BILL NUMBER: SB 777 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 15, 2013
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Calderon
FEBRUARY 22, 2013
An act to amend Sections 12556 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, and making an appropriation therefor
safety .
LEGISLATIVE COUNSEL'S DIGEST
SB 777, as amended, Calderon. 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 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 revenue generated
from the sale of fireworks seized by a local authority to be
allocated by the State Fire Marshal to the seizing local authority
pursuant to an agreement, as provided, thereby making an
appropriation. 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 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. The bill
would require the Department of Toxic Substances Control to develop
and publish guidelines for the implementation of these provisions, as
provided.
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 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.
The bill would require, not later than 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, as provided.
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.
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.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) Not later than 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. The State Fire Marshal shall collect data
pursuant to a methodology developed in consultation with the State
Fire Marshal's General Fireworks Advisory Committee, which consists
of representatives from local fire service and law enforcement
agencies and the fireworks industry.
SEC. 2. 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 safe and sane fireworks and federally approved
consumer fireworks seized 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 Section 12723, and upon compliance
with Section 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. Any fireworks
transferred pursuant to this subdivision shall remain under the
ownership of the seizing local authority.
(b) Safe and sane or federally approved fireworks transferred to a
regional collection center shall be deemed "hazardous material"
until the State Fire Marshal, Department of Toxic Substances Control,
and a recognized third-party testing entity make 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 making a determination with the
State Fire Marshal and the Department of Toxic Substances Control as
to 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 State Fire Marshal's designee,
including, but not limited to, a state licensed fireworks importer
and 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 State Fire
Marshal, the Department of Toxic Substances Control, and the
third-party testing authority shall be removed from the regional
collection center by the State Fire Marshal or the State Fire Marshal'
s designee and transported and disposed of within 72 hours of the
determination in accordance with all federal and state hazardous
waste laws and regulations.
(d) (1) The State Fire Marshal shall authorize a state licensed
fireworks importer and exporter or wholesaler to purchase any
fireworks deemed to be commercially viable pursuant to subdivision
(c) from the State Fire Marshal. Revenue received from the sale
shall belong to the seizing local authority.
(2) The State Fire Marshal may enter into an agreement with a
local authority for purposes of allocating
sharing revenue from the sale of fireworks pursuant to
paragraph (1). Notwithstanding Section 12635, revenue
generated from the sale of the safe and sane or federally approved
fireworks seized by a local authority shall be allocated by the State
Fire Marshal to the seizing local authority pursuant to the
agreement. The State Fire Marshal The agreement
shall allocate no less than 65 percent of the revenues to that local
authority with the balance going to the state .
(e) For purposes of this section, "recognized third-party testing
entity" means an independent third-party testing entity recognized by
the federal Consumer Product Safety Commission as an acceptable
testing entity for consumer fireworks.
(f) Upon the purchase of fireworks, pursuant to this chapter, a
state-licensed fireworks importer and exporter or wholesaler shall
accept full liability for any damage done by the fireworks and the
State of California shall be indemnified.
12559.2. Any fireworks stored at a regional collection center
shall be subject to the requirements of Article 8 (commencing with
Section 989) of Chapter 6 of Title 19 of the California Code of
Regulations and 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 not be considered a storage
facility for purposes of subdivision (b) of Section 25123.3.
12559.3. (a) The State Fire Marshal and the Department of Toxic
Substances Control shall train local fire and law enforcement
personnel on the requirements of this chapter.
(b) The State Fire Marshal shall, in consultation with relevant
state and local public agencies, the fireworks industry, and other
relevant stakeholders, develop, publish, and provide necessary
guidance and training to local agencies that seize, collect,
transport, store, and treat seized fireworks. This training and
education may include, but is not limited to, the following specific
areas:
(1) Standards for the transportation, storage, and handling of
fireworks and pyrotechnic articles in accordance with Chapter 6
(commencing with Section 975) of Division 1 of Title 19 of the
California Code of Regulations and the National Fire Protection
Association (NFPA) 1124: Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of
2013.
(2) Recognition of explosive materials and isolation procedures in
accordance with Chapter 10 (commencing with Section 1550) of
Division 1 of Title 19 of the California Code of Regulations and the
National Fire Protection Association (NFPA) 495: Explosive Materials
Code of 2013.
(3) Recognition of commercial, consumer, and illegal fireworks in
accordance with Chapter 6 (commencing with Section 975) of Division 1
of Title 19 of the California Code of Regulations and the National
Fire Protection Association (NFPA) 1124: Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and
Pyrotechnic Articles of 2013.
12559.4. The Department of Toxic Substances Control shall develop
and publish guidelines for the implementation of this chapter that
includes, but is not limited to, the following specific areas:
(a) Standards for the proper handling, transport, and storage of
fireworks that are hazardous materials for the purposes of this
chapter.
(b) Standards for the proper handling, transport, and disposal of
fireworks that are hazardous waste.
(c) A determination of the type of facility that qualifies as a
regional collection center.
(d) A definition of "commercially viable" for the purposes of this
chapter that ensures that fireworks that should be disposed of as
waste are not resold.
SEC. 3. 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. 4. 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 that is 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. 5. 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.
SEC. 6. 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.
(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. 7. The provisions of this act are severable. If any provision
of this act or its application is held invalid pursuant to the
federal Resource Conservation and Recovery Act, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.
SEC. 8. 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 will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.