BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1333| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO Bill No: SB 1333 Author: Block (D), et al. Amended: 8/19/16 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/12/16 AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk NOES: Stone, Vidak SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza NOES: Nielsen SENATE FLOOR: 28-11, 5/31/16 AYES: Allen, Bates, Beall, Block, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Berryhill, Cannella, Fuller, Gaines, Huff, Moorlach, Morrell, Nielsen, Stone, Vidak NO VOTE RECORDED: Runner SENATE FLOOR: 26-10, 8/30/16 AYES: Allen, Beall, Block, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Bates, Berryhill, Cannella, Fuller, Gaines, Huff, Moorlach, Nielsen, Stone, Vidak NO VOTE RECORDED: Anderson, Hueso, Morrell ASSEMBLY FLOOR: 50-26, 8/25/16 - See last page for vote SUBJECT: State beaches and parks: smoking ban SB 1333 Page 2 SOURCE: Author DIGEST: This bill prohibits smoking or disposing of a used cigar or cigarette waste on a state beach or a state park system. This bill also establishes a maximum fine of $250 for a violation of this law, and requires the Department of Parks and Recreation (DPR) to post signs indicating that smoking is prohibited. ANALYSIS: Existing law: 1)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. 2)Prohibits smoking or disposing of smoking related waste within 25 feet of a playground or sandbox area, and makes it punishable by a $250 fine for each incident. 3)Requires DPR to administer and protect state park properties for the use and enjoyment of the public. Allows 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. SB 1333 Page 3 4)Allows cities, counties, and colleges to adopt more restrictive ordinances prohibiting smoking. This bill: 1)Prohibits smoking on a state beach or in a unit of the state park system. The prohibition applies to cigars, cigarettes, and electronic or vapor smoking devices. Also applies to devices containing tobacco or any other weed or plant used as an alternative or supplement to tobacco or nicotine. 2)Prohibits disposing of used cigarette or cigar waste on a state beach or in a state park unit. 3)Establishes a maximum fine of $250 for a violation of this law. 4)Requires DPR to post signs indicating that smoking is prohibited. Provides that the smoking prohibition shall be enforced on state beaches and in state park units only after signs have been posted. SB 1333 Page 4 5)Exempts from the prohibition any use of a cigar, cigarette, pipe, or any other electronic or vapor smoking device 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 film set is closed to the general public, and any waste is immediately removed from the beach or park. 6)Allows the director to designate, by posted order, areas within units of the state park system as exempt from the prohibition. Background Cigarette debris is one of the most common types of trash found on California beaches. For example, during the 2010 Annual International Coastal Cleanup Day organized by the Ocean Conservancy and the California Coastal Commission, 40% of debris was associated with smoking-related activities (cigarette butts, lighters, etc.). Cigarette waste poses a very serious hazard to turtles, fish, seabirds, and other animals when ingested, which can block gastrointestinal tracts or poison the animal from toxic compounds within the cigarette filter. In addition to the unsightly and hazardous waste from smoking-related activities, lit cigarettes or cigars are one of the primary causes of wildland fires in the United States. Millions of people visit State Parks each year and that may put them at a higher fire risk than other less frequented natural destinations. Under state law, there is no prohibition against smoking in an SB 1333 Page 5 outdoor area of a public building unless otherwise prohibited by state law or local ordinance, and signs describing the prohibition are posted. However, many cities, counties, and colleges have adopted more restrictive ordinances prohibiting smoking. Currently in California, there are dozens of local ordinances that restrict smoking in outdoor areas. For example, the Counties of San Mateo and San Francisco, the Cities of San Diego, Los Angeles, Huntington Beach, Pasadena, Carson, and Davis, among others, have adopted ordinances banning smoking in parks or public beaches. Comments How does this bill fit in with existing littering laws? Under existing law, it is unlawful to litter on public property, including on state beaches and state parks. Nonetheless, small items like cigarette butts are easy to litter without others noticing. Smoking, however, is a much more visible act and it would be easier to identify and confront individuals who are smoking in prohibited areas. It is likely this would help reduce litter from tobacco products. Furthermore, receiving a fine for smoking would not preclude an individual from also receiving a fine for littering if both violations occurred. What smoking devices are covered by the proposed bill? SB 1333 defines smoking to include a lighted pipe, lighted cigar, lighted cigarette or any other lighted oral smoking device, including an electronic smoking device that creates an aerosol or vapor. How might this impact medical cannabis? SB 1333 declares a cigarette or cigar can contain tobacco or "any other weed or plant as an alternative or supplement to tobacco or nicotine." It could be interpreted, therefore, to include cannabis. Related/Prior Legislation AB 1142 (Bloom, 2013), similar to SB 1333, would have prohibited smoking at state parks and beaches and would have established a fee of $250 for a violation. (Died in Assembly Governmental SB 1333 Page 6 Organization Committee). SB 4 (Oropeza, 2009) was passed by the Legislature in 2010, but ultimately vetoed by the Governor. Like SB 1333, SB 4 would have made it an infraction ($100 fine) for an individual to smoke on a state beach or state park. It included exemptions for adjacent parking lots and designated campsites at state beaches. Also, enforcement of the prohibition would only go into effect once signs were posted. In his veto, Governor Schwarzenegger argued it crossed the line of government intrusion in private life. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee: 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 California Environmental Quality Act or Coastal Commission permits, if determined to be applicable. SUPPORT: (Verified10/10/16) American Cancer Society Cancer Action Network American Lung Association in California Amigos de Bolsa Chica Association of California Healthcare Districts California Association of Recreation and Park Districts California Optometric Association 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 SB 1333 Page 7 OPPOSITION: (Verified10/10/16) Cigar Association of America ARGUMENTS IN SUPPORT: One of the main arguments in support of this bill by both the author and supporters is the negative environmental impact of tobacco product waste on beaches. According to the author, "Cigarette waste has proven to be very detrimental to the environment. Various nonprofit organizations have found that discarded cigarette butts were the number one waste item found on beaches. According to a study by the California Ocean Protection Council, about 40% of debris collected by the California Coastal Cleanup day in 2010 were trash from smoking-related activities." Furthermore, the author points out the fire risk posed by smoking, particularly in State Parks. According to the author, "California has been known to be prone to wildfires. Statistics show that there were roughly 68,417 fires that burned about 10,125,149 acres in the 2015 fire season. In 2014, there were 63,417 fires that burned 3,577,620 acres. Ninety percent of those fires are caused by humans and discarded smoldering cigarettes are largely responsible. The prevalence of smoking increases the likelihood of a wildfire and potential destruction in state parks." Finally, the author and supporters argue that this bill will help address public health concerns associated with smoking on state beaches and parks. According to the author, "A recent study by Stanford University showed that a non-smoker standing downwind from a smoker outdoors can be exposed to substantial levels of contaminated air. This research points to the potential risks that a visitor to California state parks and beaches may encounter." ARGUMENTS IN OPPOSITION: The Cigar Association of America (CAA) argues that existing laws already provide sufficient avenues for penalties and deterrents. For example, CAA argues "stronger enforcement of these laws would present a far greater SB 1333 Page 8 deterrent to littering than the $250 fine proposed in SB 1333 and would not require the state to outlaw the outdoor use of legal consumer products like cigars." They also point out that state parks already have the authority to prohibit smoking under certain conditions and, therefore, the "issue of fire risk from smoking is already very well addressed within the state parks system." Finally, CAA believes that the issue of outdoor smoking bans is most appropriately considered at the local level where cities and counties can craft ordinances that best reflect their local needs.= GOVERNOR'S VETO MESSAGE: I am returning Senate Bill 1333 without my signature. This bill bans smoking at state beaches and parks. The complete prohibition in all parks and beaches is too broad. A more measured - and less punitive - approach might be warranted. ASSEMBLY FLOOR: 50-26, 8/25/16 AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Travis Allen, Bigelow, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gray, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Achadjian, Brough, Burke, Gipson Prepared by:Matthew Dumlao / N.R. & W. / (916) 651-4116 10/25/16 14:29:26 SB 1333 Page 9 **** END ****