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AB-1097 State beaches and parks: smoking ban.(2017-2018)

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Date Published: 01/03/2018 02:22 PM
AB1097:v98#DOCUMENT

Revised  January 18, 2018
Amended  IN  Assembly  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1097


Introduced by Assembly Member Levine
(Principal coauthor: Senator Glazer)
(Coauthor: Assembly Member Gonzalez Fletcher)

February 17, 2017


An act to amend Section 1932 of the Fish and Game add Section 5008.9 to the Public Resources Code, relating to fish and wildlife. state beaches and parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 1097, as amended, Levine. Department of Fish and Wildlife: Significant Natural Areas Program. State beaches and parks: smoking ban.
Existing law makes it an infraction 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 for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system, with certain exceptions, as specifically provided. The bill would establish a state-mandated local program by creating a new crime.
This bill would require the Department of Parks and Recreation to develop and post signs at 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 bill would authorize the Director of Parks and Recreation to designate, by posted order, areas within units of the state park system as exempt from 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 requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, as part of its administration of the program, to maintain, expand, and keep current a data management system, designated the California Natural Diversity Database. Existing law requires that data to be made available to interested parties on request.

This bill would instead require that data to be made available on the department’s Internet Web site.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5008.9 is added to the Public Resources Code, to read:

5008.9.
 (a) For purposes of this section, the following definitions apply:
(1) “Cigar” has the same meaning as defined in Section 104550 of the Health and Safety Code and, for purposes of this section, may contain any other weed or plant as an alternative or supplement to tobacco or nicotine.
(2) “Cigarette” has the same meaning as defined in Section 104556 of the Health and Safety Code and, for purposes of this section, may contain any other weed or plant as an alternative or supplement to tobacco or nicotine.
(3) “Smoke” or “smoking” means 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. “Smoke” or “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing a prohibition on smoking. “Smoke” or “smoking” does not include either of the following:
(A) The use of a cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product used as a prop in a motion picture, television program, or similar filmed audiovisual work, provided filming is properly permitted by the California Film Commission, the active film set is closed to the general public, and any waste is immediately removed from the beach or park.
(B) The use of a cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product used for ceremonial purposes by a federally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(4) “State coastal beach” means an area that is owned, operated, or under the jurisdiction of the state, an agency of the state, or a department of the state and that adjoins the ocean, a bay, or an estuary.
(5) “Unit of the state park system” means an area specified in Section 5002.
(b) A person shall not smoke on a state coastal beach or in a unit of the state park system.
(c) A person shall not dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system.
(d) A person who violates this section is guilty of an infraction and shall be punished by a fine of up to fifty dollars ($50).
(e) The department shall develop and post signs at state coastal beaches and units of the state park system to provide notice of the smoking prohibition set forth in subdivision (b). Subdivision (b) shall be enforced on state coastal beaches or in units of the state park system only after signs have been posted.
(f) (1) Notwithstanding any other provision of this section, the director may designate, by posted order, areas within units of the state park system as exempt from the provisions of this section.
(2) The director shall consider public health and safety implications and potential fire risks when making a designation of exempt areas under paragraph (1).

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 1932 of the Fish and Game Code is amended to read:
1932.

There is hereby established the Significant Natural Areas Program which shall be administered by the department. The department, in administering this program, shall do all of the following:

(a)Obtain access to the most recent information with respect to natural resources. In order to accomplish this, the department shall maintain, expand, and keep current a data management system, designated the California Natural Diversity Database, designed to document information on these resources. That data shall be made available on the department’s Internet Web site.

(b)Develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. This data should include information essential for evaluating the needs of wildlife species, as defined in Section 89.5, that require habitat connectivity for their long-term conservation, including distribution and movement patterns.

(c)As appropriate, develop and maintain the database by incorporating mapping products and data developed by other state agencies.

(d)Make all of the data sets, and associated analytical products, available to the public and other government entities.

(e)Ensure cost sharing by all who use the data management system and develop an appropriate schedule of compensation to be paid by individuals using the data management system, not to exceed the actual costs for use of the data management system.

(f)Ensure recognition of the state’s most significant natural areas, including those affected by climate change. The department shall, after consultation with federal, state, and local agencies, education institutions, civic and public interest organizations, private organizations, landowners, and other private individuals, identify by means of periodic reports those natural areas deemed to be most significant.

(g)Seek the maintenance and perpetuation of the state’s most significant natural areas for present and future generations in the most feasible manner. The department shall consider alternative approaches for that maintenance, including alternatives to fee acquisition such as incentives, leasing, and dedication.

(h)Reduce unnecessary duplication of effort. The department shall provide coordinating services to federal, state, local, and private interests wishing to aid in the maintenance and perpetuation of significant natural areas.

(i)Actively pursue grants and cost-sharing opportunities with local, state, or federal agencies, or private entities that use the data sets and benefit from their creation and maintenance.

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REVISIONS:
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