BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1333|
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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
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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.
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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.
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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
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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
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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
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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
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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
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