Amended in Senate May 29, 2013

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 Sections 12556 and 12726 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 publicbegin delete safety, and making an appropriation thereforend deletebegin insert safetyend insert.

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.begin delete 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.end deletebegin insert The bill would require any revenue received from the sale to belong to the seizing local authority and would authorize the State Fire Marshal to enter into a revenue sharing agreement with that local authority, as provided.end insert 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.

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: begin delete23 end deletebegin insertmajorityend insert. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: yes.

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

P3    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
P4    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.

10(b) Not later than January 1, 2015, the State Fire Marshal shall
11collect and analyze data relating to fires, damages, seizures, arrests,
12administrative citations, and fireworks disposal issues caused by
13the sale and use of both dangerous illegal fireworks and safe and
14sane fireworks. The State Fire Marshal shall collect data pursuant
15to a methodology developed in consultation with the State Fire
16Marshal’s General Fireworks Advisory Committee, which consists
17of representatives from local fire service and law enforcement
18agencies and the fireworks industry.

19

SEC. 2.  

Chapter 3.5 (commencing with Section 12559) is added
20to Part 2 of Division 11 of the Health and Safety Code, to read:

21 

22Chapter  3.5. Fireworks Sell-Back Program
23

 

24

12559.  

(a) By January 1, 2015, the State Fire Marshal shall
25establish and have operational regional collection centers for
26purposes of receiving safe and sane fireworks and federally
27approved consumer fireworks seized by local authorities.

28(b) The regional collection centers shall be located throughout
29the state in an amount and in locations determined by the State
30Fire Marshal.

31

12559.1.  

(a) Notwithstanding Section 12723, and upon
32compliance with Section 12726, a local authority or the State Fire
33Marshal may transfer seized safe and sane fireworks and federally
34approved fireworks to a regional collection center.begin insert Any fireworks
35transferred pursuant to this subdivision shall remain under the
36ownership of the seizing local authority.end insert
begin insert end insert

37(b) Safe and sane or federally approved fireworks transferred
38to a regional collection center shall be deemed “hazardous material”
39until the State Fire Marshal, Department of Toxic Substances
P5    1Control, and a recognized third-party testing entity make the
2determination pursuant to subdivision (c).

3(c) (1) The State Fire Marshal is authorized to permit a
4recognized third-party testing entity to enter the regional collection
5center for purposes of making a determination with the State Fire
6Marshal and the Department of Toxic Substances Control as to
7whether any seized fireworks are either commercially viable or
8hazardous waste.

9(2) Any firework deemed commercially viable may be
10repackaged by the State Fire Marshal or the State Fire Marshal’s
11designee, including, but not limited to, a state licensed fireworks
12importer and exporter, a wholesaler purchasing the product
13pursuant to subdivision (d), the recognized third-party testing
14authority, or a licensed hazardous materials or hazardous waste
15hauler.

16(3) Any product deemed not commercially viable by the State
17Fire Marshal, the Department of Toxic Substances Control, and
18the third-party testing authority shall be removed from the regional
19collection center by the State Fire Marshal or the State Fire
20Marshal’s designee and transported and disposed of within 72
21hours of the determination in accordance with all federal and state
22hazardous waste laws and regulations.

23(d) (1) The State Fire Marshal shall authorize a state licensed
24fireworks importer and exporter or wholesaler to purchase any
25fireworks deemed to be commercially viable pursuant to
26subdivision (c) from the State Fire Marshal.begin insert Revenue received from
27the sale shall belong to the seizing local authority.end insert

28(2) The State Fire Marshal may enter into an agreement with a
29local authority for purposes ofbegin delete allocatingend deletebegin insert sharingend insert revenue from
30the sale of fireworks pursuant to paragraph (1).begin delete Notwithstanding
31Section 12635, revenue generated from the sale of the safe and
32sane or federally approved fireworks seized by a local authority
33shall be allocated by the State Fire Marshal to the seizing local
34authority pursuant to the agreement. The State Fire Marshalend delete
begin insert The
35agreementend insert
shall allocate no less than 65 percent of the revenues
36to that local authoritybegin insert with the balance going to the stateend insert.

37(e) For purposes of this section, “recognized third-party testing
38entity” means an independent third-party testing entity recognized
39by the federal Consumer Product Safety Commission as an
40acceptable testing entity for consumer fireworks.

P6    1(f) Upon the purchase of fireworks, pursuant to this chapter, a
2state-licensed fireworks importer and exporter or wholesaler shall
3accept full liability for any damage done by the fireworks and the
4State of California shall be indemnified.

5

12559.2.  

Any fireworks stored at a regional collection center
6shall be subject to the requirements of Article 8 (commencing with
7Section 989) of Chapter 6 of Title 19 of the California Code of
8Regulations and to the requirements of the National Fire Protection
9Association (NFPA) 1124: Code for the Manufacture,
10Transportation, Storage, and Retail Sales of Fireworks and
11Pyrotechnic Articles of 2013, and may be stored for a period not
12to exceed 90 days. The regional collection centers shall not be
13considered a storage facility for purposes of subdivision (b) of
14Section 25123.3.

15

12559.3.  

(a) The State Fire Marshal and the Department of
16Toxic Substances Control shall train local fire and law enforcement
17personnel on the requirements of this chapter.

18(b) The State Fire Marshal shall, in consultation with relevant
19state and local public agencies, the fireworks industry, and other
20relevant stakeholders, develop, publish, and provide necessary
21guidance and training to local agencies that seize, collect, transport,
22store, and treat seized fireworks. This training and education may
23include, but is not limited to, the following specific areas:

24(1) Standards for the transportation, storage, and handling of
25fireworks and pyrotechnic articles in accordance with Chapter 6
26(commencing with Section 975) of Division 1 of Title 19 of the
27California Code of Regulations and the National Fire Protection
28Association (NFPA) 1124: Code for the Manufacture,
29Transportation, Storage, and Retail Sales of Fireworks and
30Pyrotechnic Articles of 2013.

31(2) Recognition of explosive materials and isolation procedures
32in accordance with Chapter 10 (commencing with Section 1550)
33of Division 1 of Title 19 of the California Code of Regulations
34and the National Fire Protection Association (NFPA) 495:
35Explosive Materials Code of 2013.

36(3) Recognition of commercial, consumer, and illegal fireworks
37in accordance with Chapter 6 (commencing with Section 975) of
38Division 1 of Title 19 of the California Code of Regulations and
39the National Fire Protection Association (NFPA) 1124: Code for
P7    1the Manufacture, Transportation, Storage, and Retail Sales of
2Fireworks and Pyrotechnic Articles of 2013.

3

12559.4.  

The Department of Toxic Substances Control shall
4develop and publish guidelines for the implementation of this
5chapter that includes, but is not limited to, the following specific
6areas:

7(a) Standards for the proper handling, transport, and storage of
8fireworks that are hazardous materials for the purposes of this
9chapter.

10(b) Standards for the proper handling, transport, and disposal
11of fireworks that are hazardous waste.

12(c) A determination of the type of facility that qualifies as a
13regional collection center.

14(d) A definition of “commercially viable” for the purposes of
15this chapter that ensures that fireworks that should be disposed of
16as waste are not resold.

17

SEC. 3.  

Section 12599.5 is added to the Health and Safety
18Code
, to read:

19

12599.5.  

(a) Notwithstanding Sections 12599 and 12672, the
20State Fire Marshal shall issue separate one-time retail licenses
21pursuant to this section that shall authorize the retail sale of safe
22and sane fireworks within this state only from 9 a.m. on December
2326 to 11:59 p.m. on January 1 of the following year, inclusive. A
24license issued pursuant to this section shall be valid for only one
25seven-day period and shall expire at the end of the period for which
26it is valid. All fireworks sold pursuant to a license issued pursuant
27to this section shall have been certified as safe and sane by the
28State Fire Marshal on or before June 15 of the year in which the
29validity of the license commences. No other license issued pursuant
30to this chapter shall authorize the sale of fireworks during that
31period.

32(b) A retail license shall not be issued for the license period
33authorized by this section unless the charter city, city, county, fire
34district, or city and county having jurisdiction over the fixed
35location where the fireworks would be sold adopts an ordinance
36or resolution allowing that sale, and the application for that license
37is received by the State Fire Marshal on or before December 15
38of the year in which the validity of the license is to commence.
39The ordinance or resolution authorizing the sale of those fireworks
40may limit the period of use of those fireworks to specified days
P8    1and hours within the period during which the sale is authorized by
2this section.

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

4

SEC. 4.  

Section 12635.5 is added to the Health and Safety
5Code
, to read:

6

12635.5.  

(a) A charter city, city, county, fire protection district,
7or city and county that adopts an ordinance or resolution pursuant
8to Section 12599 or 12599.5 may, through adoption of an ordinance
9or resolution by the governing body, require each applicant
10receiving a permit to pay a fee to the charter city, city, county, fire
11district, or city and county of a pro rata portion of the actual and
12reasonable costs the charter city, city, county, fire protection
13district, or city and county incurs that is related to any of the
14following:

15(1) Processing and issuing permits.

16(2) Inspection of fireworks stands.

17(3) Public education and awareness campaigns regarding the
18safe and responsible use of safe and sane fireworks, and the dangers
19and risks posed by the use of illegal fireworks.

20(4) Enforcing the provisions of the code of the charter city, city,
21county, fire protection district, or city and county with respect to
22the sale and use of safe and sane fireworks, including extra
23personnel time and cleanup of the fireworks trash and debris. “Extra
24personnel time” means employee or contracted employee time that
25the charter city, city, county, fire protection district, or city and
26county would not otherwise incur but for the sale and use of safe
27and sane fireworks.

28(5) Fire operation and suppression efforts that are directly related
29to safe and sane fireworks.

30(b) The pro rata share of the costs shall be specified in the
31ordinance or resolution and calculated using gross sales as shown
32on each permittee’s sales and use tax return for the applicable
33period. The pro rata share of costs shall not exceed 7 percent of
34the gross sales of the fireworks sold in the charter city, city, county,
35fire protection district, or city and county during the applicable
36period. A cost recovery ordinance or resolution in effect on or
37before January 1, 2015, may supersede this subdivision.

38

SEC. 5.  

Section 12726 of the Health and Safety Code is
39amended to read:

P9    1

12726.  

(a) The dangerous fireworks seized pursuant to this
2part shall be disposed of by the State Fire Marshal in the manner
3prescribed by the State Fire Marshal at any time after the final
4determination of proceedings under Section 12724, or upon final
5termination of proceedings under Section 12593, whichever is
6later. If no proceedings are commenced pursuant to Section 12724,
7the State Fire Marshal may dispose of the fireworks after all of the
8following requirements are satisfied:

9(1) A random sampling of the dangerous fireworks has been
10taken, as defined by regulations adopted by the State Fire Marshal
11pursuant to Section 12552.

12(2) The analysis of the random sampling has been completed.

13(3) Photographs have been taken of the dangerous fireworks to
14be destroyed.

15(4) The State Fire Marshal has given written approval for the
16destruction of the dangerous fireworks. This approval shall specify
17the total weight of the dangerous fireworks seized, the total weight
18of the dangerous fireworks to be destroyed, and the total weight
19of the dangerous fireworks not to be destroyed.

20(b) To carry out the purposes of this section, the State Fire
21Marshal shall acquire and use statewide mobile dangerous
22fireworks destruction units to collect and destroy seized dangerous
23fireworks from local and state agencies.

24

SEC. 6.  

Section 15301 of the Vehicle Code is amended to read:

25

15301.  

(a) The Department of Motor Vehicles, in conjunction
26with the State Fire Marshal, shall develop regulations and
27procedures to temporarily suspend the commercial motor vehicle
28license of a person who is operating a commercial motor vehicle
29while transporting dangerous fireworks having a gross weight of
3010,000 pounds or more.

31(b) A driver of a commercial motor vehicle shall not operate a
32commercial motor vehicle for three years if the driver is convicted
33of transporting dangerous fireworks having a gross weight of
3410,000 pounds or more.

35(c) This section shall not apply to a person who holds and is
36operating within the scope of a valid license as described in Section
3712516 of the Health and Safety Code or valid permit as described
38in Section 12522 of the Health and Safety Code.

39

SEC. 7.  

The provisions of this act are severable. If any
40provision of this act or its application is held invalid pursuant to
P10   1the federal Resource Conservation and Recovery Act, that
2invalidity shall not affect other provisions or applications that can
3be given effect without the invalid provision or application.

4

SEC. 8.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



O

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