BILL NUMBER: SB 777 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Calderon
FEBRUARY 22, 2013
An act to add Section 13084 to the Government Code, to amend
Sections 12556, 12726, 25147.7, and 25205.3 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 fireworks public safety .
LEGISLATIVE COUNSEL'S DIGEST
SB 777, as amended, Calderon. Fireworks.
Public safety: 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 require the State Fire Marshal, by January 1,
2015, to establish and have operational regional collection centers
for the purpose of receiving seized safe and sane and federally
approved fireworks. The bill would authorize the State Fire Marshal
to permit a recognized 3rd party testing entity, as defined, to
purchase any fireworks the entity deems to be commercially viable.
The bill would require the fireworks stored at the regional
collection facility to be subject to certain requirements, including
that they be stored for a period of not more than 90 days.
This bill would authorize, beginning January 1, 2015, 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 by creating new crimes.
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, on or
before January 1, 2015, 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.
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.
This bill would delete this provision.
Existing law imposes various fees and charges upon the management
of hazardous waste, which money is deposited in the Hazardous Waste
Control Account in the General Fund and is available, upon
appropriation by the Legislature, for, among other things, hazardous
waste management. These fees and charges are generally not applicable
to hazardous wastes generated or disposed of by public agencies or
as part of a public program, or to hazardous waste management
facilities that are affiliated with a public agency or public
program, as specified.
This bill would include within the list of hazardous wastes and
facilities that are not subject to the above fees and charges (1)
hazardous waste that results from the seizure or destruction of
illegal fireworks by the State Fire Marshal or other authorized
government fire protection agency and (2) a mobile fireworks
treatment unit used by the State Fire Marshal to destroy illegal
fireworks.
The bill would require, on or before January 1, 2015, 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.
Existing law requires the Department of Motor Vehicles to suspend
the commercial license of a person transporting dangerous fireworks,
as specified.
This bill would clarify that those provisions do not apply to a
person with a valid license under the State Fireworks Law, as
specified.
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.
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, the director to create a plan for
modifying the budget process to increase efficiency and focus on
accomplishing program goals. The bill would require the plan to
include certain things, including ways to ensure transparency about
program goals, outcomes, and funding.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13084 is added to the
Government Code , to read:
13084. (a) For purposes of monitoring the budgets of the
Department of Forestry and Fire Protection and the Department of
Toxic Substances Control, the director shall create a plan for
modifying the budget process to increase efficiency and focus on
accomplishing program goals. The plan shall be developed in
collaboration with the Director of the Department of Forestry and the
Director of the Department of Toxic Substances Control.
(b) The plan shall include all of the following:
(1) A strategy to incorporate program evaluation methods into the
budget process for selected activities and programs. These methods
shall include zero-based budgeting, performance measures, strategic
planning, audits, cost-benefit analyses, and program reviews.
(2) Ways to ensure transparency about program goals, outcomes, and
funding.
(3) A process for collaborating with the Legislature, particularly
in establishing program goals and measuring program outcomes.
(4) A structure to work with local governments to develop methods
to measure and evaluate performance of state-funded, locally
administered programs.
(5) An implementation timeline beginning with the release of the
2014-2015 Governor's Budget.
SEC. 2. Section 12556 of the Health and
Safety Code is amended to read:
12556. (a) In addition to the obligations
described in Section 13110.5, on or before July 1, 2008, the State
Fire Marshal shall identify and evaluate methods to capture more
detailed data relating to fires, damages, and injuries caused by both
dangerous fireworks and safe and sane fireworks. These evaluation
methods shall include a cost analysis related to capturing and
reporting the data and shall meet or exceed the specificity, detail,
and reliability of the data captured under the former California Fire
Incident Reporting System (CFIRS). The State Fire Marshal shall
furnish a copy of these evaluation methods to any interested person
upon request.
(b) On or before January 1, 2015, the State Fire Marshal shall
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.
SEC. 3. Chapter 3.5 (commencing with Section
12559) is added to Part 2 of Division 11 of the Health and
Safety Code , to read:
CHAPTER 3.5. FIREWORKS SELL-BACK PROGRAM
12559. (a) By January 1, 2015, the State Fire Marshal shall
establish and have operational regional collection centers for
purposes of receiving seized safe and sane fireworks and federally
approved consumer fireworks by local authorities.
(b) The regional collection centers shall be located throughout
the state in an amount and in locations determined by the State Fire
Marshal.
12559.1. (a) Notwithstanding any other law, including Sections
12723 and 12726, a local authority or the State Fire Marshal may
transfer seized safe and sane fireworks and federally approved
fireworks to a regional collection center.
(b) Notwithstanding any other law, safe and safe or federally
approved fireworks transferred to a regional collection center shall
be deemed "hazardous material" until a recognized third party testing
entity makes the determination pursuant to subdivision (c).
(c) (1) The State Fire Marshal is authorized to permit a
recognized third party testing entity to enter the regional
collection center for purposes of determining whether any seized
fireworks are either commercially viable or hazardous waste.
(2) Any firework deemed commercially viable may be repackaged by
the State Fire Marshal or the Marshal's designee, including, but not
limited to, a state licensed fireworks importer or exporter, a
wholesaler purchasing the product pursuant to subdivision (d), the
recognized third party testing authority, or a licensed hazardous
materials or hazardous waste hauler.
(3) Any product deemed not commercially viable by the third party
testing authority shall be removed from the regional collection
center by the State Fire Marshal or the Marshal's designee and
transported and disposed of within 72 hours of the determination in
accordance with existing state and federal laws and regulations
relating to the transportation and disposal of hazardous waste.
(d) The State Fire Marshal shall authorize the recognized third
party testing entity to purchase any fireworks it deems to be
commercially viable.
(e) For purposes of this section, "recognized third party testing
entity" means a California licensed fireworks wholesaler or a
California licensed fireworks importer or exporter.
12559.2. Any fireworks stored at a regional collection center
shall be subject to the requirements of the National Fire Protection
Association (NFPA) 1124: Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of
2013, and may be stored for a period not to exceed 90 days. The
regional collection centers shall be deemed exempt facilities under
subdivision (b) of Section 25123.3 and Title 22 of the California
Code of Regulations.
12559.3. The State Fire Marshal shall train local fire and law
enforcement personnel on the requirements of this chapter.
SEC. 4. Section 12599.5 is added to the
Health and Safety Code , to read:
12599.5. (a) Notwithstanding Sections 12599 and 12672, the State
Fire Marshal shall issue separate one-time retail licenses pursuant
to this section that shall authorize the retail sale of safe and sane
fireworks within this state only from 9 a.m. on December 26 to 11:59
p.m. on January 1 of the following year, inclusive. A license issued
pursuant to this section shall be valid for only one seven-day
period and shall expire at the end of the period for which it is
valid. All fireworks sold pursuant to a license issued pursuant to
this section shall have been certified as safe and sane by the State
Fire Marshal on or before June 15 of the year in which the validity
of the license commences. No other license issued pursuant to this
chapter shall authorize the sale of fireworks during that period.
(b) A retail license shall not be issued for the license period
authorized by this section unless the charter city, city, county,
fire district, or city and county having jurisdiction over the fixed
location where the fireworks would be sold adopts an ordinance or
resolution allowing that sale, and the application for that license
is received by the State Fire Marshal on or before December 15 of the
year in which the validity of the license is to commence. The
ordinance or resolution authorizing the sale of those fireworks may
limit the period of use of those fireworks to specified days and
hours within the period during which the sale is authorized by this
section.
(c) This section shall become operative on January 1, 2015.
SEC. 5. Section 12635.5 is added to the
Health and Safety Code , to read:
12635.5. (a) A charter city, city, county, fire protection
district, or city and county that adopts an ordinance or resolution
pursuant to Section 12599 or 12599.5 may, through adoption of an
ordinance or resolution by the governing body, require each applicant
receiving a permit to pay a fee to the charter city, city, county,
fire district, or city and county of a pro rata portion of the actual
and reasonable costs the charter city, city, county, fire protection
district, or city and county incurs on or before January 1, 2015,
related to any of the following:
(1) Processing and issuing permits.
(2) Inspection of fireworks stands.
(3) Public education and awareness campaigns regarding the safe
and responsible use of safe and sane fireworks, and the dangers and
risks posed by the use of illegal fireworks.
(4) Enforcing the provisions of the code of the charter city,
city, county, fire protection district, or city and county with
respect to the sale and use of safe and sane fireworks, including
extra personnel time and cleanup of the fireworks trash and debris.
"Extra personnel time" means employee or contracted employee time
that the charter city, city, county, fire protection district, or
city and county would not otherwise incur but for the sale and use of
safe and sane fireworks.
(5) Fire operation and suppression efforts that are directly
related to safe and sane fireworks.
(b) The pro rata share of the costs shall be specified in the
ordinance or resolution and calculated using gross sales as shown on
each permittee's sales and use tax return for the applicable period.
The pro rata share of costs shall not exceed 7 percent of the gross
sales of the fireworks sold in the charter city, city, county, fire
protection district, or city and county during the applicable period.
A cost recovery ordinance or resolution in effect on or before
January 1, 2015, may supersede this subdivision.
SEC. 6. Section 12726 of the Health and
Safety Code is amended to read:
12726. (a) The dangerous fireworks seized pursuant to this part
shall be disposed of by the State Fire Marshal in the manner
prescribed by the State Fire Marshal at any time after the final
determination of proceedings under Section 12724, or upon final
termination of proceedings under Section 12593, whichever is later.
If no proceedings are commenced pursuant to Section 12724, the State
Fire Marshal may dispose of the fireworks after all of the following
requirements are satisfied:
(1) A random sampling of the dangerous fireworks has been taken,
as defined by regulations adopted by the State Fire Marshal pursuant
to Section 12552.
(2) The analysis of the random sampling has been completed.
(3) Photographs have been taken of the dangerous fireworks to be
destroyed.
(4) The State Fire Marshal has given written approval for the
destruction of the dangerous fireworks. This approval shall specify
the total weight of the dangerous fireworks seized, the total weight
of the dangerous fireworks to be destroyed, and the total weight of
the dangerous fireworks not to be destroyed.
(b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
(c) 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 percent of the
collected moneys to the Controller for deposit in the State Fire
Marshal Fireworks Enforcement and Disposal Fund, as described in
Section 12728.
SEC. 7. Section 25174.7 of the Health
and Safety Code is amended to read:
25174.7. (a) The fees provided for in Sections 25174.1 and
25205.5 do not apply to any of the following:
(1) Hazardous wastes which that
result when a government agency, or its contractor, removes or
remedies a release of hazardous waste in the state caused by another
person.
(2) Hazardous wastes generated or disposed of by a public agency
operating a household hazardous waste collection facility in the
state pursuant to Article 10.8 (commencing with Section 25218),
including, but not limited to, hazardous waste received from
conditionally exempt small quantity commercial generators, authorized
pursuant to Section 25218.3.
(3) Hazardous wastes generated or disposed of by local vector
control agencies which have entered into a cooperative agreement
pursuant to Section 116180 or by county agricultural commissioners,
if the hazardous wastes result from their control or regulatory
activities and if they comply with the requirements of this chapter
and regulations adopted pursuant thereto.
(4) Hazardous waste disposed of, or submitted for disposal or
treatment, by any person, which is discovered and separated from
solid waste as part of a load checking program.
(5) Hazardous waste that results from the seizure or destruction
of illegal fireworks by the State Fire Marshal or other authorized
government fire protection agency pursuant to Section 12721.
(b) Notwithstanding paragraph (1) of subdivision (a), any person
responsible for a release of hazardous waste, which has been removed
or remedied by a government agency, or its contractor, shall pay the
fee pursuant to Section 25174.1.
(c) Any person who acquires land for the sole purpose of
owner-occupied single-family residential use, and who acquires that
land without actual or constructive notice or knowledge that there is
a tank containing hazardous waste on or under that property, is
exempt from the fees imposed pursuant to Sections 25174.1 ,
and 25205.5 , and 25345, in
connection with the removal of the tank.
SEC. 8. Section 25205.3 of the Health
and Safety Code is amended to read:
25205.3. The following facilities are exempt from the fees
imposed by this article:
(a) Any household hazardous waste collection facility operated
pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency, or by any
person operating a hazardous waste collection program under an
agreement with a public agency, which is used for wastes which meet
the requirements of paragraph (3) of subdivision (a) of Section
25174.7.
(c) That portion of a solid waste facility permitted pursuant to
Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of
the Public Resources Code, which is used for the segregation,
handling, and storage of hazardous waste separated from solid waste
loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal,
or recycling of hazardous waste which results when a public agency or
its contractor investigates, removes, or remedies a release of
hazardous waste caused by another person.
(e) A mobile fireworks treatment unit used by the office of the
State Fire Marshal to destroy illegal fireworks pursuant to Section
12721.
(e)
(f) (1) For purposes of fees assessed in any reporting
period beginning July 1, 1990, or subsequently, a facility which has
been issued a permit for the purpose of storing hazardous waste
onsite, and whose permit has expired, if all of the following has
occurred:
(A) The facility has received no waste from offsite since the
permit expired.
(B) The owner or operator gave the department timely notification
of intent to close the facility, pursuant to regulations adopted by
the department.
(C) At least 90 days have elapsed since the owner or operator gave
the department that notification.
(D) The department did not complete its review of the closure plan
within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period
following the reporting period in which the facility first satisfied
the requirements of paragraph (1) and did not accumulate waste onsite
for more than 90 consecutive days.
SEC. 9. Section 15301 of the Vehicle
Code is amended to read:
15301. (a) The Department of Motor
Vehicles, in conjunction with the State Fire Marshal, shall develop
regulations and procedures to temporarily suspend the commercial
motor vehicle license of a person who is operating a commercial motor
vehicle while transporting dangerous fireworks having a gross weight
of 10,000 pounds or more. A
(b) A driver of a commercial
motor vehicle shall not operate a commercial motor vehicle for three
years if the driver is convicted of transporting dangerous fireworks
having a gross weight of 10,000 pounds or more.
(c) This section shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 of the Health and Safety Code or valid permit as described in
Section 12522 of the Health and Safety Code.
SEC. 10 . No reimbursement is required
by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.
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.