BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1333|
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                                   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.









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          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  







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          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  







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          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









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          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  







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          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


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