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 ASSEMBLY  AUGUST 14, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly  Member   Grove
  Members   Allen   and Quirk-Silva

    (   Principal   coauthors:  
Assembly Members   Donnelly   and Mansoor 
 ) 
    (   Coauthors:   Assembly Members 
 Beth Gaines   and Hagman   ) 
    (   Coauthors:  Senators  
Nielsen,   Walters,   and Wyland   ) 

                        FEBRUARY 22, 2013

   An act to add Section  38572   40440.15 
to the Health and Safety Code, relating to  air resources.
  nonvehicular air pollution   . 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1102, as amended,  Grove   Allen  .
 Air resources: greenhouse gas emissions.  
South Coast Air Quality Management District: beach burning. 

   Existing law establishes the South Coast Air Quality Management
District vested with the authority to regulate air emissions from
stationary sources located in the South Coast Air Basin and
establishes a district board to govern the district. Existing
regulations of the district prohibit a person from engaging in a
recreational, ceremonial, or open burning conducted in a public
coastal area marked by an accumulation of sand, as specified. 

   This bill would prohibit the district from enacting a rule that
prohibits a person from engaging in a beach burning for a
recreational, ceremonial, or open burning conducted in a public
coastal area marked by an accumulation of sand.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the south coast district.
 
   The California Global Warming Solutions Act of 2006 authorizes the
State Air Resources Board, known as ARB, by regulation, to adopt a
market-based compliance mechanism to further the achievement of the
statewide greenhouse gas emissions limits.  
   This bill would require the ARB, if the ARB adopts a market-based
compliance mechanism that provides for the auctioning of greenhouse
gas allowances, to auction program allowances consigned by an
electrical corporation or a local publicly owned electric utility
before auctioning any other allowances. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.   The Legislature finds and declares all of the
following:
   (a) As the Legislature confirmed with Assembly Concurrent
Resolution 52 (Chapter 52 of the Statutes of 2013), beach bonfires
contained in fire rings should be allowed on all beaches in
California.
   (b) Beach bonfires are an inexpensive recreational activity and
are enjoyed by all the members of our community regardless of
socioeconomic class.
   (c) Fire rings are usually large cement rings in the sand used to
build your very own bonfire on the beach.
   (d) The California Coastal Commission staff report of October 22,
2012, stated, "Beach fire rings are a unique recreational facility
for which there is no substitution."
   (e) Amendments to Rule 444 by the South Coast Air Quality
Management District were voted on at a hearing on July 12, 2013, and
any actions by that vote on regulatory language and any subsequent
action resulting from it need to be nullified.
   SEC. 2.    Section 40440.15 is added to the 
 Health and Safety Code   , to read:  
   40440.15.  The south coast district shall not prohibit a person
from engaging in a beach burning for a recreational, ceremonial, or
open burning conducted in a public coastal area marked by an
accumulation of sand. 
   SEC. 3.    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 protect
visitor-generated revenues that are used to fund essential programs,
such as those for the protection of public safety and parks, within
the jurisdiction of the South Coast Air Quality Management District.
 
      
  SECTION 1.    Section 38572 is added to the Health
and Safety Code, to read:
   38572.  If the state board adopts a market-based compliance
mechanism pursuant to this part that provides for the auctioning of
greenhouse gas allowances, the state board shall auction program
allowances consigned by an electrical corporation or a local publicly
owned electric utility before auctioning any other allowances.