BILL ANALYSIS                                                                                                                                                                                                    Ó




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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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