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
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|Author: |Gaines | | |
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|Version: |June 15, 2016 |
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|Urgency: | |Fiscal: |Yes |
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|Consultant:|Matthew Dumlao |
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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
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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
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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.
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