AB 1102,
as amended, Allen. South Coast Air Quality Management District: beachbegin delete burning.end deletebegin insert burning: coastal development permit.end insert
Existing
end deletebegin insert(1)end insertbegin insert end insertbegin insertExistingend insert law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. Existing regulations of the district prohibit a person from engaging in a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand, as specified.
This bill would prohibit the district from enacting a rule thatbegin insert regulates,end insert prohibitsbegin insert, or restrictsend insert a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand.
begin insert(2) Existing law requires any person undertaking development in the coastal zone to obtain a coastal development permit issued by the California Coastal Commission in accordance with prescribed procedures.
end insertbegin insertThis bill would require a local or regional authority located in the district to obtain a coastal development permit in order to regulate, prohibit, or restrict the use of fire rings, as defined. By imposing new duties on local governments, this bill would impose a state-mandated local program.
end insertbegin insertThis bill would find and declare that these provisions are an issue of statewide concern and not a municipal affair, as specified.
end insertThis
end deletebegin insert(3)end insertbegin insert end insertbegin insertThisend insert bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district.
begin insert(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) As the Legislature confirmed with Assembly Concurrent
4Resolution 52 (Chapter 52 of the Statutes of 2013), beach bonfires
5contained in fire rings should be allowed on all beaches in
6California.
7(b) Beach bonfires are an inexpensive recreational activity and
8are enjoyed by all the members of our community regardless of
9socioeconomic class.
10(c) Fire rings are usually large cement rings in the sand used to
11build your very own bonfire on the beach.
P3 1(d) The California Coastal Commission
staff report of October
222, 2012, stated, “Beach fire rings are a unique recreational facility
3for which there is no substitution.”
4(e) Amendments to Rule 444 by the South Coast Air Quality
5Management District were voted on at a hearing on July 12, 2013,
6and any actions by that vote on regulatory language and any
7subsequent action resulting from it need to be nullified.
Section 40440.15 is added to the Health and Safety
9Code, to read:
begin insert(a)end insertbegin insert end insert The south coast district shall notbegin insert regulate,end insert
11 prohibitbegin insert, or restrictend insert a person from engaging in a beach burning for
12a recreational, ceremonial, or open burning conducted in a public
13coastal area marked by an accumulation of sand.
14(b) (1) For purposes of this subdivision, the following terms
15have the following meanings:
16(A) “Development” includes fire rings.
end insertbegin insert
17(B) “Fire ring” means a structure used for a recreational,
18ceremonial, or open burning conducted in a public coastal area.
19(2) Notwithstanding subdivision (b) of Section 30005 of the
20Public Resources Code, a local or regional authority located in
21the south coast district shall obtain a coastal development permit,
22as specified in Article 1 (commencing with Section 30600) of
23Chapter 7 of Division 20 of the Public Resources Code, in order
24to regulate, prohibit, or restrict the use of fire rings located in the
25south coast district as of January 1,
2015.
26(3) A permit issued pursuant to paragraph (2) shall be
27appealable to the California Coastal Commission.
begin insertThe Legislature finds and declares that the use of fire
29rings at public coastal areas is a matter of statewide concern and
30not a municipal affair, as that term is used in Section 5 of Article
31XI of the California Constitution. Therefore, subdivision (b) of
32Section 2 of this act applies to a charter city or county.end insert
The Legislature finds and declares that a special law
35is necessary and that a general law cannot be made applicable
36within the meaning of Section 16 of Article IV of the California
37Constitution because of the need to protect visitor-generated
38revenues that are used to fund essential programs, such as those
39for the protection of public safety and parks, within the jurisdiction
40of the South Coast Air Quality Management District.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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