BILL ANALYSIS �
AB 206
Page 1
Date of Hearing: April 25, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 206 (Harkey) - As Amended: March 24, 2011
SUBJECT : Coastal resources: California Coastal Act of 1976:
development: fireworks displays
SUMMARY : Exempts a municipal fireworks display from the
California Coastal Act (Coastal Act) and the California
Environmental Quality Act (CEQA).
EXISTING LAW :
1)Requires a person planning to perform or undertake any
development in the coastal zone to obtain a coastal
development permit from the California Coastal Commission
(Commission) or local government enforcing a Local Coastal
Program.
2)Defines "development" as, among other things, the "discharge
or disposal of any dredged material or of any gaseous, liquid,
solid, or thermal waste" on land, or in or under water.
3)Provides that no coastal development permit shall be required
for any proposed development that the executive officer of the
Commission finds to be "a temporary event which does not have
any significant adverse impact upon coastal resources."
4)Requires state and local agencies, pursuant to CEQA, to
identify the significant environmental impacts of
discretionary projects and to avoid or mitigate those impacts,
if feasible.
5)Requires, pursuant to the federal Clean Water Act, the
operator of any point source that discharges pollutants into
waters of the United States to obtain a National Pollutant
Discharge Elimination System permit. This requirement is
administered by the California State Water Resources Control
Board and regional water quality control boards.
THIS BILL :
1)Provides that a municipal fireworks display is not within the
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meaning of "development" under the Costal Act and therefore
would not require a coastal development permit.
2)Provides that a municipal fireworks display is exempt from
CEQA.
3)Defines "municipal fireworks display" as a public display of
fireworks conducted, organized, or sponsored by a city or
county.
FISCAL EFFECT : Unknown
COMMENTS : The bill is in response to two court cases: Gualala
Festivals Committee v. California Coastal Com. (2010) 183 Cal.
App. 4th 60 and Coastal Envtl. Rights Found., Inc. v. City of
San Diego (Case No. 37-2010-00095062-CU-TT-CTL).
1)Gualala Festivals Committee v. California Coastal Com.
(Gualala).
In Gualala, the California Court of Appeal held that a fireworks
display that produces both solid and gaseous waste in the
coastal zone is a "development" under the plain language of the
Coastal Act and thus requires a coastal development permit.
In this case, the Commission required a coastal development
permit for a 2008 fireworks display sponsored by the Gualala
Festivals Committee (GFC) that was situated near the Gualala
River estuary and Gualala Point Island. The Commission asserted
that the fireworks display was a "development" under the Coastal
Act because fireworks debris falling within the coastal zone
constitutes a discharge of both solid and gaseous waste. The
Commission cited a 2006 report on fireworks displays prepared by
the National Oceanic and Atmospheric Administration, National
Marine Fisheries Service, and Monterey Bay National Marine
Sanctuary that analyzed how portions of certain firework devices
containing chemicals fall back to the ground or water during
displays.
The Commission did not invoke the "temporary event" exception
under the Coastal Act because it had evidence that the planned
fireworks display would have significant adverse impacts upon
coastal resources. Specifically, the Bureau of Land Management
and the federal Fish and Wildlife Service issued a report after
a similar fireworks display conducted by GFC in 2007. The
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report explained that the 2007 fireworks display caused a
visible effect on nesting seabirds on Gualala Point Island. A
significant number of these birds abandoned their nests as a
result of the fireworks display, leaving eggs and chicks behind
to die.
The author of the bill is concerned that the Gualala opinion
will threaten the ability of local municipalities along the
coast to provide fireworks displays to their communities and the
state.
The 2008 GFC fireworks display is the only fireworks related
event against which the Commission obtained a cease-and-desist
order. The Commission rarely asserts its authority over
fireworks displays. The Commission has worked cooperatively
with fireworks display organizers at Seacliff State Beach, Morro
Bay, and Sea World. In Gualala, the Commission asked GFC more
than a year before the planned 2008 event to file an application
for a coastal development permit. According to the Commission,
staff had hoped to work with GFC to avoid adverse effects on
nesting birds on Gualala Point Island by discussing options such
as a location change. GFC made no attempt to file a coastal
development permit application; instead, it simply notified the
Commission just a few months before the event that it intended
to proceed without a coastal development permit.
2) Coastal Envtl. Rights Found., Inc. v. City of San Diego
Coastal Envtl. Rights Found., Inc. v. City of San Diego is a
pending cases brought by an environmental law group against a
fireworks show at La Jolla Cove in San Diego. Among the claims
asserted in the complaint is a violation of the federal Clean
Water Act. According to the author, these type of lawsuits are
costly to the groups that run fireworks displays. The author
further explains that the San Diego Region of the California
Regional Water Quality Board (Regional Water Board) is currently
finalizing plans to restrict fireworks shows that they deem to
have an adverse effect on the environment. The bill does not
address the Regional Water Board's authority under the federal
Clean Water Act to regulate fireworks displays. As such, the
bill would not prevent the lawsuits referenced by the author.
REGISTERED SUPPORT / OPPOSITION :
Support
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Allegis Development Services
Blue Book Publishers, Inc.
City of Chula Vista
City of Dana Point
City of Huntington Beach
City of Imperial Beach
City of San Marcos
Coronado 4th of July, Inc.
Employers Council of Mendocino County
H&M Landing
Bill Horn, County of San Diego Supervisor, 5th District
Kipland Howard
La Jolla Community Works Foundation
League of California Cities
Manchester Grand Hyatt San Diego
Ocean Beach MainStreet Association
Orange County Board of Supervisors
Pier 32 Marina
Point Loma Marina
San Diego Cold Storage
San Diego Armed Services YMCA
San Diego Board of Port Commissioners
San Diego Marriott Marquis & Marina
San Diego Mooring Co.
San Diego Port Tenants Association
San Diego Refrigerated Services, Inc.
Sheraton San Diego Hotel & Marina
Starwood Hotels and Resort Metro Market of San Diego
The Waterfront Mega Yacht Basin
USS Midway Museum
Opposition
Audubon California
California Coastal Commission
California Coastal Protection Network
California Coastkeeper Alliance
California Native Plant Society
El Dorado Audubon, Long Beach
Endangered Habitats League
Environmental Action Committee of West Marin
Friend of the Gualala River
La Jolla Friends of the Seals
La Purisima Audubon Society
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Lakewood Accountability Action Group
Los Angeles Audubon Society
Madrone Audubon Society
Morro Coast Audubon Society
Planning and Conservation League
San Diego Coastkeeper
Sequoia Audubon Society
Sierra Club California
The Sea Ranch California Coastal National Monument Stewardship
Task Force
The Wildlands Conservancy
Ventura Audubon Society
Yolo Audubon Society (Yolo County)
40 Individuals
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092