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

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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  AUGUST 4, 2014
	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

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 30607.8 to the Public Resources Code,
relating to coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1102, as amended, Allen. Beach fire rings: coastal development
permit.
   (1) 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 a city or county  , including a
charter city or charter county,  to apply for a coastal
development permit to remove or restrict the use of a beach fire
ring, as defined, and would require that application to include
specified information. The bill would  declare that these
provisions do  not  override   affect
 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.
   (2) The bill would declare these provisions to be declaratory of
existing law. 
   (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) 
    (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 30607.8 is added to the Public Resources Code,
to read:
   30607.8.  (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
 , including a charter city or charter 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.
  SEC. 2.  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. 
  SEC. 3.    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. 
   SEC. 4.   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.