Bill Text: CA AB1102 | 2013-2014 | Regular Session | Amended
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 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 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 and Hagman)
(Coauthors: Senators Correa, Nielsen, Walters, and
Wyland)
FEBRUARY 22, 2013
An act to add Section 40440.15 40440.9
to the Health and Safety Code , and to add Section 30607.8
to the Public Resources Code , relating to
nonvehicular air pollution coastal resources .
LEGISLATIVE COUNSEL'S DIGEST
AB 1102, as amended, Allen. South Coast Air Quality
Management District: beach burning: coastal development permit.
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.
(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 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) 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.
(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.
(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: 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.
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) 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 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. 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.
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. 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.
