BILL ANALYSIS
SB 4
Page 1
Date of Hearing: June 24, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chairman
SB 4 (Oropeza) - As Amended: June 18, 2009
SENATE VOTE : 21-14
SUBJECT : Public resources: state beaches and parks: smoking
ban
SUMMARY : Prohibits 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 $100 fine and
will be enforced on state coastal beaches or in a unit of the
state park system once signs have been posted alerting the
public to the smoking ban. Specifically, this bill :
1) Establishes a $100 infraction for a person who smokes a
cigar, cigarette, or other tobacco-related product on a
state coastal beach or in a unit of the state park system
[Public Resources Code Section 5008.9 (b) and (c)].
2) Permits the Department of Parks and Recreation or
another relevant state agency or department to develop and
post signs at a state coastal beach or a unit of the state
park system to provide notice of the smoking prohibition
[Public Resources Code Section 5008.9 (d)].
3) Requires the smoking prohibition to be enforced on state
coastal beaches or in a unit of the state park system once
signs have been posted altering the public to the smoking
prohibition, but, this bill would authorize warnings to be
given before signs have been posted [Public Resources Code
Section 5008.9 (e)].
EXISTING LAW :
1) Prohibits smoking and the disposal of smoking-related
waste within 25 feet of any playground or tot lot sandbox
area. A violation of this section is an infraction and is
punishable by a $250 fine for each incident [Health and
Safety Code Section 104495].
2) Requires individuals who are convicted of violating a
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Department of Parks and Recreation rule or regulation which
involves the leaving, depositing, dropping, or scattering
of bottles, broken glass, ashes, wastepaper, cans, or other
rubbish in any unit of the state park system be punished by
a scale of mandatory fines. Provides courts with the
discretion to require convicted individuals, as a condition
of their probation, to pick up litter at a time and place
within the court's jurisdiction for, at least, an eight
hour period [Public Resources Code Section 5008.7].
3) Declares that local governments can establish ordinances
to prohibit smoking in restaurants, health facilities,
entertainment venues, or indoor places of general assembly.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, a 1998 United States
Environmental Protection Agency statistic determined that
cigarette butts were the most frequently found piece of marine
debris item in the nation. Author also states, "According to
the California Department of Forestry (Cal-FIRE) (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."
Background. In 2003, Solana Beach in San Diego County was 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, the
counties of San Mateo and San Francisco along with the cities of
Carson, Davis, Huntington Beach, Los Angeles, Pasadena, and San
Diego have adopted ordinances that prohibit smoking in their
parks and local beaches.
Currently, the State Parks system prohibits smoking in certain
situations like specific guided walks, buildings, and trails.
Added smoking restrictions are imposed in places where high fire
dangers are most likely to occur.
Smoking debris . In 2005, the California Environmental
Protection Agency (CalEPA) issued a report titled
"Identification of Environmental Tobacco Smoke as a Toxic Air
Contaminant" that said "Secondhand smoke causes almost 50,000
deaths in adult nonsmokers in the United States each year,
including approximately 3,400 from lung cancer and 22,700-69,000
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from heart disease." Also, CigaretteLitter.Org, a nonprofit
educational organization dedicated to educating the public on
the importance of reducing cigarette litter in public places,
say that cigarette filters are made of cellulose acetate tow,
not cotton, and they can take decades to degrade.
CigaretteLitter.Org continues by citing, "Not only does
cigarette litter ruin even the most picturesque setting, but the
toxic residue in cigarette filters is damaging to the
environment, and littered butts cause numerous fires every year,
some of them fatal."
In Support . In support, the Sierra Club supports this bill
because, "Not only will your bill help keep our beaches and
parks as clean as possible and reduce exposure of our children
to second hand smoke , but it will help reduce the risk to
public safety and our park resources by reducing the risk of
fire."
Also in support, Surfrider Foundation lends their strong support
for this bill because " Not only are cigarette butts a major
cause of visual blight, which in turn threatens the economic
tourism value of our beaches and parks, but they are also
harmful to our natural environment because they are composed of
toxic chemicals and plastics." Surfrider Foundation further
states that, "Over 1.3 million cigarette butts were retrieved by
volunteers in one day at Coastal Cleanup Day in 2008, and an
estimated 4.5 trillion pieces of cigarette butt trash are
littered in our public trust areas every year."
Also speaking in favor of this bill, the California State
Firefighters Association says their support for this bill
"attempts to address the problem at the source by banning
smoking within California's State Park System."
Policy Consideration . With 25 communities statewide having
smoke-free beach policies and various cities and counties having
adopted smoke-free ordinances, would this bill undermine local
governments' authority to exercise and enforce their policies?
Related legislation . AB 188 (Vargas, Chapter 150, Statutes of
2001) prohibits smoking and the disposal of smoking related
waste within 25 feet of any playground or tot lot sandbox area.
A violation of this law is an infraction and is punishable by a
$250 fine for each incident.
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AB 1583 (Koretz, 2004 Legislative Session) would have prohibited
smoking at all state beaches, excluding parking lots and
non-sand campgrounds. Failed passage in the Senate on August
26, 2004.
AB 454 (Yee, 2004 Legislative Session) would have prohibited
smoking on state beaches except within 20 feet of a waste
receptacle. Held in the Senate Natural Resources and Water
Committee.
Double referral . This bill is double-referred to the Assembly
Water, Parks, and Wildlife Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
AFSCME
American Cancer Society
American Lung Association of California
California Chiropractic Association
California Medical Association
California State Firefighters' Association
City of Hermosa Beach
City of Huntington Beach
City of Long Beach
City of Sacramento
City of Visalia
Coalition for a Smoke-Free Long Beach
Environment California
Green California
Heal the Bay
Long Beach Firefighters
Lt. Governor John Garamendi
Sierra Club California
Surfrider Foundation
The Apex Group
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531