BILL ANALYSIS Ó
SB 1333
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SENATE THIRD READING
SB
1333 (Block)
As Amended August 17, 2016
Majority vote
SENATE VOTE: 28-11
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+-------------------|
|Water |9-5 |Levine, Dodd, Eggman, |Gallagher, |
| | | |Bigelow, Harper, |
| | | |Olsen, Salas |
| | |Cristina Garcia, | |
| | |Eduardo Garcia, Gomez, | |
| | |Lopez, Nazarian, | |
| | |Williams | |
| | | | |
|----------------+-----+-----------------------+-------------------|
|Appropriations |11-4 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Jones, Obernolte |
| | |Eggman, Eduardo | |
| | |Garcia, Quirk, | |
| | |Santiago, Weber, Wood, | |
| | |McCarty | |
| | | | |
| | | | |
SB 1333
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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.
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.
5)Exempts from the prohibition any use of a cigar, cigarette, or
pipe, or any other lighted or heated tobacco or plant product
used as a prop in a motion picture, television program, or
similar filmed audiovisual work, provided filming is properly
permitted by the California Film Commission, the active film
set is closed to the general public, and any waste is removed
from the beach or park.
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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 Assembly Appropriations
Committee, increased one-time costs estimated to be between
$840,000 and $1.1 million (General Fund) for the purchase and
installation of signage. The 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: This bill prohibits smoking on state beaches or in
any state park units. The author has introduced this bill to
protect the public, state lands and wildlife from the dangers of
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cigarette litter and second hand smoke by banning smoking in all
state parks and state beaches. The author emphasizes that
cigarette waste is detrimental to California's environment,
particularly its beaches and parks. Studies show that cigarette
butts are the number one waste item found in these locations.
Cigarettes are non-biodegradable and contain over 164 toxic
chemicals. 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 trash
also poses a fire hazard to state lands that are already
susceptible to wildfires due to dry conditions.
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 on beaches.
In 2015 over 2 million pieces of cigarette litter were retrieved
from United States (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. In addition to the litter problems with
cigarettes, smoking poses forest fire hazards and was the cause
of four of the 25 worst wildfires in California between 1929 and
1999, costing the state billions of dollars.
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 and Prevention. 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.
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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 fish. The Ocean
Protection Council's Implementation Strategy on Marine Debris
recommends that smoking be prohibited on state beaches.
Supporters of this bill 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
emphasize the harm to the environment from cigarette waste, as
well as the fire-risk of smoking in state parks.
Opponents of this bill argue that this bill is unnecessary
because state law already provides fines for littering 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.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0004047
SB 1333
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