BILL ANALYSIS
SB 4
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Date of Hearing: July 7, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 4 (Oropeza) - As Amended: June 18, 2009
SENATE VOTE : 21-14
SUBJECT : State beaches and parks: Smoking Ban
SUMMARY : Makes it an infraction to smoke on a state beach or
other state park unit. Specifically, this bill :
1)Prohibits a person from smoking on a state coastal beach or
other unit of the state park system (not including a parking
lot).
2)Makes a violation of this bill punishable as an infraction,
subject to a fine of $100.
3)Authorizes the Department of Parks & Recreation (DPR) to post
signs providing notice of the smoking prohibition. Prohibits
enforcement of the prohibition until signs have been posted
alerting the public of the prohibition, except that warnings
may be given before signs have been posted.
EXISTING LAW :
1)Makes it an infraction for a person to smoke within 25 feet of
a playground or sandbox area.
2)Prohibits smoking inside a public building, or in an outdoor
area within 20 feet of a main exit, entrance or window of a
public building, or in a state-owned passenger vehicle.
Authorizes a person to smoke in any other outdoor area of a
public building unless otherwise prohibited by state law or
local ordinance, and a sign describing the prohibition is
posted.
3)Allows cities, counties and colleges to adopt more restrictive
ordinances prohibiting smoking.
4)Requires DPR to administer and protect state park properties
for the use and enjoyment of the public. Prohibits smoking in
state parks upon a finding of extreme fire hazard by DPR,
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except as allowed in designated areas.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill seeks to reduce litter, reduce exposure to
second hand smoke and increase fire safety. According to
background information provided by the author, the United States
Environmental Protection Agency (EPA) has determined that
cigarette butts are the most frequently found marine debris item
in the United States. The author further notes that according to
the California Department of Forestry (CDF), smoking has been
found to be the cause of more than 100 CDF fires and more than
3,400 acres of damages annually. The author notes that this
bill is needed to protect California state parks and beaches.
A five year national study conducted by the Ocean Conservancy
from 2001 through 2006 and funded by the EPA, known as the
National Marine Debris Monitoring Program Report (2007) found
that the most dominant land-based items of debris collected were
straws, balloons and metal beverage cans. The leading
ocean-based items of debris were pieces of rope, clumps of
fishing line, and floats and buoys. However, a similar study
conducted by the Ocean Conservancy in 2005 on coastal cleanups
found cigarette butts were the number one most common debris
item, representing 31.4% of the total debris collected. Other
studies have found that the non-biodegradable plastic in
cigarette butt filters can be toxic when consumed by marine
wildlife. Toxic chemicals leached from discarded cigarette
butts were also found to present a biohazard to water fleas,
which play an important role in aquatic ecosystems by
transferring energy and organic matter from primary producers
such as algae to higher consumers such as fishes. The Ocean
Protection Council's Implementation Strategy on Marine Debris
recommends that smoking be prohibited on state beaches.
Prior Legislation : Prior proposals similar to this measure
include SB 4 (Oropeza) of 2007 and SB 1418 (Oropeza) of 2008,
both of which were held in the Senate policy committee, and AB
1583 (Koretz) and AB 454 (Yee) both of 2004, which were also
held in the Senate.
Arguments in Support : Supporters assert this bill will help
keep the state's beaches and parks clean, reduce exposure of
children to second hand smoke, and reduce the risk to public
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safety and state parks from fire risk. The Sierra Club notes
that at every coastal clean-up day large amounts of cigarette
butts are found on state beaches, and cites estimates that
cigarette butts may account for as much as 38% of the litter on
state beaches. The Surfrider Foundation points to the negative
economic impact on tourism resulting from the visual blight of
cigarette butts, and also notes that cigarette butts contain
materials toxic to the environment, including a type of plastic
(cellulose acetate) which slowly breaks down but never fully
decomposes. According to Surfrider, over 1.3 million cigarette
butts were retrieved by volunteers in one day during the annual
Coastal Cleanup Day in 2008. The American Cancer Society notes
that contrary to popular belief, second hand smoke does not
disperse in outdoor air but hangs in the air where it can be
breathed. The American Lung Association also notes that
secondhand smoke is a known carcinogen and has been listed by
the California Air Resources Board as a toxic air contaminant.
A number of cities supporting the bill have adopted similar
local ordinances banning smoking at city beaches and parks.
Several firefighter organizations support this bill in
particular because it will help prevent wildfires.
Arguments in Opposition : Commonwealth Brands, the fourth
largest tobacco manufacturer in the United States, opposes this
bill, and argues that a ban on smoking at beaches and parks is
disproportionate and an unnecessary infringement on the
freedoms and rights of smokers.
The Department of Parks and Recreation also opposes this bill,
primarily based on the cost pressure to the Department to
provide signage and community outreach, and the challenges of
enforcement. The Department notes that it currently prohibits
smoking in state park buildings, on trails, on specific guided
walks, and during high fire seasons. The Department is
concerned that posting of signs would be necessary at all access
points to state parks, which includes approximately 300 miles of
beach and coastal property and 279 state park units throughout
the state, for a total of 1.3 million acres. The Department
asserts that it will be infeasible and cost prohibitive to post
signs everywhere, thus enforcement will be uneven, unfair and
ineffective. Finally, the Department argues this bill will
produce significant cost pressure on the Department, and since
no funding source is identified, will have General Fund
implications.
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Policy issues for the committee : This bill prohibits smoking in
all state parks and state beaches, excluding parking lots.
Smoking would thus be prohibited in all campgrounds and picnic
areas, and on all trails and beaches. The committee may wish to
consider whether this measure is overly broad in imposing a
complete ban on smoking in all areas of state parks (outside
parking lots), including areas where it may be infeasible for
DPR to enforce the ban, and particularly in light of the current
cost pressures on state parks. As an alternative approach, the
committee and author may wish to consider expanding DPR's
authority to ban smoking in any areas of state parks where DPR
determines such a ban is warranted and feasible.
REGISTERED SUPPORT / OPPOSITION :
Support
AFSCME, AFL-CIO
American Cancer Society, California Division
American Lung Association
California Association of Harbor Masters and Port Captains
California Marine Parks and Harbors Association
California Chiropractic Association
California Medical Association
California State Firefighter's Association, Inc.
California Yacht Brokers Association
City of Hermosa Beach
City of Huntington Beach
City of Long Beach
City of Sacramento
Coalition for a Smoke-Free Long Beach
Lieutenant Governor John Garamendi
Long Beach Firefighters, Local 372
Marina Recreation Association
Northern California Marine Association
Sierra Club California
Surfrider Foundation
Western Boaters Safety Group
Opposition
Commonwealth Brands
Department of Parks & Recreation
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096