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