Amended in Assembly August 14, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1102

Introduced by Assembly begin delete Member Grove end delete begin insert Members Allen and Quirk-Silva end insert

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(Principal coauthors: Assembly Members Donnelly and Mansoor)

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(Coauthors: Assembly Members Beth Gaines and Hagman)

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(Coauthors: Senators Nielsen, Walters, and Wyland)

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February 22, 2013

An act to add Section begin delete 38572 end delete begin insert 40440.15 end insert to the Health and Safety Code, relating to begin delete air resources. end delete begin insert nonvehicular air pollution end insert begin insert . end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1102, as amended, begin delete Grove end delete   begin insert Allen end insert . begin delete Air resources: greenhouse gas emissions. end delete begin insert South Coast Air Quality Management District: beach burning. end insert

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Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. Existing regulations of the district prohibit a person from engaging in a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand, as specified.

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This bill would prohibit the district from enacting a rule that prohibits a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district.

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The California Global Warming Solutions Act of 2006 authorizes the State Air Resources Board, known as ARB, by regulation, to adopt a market-based compliance mechanism to further the achievement of the statewide greenhouse gas emissions limits.

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This bill would require the ARB, if the ARB adopts a market-based compliance mechanism that provides for the auctioning of greenhouse gas allowances, to auction program allowances consigned by an electrical corporation or a local publicly owned electric utility before auctioning any other allowances.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

(a) As the Legislature confirmed with Assembly Concurrent
Resolution 52 (Chapter 52 of the Statutes of 2013), beach bonfires
contained in fire rings should be allowed on all beaches in
California.

(b) Beach bonfires are an inexpensive recreational activity and
are enjoyed by all the members of our community regardless of
socioeconomic class.

(c) Fire rings are usually large cement rings in the sand used
to build your very own bonfire on the beach.

(d) The California Coastal Commission staff report of October
22, 2012, stated, “Beach fire rings are a unique recreational
facility for which there is no substitution.”

(e) Amendments to Rule 444 by the South Coast Air Quality
Management District were voted on at a hearing on July 12, 2013,
and any actions by that vote on regulatory language and any
subsequent action resulting from it need to be nullified.

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begin insert SEC. 2. end insert   

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begin insert Section 40440.15 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

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begin insert 40440.15. end insert   

The south coast district shall not prohibit a person
from engaging in a beach burning for a recreational, ceremonial,
or open burning conducted in a public coastal area marked by an
accumulation of sand.

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begin insert SEC. 3. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the need to protect visitor-generated
revenues that are used to fund essential programs, such as those
for the protection of public safety and parks, within the jurisdiction
of the South Coast Air Quality Management District.

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SECTION 1.  

Section 38572 is added to the Health and Safety
Code, to read:

38572.  

If the state board adopts a market-based compliance
mechanism pursuant to this part that provides for the auctioning
of greenhouse gas allowances, the state board shall auction program
allowances consigned by an electrical corporation or a local
publicly owned electric utility before auctioning any other
allowances.

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