Amended in Senate July 1, 2014

Amended in Senate June 10, 2014

Amended in Assembly January 17, 2014

Amended in Assembly January 6, 2014

Amended in Assembly August 14, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1102

Introduced by Assembly Members Allen and Quirk-Silva

(Principal coauthors: Assembly Members Donnelly and Mansoor)

(Coauthors: Assembly Members Beth Gaines, Gonzalez, and Hagman)

(Coauthors: Senators Correa, Nielsen, Walters, and Wyland)

February 22, 2013

An act begin delete to add Section 40440.9 to the Health and Safety Code, and end delete to add Section 30607.8 to the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 1102, as amended, Allen. Beach begin delete burning: end delete begin insert fire rings: end insert coastal development begin delete permit: South Coast Air Quality Management District. end delete begin insert permit. end insert

begin delete

(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 delete begin delete

This 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 delete begin delete

(2)

end delete

begin insert (1) end insert  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 bill would require begin delete the application end delete begin insert a city or county to apply end insert for a coastal development permit to remove or restrict the use of a beach fire ring, as defined, begin insert and would require that application end insert to include specified information. begin insert The bill would declare that these provisions do not override the applicability of a specified provision relating to ambient air quality standards, emission standards, or air pollution control programs or facilities established by the State Air Resources Board or an air pollution control or air quality management district. The bill would declare that these provisions do not prohibit the City of Newport Beach from distributing charcoal free of charge for use in a beach fire ring within 700 feet of a residence. 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

begin insert

(2) The bill would declare these provisions to be declaratory of existing law.

end insert begin 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 insert begin delete

(3)

end delete

begin insert (4) 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:

begin delete

SECTION 1.  

Section 40440.9 is added to the Health and Safety
Code, to read:

40440.9.  

(a) A public agency located in the south coast district
that has jurisdiction over an area containing a beach fire ring shall
comply with both of the following:

(1) A rule adopted by the south coast district that restricts the
use or location of a beach fire ring.

(2) The California Coastal Act (Division 20 (commencing with
Section 30000) of the Public Resources Code).

(b) For purposes of this section, “beach fire ring” has the same
meaning as in Section 30607.8 of the Public Resources Code.

end delete

begin delete

SEC. 2.  

Section 30607.8 is added to the Public Resources Code,
to read:

30607.8.  

(a) An application for a coastal development permit
to remove or restrict the use of a beach fire ring shall include an
analysis of alternatives and mitigation measures that would avoid
or minimize the need to remove or restrict the use of a beach fire
ring.

(b) For purposes of this section, “beach fire ring” means a device
in which recreational or ceremonial burning occurs that is located
on a beach in the coastal zone.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 30607.8 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 30607.8. end insert   

(a) For purposes of this section, “beach fire ring”
means a device in which recreational or ceremonial burning occurs
that is located on a beach in the coastal zone.

(b) Notwithstanding subdivision (b) of Section 30005, the
removal or restriction of the use of a beach fire ring by a city or
county shall be subject to the requirements of this division and
any other applicable regulatory requirements.

(c) (1) An application for a coastal development permit to
remove or restrict the use of a beach fire ring shall include an
analysis of alternatives and mitigation measures that would avoid
or minimize the need to remove or restrict the use of a beach fire
ring.

(2) An application for a coastal development permit submitted
pursuant to this section and that may be approved through a waiver
procedure shall not be unreasonably denied by the commission at
a public hearing. A decision on the application shall be expedited
to the maximum extent feasible.

(d) Nothing in this section affects the applicability of Section
30414.

(e) Nothing in this section prohibits the City of Newport Beach
from distributing charcoal free of charge for use in a beach fire
ring within 700 feet of a residence.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The addition of Section 30607.8 to the Public
Resources Code made by this act does not constitute a change in,
but is declaratory of, existing law and clarifies potential conflicting
interpretations.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The Legislature finds and declares that the removal
and restriction of the use of fire rings at coastal areas is a matter
of statewide concern and not a municipal affair, as that term is
used in Section 5 of Article XI of the California Constitution.
Therefore, Section 1 of this act shall apply to a charter city or
county. end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.