BILL ANALYSIS �
AB 1102
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Date of Hearing: January 23, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1102 (Allen) - As Amended: January 17, 2014
Policy Committee: Natural
ResourcesVote:7-0
Urgency: State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill delays open burning rules restricting the use or
location of a beach fire ring until an approved coastal
development permit (CDP) is implemented. Specifically, this
bill:
1)Delays any rule adopted by the Southern California Air Quality
Management District (SCAQMD) on open burning that restricts
the use or location of a beach fire ring until the public
agency with jurisdiction over that area obtains and implements
an approved CDP consistent with the Coastal Act.
2)Requires the affected public agency to obtain the CDP no more
than two years after the enactment of the open burning rule
adopted by SCAQMD.
3)Requires restrictions on beach fire rings to be subject to the
provisions of this bill, notwithstanding any law or
regulation, including:
a) Existing law providing the State Air Resources Board
(ARB) and air pollution control districts are the principal
public agencies responsible for the establishment of
ambient air quality, and prohibiting the coastal commission
or any local government from modifying any ambient air
quality standard, emission standard, or air pollution
control program established by the state or regional air
boards.
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b) Existing law declaring that the Coastal Act does not
limit the power of any city or county to declare, prohibit,
and abate nuisance.
1)Defines a beach fire ring as a device in which recreational or
ceremonial burning occurs that is located on a beach in the
coastal zone.
2)Applies the provisions of the bill retroactively to March 1,
2014.
FISCAL EFFECT
1)Unknown increased costs to the state for reimbursing local
governments mandated to obtain a CDP prior to complying with
Rule 444 likely in the range of several hundred thousand
dollars.
2)Unknown additional costs to the Commission for CDP approval
for activities including burning restrictions based on poor
air quality conditions.
COMMENTS
1)Purpose. The author introduced this bill following a series
of state and local actions and ultimately the limitation
adopted by the SCAQMD on fire rings located in the beach areas
of Los Angeles and Orange Counties. This bill protects fire
rings as affordable recreation and the local revenues
resulting from beach visits.
2)The City of Newport Beach. There are approximately 765 beach
fire rings in Los Angeles and Orange counties with the
overwhelming majority along the Orange County Coastline.
After three years of study and debate, the city council of
Newport Beach voted unanimously in March of 2912 to direct
staff to remove 60 fire rings at Big Corona and Balboa Pier
areas. Staff reports highlighted the health impacts breathing
of smoke and particulate matter as well as the safety issues
when hot ash is not properly distinguished.
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In October 2012, Newport Beach filed an application with the
Commission for a CDP to remove all fire rings from the city's
beaches (33 fire rings near Balboa Pier and 27 on a segment of
Big Corona.) The Commission noticed the request for its
March 2013 hearing but postponed the matter until a pending
action on the SCAQMD related to beach fires was adopted.
Although the Commission did not take action, the staff report
recommended denial of the permits due to reduced public access
to low cost recreation and potential increased demand for fire
rings in other coastal locations.
3)SCAQMD Rule 444. Prior to July 2013, the SCAQMD's regulation
on open burning (Rule 444) excluded recreational fire or
ceremonial fires and the burning of untreated wood for
generating warmth at a social gathering. After originally
proposing a total ban on beach burning, SCAQMD instead
approved amending Rule 444 effective March 1, 2014 to
prohibit beach burning unless:
a) Particulate matter 2.5 air quality index value of 100 or
less has been forecast for the coastal source receptor
area, and
b) Beach burning occurs in devices that are at least 700
feet from the nearest residence
c) Beach burning occurs in devices that are at least 100
feet apart from one another or 50 feet apart from one
another if ther are no more than 15 devices per contiguous
beach area within city boundaries.
The amendment to rule 444 further provides that a state or
local authority may not provide beach burning devices if a
city or county has declared the devices to cause a nuisance
due to wood and smoke exposure.
This bill may be interpreted to require a local jurisdiction
to obtain a CDP to restrict beach burning on days in which
particulate matter reach unhealthy levels.
1)Revised Newport Beach Proposal. In response to the SCAQMD's
revised Rule 444, Newport Beach developed a proposal to space
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the existing wood-fueled rings at a minimum of 50 feet from
each other while retaining the same overall footprint within
which the existing 60 fire rings are located. Implementation
of this proposal would mean that only 27 fire rings would be
retained and 33 would be removed. To replace some or most of
the visitor-serving value of the removed 33 fire rings, the
City would participate in the SCAQMD's low-emission fire rings
demonstration project.
Both the SCAQMD and Commission openly expressed their concerns
with this proposal. On several occasions, SCAQMD staff
explained to the city that it must space fire rings at least
100 feet from each other (not 50 feet). In a letter from the
SCAQMD's executive officer to the city manager, the executive
officer stated in unequivocal terms that if the City proceeds
with the 50 foot spacing plan, it will be in violation of Rule
444. Commission staff also sent a letter expressing its
preference for no net loss in the number of fire rings on the
city's beaches.
2)Pending Litigation . In November of 2013, Friends of the Fire
Rings, a California-based non-profit organization, filed suit
in Superior Court of Orange County against SCAQMD seeking the
invalidation of portions of Rule 444 that apply to beach
fires.
3)Notwithstanding Any Law or Regulation . This bill contains a
very broad provision that sets aside any law or regulation,
expressly including duties of ARB and regional boards as well
local authorities and limitations on the Coastal Act. It is
unclear what is intended by this provision, however, it could
lead to confusion in the promulgation of state and local
public health and safety rules.
Analysis Prepared by : Jennifer Galehouse / > / (916) 319-2081
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