AB 1102, as amended, Allen. Beach burning: coastal development permit: South Coast Air Quality Management District.
(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.
This 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 deleteThis bill would require a public agency located in the south coast district that has jurisdiction over an area containing a beach fire ring, as defined, to comply with a rule adopted by the south coast district that restricts the use or location of a beach fire ring and the California Coastal Act. By increasing the duties of local officials with respect to the California Coastal Act, the bill would impose a state-mandated local program.
end 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.
This billbegin delete, 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 andend delete
would require the application for a coastal development permit to remove or restrict the use of a beach fire ringbegin insert, as defined,end insert to include specified information.begin delete By increasing the duties of local officials with respect to the California Coastal Act, the bill would impose a state-mandated local program.end delete
(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 delete(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 delete(5)
end deletebegin insert(3)end insert 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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 40440.9 is added to the Health and Safety
2Code, to read:
(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
14permit is obtained and implemented in accordance with the
15California Coastal Act, including
Section 30607.8 of the Public
16Resources Code. The coastal development permit shall be obtained
17and implemented no more than two years after the enactment of
18the open burning rule adopted by the south coast district.
19(c) The provisions of this section shall be applied retroactively
20to March 1, 2014.
begin insertSection 40440.9 is added to the end insertbegin insertHealth and Safety
22Codeend insertbegin insert, to read:end insert
(a) A public agency located in the south coast district
24that has jurisdiction over an area containing a beach fire ring
25shall comply with both of the following:
26(1) A rule adopted by the south coast district that restricts the
27use or location of a beach fire ring.
28(2) The California Coastal Act (Division 20 (commencing with
29Section 30000) of the Public Resources Code).
30(b) For purposes of this section, “beach fire ring” has the same
31meaning as in Section 30607.8 of the Public Resources Code.
Section 30607.8 is added to the Public Resources Code,
33to read:
(a) Notwithstanding any other regulation or law,
35including Sections 30005 and 30414, removing or restricting the
P4 1use of a beach fire ring shall be subject to the requirements of this
2division.
3(b)
begin insert(a)end insert An application for a coastal development permit
5to remove or restrict the use of a beach fire ring shall include an
6analysis of alternatives and mitigation measures that would avoid
7or minimize the need to remove or restrict the use of a beach fire
8ring.begin delete The Legislature hereby declares that it is the state’s preference
9to avoid the net loss of
beach fire rings within a city’s jurisdiction. end delete
11(c) “Beach
end delete
12begin insert(b)end insertbegin insert end insertbegin insertFor purposes of this section, “beachend insert fire ring” means a
13device in which recreational or ceremonial burning occurs that is
14located on a beach in the coastal zone.
15(d) The provisions of this section shall be applied retroactively
16to March 1, 2014.
The Legislature finds and declares that the use of fire
18rings at public coastal areas is a matter of statewide concern and
19not a municipal affair, as that term is used in Section 5 of Article
20XI of the California Constitution. Therefore, Sections 2 and 3 of
21this act apply to a charter city or county.
The Legislature finds and declares that a special law
23is necessary and that a general law cannot be made applicable
24within the meaning of Section 16 of Article IV of the California
25Constitution because of the need to ensure that public agencies
26within the jurisdiction of the South Coast Air Quality Management
27District are in compliance with applicable laws and regulations
28and to maximize and protect public access and public recreational
29opportunities available in areas within the jurisdiction of the South
30Coast Air Quality Management District.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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