BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1333  


                                                                    Page  1





          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1333  
          (Block) - As Amended August 1, 2016


           ----------------------------------------------------------------- 
          |Policy       |Water, Parks and Wildlife      |Vote:|9 - 5        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill prohibits smoking or disposing of used cigar or  
          cigarette waste on a state beach or in a state park.   
          Specifically, this bill: 








                                                                    SB 1333  


                                                                    Page  2







          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.   
            Exempts props used for filming under specified conditions.


          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.


          4)Requires the Department of Parks and Recreation (DPR) to post  
            signs providing notice of the smoking prohibition.  Provides  
            that the smoking prohibition will be enforced only after signs  
            have been posted.


          FISCAL EFFECT:


          Increased one-time costs estimated to be between $840,000 and  
          $1.1 million (GF) for the purchase and installation of signage.   
          DPR estimates each sign will cost between $150 and $200. The  
          smoking ban would apply to 280 state parks, with an estimated 20  
          signs per park.  This estimate does not include any additional  
          costs associated with CEQA or Coastal Commission permits, if  
          determined to be applicable.  


          COMMENTS:










                                                                    SB 1333  


                                                                    Page  3





          1)Purpose.   According to the author, the prevalence of  
            cigarette waste is very detrimental to California's  
            environment, particularly its beaches and parks.  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.


          2)Background.  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 covering a total of  
            1.3 million acres.  


          3)Support and Opposition.  Supporters, including health  
            organizations, 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 particularly vulnerable  
            to the effects of secondhand smoke.  Other supporters,  
            including environmental organizations, emphasize the harm to  
            the environment from cigarette waste, as well as the fire-risk  
            of smoking in state parks.


            The opponents, including industry associations, argue that  
            this bill is unnecessary because state law already provides  
            fines for littering on public property, including beaches.   
            Opponents also note DPR 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 assert that rules on outdoor smoking should be  
            addressed at the local level rather than statewide.


          4)Prior Legislation.  AB 1142 (Bloom) of 2013, was substantially  
            similar to this bill.  AB 1142 failed in the Assembly  
            Governmental Organizations Committee.









                                                                    SB 1333  


                                                                    Page  4










          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081