Amended in Senate April 6, 2015

Senate BillNo. 677


Introduced by Senator Mendoza

February 27, 2015


begin deleteAn act to amend Section 44052 of the Health and Safety Code, relating to vehicular air pollution. end deletebegin insertAn act to add Section 13085 to the Government Code, to amend Section 12556, 12558, 12619, 12723, 12724, 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 public safety.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 677, as amended, Mendoza. begin deleteSmog check: penalties. end deletebegin insertPublic safety: fireworks.end insert

begin insert

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.

end insert
begin insert

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 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. The bill would require the Department of Toxic Substances Control to develop and publish guidelines for the implementation of these provisions, as provided.

end insert
begin insert

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. 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.

end insert
begin insert

This bill would instead require the local government to forward 25% of the collected moneys to the Controller. The bill would require seized fireworks to be managed by the State Fire Marshal, the authority seizing any fireworks, or the authority’s contract designee, by either disposing or repurposing the fireworks, as provided. The bill would delete the State Fire Marshal’s authority to acquire and use statewide mobile dangerous fireworks destruction units to collect and destroy dangerous fireworks from local and state agencies.

end insert
begin insert

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.

end insert
begin insert

This bill would authorize, beginning January 1, 2017, 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.

end insert
begin insert

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.

end insert
begin insert

The bill would require, on or before January 1, 2017, 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.

end insert
begin insert

The bill would require on or before January 1, 2018, the State Fire Marshal to identify and evaluate methods to track all containers containing dangerous fireworks coming into California ports that are to be shipped in or out of the state, as provided. The bill would require the State Fire Marshal to, on or before January 1, 2019, adopt regulations relating to dangerous fireworks tracking and providing for an annual charge to be paid by all holders of an importer’s and exporter’s license who import dangerous fireworks into the state. The bill would require the amount of the charge to be determined based on the volume of product and number of containers imported into the state by the licensees, and payment of this charge would be a condition of an importer’s and exporter’s license.

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

Existing law provides that the Department of Finance has general powers of supervision over all matters concerning the financial and business policies of the state.

end insert
begin insert

This bill would require, for purposes of monitoring the budgets of the Department of Forestry and Fire Protection and the Department of Toxic Substances Control, as those budgets relate to programs regarding fireworks, the director to create a plan for modifying the budget process to increase efficiency and focus on accomplishing program goals relating to fireworks. The bill would require the plan to include certain content, including ways to ensure transparency about program goals, outcomes, and funding.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law establishes a motor vehicle inspection and maintenance program, referred to as a smog check program, developed, implemented, and administered by the Department of Consumer Affairs. The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. Existing law authorizes the department to issue a citation to a licensee, contractor, or fleet owner for a violation of the requirements of the smog check program, and the citation may specify certain civil or administrative penalties.

end delete
begin delete

This bill would make a technical, nonsubstantive change to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13085 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert13085.end insert  

(a) For purposes of monitoring the budgets of the
4Department of Forestry and Fire Protection and the Department
5of Toxic Substances Control, as those budgets relate to programs
6regarding fireworks, the director shall create a plan for modifying
7the budget process to increase efficiency and focus on
8accomplishing program goals relating to fireworks. The plan shall
9be developed in collaboration with the Director of Forestry and
10Fire Prevention and the Director of Toxic Substances Control.

11(b) The plan shall include all of the following:

12(1) A strategy to incorporate program evaluation methods into
13the budget process for selected activities and programs. These
14methods shall include zero-based budgeting, performance
P5    1measures, strategic planning, audits, cost-benefit analyses, and
2program reviews.

3(2) Ways to ensure transparency about program goals,
4outcomes, and funding.

5(3) A process for collaborating with the Legislature, particularly
6in establishing program goals and measuring program outcomes.

7(4) A structure to work with local governments to develop
8methods to measure and evaluate performance of state-funded,
9locally administered programs.

10(5) An implementation timeline beginning with the release of
11the 2016-17 Governor’s Budget.

end insert
12begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12556 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
13amended to read:end insert

14

12556.  

begin insert(a)end insertbegin insertend insertIn addition to the obligations described in Section
1513110.5, on or before July 1, 2008, the State Fire Marshal shall
16identify and evaluate methods to capture more detailed data relating
17to fires, damages, and injuries caused by both dangerous fireworks
18and safe and sane fireworks. These evaluation methods shall
19include a cost analysis related to capturing and reporting the data
20and shall meet or exceed the specificity, detail, and reliability of
21the data captured under the former California Fire Incident
22Reporting System (CFIRS). The State Fire Marshal shall furnish
23a copy of these evaluation methods to any interested person upon
24request.

begin insert

25(b) On or before January 1, 2017, the State Fire Marshal shall
26collect and analyze data relating to fires, damages, seizures,
27arrests, administrative citations, and fireworks disposal issues
28caused by the sale and use of both dangerous illegal fireworks and
29safe and sane fireworks. The State Fire Marshal shall collect data
30pursuant to a methodology developed in consultation with the State
31Fire Marshal’s General Fireworks Advisory Committee.

end insert
32begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 12558 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert

34

12558.  

begin deleteThe end deletebegin insert(a)end insertbegin insertend insertbegin insertIn addition to the obligations described in this
35chapter, on or before January, 1 2018, the State Fire Marshal
36shall, in consultation with relevant federal, state, and local public
37agencies, the fireworks industry, and other relevant stakeholders,
38including port authorities for harbors and points of trans-Pacific
39importation of any dangerous fireworks, identify and evaluate
40methods to track all containers containing dangerous fireworks
P6    1coming into California ports that will be transported in the state
2or trans-shipped out of those ports via container on a motor vehicle
3for shipment to a destination outside of California so as to ensure
4that the dangerous fireworks reach their final destination and are
5not drop shipped or otherwise offloaded at a location within the
6State of California. These tracking methods shall include a cost
7analysis related to capturing and reporting the tracking data
8concerning these containers.end insert

begin insert

9(b) On or before January 1, 2019, the State Fire Marshal shall
10adopt regulations relating to the tracking of the dangerous
11fireworks containers described in subdivision (a), which may
12include provisions relating to tracking devices installed on each
13container, voluntarily funded by the industry, as may be necessary
14for the protection of life and property within the state. The
15regulations shall provide for an annual charge imposed on all
16holders of an importer’s and exporter’s license, pursuant to Section
1712573, who import dangerous fireworks into the state. The annual
18charge shall be determined based on the volume of product and
19number of containers imported into the state by the licensees, and
20payment of this charge shall be a condition of licensure pursuant
21to Section 12573.

end insert

22begin insert (c)end insertbegin insertend insertbegin insertTheend insert licensee or permittee shall permit the chief of the issuing
23authority, or hisbegin insert or herend insert authorized representatives, as qualified in
24Section 12721, to enter and inspect any building or otherbegin delete premisesend delete
25begin insert premises, including any container described in subdivision (a),
26that isend insert
subject to the control of or used by the licensee or permittee
27for any purpose related to fireworks at any time for the purpose
28of enforcingbegin delete the provisions ofend delete this part.

29begin insert

begin insertSEC. 4.end insert  

end insert

begin insertChapter 3.5 (commencing with Section 12559) is added
30to Part 2 of Division 11 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

31 

32Chapter  begin insert3.5.end insert Fireworks Sell-Back Program
33

 

34

begin insert12559.end insert  

(a) Notwithstanding Section 12723, and upon
35compliance with Section 12726, a local authority or the State Fire
36Marshal may repurpose or dispose of seized safe and sane
37fireworks and transfer any safe and sane and federally approved
38fireworks to an entity possessing a valid importer’s and exporter’s
39license, pursuant to Section 12573, or a wholesaler’s license,
40pursuant to Section 12572. Any fireworks transferred pursuant to
P7    1this subdivision shall remain under the ownership of the seizing
2local authority.

3(b) Safe and sane or federally approved fireworks transferred
4pursuant to this section shall be deemed “hazardous material”
5until the State Fire Marshal, the Department of Toxic Substances
6Control, and a recognized third-party testing entity make the
7determination pursuant to subdivision (c).

8(c) (1) The State Fire Marshal is authorized to permit a
9recognized third-party testing entity to make a determination with
10the State Fire Marshal and the Department of Toxic Substances
11Control as to whether any seized fireworks are either commercially
12viable or hazardous waste.

13(2) Any firework deemed commercially viable may be
14repackaged by the State Fire Marshal, the authority seizing any
15fireworks, or that authority’s designee, including, but not limited
16to, a state licensed fireworks importer and exporter, a wholesaler
17purchasing the product pursuant to subdivision (d), the recognized
18third-party testing authority, or a licensed hazardous materials
19or hazardous waste hauler.

20(3) Any product deemed not commercially viable by the State
21Fire Marshal, the Department of Toxic Substances Control, and
22a third-party testing authority shall be disposed of by the State
23Fire Marshal or the State Fire Marshal’s designee and transported
24and disposed of within 72 hours of the determination in accordance
25with all federal and state hazardous waste laws and regulations.

26(d) (1) The State Fire Marshal shall authorize a state licensed
27fireworks importer and exporter or wholesaler to purchase any
28fireworks deemed to be commercially viable pursuant to
29subdivision (c) from the State Fire Marshal or the local authority
30seizing the fireworks. Revenue received from the sale shall belong
31to the seizing local authority.

32(2) The State Fire Marshal may enter into an agreement with
33a local authority for purposes of sharing revenue from the sale of
34fireworks pursuant to paragraph (1). The agreement shall allocate
35no less than 65 percent of the revenues to that local authority with
36the balance going to the state.

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.

P8    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 and the seizing local authority shall be
5indemnified.

6

begin insert12559.1.end insert  

(a) The State Fire Marshal and the Department of
7Toxic Substances Control shall train local fire and law enforcement
8personnel on the requirements of this chapter.

9(b) The State Fire Marshal shall, in consultation with relevant
10state and local public agencies, the fireworks industry, and other
11relevant stakeholders, develop, publish, and provide necessary
12guidance and training to local agencies that seize, collect,
13transport, store, and treat seized fireworks. This training and
14education may include, but is not limited to, the following specific
15areas:

16(1) Standards for the transportation, storage, and handling of
17fireworks and pyrotechnic articles in accordance with Chapter 6
18(commencing with Section 975) of Division 1 of Title 19 of the
19California Code of Regulations and the National Fire Protection
20Association 1124: Code for the Manufacture, Transportation,
21Storage, and Retail Sales of Fireworks and Pyrotechnic Articles
22of 2013.

23(2) Recognition of explosive materials and isolation procedures
24in accordance with Chapter 10 (commencing with Section 1550)
25of Division 1 of Title 19 of the California Code of Regulations and
26the National Fire Protection Association 495: Explosive Materials
27Code of 2013.

28(3) Recognition of commercial, consumer, and illegal fireworks
29in accordance with Chapter 6 (commencing with Section 975) of
30Division 1 of Title 19 of the California Code of Regulations and
31the National Fire Protection Association 1124: Code for the
32Manufacture, Transportation, Storage, and Retail Sales of
33Fireworks and Pyrotechnic Articles of 2013.

34

begin insert12559.2.end insert  

The Department of Toxic Substances Control shall
35develop and publish guidelines for the implementation of this
36chapter that include, but are not limited to, all of the following:

37(a) Standards for the proper handling, transport, and storage
38of fireworks that are hazardous materials for the purposes of this
39chapter.

P9    1(b) Standards for the proper handling, transport, and disposal
2of fireworks that are hazardous waste.

3(c) A definition of “commercially viable” for the purposes of
4this chapter that ensures that fireworks that should be disposed
5of as waste are not resold.

end insert
6begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 12599.5 is added to the end insertbegin insertHealth and Safety
7Code
end insert
begin insert, to read:end insert

begin insert
8

begin insert12599.5.end insert  

(a) Notwithstanding Sections 12599 and 12672, the
9State Fire Marshal shall issue separate one-time retail licenses
10pursuant to this section that shall authorize the retail sale of safe
11and sane fireworks within this state only from 9 a.m. on December
1226 to 11:59 p.m. on January 1 of the following year, inclusive. A
13license issued pursuant to this section shall be valid for only that
14seven-day period and shall then expire. All fireworks sold pursuant
15to a license issued pursuant to this section shall have been certified
16as safe and sane by the State Fire Marshal on or before June 15
17of the year in which the validity of the license commences. No
18other license issued pursuant to this chapter shall authorize the
19sale of fireworks during that period.

20(b) A retail license shall not be issued for the license period
21authorized by this section unless the charter city, city, county, fire
22protection district, or city and county having jurisdiction over the
23fixed location where the fireworks would be sold adopts an
24ordinance or resolution allowing that sale, and the application
25for that license is received by the State Fire Marshal on or before
26December 15 of the year in which the validity of the license is to
27commence. The ordinance or resolution authorizing the sale of
28those fireworks may limit the period of use of those fireworks to
29specified days and hours within the period during which the sale
30is authorized by this section.

31(c) This section shall become operative on January 1, 2017.

end insert
32begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 12619 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert

34

12619.  

All import and export licensees shall file a notice with
35the State Fire Marshal prior to the arrival of any class of fireworks
36subject to the license he holds. The notice shall state all of the
37following:

38(a)  Estimated date of arrival.

39(b)  Type, kind, and quantity of fireworks.

40(c)  Name of carrier.

P10   1(d)  Point of origin and bill of lading number.

2(e)  Name and address of consignee.

3(f)  Load number or other identification carton marks.

begin insert

4(g) On and after January 1, 2019, verification of compliance
5with Section 12558, and any regulations adopted pursuant to
6Section 12558.

end insert
7begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 12635.5 is added to the end insertbegin insertHealth and Safety
8Code
end insert
begin insert, to read:end insert

begin insert
9

begin insert12635.5.end insert  

(a) A charter city, city, county, fire protection district,
10or city and county that adopts an ordinance or resolution pursuant
11to Section 12599 or 12599.5 may, through adoption of an
12ordinance or resolution by the governing body, require each
13applicant receiving a permit to pay a fee to the charter city, city,
14county, fire protection district, or city and county of a pro rata
15portion of the actual and reasonable costs the charter city, city,
16county, fire protection district, or city and county incurs that is
17related to any of the following:

18(1) Processing and issuing permits.

19(2) Inspection of fireworks stands.

20(3) Public education and awareness campaigns regarding the
21safe and responsible use of safe and sane fireworks, and the
22dangers and risks posed by the use of illegal fireworks.

23(4) Enforcing the provisions of the code of the charter city, city,
24county, fire protection district, or city and county with respect to
25the sale and use of safe and sane fireworks, including extra
26personnel time and cleanup of the fireworks trash and debris.
27“Extra personnel time” means employee or contracted employee
28time that the charter city, city, county, fire protection district, or
29city and county would not otherwise incur but for the sale and use
30of safe and sane fireworks.

31(5) Fire operation and suppression efforts that are directly
32related to safe and sane fireworks.

33(b) The pro rata share of the costs shall be specified in the
34ordinance or resolution and calculated using gross sales as shown
35on each permittee’s sales and use tax return for the applicable
36period. The pro rata share of costs shall not exceed 7 percent of
37the gross sales of the fireworks sold in the charter city, city, county,
38fire protection district, or city and county during the applicable
39period. A cost recovery ordinance or resolution in effect on or
40before January 1, 2015, may supersede this subdivision.

end insert
P11   1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 12723 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

12723.  

The authority seizingbegin delete anyend delete fireworks underbegin delete the provisions
4ofend delete
this chapter shall notify the State Fire Marshal not more than
5three days following the date of seizure and shall state the reason
6for the seizure and the quantity, type, and location of the fireworks.
7Any fireworks, with the exception of dangerous fireworks, seized
8pursuant to Section 12721 shall bebegin delete disposed ofend deletebegin insert managedend insert by the
9State Firebegin delete Marshalend deletebegin insert Marshal, the authority seizing the fireworks,
10or the authority’s contract designeeend insert
in the manner prescribed by
11the State Fire Marshal at any time subsequent to 60 days from the
12seizure or 10 days from the final termination of proceedings under
13begin delete the provisions ofend delete Section 12593 orbegin delete Sectionend delete 12724, whichever is
14later. Dangerous fireworks shall bebegin delete disposed ofend deletebegin insert managedend insert according
15to procedures in Sections 12724 and 12726.begin delete Any fireworks seized
16by any authority as defined in this chapter, other than the State
17Fire Marshal or his or her salaried assistants, shall be held in trust
18for the State Fire Marshal by that authority.end delete

19begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 12724 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

12724.  

(a) begin deleteAny end deletebegin insertA end insertperson whose fireworks are seized under
22begin delete the provisions ofend delete this chapter may, within 10 days after seizure,
23petition the State Firebegin delete Marshalend deletebegin insert Marshal, or the authority seizing
24the fireworks,end insert
to return the fireworks seized upon the ground that
25the fireworks were illegally or erroneously seized.begin delete Anyend deletebegin insert Aend insert petition
26filed pursuant to this section shall be considered by the State Fire
27begin delete Marshalend deletebegin insert Marshal, or the authority seizing the fireworks,end insert within
2815 days after filing or after a hearing granted to the petitioner, if
29requested. The State Firebegin delete Marshalend deletebegin insert Marshal, or the authority seizing
30the fireworks,end insert
shall advise the petitioner of his or herbegin insert or itsend insert decision
31in writing. The determination of the State Firebegin delete Marshalend deletebegin insert Marshal,
32or the authority seizing the fireworks,end insert
is final unless within 60
33days after seizure an action is commenced in a court of competent
34jurisdiction in the State of California for the recovery of the
35fireworks seized pursuant to this part, except as provided in
36subdivision (b).

37(b)  The determination of the State Firebegin delete Marshalend deletebegin insert Marshal, or
38the authority seizing the fireworks,end insert
is final in the case of the seizure
39of dangerous fireworks, unless within 20 days after the notice of
40the determination is mailed to the petitioner an action is
P12   1commenced in a court of competent jurisdiction in the State of
2California for the recovery of the fireworks seized pursuant to this
3part.

4begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 12726 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert

6

12726.  

(a) The dangerous fireworks seized pursuant to this
7part shall bebegin delete disposedend deletebegin insert managedend insert of by the State Firebegin delete Marshalend delete
8begin insert Marshal, the authority seizing the fireworks, or the authority’s
9contract designee,end insert
in the manner prescribed by the State Fire
10Marshal at any time after the final determination of proceedings
11under Section 12724, or upon final termination of proceedings
12under Section 12593, whichever is later. If no proceedings are
13commenced pursuant to Section 12724, the State Firebegin delete Marshalend delete
14begin insert Marshal, the authority seizing the fireworks, or the authority’s
15contract designee,end insert
maybegin insert repurpose,end insert disposebegin delete ofend deletebegin insert of, or both,end insert the
16fireworks after all of the following 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
22bebegin delete destroyed.end deletebegin insert repurposed, disposed of, or both.end insert

23(4) The State Fire Marshal has given written approval for the
24begin delete destructionend deletebegin insert repurposing, disposal, or both,end insert of the dangerous
25fireworks. This approval shall specify the total weight of the
26dangerous fireworks seized, the total weight of the dangerous
27fireworks to be destroyed, and the total weight of the dangerous
28fireworks not to be destroyed.

begin delete end deletebegin delete

29(b) To carry out the purposes of this section, the State Fire
30Marshal shall acquire and use statewide mobile dangerous
31fireworks destruction units to collect and destroy seized dangerous
32fireworks from local and state agencies.

end delete
begin delete end deletebegin delete

33(c)

end delete

34begin insert(b)end insert If dangerous fireworks are seized pursuant to a local
35ordinance that provides for administrative fines or penalties and
36these fines or penalties are collected, the local government entity
37collecting the fines or penalties shall forwardbegin delete 65end deletebegin insert 25end insert percent of the
38collected moneys to the Controller for deposit in the State Fire
39Marshal Fireworks Enforcement and Disposal Fund, as described
40in Section 12728.

P13   1begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 15301 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

15301.  

begin insert(a)end insertbegin insertend insertThe Department of Motor Vehicles, in conjunction
4with the State Fire Marshal, shall develop regulations and
5procedures to temporarily suspend the commercial motor vehicle
6license of a person who is operating a commercial motor vehicle
7while transporting dangerous fireworks having a gross weight of
810,000 pounds or more.begin delete Aend delete

9begin insert(b)end insertbegin insertend insertbegin insertAend insert driver of a commercial motor vehicle shall not operate a
10commercial motor vehicle for three years if the driver is convicted
11of transporting dangerous fireworks having a gross weight of
1210,000 pounds or more.

begin insert

13(c) This section shall not apply to a person who holds, and is
14operating within the scope of, a valid license as described in
15Section 12516 of the Health and Safety Code or a valid permit as
16described in Section 12522 of the Health and Safety Code.

end insert
17begin insert

begin insertSEC. 12.end insert  

end insert
begin insert

The provisions of this act are severable. If any
18provisions of this act or its application is held invalid pursuant to
19the federal Resource Conservation and Recovery Act, that
20invalidity shall not affect other provisions or applications that can
21be given effect without the invalid provision or application.

end insert
22begin insert

begin insertSEC. 13.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
23to Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.

end insert
begin delete31

SECTION 1.  

Section 44052 of the Health and Safety Code is
32amended to read:

33

44052.  

(a) If a citation lists more than one violation, the
34amount of the civil penalty or administrative fine assessed shall
35be stated separately for each statute and regulation violated.

36(b) If a citation lists more than one violation arising from a
37single inspection or repair of a motor vehicle, the total penalties
38assessed shall not exceed five thousand dollars ($5,000).

end delete


O

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