BILL NUMBER: SB 777 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 22, 2013
An act relating to fireworks.
LEGISLATIVE COUNSEL'S DIGEST
SB 777, as introduced, Calderon. 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 state that it is the intent of the Legislature to
enact subsequent legislation that would reform the state's response
to and management of the issue of dangerous, illegal fireworks by
requiring, among other things, the State Fire Marshal to review and
approve a plan to collect and analyze relevant data relating to
fires, damages, seizures, arrests, administrative citations, and
fireworks disposal issues caused by the sale and use of fireworks.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares the
following:
(a) California needs a multipronged, omnibus reform to update the
state's response to and management of dangerous, illegal fireworks.
The reform should address the following elements:
(1) Management and disposal of pyrotechnic products.
(2) Data collection regarding amounts and types of fireworks that
result in fires and injuries as well as those that are collected and
stored by local agencies across California.
(3) The degree of and need for an enhanced level of cooperation
and coordination between federal, state, and local public safety
agencies in the handling of these products.
(4) The level of training of local fire and law enforcement
personnel.
(5) Mandates on state agencies to identify alternative disposal
technologies and incentivizing the private sector to develop the
same.
(6) Assistance in maximizing full implementation of Chapter 563 of
the Statutes of 2007 (Senate Bill No. 839 of the 2007-08 Regular
Session; hereafter SB 839) in local jurisdictions as well as within
state agencies.
(7) The enactment of the cleanup and corrective language for
provisions enacted by SB 839 that was proposed in Senate Bill No.
1346 of the 2007-08 Regular Session, as amended April 1, 2008
(hereafter SB 1346).
(8) Efforts to identify and secure new avenues of General Fund and
special fund revenues to underwrite responsibilities associated with
these elements of reform.
(b) It is the intent of the Legislature to enact subsequent
legislation that would do the following:
(1) By an unspecified date, require the State Fire Marshal, by and
through its Fireworks Advisory Committee-approved National Fire
Incident Reporting Systems Fire Incident Software vendors, to review
and approve a plan to collect and analyze relevant data relating to
fires, damages, seizures, arrests, administrative citations, and
fireworks disposal issues caused by the sale and use of both
dangerous fireworks and safe and sane fireworks during the July 4 and
New Year periods.
(2) Relieve the Office of the State Fire Marshal of having the
sole responsibility to collect and destroy dangerous fireworks and
make appropriate changes in the Health and Safety Code, which may
include, but are not limited to, changes in Sections 12706, 12723,
12724, and 12726.
(3) Authorize local jurisdictions and their public safety agencies
to manage their own fireworks stockpile by adopting one or more of
the following approaches or provisions:
(A) Implementation of SB 839 by local governments to bolster
enforcement efforts and revenue generation.
(B) Implementation of a State Fire Marshal-approved disposal road
map for correct storage and disposal techniques and viable and safe
disposal and storage options that may include, but are not limited
to:
(i) Implementing regional systems by which to store dangerous
fireworks that are temporarily being held pending collection by an
authorized disposal entity.
(ii) Encouraging relationships with disposal companies to manage
the transportation and disposal of California's dangerous fireworks.
(iii) Authorizing local governments to resell or give back unused,
safely packaged fireworks to California licensed firework importers
and exporters, wholesalers, or both, subject to specified conditions.
(4) Improve and update training of local fire and law enforcement
personnel to enhance their knowledge of up-to-date fireworks and
explosive technologies.
(5) Improve information sharing between federal, state, and local
public safety agencies and the fireworks industry regarding explosive
materials and testing to enhance hazardous waste and hazardous
material classifications.
(6) Explore alternative disposal technologies, such as mobile
units and enhancement to current municipal waste incinerators, to
reduce the costs of shipping hazardous materials out of state.
(7) Enact cleanup and corrective language for provisions enacted
by SB 839 as proposed in SB 1346.
(8) Authorize a local jurisdiction to recover the costs that it
may incur for fire operation and suppression efforts directly related
to safe and sane fireworks.
(9) Reaffirm that the cost associated with disposal of illegal
fireworks is a General Fund responsibility and liability and
appropriate moneys to the budget of the State Fire Marshal or other
agencies accordingly.
(10) Reexamine the existing pyrotechnic license fee structure in
California and make recommendations, including for potential license
fee increases with mandatory biannual reviews and audits on these fee
amounts, examine how and where these license fees are being spent,
and examine whether the retail license fee should be converted to an
annual fee.
(11) Provide for a safe and sane fireworks sales period between
Christmas and New Year each year, subject to local option, that would
not become operative until the successful deployment of the enhanced
data collection and disposal provisions described in this section
are implemented.
(c) Consistent with Governor Brown's Executive Order B-13-11, it
is the intent of the Legislature to enact subsequent legislation that
would require performance measures, data collection, and program
oversight review necessary to assure the Governor, the public, and
stakeholders, that the revenues raised by both the existing as well
as the proposed fireworks license fees and General Fund
appropriations are being judiciously spent for the anticipated
deliverables.