BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 973|
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THIRD READING
Bill No: SB 973
Author: Vargas (D), et al.
Amended: 5/2/12
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/23/12
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Environmental Quality Act exemption: limited
duration
events
SOURCE : San Diego Regional Chamber of Commerce
DIGEST : This bill allows a lead agency to grant an
annual firework display an exemption from the California
Environmental Quality Act (CEQA) subject to limitations.
This bill enables the Office of Planning and Research (OPR)
to evaluate issues related to firework displays and to
develop guidelines to assist local agencies in addressing
and mitigation impacts from these displays. This bill also
specifies it would not affect the resolution of an action
or proceeding filed before January 1, 2013.
ANALYSIS : CEQA requires a lead agency, as defined, to
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prepare, or cause to be prepared, and certify the
completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may
have a significant effect on the environment or to adopt a
negative declaration if it finds that the project will not
have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that
may have a significant effect on the environment if
revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the
project, as revised, would have a significant effect on the
environment. CEQA exempts certain specified projects from
its requirements.
This bill allows a lead agency to grant a CEQA exemption to
an annual firework display. A lead agency would be
restricted to offering one exemption per year for a
specific public site or venue. This bill also allows OPR
to evaluate issues related to firework displays and to
develop guidelines to assist local governments in
addressing and mitigating impacts of a firework display
event and developing ordinances for such events.
This bill will not affect the resolution of an action or
proceeding filed before January 1, 2013, alleging a public
agency is undertaking, or has granted approval for, a
fireworks display in violation of CEQA.
This bill also allows OPR to evaluate issues related to
events that include fireworks displays and identify
potential environmental issues relating to fireworks
displays, including air and water quality, debris, display
duration and timing, fire hazards, and wildlife. Based on
this evaluation, OPR may develop guidelines to assist local
agencies in both of the following: (1) addressing and
mitigating impacts at an event that includes fireworks
displays, and (2) developing ordinances for events that
include fireworks displays.
Background
San Diego litigation . San Diego requires a Parks Use
Permit, which is intended to be a ministerial permit, for
certain public facility events. The city's Special Events
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Permit for certain other organized activities is considered
a discretionary permit. CEQA applies to discretionary
projects. The Court held that a decision to issue a Park
Use Permit is not ministerial because the city's ordinance
gives the Park and Recreation Department leeway in
determining whether to issue the permit due to such factors
as congestion or interference with vehicular or pedestrian
traffic. The Court issued an order staying enforcement of
the order. San Diego has revised Park Use Permit and
Special Events Permit requirements so that the Park Use
Permit is ministerial, and a fireworks event is subject to
the Park Use Permit and not subject to the Special Events
Permit.
The Court has not issued a final judgment in the initial
Coastal Environmental Rights Foundation (CERF) case since
San Diego revised the Park Use Permit and Special Events
Permit requirements in response to the Court's proposed
order regarding the stay on enforcement of the judgment.
This initial case is referred to as "CERF I" because the
plaintiff subsequently challenged San Diego on the alleged
practice of not complying with CEQA for (1) the practice of
issuing Special Events permits ("CERF II"), (2) the first
set of permit ordinance amendments and the exception of
fireworks displays from the Special Events ordinance ("CERF
III"), and (3) the second set of ordinance amendments
relating to the Park Use Permit and setting capacity
thresholds for fireworks displays ("CERF IV").
Related Legislation
AB 206 (Harkey, 2011), which failed in the Assembly Natural
Resources Committee, would have exempted a municipal
fireworks display from the California Coastal Act of 1976
and CEQA. According to the Assembly Natural Resources
Committee analysis of AB 206, the Court of Appeal held that
a fireworks display in Gualala produces both solid and
gaseous waste in the coastal zone and is a "development"
under the Coastal Act, requiring a coastal development
permit. 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
committee analysis notes that "The Commission cited a 2006
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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."
According to the committee analysis, "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 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 analysis also
noted that 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, and has
worked cooperatively with fireworks display organizers at
Seacliff State Beach, Morro Bay, and Sea World. GFC made
no attempt to file a coastal development permit and simply
notified the Commission a few months before the event.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, there
would be a one-time cost pressure of approximately $50,000
to the General Fund for the evaluation of the impacts of
firework displays and the development of associated
guidelines.
SUPPORT : (Verified 4/23/12) (per Senate Environmental
Quality Committee analysis - unable to reverify at time of
writing)
San Diego Regional Chamber of Commerce (source)
American Council of Engineering Companies of California
Bay Area Council
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Brea Chamber of Commerce
California Alliance for Golf
California Chamber of Commerce
California Hotel & Lodging Association
California Outdoor Recreation Partners
California Park & Recreation Society
California State Club Association
California Travel Association
City of Folsom Parks & Recreation District Director Robert
Goss
City of Orangevale Recreation & Park District
City of San Diego
City of Vista
College Area Business District
County of San Diego
Donate Life California
Fireworks & Stage FX America
Indio Chamber of Commerce
Kern County Board of Supervisors
La Jolla Fireworks Foundation
Los Angeles Area Chamber of Commerce
Los Angeles County Economic Development Corporation Member
Lari Sheehan
North Bay Leadership Council
North Orange County Legislative Alliance
Ocean Beach Main Street Association Executive Director
Denny Knox
Orange County Business Council
Orangeville Recreation and Park District Administrator Greg
A. Foell
Rancho Simi Recreation and Park District Chair Kathleen
O'Brien
Roseville Mayor Pauline Roccucci
San Diego Armed Services YMCA Board of Management Member
Lari Sheehan
San Diego Regional EDC
San Francisco Chamber of Commerce
San Gabriel Valley Economic Partnership
San Jose Silicon Valley Chamber of Commerce
Sheraton San Diego Hotel & Marina General Manager Scott
Hermes
Signal Hill Mayor Larry Forester
Silicon Valley Leadership Group
Simi Valley Chamber of Commerce
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Solano Avenue Association
Southwest Riverside County Legislative Council
State Park Partners Coalition
Susan G. Komen for the Cure (seven California Affiliates)
OPPOSITION : (Verified 4/23/12) (per Senate
Environmental Quality Committee analysis - unable to
reverify at time of writing)
California League of Conservation Voters
California Coastal Protection Network
California Native Plant Society
Coastal Environmental Rights Foundation
Planning and Conservation League
Sierra Club California
ARGUMENTS IN SUPPORT : The bill's sponsor, San Diego
Regional Chamber of Commerce, is concerned about recent
litigation relating to the permitting of a Fourth of July
fireworks show at La Jolla Cove by the City of San Diego,
and is seeking a broad CEQA exemption for a "limited
duration event." According to the sponsor, "CEQA has been
subject to litigation from exploitive attorneys who seek to
distort CEQA's original intent, as seen in the May 2011
court case, Coastal Environmental Rights Foundation v. City
of San Diego. Recently, the Superior Court of California
ruled that temporary special event and park use permits
issued by the City of San Diego are subject to CEQA
review."
ARGUMENTS IN OPPOSITION : According to opponents that
note current exemptions under CEQA for events, "In the
rare, limited, and fact-specific situation in which a park
use or special event would cause irreparable damage to the
environment, CEQA review may be desirable. For example, a
fireworks show over a sensitive coastal zone, in which
water quality, air quality, human health, marine mammals,
and marine bird species would be greatly affected, should
require environmental analysis. Likewise, a city or county
may be interested in analyzing the environmental
consequences of a land-intensive off-road competition or
obstacle races. In short, SB 973 offers a statewide CEQA
exemption where a city or county case-by-case determination
is more appropriate."
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DLW:mw 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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