Amended in Senate May 28, 2013

Amended in Senate May 15, 2013

Amended in Senate May 7, 2013

Amended in Senate April 23, 2013

Amended in Senate April 15, 2013

Senate BillNo. 777


Introduced by Senator Calderon

February 22, 2013


An act to amend Sectionsbegin delete 12556, 12726, 25174.7, and 25205.3end deletebegin insert 12556 and 12726end insert 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, relating to public safety, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 777, as amended, Calderon. Public safety: fireworks.

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.

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 state licensed fireworks importer and exporter or wholesaler to purchase any fireworks the State Fire Marshal, the Department of Toxic Substances Control, and a recognized 3rd-party testing entity, as defined, deem to be commercially viable, from the State Fire Marshal. The bill would require revenue generated from the sale of fireworks seized by a local authority to be allocated by the State Fire Marshal to the seizing local authority pursuant to an agreement, as provided, thereby making an appropriation. 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. The bill would require the Department of Toxic Substances Control to develop and publish guidelines for the implementation of these provisions, as provided.

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.

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 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.

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.

This bill would delete this provision.

begin delete

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 delete
begin delete

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, (2) a mobile fireworks treatment unit used by the State Fire Marshal to destroy illegal fireworks, and (3) a regional fireworks collection center established by the State Fire Marshal.

end delete

The bill would require, not later than 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, as provided.

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

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

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

Section 12556 of the Health and Safety Code is
2amended to read:

3

12556.  

(a) In addition to the obligations described in Section
413110.5, on or before July 1, 2008, the State Fire Marshal shall
5identify and evaluate methods to capture more detailed data relating
6to fires, damages, and injuries caused by both dangerous fireworks
7and safe and sane fireworks. These evaluation methods shall
8include a cost analysis related to capturing and reporting the data
9and shall meet or exceed the specificity, detail, and reliability of
10the data captured under the former California Fire Incident
11Reporting System (CFIRS). The State Fire Marshal shall furnish
12a copy of these evaluation methods to any interested person upon
13request.

14(b) Not later than January 1, 2015, the State Fire Marshal shall
15collect and analyze data relating to fires, damages, seizures, arrests,
16administrative citations, and fireworks disposal issues caused by
17the sale and use of both dangerous illegal fireworks and safe and
18sane fireworks. The State Fire Marshal shall collect data pursuant
19to a methodology developed in consultation with the State Fire
20Marshal’s General Fireworks Advisory Committee, which consists
21of representatives from local fire service and law enforcement
22agencies and the fireworks industry.

23

SEC. 2.  

Chapter 3.5 (commencing with Section 12559) is added
24to Part 2 of Division 11 of the Health and Safety Code, to read:

25 

26Chapter  3.5. Fireworks Sell-Back Program
27

 

28

12559.  

(a) By January 1, 2015, the State Fire Marshal shall
29establish and have operational regional collection centers for
30purposes of receiving safe and sane fireworks and federally
31approved consumer fireworks seized by local authorities.

P5    1(b) The regional collection centers shall be located throughout
2the state in an amount and in locations determined by the State
3Fire Marshal.

4

12559.1.  

(a) Notwithstanding Section 12723, and upon
5compliance with Section 12726, a local authority or the State Fire
6Marshal may transfer seized safe and sane fireworks and federally
7approved fireworks to a regional collection center.

8(b) Safe and sane or federally approved fireworks transferred
9to a regional collection center shall be deemed “hazardous material”
10until the State Fire Marshal, Department of Toxic Substances
11Control, and a recognized third-party testing entity make the
12determination pursuant to subdivision (c).

13(c) (1) The State Fire Marshal is authorized to permit a
14recognized third-party testing entity to enter the regional collection
15center for purposes of making a determination with the State Fire
16Marshal and the Department of Toxic Substances Control as to
17whether any seized fireworks are either commercially viable or
18hazardous waste.

19(2) Any firework deemed commercially viable may be
20repackaged by the State Fire Marshal or thebegin insert State Fireend insert Marshal’s
21designee, including, but not limited to, a state licensed fireworks
22importer and exporter, a wholesaler purchasing the product
23pursuant to subdivision (d), the recognized third-party testing
24authority, or a licensed hazardous materials or hazardous waste
25hauler.

26(3) Any product deemed not commercially viable by the State
27Fire Marshal, the Department of Toxic Substances Control, and
28the third-party testing authority shall be removed from the regional
29collection center by the State Fire Marshal or the Statebegin insert Fire end insert
30 Marshal’s designee and transported and disposed of within 72
31hours of the determination in accordance with all federal and state
32hazardous waste laws and regulations.

33(d) (1) The State Fire Marshal shall authorize a state licensed
34fireworks importer and exporter or wholesaler to purchase any
35fireworks deemed to be commercially viable pursuant to
36subdivision (c) from the State Fire Marshal.

37(2) The State Fire Marshal may enter into an agreement with a
38local authority for purposes of allocating revenue from the sale of
39fireworks pursuant to paragraph (1). Notwithstanding Section
4012635, revenue generated from the sale of the safe and sane or
P6    1federally approved fireworks seized by a local authority shall be
2allocated by the State Fire Marshal to the seizing local authority
3pursuant to the agreement. The State Fire Marshal shall allocate
4no less than 65 percent of the revenues to that local authority.

5(e) For purposes of this section, “recognized third-party testing
6entity” means an independent third-party testing entity recognized
7by the federal Consumer Product Safety Commission as an
8acceptable testing entity for consumer fireworks.

9(f) Upon the purchase of fireworks, pursuant to this chapter, a
10state-licensed fireworks importer and exporter or wholesaler shall
11accept full liability for any damage done by the fireworks and the
12State of California shall be indemnified.

13

12559.2.  

Any fireworks stored at a regional collection center
14shall be subject to the requirements of Article 8 (commencing with
15Section 989) of Chapter 6 of Title 19 of the California Code of
16Regulations and to the requirements of the National Fire Protection
17Association (NFPA) 1124: Code for the Manufacture,
18Transportation, Storage, and Retail Sales of Fireworks and
19Pyrotechnic Articles of 2013, and may be stored for a period not
20to exceed 90 days. The regional collection centers shall not be
21considered a storage facility for purposes of subdivision (b) of
22Section 25123.3.

23

12559.3.  

(a) The State Fire Marshal and the Department of
24Toxic Substances Control shall train local fire and law enforcement
25personnel on the requirements of this chapter.

26(b) The State Fire Marshal shall, in consultation with relevant
27state and local public agencies, the fireworks industry, and other
28relevant stakeholders, develop, publish, and provide necessary
29guidance and training to local agenciesbegin delete whoend deletebegin insert thatend insert seize, collect,
30transport, store, and treat seized fireworks. This training and
31education may include, but is not limited to, the following specific
32areas:

33(1) Standards for the transportation, storage, and handling of
34fireworks and pyrotechnic articles in accordance with Chapter 6
35(commencing with Section 975) of Division 1 of Title 19 of the
36California Code of Regulations and the National Fire Protection
37Association (NFPA) 1124: Code for the Manufacture,
38Transportation, Storage, and Retail Sales of Fireworks and
39Pyrotechnic Articles of 2013.

P7    1(2) Recognition of explosive materials and isolation procedures
2in accordance with Chapter 10 (commencing with Section 1550)
3of Division 1 of Title 19 of the California Code of Regulations
4and the National Fire Protection Association (NFPA) 495:
5Explosive Materials Code of 2013.

6(3) Recognition of commercial, consumer, and illegal fireworks
7in accordance with Chapter 6 (commencing with Section 975) of
8Division 1 of Title 19 of the California Code of Regulations and
9the National Fire Protection Association (NFPA) 1124: Code for
10the Manufacture, Transportation, Storage, and Retail Sales of
11Fireworks and Pyrotechnic Articles of 2013.

12

12559.4.  

The Department of Toxic Substances Control shall
13develop and publish guidelines for the implementation of this
14chapter that includes, but is not limited to, the following specific
15areas:

16(a) Standards for the proper handling, transport, and storage of
17fireworks that are hazardous materials for the purposes of this
18chapter.

19(b) Standards for the proper handling, transport, and disposal
20of fireworks that are hazardous waste.

21(c) A determination of the type of facility that qualifies as a
22regional collection center.

23(d) A definition of “commercially viable” for the purposes of
24this chapter that ensures that fireworks that should be disposed of
25as waste are not resold.

26

SEC. 3.  

Section 12599.5 is added to the Health and Safety
27Code
, to read:

28

12599.5.  

(a) Notwithstanding Sections 12599 and 12672, the
29State Fire Marshal shall issue separate one-time retail licenses
30pursuant to this section that shall authorize the retail sale of safe
31and sane fireworks within this state only from 9 a.m. on December
3226 to 11:59 p.m. on January 1 of the following year, inclusive. A
33license issued pursuant to this section shall be valid for only one
34seven-day period and shall expire at the end of the period for which
35it is valid. All fireworks sold pursuant to a license issued pursuant
36to this section shall have been certified as safe and sane by the
37State Fire Marshal on or before June 15 of the year in which the
38validity of the license commences. No other license issued pursuant
39to this chapter shall authorize the sale of fireworks during that
40period.

P8    1(b) A retail license shall not be issued for the license period
2authorized by this section unless the charter city, city, county, fire
3district, or city and county having jurisdiction over the fixed
4location where the fireworks would be sold adopts an ordinance
5or resolution allowing that sale, and the application for that license
6is received by the State Fire Marshal on or before December 15
7of the year in which the validity of the license is to commence.
8The ordinance or resolution authorizing the sale of those fireworks
9may limit the period of use of those fireworks to specified days
10and hours within the period during which the sale is authorized by
11this section.

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

13

SEC. 4.  

Section 12635.5 is added to the Health and Safety
14Code
, to read:

15

12635.5.  

(a) A charter city, city, county, fire protection district,
16or city and county that adopts an ordinance or resolution pursuant
17to Section 12599 or 12599.5 may, through adoption of an ordinance
18or resolution by the governing body, require each applicant
19receiving a permit to pay a fee to the charter city, city, county, fire
20district, or city and county of a pro rata portion of the actual and
21reasonable costs the charter city, city, county, fire protection
22district, or city and county incurs that is related to any of the
23following:

24(1) Processing and issuing permits.

25(2) Inspection of fireworks stands.

26(3) Public education and awareness campaigns regarding the
27safe and responsible use of safe and sane fireworks, and the dangers
28and risks posed by the use of illegal fireworks.

29(4) Enforcing the provisions of the code of the charter city, city,
30county, fire protection district, or city and county with respect to
31the sale and use of safe and sane fireworks, including extra
32personnel time and cleanup of the fireworks trash and debris. “Extra
33personnel time” means employee or contracted employee time that
34the charter city, city, county, fire protection district, or city and
35county would not otherwise incur but for the sale and use of safe
36and sane fireworks.

37(5) Fire operation and suppression efforts that are directly related
38to safe and sane fireworks.

39(b) The pro rata share of the costs shall be specified in the
40ordinance or resolution and calculated using gross sales as shown
P9    1on each permittee’s sales and use tax return for the applicable
2period. The pro rata share of costs shall not exceed 7 percent of
3the gross sales of the fireworks sold in the charter city, city, county,
4fire protection district, or city and county during the applicable
5period. A cost recovery ordinance or resolution in effect on or
6before January 1, 2015, may supersede this subdivision.

7

SEC. 5.  

Section 12726 of the Health and Safety Code is
8amended to read:

9

12726.  

(a) The dangerous fireworks seized pursuant to this
10part shall be disposed of by the State Fire Marshal in the manner
11prescribed by the State Fire Marshal at any time after the final
12determination of proceedings under Section 12724, or upon final
13termination of proceedings under Section 12593, whichever is
14later. If no proceedings are commenced pursuant to Section 12724,
15the State Fire Marshal may dispose of the fireworks after all of the
16following requirements are satisfied:

17(1) A random sampling of the dangerous fireworks has been
18taken, as defined by regulations adopted by the State Fire Marshal
19pursuant to Section 12552.

20(2) The analysis of the random sampling has been completed.

21(3) Photographs have been taken of the dangerous fireworks to
22be destroyed.

23(4) The State Fire Marshal has given written approval for the
24destruction of the dangerous fireworks. This approval shall specify
25the total weight of the dangerous fireworks seized, the total weight
26of the dangerous fireworks to be destroyed, and the total weight
27of the dangerous fireworks not to be destroyed.

28(b) To carry out the purposes of this section, the State Fire
29Marshal shall acquire and use statewide mobile dangerous
30fireworks destruction units to collect and destroy seized dangerous
31fireworks from local and state agencies.

begin delete
32

SEC. 6.  

Section 25174.7 of the Health and Safety Code is
33amended to read:

34

25174.7.  

(a) The fees provided for in Sections 25174.1 and
3525205.5 do not apply to any of the following:

36(1) Hazardous wastes that result when a government agency,
37or its contractor, removes or remedies a release of hazardous waste
38in the state caused by another person.

39(2) Hazardous wastes generated or disposed of by a public
40agency operating a household hazardous waste collection facility
P10   1in the state pursuant to Article 10.8 (commencing with Section
225218), including, but not limited to, hazardous waste received
3from conditionally exempt small quantity commercial generators,
4authorized pursuant to Section 25218.3.

5(3) Hazardous wastes generated or disposed of by local vector
6control agencies which have entered into a cooperative agreement
7pursuant to Section 116180 or by county agricultural
8commissioners, if the hazardous wastes result from their control
9or regulatory activities and if they comply with the requirements
10of this chapter and regulations adopted pursuant thereto.

11(4) Hazardous waste disposed of, or submitted for disposal or
12treatment, by any person, which is discovered and separated from
13solid waste as part of a load checking program.

14(5) Hazardous waste that results from the seizure or destruction
15of illegal fireworks by the State Fire Marshal or other authorized
16government fire protection agency pursuant to Section 12721.

17(b)  Notwithstanding paragraph (1) of subdivision (a), any person
18responsible for a release of hazardous waste, which has been
19removed or remedied by a government agency, or its contractor,
20shall pay the fee pursuant to Section 25174.1.

21(c)  Any person who acquires land for the sole purpose of
22owner-occupied single-family residential use, and who acquires
23that land without actual or constructive notice or knowledge that
24there is a tank containing hazardous waste on or under that
25property, is exempt from the fees imposed pursuant to Sections
2625174.1 and 25205.5 in connection with the removal of the tank.

27

SEC. 7.  

Section 25205.3 of the Health and Safety Code is
28amended to read:

29

25205.3.  

The following facilities are exempt from the fees
30imposed by this article:

31(a)  Any household hazardous waste collection facility operated
32pursuant to Article 10.8 (commencing with Section 25218).

33(b)  Any facility operated by a local government agency, or by
34any person operating a hazardous waste collection program under
35an agreement with a public agency, which is used for wastes which
36meet the requirements of paragraph (3) of subdivision (a) of Section
3725174.7.

38(c)  That portion of a solid waste facility permitted pursuant to
39Chapter 3 (commencing with Section 44001) of Part 4 of Division
4030 of the Public Resources Code, which is used for the segregation,
P11   1handling, and storage of hazardous waste separated from solid
2waste loads received by the facility, pursuant to a load checking
3program.

4(d)  A facility used solely for the treatment, storage, disposal,
5or recycling of hazardous waste which results when a public agency
6or its contractor investigates, removes, or remedies a release of
7hazardous waste caused by another person.

8(e) (1) A mobile fireworks treatment unit used by the Office
9of the State Fire Marshal to destroy illegal fireworks pursuant to
10Section 12721.

11(2) A regional collection center for fireworks established
12pursuant to Section 12559.

13(f) (1) For purposes of fees assessed in any reporting period
14beginning July 1, 1990, or subsequently, a facility that has been
15issued a permit for the purpose of storing hazardous waste onsite,
16and whose permit has expired, if all of the following has occurred:

17(A) The facility has received no waste from offsite since the
18permit expired.

19(B) The owner or operator gave the department timely
20notification of intent to close the facility, pursuant to regulations
21adopted by the department.

22(C) At least 90 days have elapsed since the owner or operator
23gave the department that notification.

24(D) The department did not complete its review of the closure
25plan within 90 days of receiving the notification.

26(2) This exclusion shall take effect the reporting period
27following the reporting period in which the facility first satisfied
28the requirements of paragraph (1) and did not accumulate waste
29onsite for more than 90 consecutive days.

end delete
30

begin deleteSEC. 8.end delete
31begin insertSEC. 6.end insert  

Section 15301 of the Vehicle Code is amended to read:

32

15301.  

(a) The Department of Motor Vehicles, in conjunction
33with the State Fire Marshal, shall develop regulations and
34procedures to temporarily suspend the commercial motor vehicle
35license of a person who is operating a commercial motor vehicle
36while transporting dangerous fireworks having a gross weight of
3710,000 pounds or more.

38(b) A driver of a commercial motor vehicle shall not operate a
39commercial motor vehicle for three years if the driver is convicted
P12   1of transporting dangerous fireworks having a gross weight of
210,000 pounds or more.

3(c) This section shall not apply to a person who holds and is
4operating within the scope of a valid license as described in Section
512516 of the Health and Safety Code or valid permit as described
6in Section 12522 of the Health and Safety Code.

7

begin deleteSEC. 9.end delete
8begin insertSEC. 7.end insert  

The provisions of this act are severable. If any
9provision of this act or its application is held invalid pursuant to
10the federal Resource Conservation and Recovery Act, that
11invalidity shall not affect other provisions or applications that can
12be given effect without the invalid provision or application.

13

begin deleteSEC. 10.end delete
14begin insertSEC. 8.end insert  

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.



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