BILL ANALYSIS Ó
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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.
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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