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  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 and Hagman)
   (Coauthors: Senators Nielsen, Walters, and Wyland)

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1102, as amended, Allen. South Coast Air Quality Management
District: beach  burning.   burning: coastal
development permit.  
   Existing 
    (1)     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
 regulates,  prohibits  , or restricts  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. 
   (2) Existing law 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 local or regional authority located in
the district to obtain a coastal development permit in order to
regulate, prohibit, or restrict the use of fire rings, as defined. By
imposing new duties on local governments, this bill would impose a
state-mandated local program.  
   This bill would find and declare that these provisions are an
issue of statewide concern and not a municipal affair, as specified.
 
   This 
    (3)     This  bill would make
legislative findings and declarations as to the necessity of a
special statute for the south coast district. 
   (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:  no
  yes  . State-mandated local program:  no
  yes  .


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.   (a)    The south coast district
shall not  regulate,  prohibit  , or restrict  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. 
   (b) (1) For purposes of this subdivision, the following terms have
the following meanings:  
   (A) "Development" includes fire rings.  
   (B) "Fire ring" means a structure used for a recreational,
ceremonial, or open burning conducted in a public coastal area. 

   (2) Notwithstanding subdivision (b) of Section 30005 of the Public
Resources Code, a local or regional authority located in the south
coast district shall obtain a coastal development permit, as
specified in Article 1 (commencing with Section 30600) of Chapter 7
of Division 20 of the Public Resources Code, in order to regulate,
prohibit, or restrict the use of fire rings located in the south
coast district as of January 1, 2015.  
   (3) A permit issued pursuant to paragraph (2) shall be appealable
to the California Coastal Commission. 
   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,
subdivision (b) of Section 2 of this act applies to a charter city or
county. 
   SEC. 3.   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
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.
   SEC. 5.    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.