BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1333|
|Office of Senate Floor Analyses | |
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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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