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Implementing Assembly
Bill (AB) 846,
The New Statewide Smoke-free Entryway Law
FACT SHEET
WHAT DOES THE LAW SAY?
The new law, which originated as AB846, amends California
Government Code, Sections 7596-7598 to prohibit smoking
within 20 feet of a main entrance, exit and operable window of
all public buildings (buildings owned and occupied,
or leased and occupied by the state, county or city) as well as
buildings on the campuses of the University of California (UC),
California State University (CSU) and California Community Colleges,
effective January 1, 2004. For the law to be effective, a sign
must be posted describing the no smoking prohibition.
WHAT IS A “PUBLIC" BUILDING?
Section 7596(a) of the law defines public building as "…a
building owned and occupied, or leased and occupied, by the state,
a county, a city, a city and county or a California Community
College district." The law applies to all state,
county and city government buildings. The new law does NOT apply
to privately owned buildings that are not leased or occupied by
a state, county or city agency.
HOW WILL THE LAW BE ENFORCED?
While no formal enforcement procedures are in place for this law,
in order to achieve effective enforcement, the California Department
of Health Services Tobacco Control Section (CDHS/TCS) strongly
recommends that state, county, and local governments post appropriate
signage concerning the law and move ash receptacle and urns at
least 20 feet from main entrances, exits and operable windows.
Doing so will contribute to self-enforcement. The law does not
provide state funding for signs or enforcement. However, CDHS/TCS
and the Tobacco Education Clearinghouse of California (TECC) have
developed a prototype of clear uniform signage that can be reproduced
by local communities throughout the state. Decal signage is also
available from TECC
HOW DOES THE LAW APPLY TO PRIVATELY OWNED BUILDINGS PARTIALLY
LEASED AND OCCUPIED BY GOVERNMENT AGENCIES?
AB 846 applies to “public buildings” as defined above.
Government agencies, including colleges, are urged to notify
owners/managers of buildings in which they lease space, that the
law goes into effect January 1, 2004, and that it prohibits outdoor
smoking within 20 feet of building doorways and operable windows
in buildings leased and occupied by state or local governments
and colleges. Government agencies and colleges are also urged
to notify building owners and managers to enact a similar policy
around their buildings. Building owners/managers may also wish
to make compliance with the new state law a provision of future
leases.
DOES THE LAW PREEMPT LOCAL GOVERNMENTS FROM ENACTING
MORE RESTRICTIVE REGULATIONS ADDRESSING ENTRYWAY
SMOKING?
No. The new entryway protection law allows local communities and
colleges to adopt more restrictive local ordinances or polices
regarding smoking on or around government facilities. The text
of AB 846 is available at http://www.leginfo.ca.gov/pub/bill/asm/ab_0801-0850/ab_846_bill_20030908_chaptered.pdf
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