BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1142
                                                                  Page  1

          Date of Hearing:   April 24, 2013

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                                 Isadore Hall, Chair
                    AB 1142 (Bloom) - As Amended:  March 21, 2013
           
          SUBJECT  :   State beaches and parks: smoking ban

           SUMMARY  :   Prohibits any person from smoking, or disposing of  
          used tobacco products, on a state coastal beach, as defined, or  
          within a unit of the state park system, as defined.  
          Specifically,  this bill  :  

          1)Makes it unlawful for any person to smoke a cigar, cigarette,  
            or other tobacco-related product on a state coastal beach or  
            in a unit of the state park system.

          2)Prohibits any person from disposing of used cigar, cigarette,  
            or tobacco-related product waste within the boundaries of an  
            area in which it is prohibited by this measure.

          3)Defines a "state coastal beach" as an area that is owned,  
            operated, or under the jurisdiction of the state, an agency of  
            the state, or a department of the state and that adjoins the  
            ocean, a bay or statuary.

          4)Makes any person who violates the provisions of this bill  
            guilty of an infraction, punishable by a fine of $250.

          5)Requires the Department of Parks & Recreation (DPR) to develop  
            and post signs at state coastal beaches and units of the state  
            park system to provide notice of smoking prohibition by no  
            later than January 1, 2016.

          6)Defines a "unit of the state park system" as all parks, public  
            camp grounds, monument sites, landmark sites, and sites of  
            historical interest established or acquired by the State, or  
            which are under its control, constitute the State Park System  
            except the sites and grounds known as the State Fair Grounds  
            in the city of Sacramento, and Balboa Park in the city of San  
            Diego.

          7)Defines "smoke or smoking" as the carrying of a lighted pipe,  
            lighted cigar, or lighted cigarette, of any kind, or the  
            lighting of a pipe, cigar, or cigarette, of any kind,  








                                                                 AB 1142
                                                                  Page  2

            including, but not limited to, tobacco or any other weed or  
            plant.

           EXISTING LAW  

          1)Prohibits smoking inside a public building, or in an outdoor  
            area within 20 feet of a main exit, entrance or window of a  
            public building, or in a state-owned passenger vehicle.  
            Authorizes a person to smoke in any other outdoor area of a  
            public building unless otherwise prohibited by state law or  
            local ordinance, and a sign describing the prohibition is  
            posted.

          2)Allows cities, counties and colleges to adopt more restrictive  
            ordinances prohibiting smoking.

          3)Makes it an infraction, punishable by a $250 fine, for a  
            person to smoke within 25 feet of a playground or sandbox area  
            or the disposal of smoking-related waste.

          4)Requires the DPR to administer and protect state park  
            properties for the use and enjoyment of the public. Prohibits  
            smoking in state parks upon a finding of extreme fire hazard  
            by the DPR, except as allowed in designated areas.

          5)Requires individuals who are convicted of violating a  
            Department of Parks and Recreation rule or regulation which  
            involves the leaving, depositing, dropping, or scattering of  
            bottles, broken glass, ashes, wastepaper, cans, or other  
            rubbish in any unit of the state park system be punished by a  
            scale of mandatory fines.  Provides courts with the discretion  
            to require convicted individuals, as a condition of their  
            probation, to pick up litter at a time and place within the  
            court's jurisdiction for, at least, an eight hour period.

          6)Prohibits the smoking of tobacco products in an enclosed space  
            at a place of employment, unless otherwise exempted.   
            Violation of the prohibition results in fines of $100 for the  
            first violations, $200 for a second violation within one year,  
            and $500 for a third and subsequent violation within one year.  
             Enforcement of the smoking prohibition is carried out by  
            local law enforcement agencies, unless an employer has been  
            found guilty of three or more violations, which will require  
            an investigation of the Division of Occupational Safety and  
            Health (DOSH).








                                                                  AB 1142
                                                                  Page  3


           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of the bill :  According to the author, cigarettes and  
          cigarette butts are the most prevalent form of trash found on  
          our beaches, and are not only an eyesore but have harmful  
          effects on the marine environment.  Second-hand smoke is also a  
          public health hazard, and often diminishes the value of a day  
          spent on the beach and in parks for the majority of visitors.  

          Many local beaches and parks all over the state have enacted  
          smoking bans, but our state beaches and parks remain lagging on  
          this issue.  It is time for our state beaches and parks to be  
          brought up to speed and to ban smoking to ensure that marine  
          litter is reduced and exposure to secondhand smoke is cut.

           The problem of cigarette butts  :  Attempts at banning smoking on  
          state beaches and parks at the statewide level has been  
          commonplace in the State of California, with the last attempt  
          occurring in 2010.  Since then the number of local jurisdictions  
          that have enacted smoking bans has grown, with a total of 43  
          local beach bans and 137 bans in local parks. 

          The problem of cigarette butt litter is well documented and  
          supported by numerous studies.  For example, in 2009 over 1.6  
          million pieces of cigarette butt litter were retrieved from U.S.  
          beaches, according to the Surfrider Foundation.  During the 2008  
          Coastal Cleanup Day in California, 340,000 cigarette butts were  
          collected from California beaches.  The Surfrider Foundation  
          estimates that Americans discard more than 175 million pounds of  
          cigarettes buttes every year.  Therefore, it is no surprise that  
          cigarette butts have been the most common type of trash found  
          during coastal cleanup days for the past 24 years in a row.  The  
          recent bans on indoor smoking have also appeared to cause a  
          shift in cigarette butt deposition.  Circumstantial evidence  
          indicates that more cigarette butts are accumulating outside of  
          buildings due to the popularity of indoor smoking bans.  It is  
          also important to note that a lot of the cigarette butts found  
          in beaches are carried as runoff from streets to drains, to  
          rivers, and ultimately to the ocean and its beaches. With that  
          said, the National Audubon Society, a national organization  
          created with the ultimate goal to conserve and restore natural  
          ecosystems, claims that smoke-free beach laws help reduce  








                                                                  AB 1142
                                                                  Page  4

          cigarette butts in beaches by 45%.

          Cigarette butts are not biodegradable, and toxic chemicals leach  
          into delicate aquatic ecosystems and affect marine life and  
          water quality.  In addition, the plastic parts of cigarette  
          butts can be ingested by fish, birds, whales and other marine  
          animals.  Toxic chemicals leached from discarded cigarette butts  
          were also found to present a biohazard to water fleas, which  
          play an important role in aquatic ecosystems by transferring  
          organic matter from primary producers such as algae to higher  
          consumers such as fishes. 

          In addition to the litter problem, tobacco-related illness is  
          the leading cause of preventable deaths in the United States.  
          The U.S. Surgeon General concluded that there is no risk-free  
          level of exposure to secondhand smoke.  According to information  
          provided by the author, secondhand smoke is responsible for  
          approximately 73,000 deaths among nonsmokers each year.

           Effects of outdoor smoking  :  A 2007 study entitled, "Real-Time  
          Measurement of Outdoor Tobacco Smoke," conducted by researchers  
          at Stanford University sought to measure peak and time-averaged  
          outdoor tobacco smoke concentrations in common outdoor settings  
          near smokers and to explore the determinants of time varying  
          outdoor tobacco smoke levels, including the effects of source  
          proximity and wind.

          The study found that outdoor tobacco smoke levels can be  
          substantial under certain conditions, but are dependent on wind  
          conditions and proximity to the person smoking.  The study found  
          that during periods of active smoking, peak and average outdoor  
          tobacco smoke levels dropped almost instantly after smoking  
          activity ceased.  Unlike indoor levels of secondhand smoke,  
          which slowly decapitate over a period of hours, outdoor tobacco  
          smoke levels dropped almost instantly to zero when smoking  
          ended.  

          In addition, outdoor tobacco smoke levels approached zero at  
          distances greater than 2 meters from a single cigarette, and  
          were nearly zero when in a constant upwind direction from an  
          active cigarette.  Nonetheless, the study found outdoor tobacco  
          smoke levels can be high during periods of smoking in locations  
          where persons are near active smokers, especially when they  
          downwind.  Therefore, it is possible for outdoor tobacco smoke  
          to present a nuisance or hazard under certain conditions.








                                                                  AB 1142
                                                                  Page  5


           Senate bill 4 (Oropeza), 2009-2010 Legislative Session  :  Similar  
          to AB 1142 (Bloom), this measure would have made it an  
          infraction for an individual to smoke on a state beach or a unit  
          of the state park system, but would have made the prohibition  
          enforceable only in those state parks where signs have been  
          posted notifying the public of the prohibition.  SB 4 also  
          included exceptions for adjacent parking lots and for areas of  
          state beaches designated as campsite.  That bill also authorized  
          but did not mandate the DPR to post signs, and provided that new  
          signs would be erected only when existing signs were replaced in  
          order to reduce costs to the state park system.  SB 4 was vetoed  
          by then Governor Schwarzenegger who objected to mandating in  
          state law that people not smoke outdoors in certain areas.

          The DPR at that time raised concerns, based primarily on the  
          cost pressure to DPR to provide signage and community outreach,  
          and the challenges of enforcement.  The state park system  
          includes 300 miles of state beaches and 279 state park units  
          throughout the state, covering a total of 1.3 million acres.  
          Since it would be infeasible and cost prohibitive to posts signs  
          everywhere, the DPR noted enforcement of the smoking prohibition  
          could be uneven and inequitable.

           Arguments in support  :  Supporters of the measure argue that  
          secondhand smoke is a known hazard of which there is no safe  
          level.  The U.S. Environmental Protection Agency categorizes  
          secondhand smoke as known human carcinogen, placing it in the  
          most dangerous category reserved for substances including radon,  
          benzene, and asbestos.  The research is overwhelming, with over  
          7,000 chemicals, at least 70 of which are cancer-causing, even  
          brief exposure to secondhand smoke is dangerous.

          Supporters further argue that cigarette litter is the most  
          commonly littered item at our public beaches and parks, with  
          more than 1.3 million butts being removed from beaches across  
          the nation in 2011.  Here in California, over 100 communities  
          have taken steps to protect their local parks and beaches,  
          resulting in protections for a majority of the Southern  
          California coastline.  But these local measures can only go as  
          far as covering local jurisdiction, and leave the state owned  
          and operated parks and beaches without protections.

           Suggested Amendments  : 









                                                                  AB 1142
                                                                  Page  6

          1)The DPR is already authorized to prohibit smoking in state  
            parks upon a finding of extreme fire hazard, except as allowed  
            in designated areas. In addition, the DPR already prohibits  
            littering in state parks, which includes cigarette butts. The  
            Committee may therefore wish to remove the parks component of  
            this measure beginning on page 2, line 17:

                 (5)  "Unit of the state park system" means an area  
          specified in Section 5002.
                (b)  A person shall not smoke a cigar, cigarette, or other  
               tobacco-related product on a state coastal beach  or in a  
               unit of the state park system  .

          2)Prior legislation, including SB 4 (Oropeza) of the 2009-2010  
            Legislation Session, exempted parking lots from the smoking  
            prohibition. Therefore the committee may wish to consider the  
            following amendment beginning on page 2, line 13:

               4)  "State coastal beach" means an area that is owned,  
               operated, or under the jurisdiction of the state, an agency  
               of the state, or a department of the state and that adjoins  
               the ocean, a bay, or an estuary. "  State coastal beach" does  
               not include an adjacent parking lot.  

          3)Prior legislation, including SB 4 (Oropeza) of the 2009-2010  
            Legislation Session, exempted an area of a state coastal beach  
            that is officially designated as a campsite.  Therefore the  
            committee may wish to consider the following amendment  
            beginning on page 2, after line 16:

                This section shall not apply to an area of a state coastal  
               beach that is officially designated as a campsite.

           4)Prior legislation, including SB 4 (Oropeza) of the 2009-2010  
            Legislation Session, established the fine at $100 dollar.   
            This measure currently establishes a fine of $250.  The  
            committee may wish to consider the following amendment  
            beginning on page 2, line 25:

               (d)  A person who violates this section is guilty of an  
               infraction and shall be punished by a fine of  two   one   
               hundred  fifty  dollars ($  250   100  ).

          5)The current version of the bill requires the DPR to develop  
            and post signs to provide notice of the smoking prohibition no  








                                                                  AB 1142
                                                                  Page  7

            later than January 1, 2016.  However, if this bill becomes  
            law, it would take effect on January 1, 2014. This could leave  
            a two year period where the smoking prohibition is in effect  
            but the public is unaware that such a prohibition exists. The  
            committee may wish to consider the following amendment  
            beginning on page 3, after line 3:

                This section shall be enforced only on state coastal  
               beaches once signs have been posted alerting the public to  
               the smoking prohibition, except that warnings may be given  
               before signs have been posted.
             
          6)The bill currently defines "state coastal beaches" as an area  
            that is owned, operated, or under the jurisdictions of the  
            state.  With such a broad definition this could include other  
            beach areas in the state beyond those classified as state  
            beaches.  Therefore the committee may wish to consider the  
            following amendment beginning on page 2, line 13:

               4)  "State coastal beach" means  an area that is owned,  
               operated, or under the jurisdiction of the state, an agency  
               of the state, or a department of the state and that adjoins  
               the ocean, a bay, or an estuary  State beaches as defined in  
               Title 14, division 3, Chapter 10, section 4753, subdivision  
               c, of the California Code of Regulations.                    


          This part of the California Code of Regulations specifies what  
          beaches in California are state beaches.

           Double referred  : AB 1142 (Bloom) was heard in Assembly Water,  
          Parks, and Wildlife Committee on April 16, 2013. The bill was  
          passed with a vote of 9-6.

           Related legislation  :  AB 746 (Levine), pending in Assembly  
          Housing and Community Development Committee. The bill would  
          prohibit smoking in all new or existing multifamily dwellings  
          except in designated areas.

           Prior legislation  : SB 4 (Oropeza), 2009-2010 Legislative  
          Session. The bill would have prohibiting smoking at state  
          coastal beaches or a unit of a state park system. (Vetoed by the  
          Governor)

          SB 1418 (Oropeza), 2007-2008 Legislative Session.   The bill  








                                                                  AB 1142
                                                                  Page  8

          would have prohibited smoking at state coastal beaches or a unit  
          of a state park system. (Never heard in Senate Natural Resources  
          and Water Committee)

          SB 454 (Yee), 2003-2004 Legislative Session. The bill would have  
          prohibited smoking on state beaches except within 20 feet of a  
          waste receptacle. (Failed in Senate Natural Resources and Water  
          Committee)

          AB 1583 (Koretz), 2003-2004 Legislative Session.  The bill would  
          have prohibited smoking at state beaches. (Failed on the Senate  
          Floor)

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Lung Association
          California Against Waste
          Clean Water Action
          County Health Executive Association of California
          Heal the Bay
          Sierra Club California
          Surfrider Foundation
          Turtle Island Restoration Network

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Felipe Lopez / G. O. / (916) 319-2531