BILL ANALYSIS Ó
SB 1333
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Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1333
(Block) - As Amended August 1, 2016
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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
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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:
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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
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Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081