BILL NUMBER: SB 777INTRODUCED 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.