BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1333| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1333 Author: Block (D) Introduced:2/19/16 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/12/16 AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk NOES: Stone, Vidak SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza NOES: Nielsen SUBJECT: State beaches and parks: smoking ban SOURCE: Author DIGEST: This bill prohibits smoking or disposing of a used cigar or cigarette waste on a state beach or a state park system. This bill also establishes a maximum fine of $250 for a violation of this law, and requires the Department of Parks and Recreation (DPR) to post signs indicating that smoking is prohibited. ANALYSIS: Existing law: 1)Prohibits smoking inside a public building, in a state-owned vehicle, or in an outdoor area within 20 feet of a main entrance, exit or window. SB 1333 Page 2 2)Prohibits smoking or disposing of smoking related waste within 25 feet of a playground or sandbox area, and makes it punishable by a $250 fine for each incident. 3)Allows the State Parks system to prohibit smoking in certain locations or under certain conditions, such as on specific guided walks, buildings, trails, and when fire danger is high. 4)Allows cities, counties, and colleges to adopt more restrictive ordinances prohibiting smoking. This bill: 1)Prohibits smoking or disposing of used cigar or cigarette waste on a state beach or a state park system. 2)Establishes a maximum fine of $250 for a violation of this law. 3)Requires DPR to post signs indicating that smoking is prohibited. Background Cigarette debris is one of the most common types of trash found on California beaches. For example, during the 2010 Annual International Coastal Cleanup Day organized by the Ocean Conservancy and the California Coastal Commission, 40% of debris was associated with smoking-related activities (cigarette butts, lighters, etc.). Cigarette waste poses a very serious hazard to turtles, fish, seabirds, and other animals when ingested, which can block gastrointestinal tracts or poison the animal from toxic compounds within the cigarette filter. In addition to the unsightly and hazardous waste from smoking-related activities, unextinguished cigarettes or cigars are one of the primary causes of wildland fires in the United States. Millions of people visit State Parks each year and that may put them at a higher fire risk than other less frequented natural destinations. Under state law, there is no prohibition against smoking in an outdoor area of a public building unless otherwise prohibited by state law or local ordinance, and signs describing the SB 1333 Page 3 prohibition are posted. However, many cities, counties, and colleges have adopted more restrictive ordinances prohibiting smoking. Currently in California, there are dozens of local ordinances that restrict smoking in outdoor areas. For example, the Counties of San Mateo and San Francisco, the Cities of San Diego, Los Angeles, Huntington Beach, Pasadena, Carson, and Davis, among others, have adopted ordinances banning smoking in parks or public beaches. Comments How does this bill fit in with existing littering laws? Under existing law, it is unlawful to litter on public property, including on state beaches and state parks. Nonetheless, small items like cigarette butts are easy to litter without others noticing. Smoking, however, is a much more visible act and it would be easier to identify and confront individuals who are smoking in prohibited areas. It is likely this would help reduce litter from tobacco products. Furthermore, receiving a fine for smoking would not preclude an individual from also receiving a fine for littering if both violations occurred. What smoking devices are covered by the proposed bill? SB 1333 defines smoking to include a lighted pipe, lighted cigar, lighted cigarette or any other lighted oral smoking device, including an electronic smoking device that creates an aerosol or vapor. How might this impact medical cannabis? SB 1333 declares a cigarette or cigar can contain tobacco or "any other weed or plant as an alternative or supplement to tobacco or nicotine." It could be interpreted, therefore, to include cannabis. Related/Prior Legislation AB 1142 (Bloom, 2013) was similar to SB 1333, the bill would have prohibited smoking at state parks and beaches and would have established a fee of $250 for a violation. (Died in Assembly Governmental Organization Committee). SB 4 (Oropeza, 2009) was passed by the Legislature in 2010, but ultimately vetoed by the Governor. Like SB 1333, SB 4 would have made it an infraction ($100 fine) for an individual to smoke on a state beach or state park. It included an exemption SB 1333 Page 4 for designated campsites at state beaches and specifically exempted Oceano Dunes State Vehicular Recreation Area. Also, enforcement of the prohibition would only go into effect once signs were posted. In his veto, Governor Schwarzenegger argued it crossed the line of government intrusion in private life. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: Total cost between $840,000 through $1.1 million (General Fund) for the purchase and installation of signage. DPR estimates that each sign will between $150 and $200 (excluding any additional costs associated with CEQA or the Coastal Commission, where applicable). The smoking ban would apply to 280 parks, with an estimated 20 signs per park. SUPPORT: (Verified 5/27/16) American Cancer Society Cancer Action Network American Lung Association in California Amigos de Bolsa Chica Association of California Healthcare Districts California Association of Recreation and Park Districts California Optometric Association California State Firefighters' Association County Health Executives Association of California Save the Bay Sierra Club California Surfrider Foundation OPPOSITION: (Verified 5/27/16) None received SB 1333 Page 5 ARGUMENTS IN SUPPORT: One of the main arguments in support of this bill by both the author and supporters is the negative environmental impact of tobacco product waste on beaches. According to the author, "Cigarette waste has proven to be very detrimental to the environment. Various nonprofit organizations have found that discarded cigarette butts were the number one waste item found on beaches. According to a study by the California Ocean Protection Council, about 40% of debris collected by the California Coastal Cleanup day in 2010 were trash from smoking-related activities." Furthermore, the author points out the fire risk posed by smoking, particularly in State Parks. According to the author, "California has been known to be prone to wildfires. Statistics show that there were roughly 68,417 fires that burned about 10,125,149 acres in the 2015 fire season. In 2014, there were 63,417 fires that burned 3,577,620 acres. Ninety percent of those fires are caused by humans and discarded smoldering cigarettes are largely responsible. The prevalence of smoking increases the likelihood of a wildfire and potential destruction in state parks." Finally, the author and supporters argue that this bill will help address public health concerns associated with smoking on state beaches and parks. According to the author, "A recent study by Stanford University showed that a non-smoker standing downwind from a smoker outdoors can be exposed to substantial levels of contaminated air. This research points to the potential risks that a visitor to California state parks and beaches may encounter." The Surfrider Foundation argues that "requiring the California Department of Parks and Recreation to create and post signs at state beaches and the state park system to notify visitors of the smoking prohibition would create some costs at the outset, but evidence suggests far more money will be saved in the long run as less damage is done and employee time is better spent." Furthermore, the Amigos de Bolsa Chica suggest that "the act of smoking in itself is incongruent with the behaviors expected of persons visiting state parks and beaches. While our organization believes in people's personal rights regarding decisions pertaining to their own habits and health, we understand that state parks and beaches are shared spaces, and despite the fact SB 1333 Page 6 that these are for the most part, outdoor and open-air spaces, it is not uncommon to experience large agglomerations of people in those beaches and parks, especially during certain seasons of the year. Thus, we believe that SB 1333 will protect children and other visitors from the known negative effects of second-hand smoking, much like the existing law that makes it a crime for a person to smoke within 25 feet of a playground or sandbox area." Prepared by:Matthew Dumlao / N.R. & W. / (916) 651-4116 5/28/16 17:15:04 **** END ****