Bill Text: CA AB1102 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Beach fire rings: coastal development permit.

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1102 Detail]

Download: California-2013-AB1102-Amended.html

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BILL NUMBER: AB 1102	AMENDED
	BILL TEXT

	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

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 to add Section 40440.9 to the Health and Safety Code, and
to add Section 30607.8 to the Public Resources Code, relating to
coastal resources.



	LEGISLATIVE COUNSEL'S DIGEST


   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.  
   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. 
   (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 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  , as defined,
 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. 

   (3) This bill would find and declare that these provisions relate
to an issue of statewide concern and not a municipal affair, as
specified.  
   (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.  
   (5) 
    (3)  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 1.    Section 40440.9 is added to the
Health and Safety Code, to read:
   40440.9.  (a) If the south coast district adopts an open burning
rule that restricts the use or location of a beach fire ring, as
defined by Section 30607.8 of the Public Resources Code, the rule
shall not be operative in a particular area until the public agency
with jurisdiction over that area obtains and implements an approved
coastal development permit consistent with the California Coastal Act
(Division 20 (commencing with Section 30000) of the Public Resources
Code), including Section 30607.8 of the Public Resources Code.
   (b) The public agency with jurisdiction over the area shall take
all necessary steps to ensure that an approved coastal development
permit is obtained and implemented in accordance with the California
Coastal Act, including Section 30607.8 of the Public Resources Code.
The coastal development permit shall be obtained and implemented no
more than two years after the enactment of the open burning rule
adopted by the south coast district.
   (c) The provisions of this section shall be applied retroactively
to March 1, 2014. 
   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. 
  SEC. 2.  Section 30607.8 is added to the Public Resources Code, to
read: 
   30607.8.  (a) Notwithstanding any other regulation or law,
including Sections 30005 and 30414, removing or restricting the use
of a beach fire ring shall be subject to the requirements of this
division.
   (b) 
    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.  The Legislature hereby declares that
it is the state's preference to avoid the net loss of beach fire
rings within a city's jurisdiction.  
   (c) "Beach 
    (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. 
   (d) The provisions of this section shall be applied retroactively
to March 1, 2014.  
  SEC. 3.    The Legislature finds and declares that
the use of fire rings at public 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,
Sections 2 and 3 of this act apply to a charter city or county.
 
  SEC. 4.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the need to ensure that public
agencies within the jurisdiction of the South Coast Air Quality
Management District are in compliance with applicable laws and
regulations and to maximize and protect public access and public
recreational opportunities available in areas within the jurisdiction
of the South Coast Air Quality Management District. 
   SEC. 5.   SEC. 3.   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.