Amended in Senate April 15, 2013

Senate BillNo. 777


Introduced by Senator Calderon

February 22, 2013


An actbegin insert to add Section 13084 to the Government Code, to amend Sections 12556, 12726, 25147.7, and 25205.3 of, to add Sections 12599.5 and 12635.5 to, and to add Chapter 3.5 (commencing with Section 12559) to Part 2 of Division 11 of, the Health and Safety Code, and to amend Section 15301 of the Vehicle Code,end insert relating tobegin delete fireworksend deletebegin insert public safetyend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 777, as amended, Calderon. begin deleteFireworks. end deletebegin insertPublic safety: fireworksend insertbegin insert.end insert

Existing law authorizes the retail sale of safe and sane fireworks from June 28 to July 6, annually, pursuant to a license issued by the State Fire Marshal, unless otherwise prohibited or regulated by law or ordinance. Existing law requires various entities, including the State Fire Marshal, to seize certain prohibited fireworks. Existing law requires an authority that seizes fireworks to notify the State Fire Marshal of the seizure and provide specified information. Existing law requires the State Fire Marshal to dispose of the fireworks and requires dangerous fireworks to be disposed of according to specified procedures. Existing law requires the State Fire Marshal to acquire and use statewide mobile dangerous fireworks destruction units to collect and destroy dangerous fireworks from local and state agencies.

begin insert

This bill would require the State Fire Marshal, by January 1, 2015, to establish and have operational regional collection centers for the purpose of receiving seized safe and sane and federally approved fireworks. The bill would authorize the State Fire Marshal to permit a recognized 3rd party testing entity, as defined, to purchase any fireworks the entity deems to be commercially viable. The bill would require the fireworks stored at the regional collection facility to be subject to certain requirements, including that they be stored for a period of not more than 90 days.

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This bill would authorize, beginning January 1, 2015, the sale of certified safe and sane fireworks from 9 a.m. on December 26 to 11:59 p.m. on January 1 of the following year pursuant to a license issued by the State Fire Marshal, if authorized by a charter city, city, county, fire protection district, or city and county ordinance or resolution that may also restrict the hours of use of those fireworks. Since a violation of this provision or other existing related provisions in connection with the sale of those fireworks would be a misdemeanor, the bill would impose a state-mandated local program by creating new crimes.

end insert
begin insert

The bill would also authorize a charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution authorizing the sale of safe and sane fireworks to require each applicant receiving a permit to pay a fee to the charter city, city, county, fire protection district, or city and county of a pro rata portion of the actual and reasonable costs incurred, on or before January 1, 2015, by the charter city, city, county, fire protection district, or city and county for, among other things, processing and issuing fireworks permits, inspection of fireworks stands, public awareness and education campaigns regarding the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts, as specified. The bill would specify that the pro rata portion of those costs shall be based on a percentage of the permittee’s sales and use tax return for the applicable permit period, not to exceed 7% of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county, except that a cost recovery ordinance or resolution in effect on or before January 1, 2015, would be authorized to supersede that provision.

end insert
begin insert

Existing law provides that if dangerous fireworks are seized pursuant to a local ordinance that provides for administrative fines or penalties and these fines or penalties are collected, the local government entity collecting the fines or penalties shall forward 65% of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund.

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This bill would delete this provision.

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Existing law imposes various fees and charges upon the management of hazardous waste, which money is deposited in the Hazardous Waste Control Account in the General Fund and is available, upon appropriation by the Legislature, for, among other things, hazardous waste management. These fees and charges are generally not applicable to hazardous wastes generated or disposed of by public agencies or as part of a public program, or to hazardous waste management facilities that are affiliated with a public agency or public program, as specified.

end insert
begin insert

This bill would include within the list of hazardous wastes and facilities that are not subject to the above fees and charges (1) hazardous waste that results from the seizure or destruction of illegal fireworks by the State Fire Marshal or other authorized government fire protection agency and (2) a mobile fireworks treatment unit used by the State Fire Marshal to destroy illegal fireworks.

end insert
begin insert

The bill would require, on or before January 1, 2015, the State Fire Marshal to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks.

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Existing law requires the Department of Motor Vehicles to suspend the commercial license of a person transporting dangerous fireworks, as specified.

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This bill would clarify that those provisions do not apply to a person with a valid license under the State Fireworks Law, as specified.

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Existing law provides that the Department of Finance has general powers of supervision over all matters concerning the financial and business policies of the state.

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This bill would require, for purposes of monitoring the budgets of the Department of Forestry and Fire Protection and the Department of Toxic Substances Control, the director to create a plan for modifying the budget process to increase efficiency and focus on accomplishing program goals. The bill would require the plan to include certain things, including ways to ensure transparency about program goals, outcomes, and funding.

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begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
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This bill would state that it is the intent of the Legislature to enact subsequent legislation that would reform the state’s response to and management of the issue of dangerous, illegal fireworks by requiring, among other things, the State Fire Marshal to review and approve a plan to collect and analyze relevant data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of fireworks.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13084 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert13084.end insert  

(a) For purposes of monitoring the budgets of the
4Department of Forestry and Fire Protection and the Department
5of Toxic Substances Control, the director shall create a plan for
6modifying the budget process to increase efficiency and focus on
7accomplishing program goals. The plan shall be developed in
8collaboration with the Director of the Department of Forestry and
9the Director of the Department of Toxic Substances Control.

10(b) The plan shall include all of the following:

11(1) A strategy to incorporate program evaluation methods into
12the budget process for selected activities and programs. These
13methods shall include zero-based budgeting, performance
14measures, strategic planning, audits, cost-benefit analyses, and
15program reviews.

16(2) Ways to ensure transparency about program goals,
17outcomes, and funding.

18(3) A process for collaborating with the Legislature, particularly
19in establishing program goals and measuring program outcomes.

20(4) A structure to work with local governments to develop
21methods to measure and evaluate performance of state-funded,
22locally administered programs.

23(5) An implementation timeline beginning with the release of
24the 2014-2015 Governor’s Budget.

end insert
25begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12556 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26amended to read:end insert

27

12556.  

begin insert(a)end insertbegin insertend insert In addition to the obligations described in Section
2813110.5, on or before July 1, 2008, the State Fire Marshal shall
P5    1identify and evaluate methods to capture more detailed data relating
2to fires, damages, and injuries caused by both dangerous fireworks
3and safe and sane fireworks. These evaluation methods shall
4include a cost analysis related to capturing and reporting the data
5and shall meet or exceed the specificity, detail, and reliability of
6the data captured under the former California Fire Incident
7Reporting System (CFIRS). The State Fire Marshal shall furnish
8a copy of these evaluation methods to any interested person upon
9request.

begin insert

10(b) On or before January 1, 2015, the State Fire Marshal shall
11collect and analyze data relating to fires, damages, seizures,
12arrests, administrative citations, and fireworks disposal issues
13caused by the sale and use of both dangerous illegal fireworks and
14safe and sane fireworks.

end insert
15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertChapter 3.5 (commencing with Section 12559) is added
16to Part 2 of Division 11 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

17 

18Chapter  begin insert3.5.end insert Fireworks Sell-Back Program
19

 

20

begin insert12559.end insert  

(a) By January 1, 2015, the State Fire Marshal shall
21establish and have operational regional collection centers for
22purposes of receiving seized safe and sane fireworks and federally
23approved consumer fireworks by local authorities.

24(b) The regional collection centers shall be located throughout
25the state in an amount and in locations determined by the State
26Fire Marshal.

27

begin insert12559.1.end insert  

(a) Notwithstanding any other law, including Sections
2812723 and 12726, a local authority or the State Fire Marshal may
29transfer seized safe and sane fireworks and federally approved
30fireworks to a regional collection center.

31(b) Notwithstanding any other law, safe and safe or federally
32approved fireworks transferred to a regional collection center
33shall be deemed “hazardous material” until a recognized third
34party testing entity makes the determination pursuant to subdivision
35(c).

36(c) (1) The State Fire Marshal is authorized to permit a
37recognized third party testing entity to enter the regional collection
38center for purposes of determining whether any seized fireworks
39are either commercially viable or hazardous waste.

P6    1(2) Any firework deemed commercially viable may be
2repackaged by the State Fire Marshal or the Marshal’s designee,
3including, but not limited to, a state licensed fireworks importer
4or exporter, a wholesaler purchasing the product pursuant to
5subdivision (d), the recognized third party testing authority, or a
6licensed hazardous materials or hazardous waste hauler.

7(3) Any product deemed not commercially viable by the third
8party testing authority shall be removed from the regional
9collection center by the State Fire Marshal or the Marshal’s
10designee and transported and disposed of within 72 hours of the
11determination in accordance with existing state and federal laws
12and regulations relating to the transportation and disposal of
13hazardous waste.

14(d) The State Fire Marshal shall authorize the recognized third
15party testing entity to purchase any fireworks it deems to be
16commercially viable.

17(e) For purposes of this section, “recognized third party testing
18entity” means a California licensed fireworks wholesaler or a
19California licensed fireworks importer or exporter.

20

begin insert12559.2.end insert  

Any fireworks stored at a regional collection center
21shall be subject to the requirements of the National Fire Protection
22Association (NFPA) 1124: Code for the Manufacture,
23Transportation, Storage, and Retail Sales of Fireworks and
24Pyrotechnic Articles of 2013, and may be stored for a period not
25to exceed 90 days. The regional collection centers shall be deemed
26exempt facilities under subdivision (b) of Section 25123.3 and Title
2722 of the California Code of Regulations.

28

begin insert12559.3.end insert  

The State Fire Marshal shall train local fire and law
29enforcement personnel on the requirements of this chapter.

end insert
30begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 12599.5 is added to the end insertbegin insertHealth and Safety
31Code
end insert
begin insert, to read:end insert

begin insert
32

begin insert12599.5.end insert  

(a) Notwithstanding Sections 12599 and 12672, the
33State Fire Marshal shall issue separate one-time retail licenses
34pursuant to this section that shall authorize the retail sale of safe
35and sane fireworks within this state only from 9 a.m. on December
3626 to 11:59 p.m. on January 1 of the following year, inclusive. A
37license issued pursuant to this section shall be valid for only one
38seven-day period and shall expire at the end of the period for which
39it is valid. All fireworks sold pursuant to a license issued pursuant
40to this section shall have been certified as safe and sane by the
P7    1State Fire Marshal on or before June 15 of the year in which the
2validity of the license commences. No other license issued pursuant
3to this chapter shall authorize the sale of fireworks during that
4period.

5(b) A retail license shall not be issued for the license period
6authorized by this section unless the charter city, city, county, fire
7district, or city and county having jurisdiction over the fixed
8location where the fireworks would be sold adopts an ordinance
9or resolution allowing that sale, and the application for that license
10is received by the State Fire Marshal on or before December 15
11of the year in which the validity of the license is to commence. The
12ordinance or resolution authorizing the sale of those fireworks
13may limit the period of use of those fireworks to specified days
14and hours within the period during which the sale is authorized
15by this section.

16(c) This section shall become operative on January 1, 2015.

end insert
17begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 12635.5 is added to the end insertbegin insertHealth and Safety
18Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert12635.5.end insert  

(a) A charter city, city, county, fire protection district,
20or city and county that adopts an ordinance or resolution pursuant
21to Section 12599 or 12599.5 may, through adoption of an
22ordinance or resolution by the governing body, require each
23applicant receiving a permit to pay a fee to the charter city, city,
24county, fire district, or city and county of a pro rata portion of the
25actual and reasonable costs the charter city, city, county, fire
26protection district, or city and county incurs on or before January
271, 2015, related to any of the following:

28(1) Processing and issuing permits.

29(2) Inspection of fireworks stands.

30(3) Public education and awareness campaigns regarding the
31safe and responsible use of safe and sane fireworks, and the
32dangers and risks posed by the use of illegal fireworks.

33(4) Enforcing the provisions of the code of the charter city, city,
34county, fire protection district, or city and county with respect to
35the sale and use of safe and sane fireworks, including extra
36personnel time and cleanup of the fireworks trash and debris.
37“Extra personnel time” means employee or contracted employee
38time that the charter city, city, county, fire protection district, or
39city and county would not otherwise incur but for the sale and use
40of safe and sane fireworks.

P8    1(5) Fire operation and suppression efforts that are directly
2related to safe and sane fireworks.

3(b) The pro rata share of the costs shall be specified in the
4ordinance or resolution and calculated using gross sales as shown
5on each permittee’s sales and use tax return for the applicable
6period. The pro rata share of costs shall not exceed 7 percent of
7the gross sales of the fireworks sold in the charter city, city, county,
8fire protection district, or city and county during the applicable
9period. A cost recovery ordinance or resolution in effect on or
10before January 1, 2015, may supersede this subdivision.

end insert
11begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 12726 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert

13

12726.  

(a) The dangerous fireworks seized pursuant to this
14part shall be disposed of by the State Fire Marshal in the manner
15prescribed by the State Fire Marshal at any time after the final
16determination of proceedings under Section 12724, or upon final
17termination of proceedings under Section 12593, whichever is
18later. If no proceedings are commenced pursuant to Section 12724,
19the State Fire Marshal may dispose of the fireworks after all of the
20following requirements are satisfied:

21(1) A random sampling of the dangerous fireworks has been
22taken, as defined by regulations adopted by the State Fire Marshal
23pursuant to Section 12552.

24(2) The analysis of the random sampling has been completed.

25(3) Photographs have been taken of the dangerous fireworks to
26be destroyed.

27(4) The State Fire Marshal has given written approval for the
28destruction of the dangerous fireworks. This approval shall specify
29the total weight of the dangerous fireworks seized, the total weight
30of the dangerous fireworks to be destroyed, and the total weight
31of the dangerous fireworks not to be destroyed.

32(b) To carry out the purposes of this section, the State Fire
33Marshal shall acquire and use statewide mobile dangerous
34fireworks destruction units to collect and destroy seized dangerous
35fireworks from local and state agencies.

begin delete

36(c) If dangerous fireworks are seized pursuant to a local
37ordinance that provides for administrative fines or penalties and
38these fines or penalties are collected, the local government entity
39collecting the fines or penalties shall forward 65 percent of the
40collected moneys to the Controller for deposit in the State Fire
P9    1Marshal Fireworks Enforcement and Disposal Fund, as described
2in Section 12728.

end delete
3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 25174.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
4amended to read:end insert

5

25174.7.  

(a) The fees provided for in Sections 25174.1 and
625205.5 do not apply to any of the following:

7(1) Hazardous wastesbegin delete whichend deletebegin insert thatend insert result when a government
8agency, or its contractor, removes or remedies a release of
9hazardous waste in the state caused by another person.

10(2) Hazardous wastes generated or disposed of by a public
11agency operating a household hazardous waste collection facility
12in the state pursuant to Article 10.8 (commencing with Section
1325218), including, but not limited to, hazardous waste received
14from conditionally exempt small quantity commercial generators,
15authorized pursuant to Section 25218.3.

16(3) Hazardous wastes generated or disposed of by local vector
17control agencies which have entered into a cooperative agreement
18pursuant to Section 116180 or by county agricultural
19commissioners, if the hazardous wastes result from their control
20or regulatory activities and if they comply with the requirements
21of this chapter and regulations adopted pursuant thereto.

22(4) Hazardous waste disposed of, or submitted for disposal or
23treatment, by any person, which is discovered and separated from
24solid waste as part of a load checking program.

begin insert

25(5) Hazardous waste that results from the seizure or destruction
26of illegal fireworks by the State Fire Marshal or other authorized
27government fire protection agency pursuant to Section 12721.

end insert

28(b)  Notwithstanding paragraph (1) of subdivision (a), any person
29responsible for a release of hazardous waste, which has been
30removed or remedied by a government agency, or its contractor,
31shall pay the fee pursuant to Section 25174.1.

32(c)  Any person who acquires land for the sole purpose of
33owner-occupied single-family residential use, and who acquires
34that land without actual or constructive notice or knowledge that
35there is a tank containing hazardous waste on or under that
36property, is exempt from the fees imposed pursuant to Sections
3725174.1begin delete,end deletebegin insert andend insert 25205.5begin delete, and 25345,end delete in connection with the removal
38of the tank.

39begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 25205.3 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
40amended to read:end insert

P10   1

25205.3.  

The following facilities are exempt from the fees
2imposed by this article:

3(a)  Any household hazardous waste collection facility operated
4pursuant to Article 10.8 (commencing with Section 25218).

5(b)  Any facility operated by a local government agency, or by
6any person operating a hazardous waste collection program under
7an agreement with a public agency, which is used for wastes which
8meet the requirements of paragraph (3) of subdivision (a) of Section
925174.7.

10(c)  That portion of a solid waste facility permitted pursuant to
11Chapter 3 (commencing with Section 44001) of Part 4 of Division
1230 of the Public Resources Code, which is used for the segregation,
13handling, and storage of hazardous waste separated from solid
14waste loads received by the facility, pursuant to a load checking
15program.

16(d)  A facility used solely for the treatment, storage, disposal,
17or recycling of hazardous waste which results when a public agency
18or its contractor investigates, removes, or remedies a release of
19hazardous waste caused by another person.

begin insert

20(e) A mobile fireworks treatment unit used by the office of the
21State Fire Marshal to destroy illegal fireworks pursuant to Section
2212721.

end insert
begin delete

23(e)

end delete

24begin insert(f)end insert (1) For purposes of fees assessed in any reporting period
25beginning July 1, 1990, or subsequently, a facility which has been
26issued a permit for the purpose of storing hazardous waste onsite,
27and whose permit has expired, if all of the following has occurred:

28(A) The facility has received no waste from offsite since the
29permit expired.

30(B) The owner or operator gave the department timely
31notification of intent to close the facility, pursuant to regulations
32adopted by the department.

33(C) At least 90 days have elapsed since the owner or operator
34gave the department that notification.

35(D) The department did not complete its review of the closure
36plan within 90 days of receiving the notification.

37(2) This exclusion shall take effect the reporting period
38following the reporting period in which the facility first satisfied
39the requirements of paragraph (1) and did not accumulate waste
40onsite for more than 90 consecutive days.

P11   1begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 15301 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

2

15301.  

begin insert(a)end insertbegin insertend insert The Department of Motor Vehicles, in conjunction
3with the State Fire Marshal, shall develop regulations and
4procedures to temporarily suspend the commercial motor vehicle
5license of a person who is operating a commercial motor vehicle
6while transporting dangerous fireworks having a gross weight of
710,000 pounds or more. begin deleteAend delete

8begin insert(b)end insertbegin insertend insertbegin insertA end insertdriver of a commercial motor vehicle shall not operate a
9commercial motor vehicle for three years if the driver is convicted
10of transporting dangerous fireworks having a gross weight of
1110,000 pounds or more.

begin insert

12(c) This section shall not apply to a person who holds and is
13operating within the scope of a valid license as described in Section
1412516 of the Health and Safety Code or valid permit as described
15in Section 12522 of the Health and Safety Code.

end insert
16begin insert

begin insertSEC. 10end insertbegin insert.end insert  

end insert

begin insertNo reimbursement is required by this act pursuant
17to Section 6 of Article XIII   B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district are the result of a program for which legislative authority
20was requested by that local agency or school district, within the
21meaning of Section 17556 of the Government Code and Section 6
22of Article XIII   B of the California Constitution.end insert
begin insert end insert

begin delete
23

SECTION 1.  

The Legislature hereby finds and declares the
24following:

25(a) California needs a multipronged, omnibus reform to update
26the state’s response to and management of dangerous, illegal
27fireworks. The reform should address the following elements:

28(1) Management and disposal of pyrotechnic products.

29(2) Data collection regarding amounts and types of fireworks
30that result in fires and injuries as well as those that are collected
31and stored by local agencies across California.

32(3) The degree of and need for an enhanced level of cooperation
33and coordination between federal, state, and local public safety
34agencies in the handling of these products.

35(4) The level of training of local fire and law enforcement
36personnel.

37(5) Mandates on state agencies to identify alternative disposal
38technologies and incentivizing the private sector to develop the
39same.

P12   1(6) Assistance in maximizing full implementation of Chapter
2563 of the Statutes of 2007 (Senate Bill No. 839 of the 2007-08
3Regular Session; hereafter SB 839) in local jurisdictions as well
4as within state agencies.

5(7) The enactment of the cleanup and corrective language for
6provisions enacted by SB 839 that was proposed in Senate Bill
7No. 1346 of the 2007-08 Regular Session, as amended April 1,
82008 (hereafter SB 1346).

9(8) Efforts to identify and secure new avenues of General Fund
10and special fund revenues to underwrite responsibilities associated
11with these elements of reform.

12(b) It is the intent of the Legislature to enact subsequent
13legislation that would do the following:

14(1) By an unspecified date, require the State Fire Marshal, by
15and through its Fireworks Advisory Committee-approved National
16Fire Incident Reporting Systems Fire Incident Software vendors,
17to review and approve a plan to collect and analyze relevant data
18relating to fires, damages, seizures, arrests, administrative citations,
19and fireworks disposal issues caused by the sale and use of both
20dangerous fireworks and safe and sane fireworks during the July
214 and New Year periods.

22(2) Relieve the Office of the State Fire Marshal of having the
23sole responsibility to collect and destroy dangerous fireworks and
24make appropriate changes in the Health and Safety Code, which
25may include, but are not limited to, changes in Sections 12706,
2612723, 12724, and 12726.

27(3) Authorize local jurisdictions and their public safety agencies
28to manage their own fireworks stockpile by adopting one or more
29of the following approaches or provisions:

30(A) Implementation of SB 839 by local governments to bolster
31enforcement efforts and revenue generation.

32(B) Implementation of a State Fire Marshal-approved disposal
33road map for correct storage and disposal techniques and viable
34and safe disposal and storage options that may include, but are not
35limited to:

36(i) Implementing regional systems by which to store dangerous
37fireworks that are temporarily being held pending collection by
38an authorized disposal entity.

P13   1(ii) Encouraging relationships with disposal companies to
2manage the transportation and disposal of California’s dangerous
3fireworks.

4(iii) Authorizing local governments to resell or give back unused,
5safely packaged fireworks to California licensed firework importers
6and exporters, wholesalers, or both, subject to specified conditions.

7(4) Improve and update training of local fire and law
8enforcement personnel to enhance their knowledge of up-to-date
9fireworks and explosive technologies.

10(5) Improve information sharing between federal, state, and
11local public safety agencies and the fireworks industry regarding
12explosive materials and testing to enhance hazardous waste and
13hazardous material classifications.

14(6) Explore alternative disposal technologies, such as mobile
15units and enhancement to current municipal waste incinerators, to
16reduce the costs of shipping hazardous materials out of state.

17(7) Enact cleanup and corrective language for provisions enacted
18by SB 839 as proposed in SB 1346.

19(8) Authorize a local jurisdiction to recover the costs that it may
20incur for fire operation and suppression efforts directly related to
21safe and sane fireworks.

22(9) Reaffirm that the cost associated with disposal of illegal
23fireworks is a General Fund responsibility and liability and
24appropriate moneys to the budget of the State Fire Marshal or other
25agencies accordingly.

26(10) Reexamine the existing pyrotechnic license fee structure
27in California and make recommendations, including for potential
28license fee increases with mandatory biannual reviews and audits
29on these fee amounts, examine how and where these license fees
30are being spent, and examine whether the retail license fee should
31be converted to an annual fee.

32(11) Provide for a safe and sane fireworks sales period between
33Christmas and New Year each year, subject to local option, that
34would not become operative until the successful deployment of
35the enhanced data collection and disposal provisions described in
36this section are implemented.

37(c) Consistent with Governor Brown’s Executive Order B-13-11,
38it is the intent of the Legislature to enact subsequent legislation
39that would require performance measures, data collection, and
40program oversight review necessary to assure the Governor, the
P14   1public, and stakeholders, that the revenues raised by both the
2existing as well as the proposed fireworks license fees and General
3Fund appropriations are being judiciously spent for the anticipated
4deliverables.

end delete


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