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AB-1142 State beaches and parks: smoking ban.(2013-2014)

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Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1142

Introduced by Assembly Member Bloom

February 22, 2013

An act to amend add Section 14574 of 5008.9 to the Public Resources Code, relating to beverage containers beaches and parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 1142, as amended, Bloom. Beverage containers: redemption payments. State beaches and parks: smoking ban.
Existing law makes it an infraction for a person to smoke a cigarette, cigar, or other tobacco-related 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, a pipe, cigar, or cigarette on a state coastal beach or in a unit of the state park system, as defined. 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 a state coastal beach or a unit of the state park system to provide notice of the smoking prohibition, as specified.
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, the California Beverage Container Recycling and Litter Reduction Act, requires a beverage container distributor to pay a redemption payment to the Department of Resources Recycling and Recovery (CalRecycle) in a specified manner. CalRecycle is required to deposit those amounts in the California Beverage Container Recycling Fund, which is continuously appropriated to CalRecycle to implement the act.

This bill would make technical, nonsubstantive changes to the provision regarding the redemption payment.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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.
(2) “Cigarette” has the same meaning as defined in Section 104556 of the Health and Safety Code.
(3) “Smoke or smoking” means the carrying of a lighted pipe, lighted cigar, or lighted cigarette, of any kind, or the lighting of a pipe, cigar, or cigarette, of any kind, including, but not limited to, tobacco or any other weed or plant.
(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 a cigar, cigarette, or other tobacco-related product on a state coastal beach or in a unit of the state park system.
(c) A person shall not dispose of used cigar, cigarette, or tobacco-related product waste within the boundaries of an area in which it is prohibited by this section.
(d) A person who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250).
(e) The Department of Parks and Recreation shall develop and post signs at a state coastal beach and a unit of the state park system to provide notice of the smoking prohibition set forth in subdivision (b). Signs shall be posted no later than January 1, 2016.

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 14574 of the Public Resources Code is amended to read:
14574.

(a)(1)A distributor of beverage containers shall pay to the department the redemption payment for every beverage container, other than a refillable beverage container, sold or transferred to a dealer, less 1.5 percent for the distributor’s administrative costs.

(2)The payment made by a distributor shall be submitted not later than the last day of the month following the sale. The distributor shall submit the payment in the form and manner that the department prescribes.

(b)(1)Notwithstanding subdivision (a), if a distributor displays a pattern of operation in compliance with this division and the regulations adopted pursuant to this division, to the satisfaction of the department, the distributor may submit a single annual payment of redemption payments, if the distributor’s projected redemption payment for a calendar year totals less than seventy-five thousand dollars ($75,000).

(2)An annual redemption payment made pursuant to this subdivision is due and payable on or before February 1 for every beverage container sold or transferred by the distributor to a dealer in the previous calendar year.

(3)A distributor shall notify the department of its intent to submit an annual redemption payment pursuant to this subdivision on or before January 31 of the calendar year for which the payment will be due.