Existing law makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco product within 25 feet of a playground or tot lot sandbox area.

This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state beach, as defined, or in a unit of the state park system, as defined, except as provided, or to dispose of used cigar or cigarette waste on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle. The bill would establish a state-mandated local program by creating a new crime.

The bill would require the Department of Parks and Recreation to develop and post signs at strategic locations, as determined by the Director of Parks and Recreation, of state beaches and units of the state park system operated by the department to provide notice of the smoking prohibition. The bill would require an entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department to post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the smoking prohibition. The bill would require the smoking prohibition to be enforced at a state beach or unit of the state park system only after appropriate signs have been posted pursuant to these provisions.

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 no reimbursement is required by this act for a specified reason.

Existing law makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco product within 25 feet of a playground or tot lot sandbox area.

This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state coastal beach, as defined, or in a unit of the state park system, as defined, or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle. The bill would establish a state-mandated local program by creating a new crime.

The bill would require the Department of Parks and Recreation to develop and post signs at entrances or strategic locations, as determined by the Director of Parks and Recreation, of state coastal beaches and units of the state park system to provide notice of the smoking prohibition. The bill would require the smoking prohibition to be enforced only after signs have been posted.

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 no reimbursement is required by this act for a specified reason.

 UNFINISHED BUSINESS  

Bill No: SB 8

Author: Glazer (D), et al.

Amended: 9/6/19

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 3/12/19

AYES: Stern, Allen, Caballero, Hertzberg, Hueso, Jackson, Monning

NOES: Jones, Borgeas

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SENATE FLOOR: 28-10, 5/23/19

AYES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NOES: Bates, Borgeas, Chang, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

ASSEMBLY FLOOR: 59-17, 9/10/19 - See last page for vote

SUBJECT: State parks: state coastal beaches: smoking ban

SOURCE: Author

DIGEST:

This bill bans smoking in state parks and on state coastal beaches, subject to certain limitations.

Assembly Amendments

add a provision to allow smoking on paved roadways and parking facilities, remove the requirement that the California Department of Parks and Recreation to post signs in entrances in addition to strategic locations, and require entities operating state beaches and units of the state park system to post approved signs at strategic locations.

ANALYSIS:

Existing law:

1. Establishes the California Department of Parks and Recreation (State Parks) to administer and manage the California State Parks system, which consists of 280 state parks units and over 340 miles of coastline.
2. Allows State Parks to establish rules and regulations to govern and administer state park properties, so long as these rules and regulations are not inconsistent with the law. In this context:
   1. State Parks may prohibit smoking in certain locations or conditions, such as building interiors, trails, or on guided walks.
   2. State Parks may prohibit smoking in a state park upon a finding of extreme fire hazard.
   3. State Parks may prohibit littering in any unit of a state park.
3. Stipulates that a person convicted of violating State Parks’ littering rules be subject to a scale of mandatory fines, and gives courts the discretion to require convicted individuals, as a condition of their probation, to pick up litter at a time and place within the court’s jurisdiction for at least an eight hour period.
4. Makes it an infraction for a person, firm, or corporation to litter or cause something to be littered upon public or private property, punishable by a scale of mandatory fines and potential litter cleanup, at the discretion of the court.
5. Makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco product within 25 feet of specified playground areas.
6. Prohibits smoking inside a public building, in a state-owned vehicle, or in an outdoor area within 20 feet of a main entrance, exit, or window.
7. Allows cities and counties to adopt more restrictive ordinances prohibiting smoking, including at public parks and beaches. The Counties of Marin, San Mateo, and San Diego, and the Cities of Los Angeles, San Francisco, and Pasadena are just a few of more than 200 California counties and cities that have adopted smokefree park laws. A number of California colleges, including the University of California, have also prohibited smoking on campus.

This bill bans smoking in state parks and on state coastal beaches, subject to certain limitations. In particular, this bill:

1. Makes it an infraction for a person to smoke or dispose of smoking-related waste on a state coastal beach or in a unit of the state park system, where smoking is defined as inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic.
2. The smoking prohibition includes cigarettes, cigars, pipes, and electronic smoking devices that create an aerosol or vapor.
3. The prohibition does not apply to smoking devices that are used as props in a motion picture, television program, or similar filmed audiovisual work, provided that the filming has been properly permitted by the California Film Commission, the active film set is closed to the public, and any waste is immediately removed from the park.
4. The prohibition does not apply to smoking that is used in connection with the good faith practice of a religious belief or ceremony.
5. The prohibition does not apply to paved roadways or parking facilities.
6. The infraction is punishable by a fine of $25.
7. Requires State Parks to develop and post signs in easily seen locations, and to provide park visitors with notice of the smoking provision prior to enforcement.
8. Requires entities operating state beaches and units of the state park system to post approved signs in strategic locations prior to enforcement.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee:

1. One-time State Parks costs estimated to be approximately $1.12 million (GF) for the purchase and installation of signage. State Parks estimates 5,600 signs at a cost of $200 each (General Fund).
2. Estimated one-time State Parks costs of $700,000 for CEQA compliance and $228,000 for Coastal Commission permits (General Fund).
3. Minor Department of Justice costs (GF and Legal Services Revolving Fund) associated with enforcing the smoking ban.
4. Unknown potential revenue resulting from the imposition of fines.

SUPPORT: (Verified 9/9/19)

American Academy of Pediatrics, California

American Cancer Society Cancer Action Network

American Heart Association

American Lung Association in California

Association of California Healthcare Districts

BREATHE California

California Academy of Family Physicians

California Association of Professional Scientists

California Dental Association

California Fire Chiefs Association

California Optometric Association

California Park & Recreation Society

California Society of Addiction Medicine

California State Parks Foundation

Californians Against Waste

City of Huntington Beach

City of Santa Monica

County Health Executives Association of California

Fire Districts Association of California

Heal the Bay

Health Officers Association of California

Northern California Recycling Association

Plastic Pollution Coalition

RecycleSmart

Save Our Shores

Seventh Generation Advisors

Sierra Club California

Surfrider Foundation

The 5 Gyres Institute

The Center for Oceanic Awareness, Research, and Education

The Story of Stuff Project

Trust for Public Land

Upstream

Wishtoyo Chumash Foundation

Zero Waste USA

OPPOSITION: (Verified 9/9/19)

None received

ARGUMENTS IN SUPPORT: Supporters of this bill argue that it will help to address public health concerns and environmental impacts associated with smoking. According to the author, “Smoking kills more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined – and thousands more die from other tobacco-related causes – such as fires caused by smoking and smokeless tobacco use. In California, about 40,000 adults die each year from their own smoking and 441,000 kids now under 18 in California will ultimately die prematurely from smoking.

“Improperly discarded cigarette butts and cigarette-related waste also pollute the environment – in fact, at Surfrider beach cleanups, cigarette butts are the most common form of trash found (accounting for one in every five items collected) which in turn creates serious health hazards for land and marine animals when ingested. Even when not directly ingested by animals, the chemicals contained within cigarette butts can enter the water supply and be deadly to fish and marine life. Research conducted by the U.S. National Oceanic and Atmospheric Administration estimated that cigarette debris is responsible for killing at least one million sea birds and 100,000 mammals annually.”

The author continues that, “a recent study by Stanford University showed that a non-smoker standing downwind from a smoker outdoors can be exposed to substantial levels of toxic, second-hand cigarette smoke. Additionally, recent statewide polling conducted by the Lung Association shows strong support (71%) for policies that prohibit exposure to secondhand smoke in areas frequented by the public. Banning smoking at state parks is the next step in addressing the public health and safety concerns associated with smoking.”

ASSEMBLY FLOOR: 59-17, 9/10/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NOES: Bigelow, Boerner Horvath, Brough, Chen, Flora, Fong, Gallagher, Gray, Irwin, Kiley, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Voepel

NO VOTE RECORDED: Frazier, Kamlager-Dove, Waldron

Prepared by: Sydney Chamberlin / N.R. & W. / (916) 651-4116

9/10/19 22:03:00

**** END ****

SENATE THIRD READING

STR Bill Id:SB 8

Author:(Glazer)

As Amended Ver:September 6, 2019

Majority vote

SUMMARY:

This bill prohibits the smoking or disposing of used cigar or cigarette waste on a state beach or in a state park.

Major Provisions

1. Prohibits a person from smoking on a state coastal beach or in a unit of the state park system. The prohibition applies to cigars or cigarettes containing tobacco or any other weed or plant used as an alternative or supplement to tobacco or nicotine, and also includes electronic and vapor cigarettes. Exempts props used for filming and the use of tobacco products for the good-faith practice of religious belief or ceremony. Exempts parking lots and roadways from the smoking prohibition.
2. Prohibits a person from disposing of used cigar or cigarette waste on a state beach or in a state park unit.
3. Requires the Department of Parks and Recreation (State Parks), or any local operating entity, to post signs providing notice of the smoking prohibition. Provides that the smoking prohibition will be enforced only after signs have been posted.
4. Allows the director of State Parks to exempt areas within units of the park system from the smoking prohibition after considering public health and safety and potential fire risk.
5. Makes a violation of this bill an infraction, punishable by a fine of up to $25.

COMMENTS:

The purpose of this bill is to help address public health concerns and environmental impacts associated with smoking, including litter, toxins in cigarette butts ingested by wildlife, wildfires, and plastic litter from disposable liquid cartridges of e-cigarettes. State Parks currently prohibits smoking in state park buildings, on trails, on specific guided walks and during high fire seasons. The state park system includes 300 miles of state beaches and 280 state park units covering a total of 1.3 million acres.

According to the Author:

The consequences of smoking are immense. Smoking is the leading contributing factor to lung cancer and heart disease. According to the American Lung Association, tobacco still kills over 40,000 Californians every year, sickens thousands more and costs the state more than $28 billion in health care and lost productivity. While the adverse health effects of smoking and healthcare costs to the state are well known, the adverse impact that smoking has on the environment and resulting financial burden to the state is not. Containing more than 69 toxic chemicals, cigarette butts, though small in size, have a huge negative impact on the environment and ecosystem in California. These chemicals are known to cause cancer, and many are poisonous. Smoking kills more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined – and thousands more die from other tobacco-related causes – such as fires caused by smoking and smokeless tobacco use. This bill would prohibit the use of smoking products of any kind at a unit of the state park system and in turn would help to improve the overall health of Californians.

Arguments in Support:

Supporters say this bill will protect California public lands and wildlife from environmental hazards related to tobacco litter and visitors to those areas from exposure to secondhand smoke. They point out a ban on smoking in beaches and state parks eliminates or greatly reduces smoking-related fire risk, which saves money that would have been used to fight those fires. They say that much of the state will not require new signage because many local ordinances already prohibit smoking on beaches and/or park properties. Others in support argue the health impacts of smoking warrant the passage of this bill.

Arguments in Opposition:

None received

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. One-time State Parks costs estimated to be approximately $1.12 million (General Fund) for the purchase and installation of signage. State Parks estimates 5,600 signs at a cost of $200 each (General Fund). Estimated one-time State Parks costs of $700,000 for CEQA compliance and $228,000 for Coastal Commission permits (General Fund).
2. Minor Department of Justice costs (General Fund and Legal Services Revolving Fund) associated with enforcing the smoking ban.
3. Unknown potential revenue resulting from the imposition of fines.

VOTES:

SENATE FLOOR: 28-10-0

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NO: Bates, Borgeas, Chang, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

ASM WATER, PARKS, AND WILDLIFE: 10-3-0

YES: Eduardo Garcia, Choi, Chu, Friedman, Cristina Garcia, Gloria, Kalra, Levine, Blanca Rubio, Wood

NO: Gallagher, Bigelow, Salas

ASM APPROPRIATIONS: 14-4-0

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Fong, Obernolte

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0002110

SENATE THIRD READING

STR Bill Id:SB 8

Author:(Glazer)

As Introduced Ver:December 3, 2018

Majority vote

SUMMARY:

This bill prohibits the smoking or disposing of used cigar or cigarette waste on a state beach or in a state park.

Major Provisions

Specifically, this bill:

1. Prohibits a person from smoking on a state coastal beach or in a unit of the state park system. The prohibition applies to cigars or cigarettes containing tobacco or any other weed or plant used as an alternative or supplement to tobacco or nicotine, and also includes electronic and vapor cigarettes. Exempts props used for filming and the use of tobacco products for the good-faith practice of religious belief or ceremony.
2. Prohibits a person from disposing of used cigar or cigarette waste on a state coastal beach or in a state park unit.
3. Requires the Department of Parks and Recreation (State Parks) to post signs providing notice of the smoking prohibition. Provides that the smoking prohibition will be enforced only after signs have been posted.
4. Allows the director of State Parks to exempt areas within units of the park system from the smoking prohibition after considering public health and safety and potential fire risk.
5. Makes a violation of this bill an infraction, punishable by a fine of up to $25.

COMMENTS:

The purpose of this bill is to help address public health concerns and environmental impacts associated with smoking, including litter, toxins in cigarette butts ingested by wildlife, wildfires, and plastic litter from disposable liquid cartridges of e-cigarettes. State Parks currently prohibits smoking in state park buildings, on trails, on specific guided walks and during high fire seasons. The state park system includes 300 miles of state beaches and 280 state park units covering a total of 1.3 million acres.

According to the Author:

The consequences of smoking are immense. Smoking is the leading contributing factor to lung cancer and heart disease. According to the American Lung Association, tobacco still kills over 40,000 Californians every year, sickens thousands more and costs the state more than $28 billion in health care and lost productivity. While the adverse health effects of smoking and healthcare costs to the state are well known, the adverse impact that smoking has on the environment and resulting financial burden to the state is not. Containing more than 69 toxic chemicals, cigarette butts, though small in size, have a huge negative impact on the environment and ecosystem in California. These chemicals are known to cause cancer, and many are poisonous. Smoking kills more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined – and thousands more die from other tobacco-related causes – such as fires caused by smoking and smokeless tobacco use. This bill would prohibit the use of smoking products of any kind at a unit of the state park system and in turn would help to improve the overall health of Californians.

Arguments in Support:

Supporters say this bill will protect California public lands and wildlife from environmental hazards related to tobacco litter and visitors to those areas from exposure to secondhand smoke. They point out a ban on smoking in beaches and state parks eliminates or greatly reduces smoking-related fire risk, which saves money that would have been used to fight those fires. They say that much of the state will not require new signage because many local ordinances already prohibit smoking on beaches and/or park properties. Others in support argue the health impacts of smoking warrant the passage of this bill.

Arguments in Opposition:

None received

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. One-time State Parks costs estimated to be approximately $1.12 million (General Fund) for the purchase and installation of signage. State Parks estimates 5,600 signs at a cost of $200 each (General Fund). Estimated one-time State Parks costs of $700,000 for CEQA compliance and $228,000 for Coastal Commission permits (General Fund).
2. Minor Department of Justice costs (General Fund and Legal Services Revolving Fund) associated with enforcing the smoking ban.
3. Unknown potential revenue resulting from the imposition of fines.

VOTES:

SENATE FLOOR: 28-10-0

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NO: Bates, Borgeas, Chang, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

ASM WATER, PARKS, AND WILDLIFE: 10-3-0

YES: Eduardo Garcia, Choi, Chu, Friedman, Cristina Garcia, Gloria, Kalra, Levine, Blanca Rubio, Wood

NO: Gallagher, Bigelow, Salas

ASM APPROPRIATIONS: 14-4-0

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Fong, Obernolte

UPDATED:

VERSION: December 3, 2018

CONSULTANT: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0001601

Date of Hearing: June 26, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 8

Author:(Glazer) – As Introduced Ver:December 3, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill prohibits the smoking or disposing of used cigar or cigarette waste on a state beach or in a state park. Specifically, this bill:

1. Prohibits a person from smoking on a state coastal beach or in a unit of the state park system. The prohibition applies to cigars or cigarettes containing tobacco or any other weed or plant used as an alternative or supplement to tobacco or nicotine, and also includes electronic and vapor cigarettes. Exempts props used for filming and the use of tobacco products for the good-faith practice of religious belief or ceremony.
2. Prohibits a person from disposing of used cigar or cigarette waste on a state coastal beach or in a state park unit.
3. Requires the Department of Parks and Recreation (DPR) to post signs providing notice of the smoking prohibition. Provides that the smoking prohibition will be enforced only after signs have been posted.
4. Allows the director of DPR to exempt areas within units of the park system from the smoking prohibition after considering public health and safety and potential fire risk.
5. Makes a violation of this bill an infraction, punishable by a fine of up to $25.

FISCAL EFFECT:

1. One-time DPR costs estimated to be approximately $1.12 million (GF) for the purchase and installation of signage. DPR estimates 5,600 signs at a cost of $200 each (General Fund).
2. Estimated one-time DPR costs of $700,000 for CEQA compliance and $228,000 for Coastal Commission permits (General Fund).
3. Minor Department of Justice (DOJ) costs (GF and Legal Services Revolving Fund) associated with enforcing the smoking ban.
4. Unknown potential revenue resulting from the imposition of fines.

COMMENTS

1. Purpose. The purpose of this bill is to help address public health concerns and environmental impacts associated with smoking.
2. Background. DPR currently prohibits smoking in state park buildings, on trails, on specific guided walks and during high fire seasons. The state park system includes 300 miles of state beaches and 280 state park units covering a total of 1.3 million acres.
3. Prior and Related Legislation. AB 725 (Levine) and SB 386 (Glazer), of the 2017-2018 Legislative Session, were substantially similar to this bill. Both AB 725 and SB 386 were vetoed by Governor Brown. According to the Governor, “If people can’t smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.”

AB 1718 (Levine) is substantially similar to this bill; however, AB 1718 allows the director of DPR to exempt portions of the state parks system from the smoking prohibition, as specified.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: June 18, 2019

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

SBPCA Bill Id:SB 8

Author:(Glazer) – As Introduced Ver:December 3, 2018

SENATE VOTE: 28-10

SUBJECT: State parks: state coastal beaches: smoking ban

SUMMARY: Prohibits smoking or disposing of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system Specifically, this bill:

1. Prohibits a person from smoking on a state coastal beach or in a unit of the state park system.
2. Prohibits a person from disposing used cigar or cigarette waste on a state coastal beach or in a unit of the state park system.
3. Makes a violation of this bill’s provisions an infraction, punishable by a fine of up to $25.
4. Requires the Department of Parks and Recreation (DPR) to develop and post signs at the main entrances of state coastal beaches and state park units to provide notice of the smoking ban. Provides that the smoking prohibition shall be enforceable only after signs have been posted.
5. Defines “cigar” and “cigarette.” Defines “smoke” or “smoking” as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. The definition includes the use of an electronic smoking device, as defined.
6. Defines “state coastal beach” as an area owned by, operated by, or under the jurisdiction of DPR that adjoins the ocean, a bay, or an estuary.
7. Clarifies that restrictions on smoking do not apply to the use of a cigar, cigarette, or pipe, or other lighted or heated tobacco or plant product used as a prop in a motion picture, television program, or similar audiovisual work that is property permitted by the California Film Commission, nor the use of those products in connection with the good faith practice of a religious belief or ceremony.

EXISTING LAW:

1. Establishes the DPR within the California Natural Resources Agency.
2. Makes it an infraction to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or sandbox, punishable by a fine of $250 per incident.
3. Prohibits smoking inside a public building, in a state-owned vehicle, or in an outdoor area within 20 feet of a main entrance, exit, or window.
4. Allows cities, counties, and colleges to adopt more restrictive ordinances prohibiting smoking.
5. Requires the DPR to administer and protect state park properties for the use and enjoyment of the public. Prohibits smoking in state parks upon a finding of extreme fire hazard by the DPR, except as allowed in designated areas.
6. Authorizes the DPR to prohibit smoking in certain locations or under certain conditions, such as on specified guided walks, buildings, trails, and when fire danger is high.

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

Author’s Statement:

The consequences of smoking are immense. Smoking is the leading contributing factor to lung cancer and heart disease. According to the American Lung Association, tobacco still kills over 40,000 Californians every year, sickens thousands more and costs the state more than $28 billion in health care and lost productivity.

While the adverse health effects of smoking and healthcare costs to the state are well known, the adverse impact that smoking has on the environment and resulting financial burden to the state is not. Containing more than 69 toxic chemicals, cigarette butts, though small in size, have a huge negative impact on the environment and ecosystem in California. These chemicals are known to cause cancer, and many are poisonous.

Smoking kills more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined – and thousands more die from other tobacco-related causes – such as fires caused by smoking and smokeless tobacco use. This bill would prohibit the use of smoking products of any kind at a unit of the state park system and in turn would help to improve the overall health of Californians.

Background: Coastal Litter. Cigarette butts have been the most common type of trash found during coastal cleanup events for more than 30 years. The non-profit Ocean Conservancy, which sponsors the International Ocean Cleanup event, reports that during the group’s 2018 coastal cleanup, more than 2.4 million butts were picked up worldwide, topping food wrappers and plastic beverage bottles. The same event picked up 842,837 cigarette butts and related litter from coastlines in the United States and 198,814 from California, more than from any other state. As the incidence of smoking declines in the United States and in California, so does tobacco-related litter. The coastal cleanup event in 2008 picked up 1,492,092 pieces of tobacco-related trash in the United States and 370,529 pieces in California, a decrease of 43.5 percent nationally and 46.3 percent in California from 2008 to 2018.

Impact on the Environment. According to the U.S. Food and Drug Administration, more than 7,000 chemicals are contained in every puff of a cigarette including dozens of known carcinogens. Those chemicals remain in discarded cigarette butts and can accumulate in the environment. The butts are not bio-degradable and can harm wildlife that attempt to consume them. The United Nations’ World Health Organization (WHO) issued a report in 2017 that describes the chemicals in discarded butts as being acutely toxic to aquatic organisms. The report, Tobacco and Its Environmental Impact: An Overview, also referred to studies that show one in three smokers discards their tobacco trash on the ground. The report expressed concerns about the cost of cleaning up tobacco-related waste, which is not typically borne by the producers of tobacco products nor by users. Instead most clean-up of tobacco-related litter is left to citizen advocacy groups, local communities, and governments using taxpayer funding. In the report, WHO warned that the plastic disposable liquid cartridges of e-cigarettes may become the cigarette butt waste problem of the future.

Wildfires. Smoking was listed as the cause of four of the 25 worst wildfires in California between 1929 and 1999, though in recent years the number of smoking-caused wildfires has declined. Smoking was cited by the California Department of Forestry and Fire Protection (CAL FIRE) as a cause in one percent of wildfires from 2013 through 2018. While that figure is low relative to other causes, it still represents an average of 44 fires caused by smoking per year. Worldwide, smoking is a bigger fire threat. UC Davis epidemiologists reported in a study published in the August 2018 issue of Preventive Medicine that smoking causes an estimated 30 percent of fire deaths in the United States and 10 percent worldwide.

Health and Secondhand Smoke. According to the Centers for Disease Control, smoking is the leading cause of preventable death in the United States accounting for more than 480,000 deaths every year. Each year, exposure to secondhand smoke causes approximately 3,400 lung cancer deaths and up to 69,000 heart disease deaths among adult nonsmokers in the United States. According to the California Department of Public Health (CDPH), it is estimated that 40,000 Californians die each year from smoking and exposure to secondhand smoke. The U.S. Surgeon General has concluded there is no risk-free level of exposure to secondhand smoke and the California Air Resources Board has categorized secondhand smoke as a toxic air contaminant.

In California, adult cigarette smoking rates have declined by 55.7 percent between 1988 and 2015, according to the CDPH’s California Tobacco Facts and Figures: A Retrospective Look at 2017. With 10.5 percent of adults in California identified as smokers, the state has the second lowest adult smoking rate in the nation. However, as the most populous state in the nation, California has the greatest number of adult smokers, about 3.2 million people.

Municipal and Statewide Bans. Local municipalities are authorized to adopt stricter smoking laws than the state. In 2003, Solana Beach, CA, became the first city to adopt a smoke-free beach law in the continental United States, which it markets under the slogan, “Our beaches are not an ashtray.” Since then dozens of other California cities have passed similar municipal smoking bans in outdoor recreation areas, including beaches, as have hundreds of cities throughout the United States. Various versions of statewide bans exist in Maine, Oregon, and New Jersey. Specifically, Maine passed a smoking ban within 20 feet of a beach, playground, snack bar, group picnic shelter, and other areas within state parks and state historic sites. Oregon prohibits smoking on state park property but does not ban smoking on state beaches except in specified areas such as camping units. New Jersey passed legislation in 2018 that prohibits smoking at public parks, forests, and beaches, though local communities are given opt-out options where small smoking areas may be exempted from the ban.

Process for Citation. Concerns were raised in the policy committee hearing about the religious exemption—that rangers would not be able to enforce the provisions of the law. According to those concerned with this provision, “The field ranger would have no way to verify a personal ‘belief’ which is really a form of self-expression.” However, this exemption would likely not be adjudicated in the field but rather at the time the fine is contested. As with most citations, adjudication is conducted through the local court system—with administrative review conducted prior to a court hearing.

Prior and Related Legislation: SB 4 (Oropeza, 2010), AB 1142 (Bloom, 2013), SB 1333 (Block, 2016), AB 725 (Levine, 2017), SB 386 (Glazer, 2017), AB 1097 (Levine, 2018), SB 835 and SB 836 (Glazer, 2018) were substantially similar to this bill. SB 4 was enrolled but was vetoed by Governor Schwarzenegger. AB 1142 passed in the Assembly Water, Parks, and Wildlife Committee, but failed passage in the Assembly Governmental Organization Committee. SB 1333 was vetoed by Governor Brown as were SB 725, SB 386, AB 1097, SB 835, and SB 836.

In his veto message on SB 386, Governor Brown wrote, “Last year I vetoed Senate Bill 1333, a similar measure, because I believed that such a far-reaching prohibition in every state park and on every state beach was too broad. … If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.”

AB 1718 (Levine) of 2019 is currently in the Senate. It bans smoking and the disposal of tobacco-related waste on a state coastal beach or in a unit of the state park system.

Supporting Arguments: Supporters say the bill will protect California public lands and wildlife from environmental hazards related to tobacco litter and visitors to those areas from exposure to secondhand smoke. They point out a ban on smoking in beaches and state parks eliminates or greatly reduces smoking-related fire risk, which saves money that would have been used to fight those fires. They say that much of the state will not require new signage because many local ordinances already prohibit smoking on beaches and/or park properties. Others in support argue the health impacts of smoking warrant the passage of this bill.

REGISTERED SUPPORT / OPPOSITION:

Support

5 Gyres Institute, The
American Academy of Pediatrics, California
American Cancer Society Cancer Action Network Inc.
American Heart Association
American Lung Association in California
Association of California Healthcare Districts
BREATHE California
California Academy of Family Physicians
California Association of Professional Scientists
California Dental Association
California Fire Chiefs Association
California Optometric Association
California Park & Recreation Society
California Society of Addiction Medicine
California State Parks Foundation
Californians Against Waste
Center for Oceanic Awareness, Research, and Education; The
City of Santa Monica
County Health Executives Association of California
Fire Districts Association of California
Heal the Bay
Health Officers Association of California
Plastic Pollution Coalition
RecycleSmart
Save Our Shores
Seventh Generation Advisors
Sierra Club California
Story of Stuff Project, The
Surfrider Foundation
Trust for Public Land, The
Upstream
Wishtoyo Chumash Foundation
Zero Waste USA

Opposition

None on file

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096

 THIRD READING  

Bill No: SB 8

Author: Glazer (D), et al.

Introduced: 12/3/18

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 3/12/19

AYES: Stern, Allen, Caballero, Hertzberg, Hueso, Jackson, Monning

NOES: Jones, Borgeas

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SUBJECT: State parks: state coastal beaches: smoking ban

SOURCE: Author

DIGEST:

This bill bans smoking in state parks and on state coastal beaches, subject to certain limitations.

ANALYSIS:

Existing law:

1. Establishes the California Department of Parks and Recreation (State Parks) to administer and manage the California State Parks system, which consists of 280 state parks units and over 340 miles of coastline.
2. Allows State Parks to establish rules and regulations to govern and administer state park properties, so long as these rules and regulations are not inconsistent with the law. In this context:
   1. State Parks may prohibit smoking in certain locations or conditions, such as building interiors, trails, or on guided walks.
   2. State Parks may prohibit smoking in a state park upon a finding of extreme fire hazard.
   3. State Parks may prohibit littering in any unit of a state park.
3. Stipulates that a person convicted of violating State Parks’ littering rules be subject to a scale of mandatory fines, and gives courts the discretion to require convicted individuals, as a condition of their probation, to pick up litter at a time and place within the court’s jurisdiction for at least an eight hour period.
4. Makes it an infraction for a person, firm, or corporation to litter or cause something to be littered upon public or private property, punishable by a scale of mandatory fines and potential litter cleanup, at the discretion of the court.
5. Makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco product within 25 feet of specified playground areas.
6. Prohibits smoking inside a public building, in a state-owned vehicle, or in an outdoor area within 20 feet of a main entrance, exit, or window.
7. Allows cities and counties to adopt more restrictive ordinances prohibiting smoking, including at public parks and beaches. The Counties of Marin, San Mateo, and San Diego, and the Cities of Los Angeles, San Francisco, and Pasadena are just a few of more than 200 California counties and cities that have adopted smokefree park laws. A number of California colleges, including the University of California, have also prohibited smoking on campus.

This bill bans smoking in state parks and on state coastal beaches, subject to certain limitations. In particular, this bill:

1. Makes it an infraction for a person to smoke or dispose of smoking-related waste on a state coastal beach or in a unit of the state park system, where smoking is defined as inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic.
   1. The smoking prohibition includes cigarettes, cigars, pipes, and electronic smoking devices that create an aerosol or vapor.
   2. The prohibition does not apply to smoking devices that are used as props in a motion picture, television program, or similar filmed audiovisual work, provided that the filming has been properly permitted by the California Film Commission, the active film set is closed to the public, and any waste is immediately removed from the park.
   3. The prohibition does not apply to smoking that is used in connection with the good faith practice of a religious belief or ceremony.
   4. The infraction is punishable by a fine of $25.
2. Requires State Parks to develop and post signs in easily seen locations, and to provide park visitors with notice of the smoking provision prior to enforcement.

Background

Smoking has long been identified as a significant public health issue. Cigarette smoking has been associated with diseases of nearly all organs of the body, including cancer, cardiovascular disease, emphysema, chronic obstructive pulmonary disease, pneumonia, diabetes, and rheumatoid arthritis. Second-hand smoke is considered a human carcinogen, and exposure to second-hand smoke has been linked to cancer, cardiovascular disease, respiratory ailments, increased asthma severity, and to adverse effects on the health of infants and children.

Cigarette smoking in the United States has declined since the 1960s, but large disparities in tobacco use exist across different socioeconomic groups and geographic regions. Data from the California Department of Public Health indicate that smoking prevalence among Californian adults declined from 23.7% in 1988 to 11.4% in 2016. Although California has the second lowest smoking rate among all 50 states, it also has the largest number of adult smokers (3.2 million) due to its large population.

Over the past 15 years, the Legislature has seen a number of efforts aimed at prohibiting smoking in state parks and/or on state beaches. Many of the bills considered had identical or very similar language. AB 454 (Yee, 2004), AB 1583 (Koretz, 2004), SB 4 (Oropeza, 2010), AB 1142 (Bloom, 2013), SB 1333 (Block, 2016), SB 386 (Glazer, 2017), AB 725 (Levine, 2017), SB 835 (Glazer, 2018), SB 836 (Glazer, 2018) and AB 1097 (Levine, 2018) all failed to become law. Of these, SB 4 (Oropeza, 2010) was vetoed by Governor Schwarzenegger, while SB 1333 (Block, 2016), SB 386 (Glazer, 2017), AB 725 (Levine, 2017), SB 835 (Glazer, 2018), SB 836 (Glazer, 2018) and AB 1097 (Levine, 2018) were vetoed by Governor Brown.

Veto messages from both Governor Schwarzenegger and Governor Brown reflect concerns with governmental overreach. Governor Brown expressed additional concerns with the fine amounts proposed in the nearly identical SB 386 (Glazer, 2017) and AB 725 (Levine, 2017) bills, which were $100 and $50 for the infraction, respectively. Governor Brown’s veto message for SB 386 (Glazer, 2017) stated in part:

Last year I vetoed Senate Bill 1333, a similar measure, because I believed that such a far-reaching prohibition in every state park and on every state beach was too broad. In addition, the fine prescribed in this bill for lighting one cigarette is excessive: $485 dollars, after the mandatory assessments.

If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.

In the previous legislative year, Governor Brown also vetoed SB 835 (Glazer, 2018), SB 836 (Glazer, 2018), and AB 1097 (Levine, 2018), stating in his veto message that:

I have vetoed similar measures in each of the last two years. Third time is not always a charm. My opinion on the matter has not changed. We have many rules telling us what we can't do and these are wide open spaces.

Comments

Bill responds to previous veto messages. It is unclear whether the Newsom Administration will share the same concerns as previous administrations.

Enforcement may be a challenge. The scope of land contained in state parks and state beaches is large, and includes lakes and other bodies of water. Certain locations, such as the middle of a lake, may be difficult to monitor. Even on land, State Park’s rangers do not patrol all areas with the same frequency. Furthermore, it may be difficult for enforcing rangers to determine whether a situation warrants a religious exemption.

Cost of the infraction. Violating the law set forth by this bill would result in an infraction, punishable by a base fine of $25. However, it is worth noting that additional penalties and surcharges apply to base fines in California. The Uniform Bail and Penalty Schedule for 2018 indicates that an infraction with a base fine of $25 would result, after adding penalties and surcharges, in a total penalty or “total bail” of approximately $200.

Fines for littering. Existing law grants State Parks the authority to implement rules and regulations to govern state park properties, so long as they are not inconsistent with existing law. Current regulations adopted by State Parks prohibit littering, and state law stipulates that a violation of this regulation shall result in a fine ranging from a minimum of $100 to a maximum of $1000, depending on whether it is a first or subsequent violation.

Smoking prohibitions vs. littering prohibitions. As noted above, it is already illegal to litter in a state park or on a state beach. However, cigarette butts remain one of the most prolific items collected in clean-up efforts. Fines alone may not be a significant deterrent to littering smoking-waste, especially given the relative ease of disposing of small items unseen. However, the act of smoking is much more visible and likely to be noticed; confronting individuals who are smoking in a prohibited area may reduce at least some smoking-related litter.

Smoking bans may help to reduce smoking rates. A number of studies have connected clean air laws and/or smoking bans with increases in smoking cessation. The Centers for Disease Control and Prevention notes that “the implementation of smokefree laws and policies can increase cessation and reduce smoking prevalence among workers and the general population, and may also reduce smoking initiation among youth.”

Cigarette waste is a significant environmental pollution problem. Cigarette filters, composed of a type of plastic called cellulose acetate, will degrade with sun exposure but do not bio-degrade. As a result, cigarette butts accumulate in the environment. The impact of a single cigarette butt may be small, but 267 billion cigarettes are smoked in the United States each year. Many littered butts are carried as runoff from streets to drains, to rivers, and ultimately to beaches and the ocean, where they may be ingested by wildlife.

Health risks and benefits from e-cigarettes are not yet well understood. Some studies have suggested that the vapor from e-cigarettes contain fewer carcinogenic particles than the smoke from tobacco cigarettes. This concept has encouraged some to use e-cigarettes as smoking cessation aids. However, the number of studies comparing the relative risks of e-cigarettes and tobacco cigarettes are limited, and often produce contradictory or conflicting results. Even if less harmful than tobacco cigarettes, an increasing body of evidence indicates that e-cigarettes pose harm to users. Studies have shown that e-cigarette vapor contains at least ten chemicals on the Proposition 65 list of chemicals known to cause cancer, birth defects, or other reproductive harm, as well as volatile organic compounds and fine/ultrafine particles that lodge deep in lungs to cause harm.

Is cannabis use impacted? SB 8 defines cigarette and cigar to include “any other weed or plant as an alternative or supplement to tobacco or nicotine,” and smoking as “inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic.” Consequently, cannabis is included in the smoking ban.

Similar measures in other states. Maine has passed legislation prohibiting the smoking of tobacco and other substances in, on, or within 20 feet of a beach, playground, snack bar, group picnic shelter and other areas within state parks and state historic sites. Oregon regulations prohibit smoking tobacco products on state park property (but not beaches), with exemptions for certain areas such as personal camping units. In 2018, New Jersey passed legislation that prohibits smoking at public parks, forests, and beaches; local communities are given opt-out options through this legislation, in which small smoking areas may be exempted from the law.

Related/Prior Legislation

AB 1718 (Levine, 2019) establishes a smoking ban in state parks and on state coastal beaches. The bill has been referred to the Assembly Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

1. One-time General Fund costs of roughly $2,000,000 for State Parks to install signage at park units, including the costs associated with CEQA or Coastal Commission permits.
2. Unknown, potentially significant, annual costs to enforce violations and maintain signage (General Fund and various special funds).
3. Unknown, potentially significant, penalty revenue (General Fund and various special funds).

SUPPORT: (Verified 5/17/19)

American Academy of Pediatrics, California

American Cancer Society Cancer Action Network

American Heart Association

American Lung Association in California

Association of California Healthcare Districts

BREATHE California

California Association of Professional Scientists

California Dental Association

California Fire Chiefs Association

California Optometric Association

California Park & Recreation Society

California Society of Addiction Medicine

California State Parks Foundation

Californians Against Waste

City of Santa Monica

County Health Executives Association of California

Fire Districts Association of California

Health Officers Association of California

RecycleSmart

Sierra Club California

Trust for Public Land

OPPOSITION: (Verified 5/17/19)

None received

ARGUMENTS IN SUPPORT: Supporters of the bill argue that it will help to address public health concerns and environmental impacts associated with smoking. According to the author, “Smoking kills more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined – and thousands more die from other tobacco-related causes – such as fires caused by smoking and smokeless tobacco use. In California, about 40,000 adults die each year from their own smoking and 441,000 kids now under 18 in California will ultimately die prematurely from smoking.

“Improperly discarded cigarette butts and cigarette-related waste also pollute the environment – in fact, at Surfrider beach cleanups, cigarette butts are the most common form of trash found (accounting for one in every five items collected) which in turn creates serious health hazards for land and marine animals when ingested. Even when not directly ingested by animals, the chemicals contained within cigarette butts can enter the water supply and be deadly to fish and marine life. Research conducted by the U.S. National Oceanic and Atmospheric Administration estimated that cigarette debris is responsible for killing at least one million sea birds and 100,000 mammals annually.”

The author continues that, “a recent study by Stanford University showed that a non-smoker standing downwind from a smoker outdoors can be exposed to substantial levels of toxic, second-hand cigarette smoke. Additionally, recent statewide polling conducted by the Lung Association shows strong support (71%) for policies that prohibit exposure to secondhand smoke in areas frequented by the public. Banning smoking at state parks is the next step in addressing the public health and safety concerns associated with smoking.”

Prepared by: Sydney Chamberlin / N.R. & W. / (916) 651-4116

5/18/19 12:00:31

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 8 (Glazer) - State parks: state coastal beaches: smoking ban

Bill Summary:

This bill would prohibit smoking and/or disposing of cigar or cigarette waste in a state park unit or coastal beach operated by the Department of Parks and Recreation (DPR), and specifies that a violation is an infraction punishable by a fine up to $25.

Fiscal Impact:

• One-time General Fund costs of roughly $2,000,000 for DPR to install signage at park units, including the costs associated with CEQA or Coastal Commission permits.
• Unknown, potentially significant, annual costs to enforce violations and maintain signage (General Fund and various special funds).
• Unknown, potentially significant, penalty revenue (General Fund and various special funds).

Background:

DPR currently prohibits smoking in state park buildings, on trails, on specific guided walks, and during high fire seasons. The state park system includes 300 miles of state beaches and 280 state park units covering a total of 1.3 million acres. Existing law requires DPR to obtain relevant permits when installing signage or making other changes in environmentally or culturally sensitive areas, which applies to the vast majority of state parks.

Proposed Law:

This bill would implement a ban on smoking and disposing of tobacco products, as defined, within state parks and coastal beaches operated by DPR.

Specifically, this bill would:

• Prohibit a person from smoking or disposing of used cigar or cigarette waste at a unit of the state park system or at a coastal beaches operated by DPR.
• Establish that a violation of these prohibitions is an infraction with a fine of up to $25.
• Provide that the prohibition will not be enforced until DPR has developed and posted signs at entrances or strategic locations to provide notice of the smoking prohibition.

Related Legislation:

Over the past fifteen years, the Legislature has seen a number of efforts aimed at prohibiting smoking in state parks and/or on state beaches. Many of the bills considered had identical or very similar language as SB 8. Veto messages from both Governor Schwarzenegger and Governor Brown of similar bills reflect concerns with governmental overreach. For example, Governor Brown’s veto message for SB 386 (Glazer, 2017) stated in part:

“Last year I vetoed Senate Bill 1333, a similar measure, because I believed that such a far-reaching prohibition in every state park and on every state beach was too broad. In addition, the fine prescribed in this bill for lighting one cigarette is excessive: $485 dollars, after the mandatory assessments.

If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.”

In the previous legislative year, Governor Brown also vetoed nearly identical bills SB 835 (Glazer, 2018), SB 836 (Glazer, 2018), and AB 1097 (Levine, 2018), stating in his veto message that:

“I have vetoed similar measures in each of the last two years. Third time is not always a charm. My opinion on the matter has not changed. We have many rules telling us what we can't do and these are wide open spaces.”

AB 1718 (Levine) is a related active bill this session which would also establish a smoking ban in state parks and on state coastal beaches. This bill is currently in the Assembly Water, Parks and Wildlife Committee.

Staff Comments:

DPR estimates that a sign costs around $200 each for purchase and installation. Although this bill only requires signage at park entrances or strategic locations, DPR claims each of the 280 state parks and beaches would require approximately 20 signs in order to fairly and effectively enforce this smoking ban. Additionally, DPR states that state parks will require environmental review through CEQA and state beaches will require Coastal Commission permits to install signs. Staff notes that the bill does not specify a date by which the ban must be phased in. As such, implementation could occur over several years to minimize fiscal impacts. DPR states the department cannot comply with the signage requirements in this bill within existing resources, therefore this bill would have General Fund implications.

Staff also notes that enforcement costs may become significant over time. The scope of land contained in state parks and state beaches is large, and includes lakes and other bodies of water. Certain locations, such as the middle of a lake, may be difficult to monitor, and patrols to enforce this ban could be costly. Additionally, the Department of Justice estimates minor costs (General Fund and Legal Services Revolving Fund) associated with enforcing the smoking ban.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Henry Stern, Chair

2019 - 2020 Regular

Bill No: SB 8 Hearing Date: March 12, 2019

Subject: State parks: state coastal beaches: smoking ban

BACKGROUND AND EXISTING LAW

The California Department of Parks and Recreation (State Parks) was established in 1864 to administer and manage the California State Parks system, which consists of 280 state parks (or units) and over 340 miles of coastline. State Parks is tasked to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.

Existing law and regulation:

1. Allows State Parks to establish rules and regulations to govern and administer state park properties, so long as these rules and regulations are not inconsistent with the law. In this context:
   1. State Parks may prohibit smoking in certain locations or conditions, such as building interiors, trails, or on guided walks.
   2. State Parks may prohibit smoking in a state park upon a finding of extreme fire hazard.
   3. State Parks may prohibit littering in any unit of a state park.
2. Stipulates that a person convicted of violating State Parks’ littering rules be subject to a scale of mandatory fines, and gives courts the discretion to require convicted individuals, as a condition of their probation, to pick up litter at a time and place within the court’s jurisdiction for at least an eight hour period.
3. Makes it an infraction for a person, firm, or corporation to litter or cause something to be littered upon public or private property, punishable by a scale of mandatory fines and potential litter cleanup, at the discretion of the court.
4. Makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco product within 25 feet of specified playground areas.
5. Prohibits smoking inside a public building, in a state-owned vehicle, or in an outdoor area within 20 feet of a main entrance, exit, or window.
6. Allows cities and counties to adopt more restrictive ordinances prohibiting smoking, including at public parks and beaches. The Counties of Marin, San Mateo, and San Diego, and the Cities of Los Angeles, San Francisco, and Pasadena are just a few of more than 200 California counties and cities that have adopted smokefree park laws. A number of California colleges, including the University of California, have also prohibited smoking on campus.

Smoking has long been identified as a significant public health issue. Cigarette smoking has been associated with diseases of nearly all organs of the body, including cancer, cardiovascular disease, emphysema, chronic obstructive pulmonary disease, pneumonia, diabetes, and rheumatoid arthritis. Second-hand smoke is considered a human carcinogen, and exposure to second-hand smoke has been linked to cancer, cardiovascular disease, respiratory ailments, increased asthma severity, and to adverse effects on the health of infants and children.

Cigarette smoking in the United States has declined since the 1960s, but large disparities in tobacco use exist across different socioeconomic groups and geographic regions. Data from the California Department of Public Health (CDPH) indicate that smoking prevalence among Californian adults declined from 23.7% in 1988 to 11.4% in 2016. Although California has the second lowest smoking rate among all 50 states, it also has the largest number of adult smokers (3.2 million) due to its large population.

Over the past fifteen years, the Legislature has seen a number of efforts aimed at prohibiting smoking in state parks and/or on state beaches. Many of the bills considered had identical or very similar language. AB 454 (Yee, 2004), AB 1583 (Koretz, 2004), SB 4 (Oropeza, 2010), AB 1142 (Bloom, 2013), SB 1333 (Block, 2016), SB 386 (Glazer, 2017), AB 725 (Levine, 2017), SB 835 (Glazer, 2018), SB 836 (Glazer, 2018) and AB 1097 (Levine, 2018) all failed to become law. Of these, SB 4 (Oropeza, 2010) was vetoed by Governor Schwarzenegger, while SB 1333 (Block, 2016), SB 386 (Glazer, 2017), AB 725 (Levine, 2017), SB 835 (Glazer, 2018), SB 836 (Glazer, 2018) and AB 1097 (Levine, 2018) were vetoed by Governor Brown.

Veto messages from both Governor Schwarzenegger and Governor Brown reflect concerns with governmental overreach. Governor Brown expressed additional concerns with the fine amounts proposed in the nearly identical SB 386 (Glazer, 2017) and AB 725 (Levine, 2017) bills, which were $100 and $50 for the infraction, respectively. Governor Brown’s veto message for SB 386 (Glazer, 2017) stated in part:

“Last year I vetoed Senate Bill 1333, a similar measure, because I believed that such a far-reaching prohibition in every state park and on every state beach was too broad. In addition, the fine prescribed in this bill for lighting one cigarette is excessive: $485 dollars, after the mandatory assessments.

If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.”

In the previous legislative year, Governor Brown also vetoed SB 835 (Glazer, 2018), SB 836 (Glazer, 2018), and AB 1097 (Levine, 2018), stating in his veto message that:

“I have vetoed similar measures in each of the last two years. Third time is not always a charm. My opinion on the matter has not changed. We have many rules telling us what we can't do and these are wide open spaces.”

PROPOSED LAW

This bill would ban smoking in state parks and on state coastal beaches, subject to certain limitations. In particular:

1. This bill would make it an infraction for a person to smoke or dispose of smoking-related waste on a state coastal beach or in a unit of the state park system, where smoking is defined as inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic.
2. The smoking prohibition includes cigarettes, cigars, pipes, and electronic smoking devices that create an aerosol or vapor.
3. The prohibition does not apply to smoking devices that are used as props in a motion picture, television program, or similar filmed audiovisual work, provided that the filming has been properly permitted by the California Film Commission, the active film set is closed to the public, and any waste is immediately removed from the park.
4. The prohibition does not apply to smoking that is used in connection with the good faith practice of a religious belief or ceremony.
5. This bill requires State Parks to develop and post signs in easily seen locations, and to provide park visitors with notice of the smoking provision prior to enforcement.
6. The infraction would be punishable by a fine of $25.

ARGUMENTS IN SUPPORT

Supporters of the bill argue that it will help to address public health concerns and environmental impacts associated with smoking. According to the author, “[s]moking kills more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined – and thousands more die from other tobacco-related causes – such as fires caused by smoking and smokeless tobacco use. In California, about 40,000 adults die each year from their own smoking and 441,000 kids now under 18 in California will ultimately die prematurely from smoking.”

“Improperly discarded cigarette butts and cigarette-related waste also pollute the environment – in fact, at Surfrider beach cleanups, cigarette butts are the most common form of trash found (accounting for one in every five items collected) which in turn creates serious health hazards for land and marine animals when ingested. Even when not directly ingested by animals, the chemicals contained within cigarette butts can enter the water supply and be deadly to fish and marine life. Research conducted by the U.S. National Oceanic and Atmospheric Administration estimated that cigarette debris is responsible for killing at least one million sea birds and 100,000 mammals annually.”

The author continues that, “a recent study by Stanford University showed that a non-smoker standing downwind from a smoker outdoors can be exposed to substantial levels of toxic, second-hand cigarette smoke. Additionally, recent statewide polling conducted by the Lung Association shows strong support (71%) for policies that prohibit exposure to secondhand smoke in areas frequented by the public. Banning smoking at state parks is the next step in addressing the public health and safety concerns associated with smoking.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Bill responds to previous veto messages. It is unclear whether the Newsom Administration will share the same concerns as previous administrations. Should this bill pass the Committee, the Committee may wish to direct the author to include Committee staff in discussions with the Administration.

Enforcement may be a challenge. The scope of land contained in state parks and state beaches is large, and includes lakes and other bodies of water. Certain locations, such as the middle of a lake, may be difficult to monitor. Even on land, State Park’s rangers do not patrol all areas with the same frequency. Furthermore, it may be difficult for enforcing rangers to determine whether a situation warrants a religious exemption. The author may wish to consider whether additional direction to State Parks, including permits or permitting processes, would be helpful in enforcement, so long as they do not unduly burden religious expression. Although outside this Committee’s jurisdiction and likely to be more fully explored in Senate Appropriations, the author may also wish to consider identifying a funding source for enforcement.

Cost of the infraction. Violating the law set forth by this bill would result in an infraction, punishable by a base fine of $25. However, it is worth noting that additional penalties and surcharges apply to base fines in California. The Uniform Bail and Penalty Schedule for 2018 indicates that an infraction with a base fine of $25 would result, after adding penalties and surcharges, in a total penalty or “total bail” of approximately $200.

Fines for littering. Existing law grants State Parks the authority to implement rules and regulations to govern state park properties, so long as they are not inconsistent with existing law. Current regulations adopted by State Parks prohibit littering, and state law stipulates that a violation of this regulation shall result in a fine ranging from a minimum of $100 to a maximum of $1000, depending on whether it is a first or subsequent violation.

Smoking prohibitions vs. littering prohibitions. As noted above, it is already illegal to litter in a state park or on a state beach. However, cigarette butts remain one of the most prolific items collected in clean-up efforts. Fines alone may not be a significant deterrent to littering smoking-waste, especially given the relative ease of disposing of small items unseen. However, the act of smoking is much more visible and likely to be noticed; confronting individuals who are smoking in a prohibited area may reduce at least some smoking-related litter.

Smoking bans may help to reduce smoking rates. A number of studies have connected clean air laws and/or smoking bans with increases in smoking cessation. The Centers for Disease Control and Prevention (CDC) notes that “the implementation of smokefree laws and policies can increase cessation and reduce smoking prevalence among workers and the general population, and may also reduce smoking initiation among youth.”

Cigarette waste is a significant environmental pollution problem. Cigarette filters, composed of a type of plastic called cellulose acetate, will degrade with sun exposure but do not bio-degrade. As a result, cigarette butts accumulate in the environment. The impact of a single cigarette butt may be small, but 267 billion cigarettes are smoked in the United States each year. Many littered butts are carried as runoff from streets to drains, to rivers, and ultimately to beaches and the ocean, where they may be ingested by wildlife.

Health risks and benefits from e-cigarettes are not yet well understood. Some studies have suggested that the vapor from e-cigarettes contain fewer carcinogenic particles than the smoke from tobacco cigarettes. This concept has encouraged some to use e-cigarettes as smoking cessation aids. However, the number of studies comparing the relative risks of e-cigarettes and tobacco cigarettes are limited, and often produce contradictory or conflicting results. Even if less harmful than tobacco cigarettes, an increasing body of evidence indicates that e-cigarettes pose harm to users. Studies have shown that e-cigarette vapor contains at least ten chemicals on the Proposition 65 list of chemicals known to cause cancer, birth defects, or other reproductive harm, as well as volatile organic compounds and fine/ultrafine particles that lodge deep in lungs to cause harm.

Is cannabis use impacted? SB 8 defines cigarette and cigar to include “any other weed or plant as an alternative or supplement to tobacco or nicotine,” and smoking as “inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic.” Consequently, cannabis is included in the smoking ban.

Similar measures in other states. Maine has passed legislation prohibiting the smoking of tobacco and other substances in, on, or within 20 feet of a beach, playground, snack bar, group picnic shelter and other areas within state parks and state historic sites. Oregon regulations prohibit smoking tobacco products on state park property (but not beaches), with exemptions for certain areas such as personal camping units. In 2018, New Jersey passed legislation that prohibits smoking at public parks, forests, and beaches; local communities are given opt-out options through this legislation, in which small smoking areas may be exempted from the law.

Related active bill this session. AB 1718 (Levine) would establish a smoking ban in state parks and on state coastal beaches. This bill is pending referral in the Assembly.

SUPPORT

American Academy of Pediatrics, California

American Cancer Society Cancer Action Network

American Heart Association

American Lung Association in California

California Optometric Association

California Park & Recreation Society

California Society of Addiction Medicine

California State Parks Foundation

Californians Against Waste

City of Santa Monica

County Health Executives Association of California

Health Officers Association of California

Sierra Club California

Trust for Public Land

OPPOSITION

None Received

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