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

California Assembly Bill 1102 (Prior Session Legislation)

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

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

BILL NUMBER: AB 1102	AMENDED
	BILL TEXT

	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 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:  
fire rings:  coastal development  permit: South Coast
Air Quality Management District.   permit. 

   (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 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) 
    (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  the application   a
city or 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 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.  
   (3) 
    (4)  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) 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) 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. 
   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
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. 3.   SEC. 4.   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.