BILL ANALYSIS Ó
SB 1333
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Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
1333 (Block) - As Amended June 20, 2016
SENATE VOTE: 28-11
SUBJECT: State beaches and parks: smoking ban
SUMMARY: Prohibits smoking, or disposing of used cigarette
waste, on a state beach or in a state park. Specifically, this
bill:
1)Prohibits a person from smoking on a state coastal beach or in
a unit of the state park system. The prohibition applies to
cigars or cigarettes containing tobacco or any other weed or
plant used as an alternative or supplement to tobacco or
nicotine, and also includes electronic and vapor cigarettes.
2)Prohibits a person from disposing of used cigar or cigarette
waste on a state coastal beach or in a state park unit.
3)Makes a violation of this bill an infraction, punishable by a
fine of up to $250.
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4)Requires the Department of Parks and Recreation (DPR) to post
signs providing notice of the smoking prohibition. Provides
that the smoking prohibition shall be enforced on state
coastal beaches and in state park units only after signs have
been posted.
EXISTING LAW:
1)Makes it an infraction to smoke a cigarette, cigar or other
tobacco-related product within 25 feet of a playground or
sandbox, punishable by a fine of $250 per incident.
2)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.
3)Allows cities, counties and colleges to adopt more restrictive
ordinances prohibiting smoking.
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. Allows the
DPR to prohibit smoking in certain locations or under certain
conditions, such as on specific guided walks, buildings,
trails, and when fire danger is high.
FISCAL EFFECT: According to the Senate Appropriations
Committee, $840,000 to $1.1 million (General Fund) for the DPR
to develop and install signage.
COMMENTS: This bill prohibits smoking on state beaches or in
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any state park units.
1)Author's Statement: This bill protects the public, state
lands and wildlife from the dangers of cigarette litter and
second hand smoke by banning smoking in all state parks and
state beaches. The prevalence of cigarette waste is very
detrimental to California's environment, particularly its
beaches and parks. Studies show that cigarette butts were the
number one waste item found in these locations. Cigarettes
are non-biodegradable and contain over 164 toxic chemicals.
Dangerous and toxic chemicals from cigarette butts have also
been found to leak into the aquatic environment when they are
submerged in water. Cigarette debris has been found in the
stomachs of birds, fish and other marine animals. This toxic
trash also poses a serious fire hazard to state lands that are
already susceptible to wildfires due to dry conditions.
2)Background: According to data compiled by the Ocean
Conservancy from coastal clean-up collection efforts
nationwide, cigarette litter continues to be the most commonly
found waste item. In 2015 over 2 million pieces of cigarette
butt litter were retrieved from U.S. beaches. Cigarette butts
have been the most common type of trash found during coastal
cleanup days for the past 30 years. Cigarette litter has been
found in the stomachs of fish, birds, whales and other marine
animals who mistake them for food. Cigarette filters also
contain cellulose acetate, a type of plastic that breaks down
slowly and never fully decomposes. According to information
provided by the Surfrider Foundation, the toxic chemicals in
used cigarette filters also leak out into the aquatic
environment when submerged in water. The Surfrider Foundation
estimates that Americans discard more than 175 million pounds
of cigarette butts every year. In addition to the litter
problems associated with cigarettes, smoking poses forest fire
hazards and was the cause of four of the 25 worst wildfires in
California between 1929 and 1999, causing the state billions
of dollars.
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In addition to the litter problems and fire hazards created by
smoking, the author notes the hazards of second hand smoke.
Tobacco smoking causes an estimated 443,000 deaths per year,
of which 73,000 are nonsmokers, according to data provided by
the Centers for Disease Control. The U.S. Surgeon General has
concluded there is no risk-free level of exposure to second
hand smoke, and the California Air Resources Board has
categorized second hand smoke as a toxic air contaminant.
Other studies have found that the non-biodegradable plastic in
cigarette butt filters can be toxic when consumed by marine
wildlife. Toxic chemicals leached from discarded cigarette
butts have also been found to present a biohazard to water
fleas, which play an important role in aquatic ecosystems by
transferring energy and organic matter from primary producers
such as algae to higher consumers such as fishes. The Ocean
Protection Council's Implementation Strategy on Marine Debris
recommends that smoking be prohibited on state beaches.
Some supporters of this bill cite to a study showing the levels
of secondhand smoke exposure outdoors can reach levels
attained indoors. The study cited in support of these claims
was conducted by researchers at Stanford University and
published in the Journal of the Air and Waste Management
Association in May 2007. The study, which is entitled
"Real-Time Measurement of Outdoor Tobacco Smoke Particles,"
was the first peer reviewed study of systematic measurements
of outdoor tobacco smoke concentrations. The main conclusion
of the study was that outdoor tobacco smoke levels can be
substantial under certain conditions, but are highly dependent
on wind conditions and proximity to active smokers. The study
found during periods of active smoking, peak and average
outdoor tobacco smoke levels near smokers could rival indoor
tobacco smoke concentrations, but that outdoor tobacco smoke
levels dropped almost instantly after smoking activity ceased.
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Unlike indoor levels of second hand smoke, which decay slowly
over a period of hours, outdoor tobacco smoke levels dropped
abruptly 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.
Nevertheless, the study found outdoor tobacco smoke levels can
be high during periods of smoking in locations where persons
are near active smokers, especially when downwind. Therefore,
it is possible for outdoor tobacco smoke to present a nuisance
or hazard under certain conditions. Examples given of
scenarios where outdoor tobacco smoke levels might be high
include eating dinner with a smoker on an outdoor patio,
sitting next to a smoker on a park bench, or standing near a
smoker outside a building.
The study also noted children who accompany a smoking parent or
guardian may experience substantial exposure, and persons who
spend a significant portion of their time within a few feet of
active smokers are also likely to receive relatively large
total outdoor tobacco smoke exposures over the course of a
day, possibly exceeding the EPA 24-hr health standard for fine
particles. If one is upwind from a smoker, levels most likely
will be negligible. However, if the smoker's position changes
or one spends time downwind from a smoker, then moving to a
distance of 2 meters can reduce the likelihood of experiencing
elevated particle exposure from outdoor tobacco smoke.
3)Prior and Related Legislation: AB 1142 (Bloom) of 2013, was
substantially similar to this bill. AB 1142 passed this
committee but failed passage in the Assembly Governmental
Organizations Committee.
SB 4 (Oropeza) of 2010, would have made it an infraction for an
individual to smoke on a state beach or a state park, but
would have made the prohibition enforceable only in those
state parks where signs have been posted notifying the public
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of the prohibition. That bill also included exceptions for
adjacent parking lots and for areas of state beaches
designated as campsites. 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 Governor Schwarzenegger who objected to mandating in
state law that people not smoke outdoors in certain areas.
DPR at the time raised concerns with SB 4, based primarily on
the cost pressure to the DPR to provide signage and community
outreach, and the challenges of enforcement. The DPR
currently prohibits smoking in state park buildings, on
trails, on specific guided walks, and during high fire
seasons. The state park system includes 300 miles of state
beaches and 280 state park units throughout the state,
covering a total of 1.3 million acres. Since it will be
infeasible and cost prohibitive to posts signs everywhere, the
DPR noted enforcement of the smoking prohibition could be
uneven and inequitable.
4)Policy Issues for Committee's Consideration: This bill
prohibits smoking in all state parks and state beaches,
including parking lots, campsites, picnic areas and trails.
The committee may wish to consider whether for practical
reasons this bill should be amended to exempt parking lots and
individual campsites, particularly where campfires, which also
produce smoke, are allowed in the campsites. The committee
may also wish to consider whether this bill should be amended
to remove the mandate for the DPR to post signs, and instead
make the smoking prohibition enforceable in areas where signs
notifying the public of the ban have been installed, in order
to reduce costs and allow for a phase in of direct costs to
the DPR.
5)Support Arguments: Supporters emphasize that according to the
U.S. Surgeon General, there is no risk-free level of exposure
to secondhand smoke. Children and the elderly are
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particularly vulnerable to the effects of secondhand smoke.
Other supporters emphasize the harm to the environment from
cigarette waste, as well as the fire-risk of smoking in state
parks.
6)Opposition Arguments: The opponents argue that this bill is
unnecessary because state law already provides fines for
littering of public property, including beaches. The DPR also
has the authority to impose restrictions on smoking when fire
risk is high, and has restricted smoking in other specific
situations and locations. The opponents also assert that
rules on outdoor smoking should be addressed at the local
level rather than statewide.
REGISTERED SUPPORT / OPPOSITION:
Support
American Cancer Society Cancer Action Network
American Lung Association in California
Amigos de Bolsa Chica
Association of California Healthcare Districts
California Optometric Association
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California State Firefighters' Association
County Health Executives Association of California
March of Dimes in California
Plastic Pollution Coalition
Sierra Club California
Save The Bay
Surfrider Foundation
Opposition
Cigar Association of America
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096
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