AB 1102,
as amended, Allen. begin deleteSouth Coast Air Quality Management District: beach burning: coastal development permit.end deletebegin insertBeach burning: coastal development permit: South Coast Air Quality Management District.end insert
(1) Existing law establishes the South Coast Air Quality Management District, vested with the authority to regulate air emissions from statutory sources located in the South Coast Air Basin, and establishes a district board to govern the district.
end insertbegin insertThis bill, retroactive to March 1, 2014, would make inoperative an open burning rule that restricts the use or location of a beach fire ring adopted by the south coast district until a public agency with jurisdiction over the area obtains and implements an approved coastal development permit, as specified. The bill would require the public agency to take all necessary steps to ensure that a coastal development permit is obtained and require the coastal development permit be obtained and implemented no more than 2 years after the enactment of the open burning rule.
end insertbegin insert(2) Existing law, the California Coastal Act of 1976, provides for the planning and regulation of a development and 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, retroactive to March 1, 2014, would subject the removing or restricting the use of a beach fire ring, as defined, to the requirements of the California Coastal Act and would require the application for a coastal development permit to remove or restrict the use of a beach fire ring to include specified information. By increasing the duties of local officials with respect to the California Coastal Act, the bill would impose a state-mandated local program.
end insertbegin insert(3) This bill would find and declare that these provisions relate to an issue of statewide concern and not a municipal affair, as specified.
end insertbegin insert(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the South Coast Air Quality Management District.
end insertbegin insert(5) 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 insert(1) Existing 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.
end deleteThis bill would prohibit the district from enacting a rule that regulates, prohibits, or restricts 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.
end delete(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 deleteThis 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 deleteThis bill would find and declare that these provisions are an issue of statewide concern and not a municipal affair, as specified.
end delete(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district.
end delete(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 deleteThis 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 deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 40440.9 is added to the end insertbegin insertHealth and Safety
2Codeend insertbegin insert, to read:end insert
(a) If the south coast district adopts an open burning
4rule that restricts the use or location of a beach fire ring, as defined
5by Section 30607.8 of the Public Resources Code, the rule shall
6not be operative in a particular area until the public agency with
7jurisdiction over that area obtains and implements an approved
8coastal development permit consistent with the California Coastal
9Act (Division 20 (commencing with Section 30000) of the Public
10Resources Code), including Section 30607.8 of the Public
11Resources Code.
12(b) The public agency with jurisdiction over the area shall take
13all necessary steps to ensure that an approved coastal development
P4 1permit is obtained and implemented in accordance with the
2California Coastal Act, including
Section 30607.8 of the Public
3Resources Code. The coastal development permit shall be obtained
4and implemented no more than two years after the enactment of
5the open burning rule adopted by the south coast district.
6(c) The provisions of this section shall be applied retroactively
7to March 1, 2014.
begin insertSection 30607.8 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
9to read:end insert
(a) Notwithstanding any other regulation or law,
11including Sections 30005 and 30414, removing or restricting the
12use of a beach fire ring shall be subject to the requirements of this
13division.
14(b) An application for a coastal development permit to remove
15or restrict the use of a beach fire ring shall include an analysis of
16alternatives and mitigation measures that would avoid or minimize
17the need to remove or restrict the use of a beach fire ring. The
18Legislature hereby declares that it is the state’s preference to avoid
19the net loss of beach fire rings within a city’s jurisdiction.
20(c) “Beach fire ring” means a device in which recreational or
21ceremonial burning occurs that
is located on a beach in the coastal
22zone.
23(d) The provisions of this section shall be applied retroactively
24to March 1, 2014.
begin insertThe Legislature finds and declares that the use of fire
26rings at public coastal areas is a matter of statewide concern and
27not a municipal affair, as that term is used in Section 5 of Article
28XI of the California Constitution. Therefore, Sections 2 and 3 of
29this act apply to a charter city or county.end insert
The Legislature finds and declares that a special law
31is necessary and that a general law cannot be made applicable
32within the meaning of Section 16 of Article IV of the California
33Constitution because of the need to ensure that public agencies
34within the jurisdiction of the South Coast Air Quality Management
35District are in compliance with applicable laws and regulations
36and to maximize and protect public access and public recreational
37opportunities available in areas within the jurisdiction of the South
38Coast Air Quality Management District.
If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P5 1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.
The Legislature finds and declares all of the
5following:
6(a) As the Legislature confirmed with Assembly Concurrent
7Resolution 52 (Chapter 52 of the Statutes of 2013), beach bonfires
8contained in fire rings should be allowed on all beaches in
9California.
10(b) Beach bonfires are an inexpensive recreational activity and
11are enjoyed by all the members of our community regardless of
12socioeconomic class.
13(c) Fire rings are usually large cement rings in the sand used to
14build your very own bonfire on the beach.
15(d) The California Coastal Commission
staff report of October
1622, 2012, stated, “Beach fire rings are a unique recreational facility
17for which there is no substitution.”
18(e) Amendments to Rule 444 by the South Coast Air Quality
19Management District were voted on at a hearing on July 12, 2013,
20and any actions by that vote on regulatory language and any
21subsequent action resulting from it need to be nullified.
Section 40440.15 is added to the Health and Safety
23Code, to read:
(a) The south coast district shall not regulate,
25prohibit, or restrict a person from engaging in a beach burning for
26a recreational, ceremonial, or open burning conducted in a public
27coastal area marked by an accumulation of sand.
28(b) (1) For purposes of this subdivision, the following terms
29have the following meanings:
30(A) “Development” includes fire rings.
31(B) “Fire ring” means a structure used for a recreational,
32ceremonial, or open burning conducted in a public coastal area.
33(2) Notwithstanding subdivision (b) of Section 30005 of the
34Public Resources Code, a local or regional authority located in the
35south coast district shall obtain a coastal development permit, as
36specified in Article 1 (commencing with Section 30600) of Chapter
377 of Division 20 of the Public Resources Code, in order to regulate,
38prohibit, or restrict the use of fire rings located in the south coast
39district as of January 1,
2015.
P6 1(3) A permit issued pursuant to paragraph (2) shall be appealable
2to the California Coastal Commission.
The Legislature finds and declares that the use of fire
4rings at public coastal areas is a matter of statewide concern and
5not a municipal affair, as that term is used in Section 5 of Article
6XI of the California Constitution. Therefore, subdivision (b) of
7Section 2 of this act applies to a charter city or county.
The Legislature finds and declares that a special law
9is necessary and that a general law cannot be made applicable
10within the meaning of Section 16 of Article IV of the California
11Constitution because of the need to protect visitor-generated
12revenues that are used to fund essential programs, such as those
13for the protection of public safety and parks, within the jurisdiction
14of the South Coast Air Quality Management District.
If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
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