding camping); 

             h)   In Orange County, there are more than 600 fire rings  
               available on the city and state beaches for nightly  
               bonfires, a favorite activity among locals, visitors, and  
               international tourists; 

             i)   The Los Angeles County Department of Beaches and Harbors  
               maintains fire rings at Dockweiler Beach in Playa del Rey;  
               and,

             j)   The California Coastal Commission Staff Report of  
               October 22, 2012, at page 10 stated, "Beach fire rings are  
               a unique recreational facility for which there is no  
               substitution."; now,

          2)Supports the protection of California's beaches, access to  
            those beaches, and important traditions that are integral to  
            our culture and beach lifestyle, such as fire rings.
             
           FISCAL EFFECT  :  Non-fiscal

           COMMENTS  :

           1)Author's Statement  :

               The South Coast Air Quality Management District  
               (SCAQMD) issued proposed amended rule # 444 in April  
               of 2013.  Rule # 444 assumes that the approximately  
               840 Basin fire rings are estimated to emit up to 0.16  
               to 0.25 ton per day of PM2.5.  For this purpose of  
               reducing emissions under the Clean Air Act, the SCAQMD  
               has laid the groundwork to ban wood-burning fire rings  
               on the beaches under their jurisdiction in Los Angeles  
               County and Orange County (from San Clemente to  
               Malibu).

               The SCAQMD fully notes and recognizes that there would  
               be a local impact resulting in lost revenue to the  
               cities from Rule # 444, as it would reduce visitors to  
               the beach; therefore, reducing parking revenue to  
               localities.

               Currently, the hearing on Rule # 444 is set for June  
               7th, should they have sufficient information on the  








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               issue.  The information gathering effort is underway  
               to try and get readings and tests completed in  
               Huntington Beach and Newport Beach on air quality  
               data.

               The proposed ban stems from a few wealthy residents in  
               Newport Beach that claim to be downwind and that the  
               fire rings are environmentally detrimental to the  
               area.  

               Huntington Beach is fully supportive of maintaining  
               their fire rings.

           2)Ring of Fire.   On March 6, 2013, the Commission considered the  
            City of Newport Beach's request for a coastal development  
            permit to remove all fire rings from the city's beaches.  This  
            includes 15 fire rings on the beach west of the Balboa Pier  
            and 18 fire rings located on the beach east of the Balboa  
            Pier.  Another 27 fire rings would be removed from the far  
            western edge of Corona del Mar State Beach, which is owned by  
            the Department of Parks and Recreation (DPR) and operated by  
            the City of Newport Beach. 
             
            In its permit application, the City of Newport Beach proposes  
            to remove the fire rings because of "potential ill health  
            effects to beachgoers and nearby residents due to smoke and  
            particulate matter from fires within the fire rings."  

            According to the Commission's staff report for this permit  
            application,

               [these] fire rings have been a part of the  
               recreational experience in Newport Beach since the  
               late 1940s or early 1950s and are a lower cost visitor  
               and recreational facility [which is preferred use  
               under the Coastal Act].  

               The fire rings are enjoyed by generations of  
               beachgoers, are very popular and in heavy demand,  
               particularly during the busy summer months.  On summer  
               weekends, it is not unusual to have to arrive at the  
               beach when it opens at 6 a.m. in order to claim a fire  
               rings for use later in the afternoon or evening. 

            The Commission staff's recommendation to the Commission was to  








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            deny the city's permit request "because removal of the fire  
            rings would deny the public access to this popular form of  
            lower cost public recreation" and "set a precedent that could  
            lead to removal of beach fire rings from other parts of the  
            coast."    

            The Commission staff' report also indicated that the city has  
            not demonstrated that the wood smoke from the city's beach  
            fire rings is directly responsible for a public health  
            problem.   According to the report, 

               [t]here are a variety of other sources of smoke and  
               odors in these areas, including private fireplaces,  
               private outdoor fire rings, barbeques, exhaust from  
               both marine and terrestrial diesel vehicles and  
               restaurant equipment vents that would contribute to  
               air quality conditions.  There are also a variety of  
               measures and alternatives that could be undertaken,  
               short of removing the public beach fire rings, that  
               might address air quality conditions, including but  
               not limited to enforcing the existing prohibition on  
               burning all materials other than wood and the existing  
               rules about the type and quantity of wood being used  
               in beach fire rings.

            The Commission decided not to take action on the permit  
            application until the SCAQMD votes on its proposed rule to ban  
            beach fires.  The SCAQMD vote is scheduled for June 7, 2013.

           3)Smoke on the Water.   The Commission's staff report included a  
            discussion on the SCAQMD's rules, which exempt "recreational  
            fires" and "ceremonial fires" (including the ceremonial  
            destruction of a United States flag) from open burning  
            restrictions.  The Commission's staff report prompted SCAQMD  
            to consider amending Rule 444 to prohibit beach fires.  

            According to SCAQMD staff, the proposed rule change is based  
            on the need to protect public health, particularly involuntary  
            exposure, to wood smoke from beach fires. The staff claims  
            that the health impacts from exposure to wood smoke are well  
            documented in the scientific literature.  They are also  
            collecting air quality samples in beach areas with fire rings  
            and will utilize the data from these samples to modify the  
            initial rule proposal as appropriate, including possible  
            exemption of some fire rings.  








                                                                  ACR 52
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            It should be noted that the scientific literature being  
            referred to is not specific to beach fires in Southern  
            California, but to wood smoke in general.  It should also be  
            noted that while the Coastal Commission issue only deals with  
            the City of Newport Beach, SCAQMD's proposed rule change could  
            affect the entire coast of Orange County and Los Angeles  
            County.  Huntington Beach, which opposes the proposed beach  
            fire ban, has roughly 500 fire rings of the 840 rings that  
            could be affected.  

           4)DPR wants to protect the fire rings.   In a September 26, 2012  
            letter to the City of Newport Beach regarding the fire rings  
            at Corona del Mar State Beach, the DPR's Orange Coast District  
            Superintendent expressed his disagreement with the city's  
            desire to remove the fire rings.  The District Superintendent  
            explained that "California State Parks believes the current  
            fire rings to be a public benefit, which invites a more  
            diverse visitor population to this unique recreational area."  
           
           5)Overwhelming public support for the fire rings.   According to  
            the Commission's staff report, over 5,500 people signed an  
            on-line petition to stop the removal of the fire rings in  
            Newport Beach.  The petition states the following:  
                 
                Stop the removal of 60 fire rings at Big Corona State  
               Beach and Balboa.

               The fire rings are an essential part of southern  
               California beach culture.  They offer low cost  
               enjoyment for families.  They stand for a tradition  
               that all southern California residents can enjoy and  
               should have the chance to experience with their  
               families for years to come.

               Help support this petition to stop city council from  
               removing all of Newport Beach's and [Corona del Mar  
               State Beach's] fire pits.  These fire pits serve as a  
               fun, safe activity for families and people of all ages  
               to go to and enjoy the warm nights in southern  
               California.  There is no reason why these fire pits  
               should be removed.  They have been around for a long  
               time and attract tourism and shoppers to the stores  
               and restaurants in the surrounding area.  If anything,  
               the removal of these fire pits would hurt the  








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               businesses in the area.

               I ask that the City Council of Newport Beach reassess  
               their plan to remove these fire rings and that the  
               California Coastal Commission deny the permits needed  
               to remove these pits.  

          6)Fiscal impact of SCAQMD's beach fire ban.   According to an  
            April 2013 SCAQMD draft staff report:

               The prohibition of beach burning may result in loss of  
               revenues to the cities and entities which charge for  
               parking in areas where beach fires are conducted.   
               State parks and local businesses could also lose  
               revenues due to reductions in number of visitors.   
               Beach cities and local municipalities would lose sales  
               tax revenues associated with the beach fire  
               activities.  According to the estimates provided by  
               the Orange Coast District of State Parks Department  
               and the City of Huntington Beach, each affected local  
               beach jurisdiction could lose up to $1 million  
               annually in revenue due to the prohibition of beach  
               burning.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file

           Opposition 
           
          None on file
           

          Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916)  
          319-2092