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.
          
                                      -- END --