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Bill Text - AB -I 102 South Coast Air Quality Management District: beach burning: coasta... Page 2 of 2 TFi+s (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: f3eyes Local Program: aeyes 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: 40440.16. (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. (8) "Fire ring" means a structure used for a recreational, ceremonial, or open burning conducted in a public coastalarea. (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 I (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. 55D -6 http : //Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140AB 1102 &se... 1/14/2014