BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | ACR 52|
|Office of Senate Floor Analyses | |
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|327-4478 | |
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THIRD READING
Bill No: ACR 52
Author: Allen (R), et al.
Amended: 5/23/13 in Assembly
Vote: 21
ASSEMBLY FLOOR : Read and adopted, 5/23/13
SUBJECT : State beaches: fire rings
SOURCE : Author
DIGEST : This resolution 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.
ANALYSIS :
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
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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.
1.Pursuant to the statutes governing air quality for
nonagricultural burning:
A. Except as otherwise provided by law, prohibits 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.
This resolution makes the following legislative findings:
1.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.
2.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.
3.Beach bonfires are a safe and inexpensive recreational
activity and are enjoyed by all the members of our community,
regardless of socioeconomic class.
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4.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.
5.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.
6.Many state beaches offer fire rings to campsite guests as part
of their camping fee, while some provide them for free.
7.Of 108 state parks, 29 allow fire rings for beach vacationers
and visitors (excluding camping).
8.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.
9.The Los Angeles County Department of Beaches and Harbors
maintains fire rings at Dockweiler Beach in Playa del Rey.
10.The 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."
This resolution 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.
Comments
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.
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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
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's 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:
"There 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."
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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.
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
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 EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/4/13)
County of Orange, Supervisor Patricia C. Bates, 5th District
ARGUMENTS IN SUPPORT : According to the author's office, the
South Coast Air Quality Management District (SCAQMD) issued
proposed amended Rule # 444 in April of 2013. Rule # 444
assumes that the approximately 840 South Coast Air 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
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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, 2013
should they 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.
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.
RM:ej:nl 6/5/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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