BILL ANALYSIS Ó
ACR 52
Page 1
ASSEMBLY THIRD READING
ACR 52 (Allen and Mansoor)
As Introduced April 23, 2013
Majority vote
NATURAL RESOURCES 9-0
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|Ayes:|Chesbro, Mansoor, | | |
| |Bigelow, Garcia, | | |
| |Muratsuchi, Patterson, | | |
| |Skinner, Stone, Williams | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 requires:
a) 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, 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) Lower cost visitor and recreational facilities to be
protected, encouraged, and, where feasible, provided.
Developments providing public recreational opportunities
are preferred.
d) Oceanfront land suitable for recreational use to be
protected for recreational use and development unless
present and foreseeable future demand for public or
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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) Prohibits, except as otherwise provided by law, a person
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.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
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
particulate matter 2.5. 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 SCAQMD have sufficient information on the 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.
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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.
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 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."
The Commission staff's recommendation to the Commission was to
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
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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.
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.
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.
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
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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.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0000594