BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: SCR 144 Hearing Date: June 28, 2016 ----------------------------------------------------------------- |Author: |Gaines | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |June 15, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: | |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Matthew Dumlao | | | | ----------------------------------------------------------------- Subject: Fireworks Safety Month BACKGROUND AND EXISTING LAW In California, fireworks are regulated under the State Fireworks Law (Health and Safety Code (HSC) §12500 et seq.). The State Fireworks Law regulates the use, manufacture, wholesale, import, export, and sale of all classes of fireworks. Under existing law, fireworks are defined as any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment (HSC §12511). "Safe and sane fireworks" are defined as fireworks that do not come with the definition of "dangerous fireworks" or "exempt fireworks." "Dangerous fireworks" include devices containing a range of chemicals, as specified, and devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. "Exempt fireworks" are items containing pyrotechnic compositions that are limited to commercial, industrial, agricultural use or religious ceremonies. California's Fireworks Law is enforced and administered by the State Fire Marshal (SFM). SFM examines all fireworks and SCR 144 (Gaines) Page 2 of ? determines if they meet the definition of "safe and sane fireworks." SFM also requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. PROPOSED LAW This concurrent resolution would declare June 21, 2016 through July 21, 2016 as "Fireworks Safety Month" and would urge the Department of Forestry and Fire Protection (Cal Fire) and local fire protection agencies to educate the public about safe and responsible use of fireworks and about the high fines for using or selling illegal fireworks. Specifically, this concurrent resolution makes the following assertions: 1.Fireworks can cause bodily harm and even death. 2.Improper use of fireworks contributes to wildfires. 3.Illegal fireworks remain "Public Enemy No. 1 for the Fire Service" despite education and enforcement efforts. 4.All Californians can help by using only "safe and sane fireworks." 5.Aerial shell fireworks are the most common type of illegal firework today while 20 years ago bottle rockets and firecrackers were more popular. 6.To stop the use of illegal fireworks the state needs a massive coordinated effort between state, federal, and local agencies, and should prosecute those who break the law. 7.City or counties can decide if they will allow "safe and sane fireworks." Fireworks can only be used between June 28th and July 6th. 8.Possession of up to 25 pounds gross weight of illegal fireworks may be subject to a minimum penalty of $500 and up to a penalty of $1,000 and imprisonment in jail for one year. 9.Modifying fireworks to create an explosive device can result in more severe penalties, including fines up to $50,000 and SCR 144 (Gaines) Page 3 of ? imprisonment. ARGUMENTS IN SUPPORT In their support letter for SCR 144, the American Federation of State, County and Municipal Employees (AFSCME) point out the harm fireworks can cause, including lifelong disabilities or even death. They also feel SCR 144 can help reduce wildfires by spreading awareness of the dangers that occur with improper use of fireworks. ARGUMENTS IN OPPOSITION None received. COMMENTS Greater fire risk following drought years. SCR 144 is particularly timely given the fact that despite average rainfall in northern California this past winter, much of the state is still mired in an ongoing drought. The drought is one of the main contributing factors to widespread tree death throughout the state. According to the United States Forest Service, approximately 66 million trees - many in Southern and Central California - are dead, raising the risk of devastating wildfires throughout the state. Proper use of safe and sane fireworks may help minimize the risk of wildfires. SUPPORT American Federation of State, County and Municipal Employees California Professional Firefighters OPPOSITION None received. -- END --