BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: SB 4 HEARING DATE: March 24, 2009
AUTHOR: Oropeza URGENCY: No
VERSION: As Introduced CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Public resources: state beaches and parks: smoking
ban.
BACKGROUND AND EXISTING LAW
In 2003, Solana Beach in San Diego County became the first
California city to prohibit smoking on the beach. The ordinance
was passed in response to both second hand smoke health concerns
and smoking related litter. Since then, numerous jurisdictions
have adopted ordinances that ban smoking in parks or public
beaches including but not limited to the Counties of San Mateo
and San Francisco and the Cities of San Diego, Los Angeles,
Huntington Beach, Pasadena, Carson, and Davis.
The State Parks system currently prohibits smoking in certain
situations, such as on specific guided walks, buildings, and
trails. Additional smoking restrictions are imposed where there
are high fire dangers.
In 2001, the Legislature passed AB 188 (Vargas), which
prohibited smoking and the disposal of smoking related waste
within 25 feet of any playground (Section 104495 of the Health
and Safety Code). A violation of this section is an infraction
and is punishable by a $250 fine for each incident. Punishment
under this section does not preclude punishment under other
littering provisions. Additional state statutes prohibit smoking
in public buildings, workplaces, and restaurants.
PROPOSED LAW
This bill would prohibit smoking on any state coastal beach or
state park unit, except in adjacent parking lots. A violation of
this section would be an infraction and punishable by a $250
fine.
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This bill would also authorize the Department of Parks and
Recreation (DPR), or another state agency, to develop and post
signs to provide notice of the smoking prohibition. New signs
could only be posted when existing signs are being replaced.
ARGUMENTS IN SUPPORT
Supporters of the bill believe that this bill will reduce
litter, reduce exposure to second hand smoke, and will increase
fire safety. The author cities a 1998 US EPA statistic that
determines cigarette butts to be the most frequently found
marine debris item in the United States.
Furthermore, the author states, "According to the California
Department of Forestry (over a five-year average), smoking has
been found to be the cause of more than 100 CDF fires and more
than 3400 acres of damage annually."
ARGUMENTS IN OPPOSITION
Commonwealth Brands, the fourth largest tobacco manufacturer in
the U.S., opposes the bill. It believes that a ban on smoking at
beaches and parks is disproportionate and unnecessary that
infringes on the freedoms and rights of smokers.
COMMENTS
Previous legislative attempts : Senator Oropeza's similar efforts
include SB 4 in 2007 and SB 1418 in 2008. SB 4 was referred to
this committee but never heard. SB 1418 was pulled by the
author. In 2004, this committee passed AB 1583 (Koretz) which
prohibited smoking at all public coastal beaches. AB 1583 was
later amended to only apply to state beaches and excluded
parking lots and non-sand campgrounds from the prohibition. AB
1583 ultimately failed to pass the Senate.
Also in 2004, this committee failed to pass AB 454 (Yee) which
would have prohibited smoking on state beaches except within 20
feet of a waste receptacle.
How will the public know about the smoking prohibition? This
bill prohibits DPR from posting a new sign with the smoking
prohibition unless "existing signs are being replaced by the
state." This could mean that until such time as appropriately
placed signs are in place and that notify the public of the
smoking prohibition, this bill's impact and enforcement efforts
will be significantly hampered. The committee may wish to
consider whether it is appropriate to restrict the replacement
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of signs in order to notify the public of a new prohibition.
Does this bill address the littering concerns associated with
smoking? This bill exempts parking lots adjacent to state parks
and beaches from the smoking ban regardless of whether there are
trash cans or ash collectors available. The committee may
consider whether allowing smoking in parking lots will actually
reduce littering.
SUPPORT
American Cancer Society
American Heart Association
California Medical Association
Heal the Bay
OPPOSITION
Commonwealth Brands
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