BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 1594            
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          |Author:    |McCarty                                              |
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          |Version:   |June 1, 2016                                Hearing  |
          |           |Date:      June 8, 2016                              |
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          |Urgency:   |No                     |Fiscal:      |Yes            |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Public postsecondary education:  prohibition of using  
          tobacco and smoking on campuses


            SUMMARY
          
          This bill prohibits, beginning January 1, 2018, smoking or the  
          use of tobacco products on a campus of the California State  
          University or the California Community Colleges.  

            BACKGROUND
          
          Existing law:

          1)   Prohibits smoking inside public buildings or in outdoor  
               areas within 20 feet of a main exit, entrance or window of  
               a public building, but establishes that this does not  
               preempt local entities and campuses of the California  
               Community Colleges (CCC), California State University  
               (CSU), and the University of California (UC) from adopting  
               and enforcing more restrictive smoking and tobacco control  
               policies.  (Government Code  7597)

          2)   Authorizes the governing bodies of the CSU, UC, and each  
               community college district to set enforcement standards for  
               their local campuses and impose fines up to $100, as  
               determined by the local governing body.  Existing law  
               requires funds from fines to be allocated to include, but  
               not be limited to, the designated enforcement agency,  
               education and promotion of the policy, and tobacco  







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               cessation treatment options.  Existing law requires, if a  
               campus adopts the enforcement and fine measures (and  
               authorizes campuses of the UC) to post signs stating the  
               tobacco use policy on campus, as follows:

               a)        The locations at which smoking or tobacco use is  
                    prohibited on campus.

               b)        The locations at which smoking or tobacco use is  
                    permitted on campus.  

               Requires, if a campus adopts the enforcement and fine  
               measures (and authorizes campuses of the UC) to inform  
               employees and students of the tobacco use policy and  
               enforcement measures employed on the campus.  
               (GC  7597.1)



          3)   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.  (GC  7598)

          4)   Prohibits smoking in a private residence that is licensed  
               as a family day care home, or in areas of the day care home  
               where children are present, and prohibits smoking on the  
               premises of a licensed day care center.  
               (Health & Safety Code  1596.795)

          5)   Prohibits smoking or the use of tobacco, or any product  
               containing tobacco or nicotine products, by K-12 students  
               while on campus or at a school-sponsored activity.   
               (Education Code  48901)

            ANALYSIS
          
          This bill prohibits, beginning January 1, 2018, smoking or the  
          use of tobacco products on a campus of the California State  
          University (CSU) or the California Community Colleges (CCC).   
          Specifically, this bill:  

          1)   Beginning January 1, 2018, prohibits a person from smoking  
               or using a tobacco product on a campus of the CSU or the  








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               CCC.

          2)   Authorizes the CSU Trustees and the governing board of each  
               community college district to do all of the following:

               a)        Set standards for the enforcement of the smoking  
                    and tobacco use prohibition for the campuses within  
                    their respective jurisdictions and inform employees  
                    and students at that campus about those standards.

               b)        Conduct a positive educational campaign to  
                    increase the awareness of a tobacco and smoke-free  
                    policy.

               c)        Impose a fine up to $100, following a positive  
                    educational campaign and after January 1, 2018, with  
                    respect to a violation of the smoking and tobacco use  
                    prohibition.  

                    i)             Requires the amount of the fine to be  
                         determined by the CSU Trustees or the governing  
                         board of the affected community college district,  
                         as appropriate.  

                    ii)            Requires the proceeds of the fines to  
                         be allocated for purposes to include but not  
                         limited to, support of the educational operations  
                         of the campus on which the violation occurs,  
                         education about and promotion of the smoke- and  
                         tobacco-free policy, and tobacco use cessation  
                         treatment options for students of that campus.  

          3)   Authorizes each college or university to implement policies  
               and procedures, including possible assistance from campus  
               law enforcement, for collecting and processing fines.

          4)   Requires a campus that adopts the enforcement and fine  
               measures, and authorizes campuses of the University of  
               California (UC), to post signs stating the campus tobacco  
               use policy in any locations that were specifically  
               designated for smoking or tobacco use before the  
               prohibition on tobacco use took effect.

          5)   Prohibits a fine from being imposed unless and until an  








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               educational campaign fails to result in substantial  
               compliance with the prohibition on tobacco use.

          6)   Encourages the UC Regents to adopt and enforce new, or  
               continue to enforce existing, policies that prohibit the  
               use of tobacco.

          7)   Authorizes the governing bodies of the California State  
               University (CSU) or a community college district to  
               continue and enforce a tobacco use policy adopted before  
               January 1, 2017, until the prohibition on tobacco use  
               pursuant to this bill takes effect (January 1, 2018).


          8)   Provides the following definitions:

               a)        "Smoke or smoking" means inhaling, exhaling,  
                    burning, or carrying any lighted or heated cigar,  
                    cigarette, or pipe, or any other lighted or heated  
                    tobacco or plant product intended for inhalation,  
                    whether natural or synthetic, in any manner or in any  
                    form.  This bill provides that "smoke" or "smoking"  
                    includes the use of an electronic smoking device that  
                    creates an aerosol or vapor, in any manner or in any  
                    form, or the use of any oral smoking device for the  
                    purpose of circumventing the prohibition of smoking.

               b)        "Tobacco product" means any of the following:

                    i)             A product containing, made or derived  
                         from tobacco or nicotine that is intended for  
                         human consumption, whether smoked, heated,  
                         chewed, absorbed, dissolved, inhaled, snorted,  
                         sniffed, or ingested by any other means,  
                         including but not limited to cigarettes, cigars,  
                         little cigars, chewing tobacco, pipe tobacco, or  
                         snuff.

                    ii)            An electronic device that delivers  
                         nicotine or other vaporized liquids to the person  
                         inhaling from the device, including but not  
                         limited to an electronic cigarette, cigar, pipe  
                         or hookah.









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                    iii)           Any component, part, or accessory of a  
                         tobacco product, whether or not sold separately.

               c)        "Tobacco product" does not include a product that  
                    has been approved by the United States Food and Drug  
                    Administration for sale as a tobacco cessation product  
                    or for other therapeutic purposes where the product is  
                    marketed and sold solely for such an approved purpose.




          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "Current  
               smoking policies at the California Community College (CCC)  
               and the California State University (CSU) campuses are a  
               variation of the following:  smoking is not allowed within  
               25 feet of building doorways, windows, breezeways, air  
               intake, and vented areas.  Existing law allows each  
               community college district to determine if they would  
               implement a smoke and tobacco ban.  The CSU system allows  
               each individual campus to change the smoking policy as they  
               found appropriate to their campus' needs.  The range of  
               policies from the various campuses can create confusion,  
               and is a source of frustration and concern for proponents  
               of tobacco free campuses."

          2)   Current policies.  Existing law authorizes campuses of the  
               CCC, the CSU, and the UC to adopt and enforce policies that  
               restrict smoking and tobacco beyond the prohibition on  
               smoking inside public buildings or in outdoor areas within  
               20 feet of a main exit, entrance or window of a public  
               building.  

          The CSU prohibits smoking in all CSU buildings or leased spaces.  
                The Academic Senate of the CSU passed a resolution in  
               January 2013, requesting the CSU Chancellor to take  
               necessary steps to modify the CSU systemwide policy to  
               create a smoke-free system, including all facilities.   
               According to the CSU, its systemwide smoke-free campus  
               policy is nearing completion and should be adopted in the  
               near future.  As of August 1, 2013, CSU Fullerton became  
               the first (and only) 100% smoke-free campus in the system.   








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          The CCC does not have a systemwide policy in place.  According  
               to the CCC Chancellor's office, 18 of the 72 community  
               college districts, comprising 37 campuses, currently have  
               smoke-free policies.

          As of January 1, 2014, the University of California (UC) has in  
               place a systemwide smoke- and tobacco-free policy,  
               affecting all UC campuses, labs and centers.

          3)   Practical effect.  The UC already has a systemwide smoke-  
               and tobacco-free policy, and the CSU reportedly will have a  
               systemwide smoke-free policy in place in the near future.   
               Eighteen of the 72 community college districts currently  
               have smoke-free policies.  The UC's policy appears to be  
               consistent with the provisions of this bill.  It remains to  
               be seen if CSU's policy will be consistent with the  
               provisions of this bill.  Staff has not reviewed the 18  
               policies of the CCC districts.  This bill would essentially  
               require the remaining CCC districts to adopt a policy, and  
               require all CCCs and the CSU to ensure their existing  
               policies meet the criteria of this bill.  

          4)   Enforcement standards.  This bill authorizes the governing  
               bodies of the CSU, UC, and each community college district  
               to set enforcement standards for their local campuses and  
               impose fines up to $100.  This bill prohibits a fine from  
               being imposed unless and until an educational campaign  
               fails to result in substantial compliance with the  
               prohibition on the use of tobacco.  Enforcement standards  
               are important to ensure that the prohibition on the use of  
               tobacco is uniformly and fairly enforced at each campus.   
               Staff recommends an amendment to prohibit the imposition of  
               a fine unless and until the system (California State  
               University (CSU) or California Community College (CCC)) has  
               established standards for the enforcement of the  
               prohibition on the use of tobacco, and informed employees  
               and students about those standards.

          5)   Fiscal impact.  According to the Assembly Appropriations  
               Committee analysis, this bill imposes the following costs:

               a)        Eighteen of the 72 community college districts  








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                    currently have smoke-free policies. Assuming a cost of  
                    $2,000 per district for the remaining 54 districts to  
                    adopt a policy for their campuses, one-time state  
                    reimbursable costs would be $108,000 (GF-Prop 98).  
                    Other costs districts may incur-for conducting an  
                    educational campaign, providing enforcement and  
                    posting signs-would be discretionary and therefore are  
                    not state-reimbursable.

               b)        No cost to University of California (UC), as the  
                    system's current policy, adopted in January 2014, is  
                    consistent with the requirements of this bill.

               c)        Development of CSU's systemwide smoke-free campus  
                    policy is nearing completion and will soon be adopted.  
                    Furthermore, as of August 1, 2013, CSU Fullerton  
                    became the first 100% smoke-free campus in the system.  
                    The provisions of Fullerton's policy are similar to  
                    this measure.

          6)   Related legislation.  SB 5 x2 (Leno, Ch. 7, 2015) recasts  
               and broadens the definition of "tobacco product" in current  
               law to include electronic cigarettes, as specified; extends  
               current restrictions and prohibitions against the use of  
               tobacco products to electronic cigarettes; extends current  
               licensing requirements for manufacturers, importers,  
               distributors, wholesalers, and retailers of tobacco  
               products to electronic cigarettes; and requires electronic  
               cigarette cartridges to be child-resistant.  



          SB 8 x2 (Liu) extends current tobacco use prevention funding  
               eligibility and requirements for county offices of  
               education and school districts to include charter schools,  
               broadens the definition of products containing tobacco and  
               nicotine, and prohibits their use in specified areas of  
               schools and school districts, regardless of funding.  SB 8  
               x2 was never heard in the Assembly.

          SB 7 x2 (Hernandez, Ch. 8, 2015) increases the minimum legal age  
               to purchase or consume tobacco from 18 to 21 and makes  
               additional conforming changes to restrictions and  
               enforcement mechanisms in current law.








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            SUPPORT
          
          American Academy of Pediatrics, California
          American Cancer Society Cancer Action Network
          American Heart Association/American Stroke Association
          American Lung Association in California
          California Chapter of the American College of Emergency  
          Physicians
          California Medical Association
          California Optometric Association
          Campuses Organized and United for Good Health (COUGH)
          Cerritos Community College District
          First 5 Association of California
          Los Rios Community College District
          Santa Ana College, Health & Wellness Center
          Santiago Canyon College

            OPPOSITION
           
           None received.

                                      -- END --