AB 1403: Public safety: fireworks: enforcement: funding.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-07
Current Status:
Passed
(2023-10-07: Chaptered by Secretary of State - Chapter 368, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill tightens fireworks rules by redefining “safe and sane” fireworks to mean products approved by the U.S. Consumer Product Safety Commission and tested and certified by the State Fire Marshal, affecting manufacturers and sellers. It increases fines and criminal penalties for breaking fireworks laws, for possessing large amounts of dangerous fireworks, and for selling dangerous fireworks to anyone under 18. The bill also lets local governments charge permit holders a fee (up to 7% of gross fireworks sales) to cover inspection, cleanup, education, and enforcement costs, and requires the State Fire Marshal to collect data and provide guidance and training to local agencies on handling seized fireworks.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits any fireworks or pyrotechnic devices from being imported, sold, or offered for sale before the fireworks or devices have been examined and classified by the State Fire Marshal. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesalers license. Existing law makes it unlawful for a person to violate the State Fireworks Law or the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks without a valid permit, punishable by a fine or by imprisonment, as specified.
This bill would increase the amounts of the fines to be imposed for violating the State Fireworks Law or related regulation, would increase the amount of certain fines for possessing specified amounts of dangerous fireworks, and would increase the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years of age.
(2)The State Fireworks Law defines safe and sane fireworks to mean any fireworks that do not come within the definition of dangerous fireworks or exempt fireworks, as those terms are defined.
This bill would redefine safe and sane fireworks to instead mean any fireworks that have been approved by the United State Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal to meet and comply with specified regulations.
(3)The State Fireworks Law requires the State Fire Marshal, on or before July 1, 2008, to 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.
This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, 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. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics.
(4)The State Fireworks 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.
This bill would 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 permittees 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, 2024, would be authorized to supersede that provision.
(5)The State Fireworks Law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided.
This bill would require the State Fire Marshal to, 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, as provided. The bill would require the State Fire Marshal to train local fire and law enforcement personnel on fireworks enforcement, as provided.
(1)The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits any fireworks or pyrotechnic devices from being imported, sold, or offered for sale before the fireworks or devices have been examined and classified by the State Fire Marshal. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesalers license. Existing law makes it unlawful for a person to violate the State Fireworks Law or the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks without a valid permit, punishable by a fine or by imprisonment, as specified.
This bill would increase the amounts of the fines to be imposed for violating the State Fireworks Law or related regulation, would increase the amount of certain fines for possessing specified amounts of dangerous fireworks, and would increase the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years of age.
(2)The State Fireworks Law defines safe and sane fireworks to mean any fireworks that do not come within the definition of dangerous fireworks or exempt fireworks, as those terms are defined.
This bill would redefine safe and sane fireworks to instead mean any fireworks that have been approved by the United State Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal to meet and comply with specified regulations.
(3)The State Fireworks Law requires the State Fire Marshal, on or before July 1, 2008, to 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.
This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, 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. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics.
(4)The State Fireworks 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.
This bill would 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 permittees 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, 2024, would be authorized to supersede that provision.
(5)The State Fireworks Law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided.
This bill would require the State Fire Marshal to, 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, as provided. The bill would require the State Fire Marshal to train local fire and law enforcement personnel on fireworks enforcement, as provided.
(1)The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits any fireworks or pyrotechnic devices from being imported, sold, or offered for sale before the fireworks or devices have been examined and classified by the State Fire Marshal. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesalers license. Existing law makes it unlawful for a person to violate the State Fireworks Law and the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks, punishable by a fine or by imprisonment, as specified.
This bill would increase the amounts of the fines to be imposed for violating the State Fireworks Law or related regulation, would increase the amount of certain fines for possessing specified amounts of dangerous fireworks, and would increase the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years in age.
(2)The State Fireworks Law defines safe and sane fireworks to mean any fireworks that do not come within the definition of dangerous fireworks or exempt fireworks, as those terms are defined.
This bill would redefine safe and sane fireworks to instead mean any fireworks that have been approved by the United State Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal to meet and comply with specified regulations.
(1)Existing law requires(3)The State Fireworks Law requires the State Fire Marshal, on or before July 1, 2008, to 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.
This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, 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. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics.
(2)Existing law(4)The State Fireworks 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.
This bill would 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 permittees 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, 2024, would be authorized to supersede that provision.
(3)Existing law(5)The State Fireworks Law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided.
This bill would require the State Fire Marshal to, 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, as provided. The bill would require the State Fire Marshal and the Department of Toxic Substances Control to train local fire and law enforcement personnel on fireworks enforcement, as provided.
(1)Existing law requires the State Fire Marshal, on or before July 1, 2008, to 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.
This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, 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. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics.
(3)(2)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.
This bill would 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 permittees 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, 2024, would be authorized to supersede that provision.
(4)Existing law requires the State Fire Marshal, at least once a year, and in consultation with the Attorney General, to serve notice to any individual or business known to supply fireworks that any unauthorized shipments of fireworks into California will result in an immediate report to federal authorities with a request for any relevant federal prosecution.This bill would instead require the Attorney General to perform the above requirement, in consultation with the State Fire Marshal. The bill would specify that the notice described above would be served on individuals or businesses outside the State of California suspected by the State Fire Marshal of supplying or facilitating the supply of unauthorized shipments of dangerous fireworks into California, as provided.(5)(3)Existing law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided.
This bill would require the State Fire Marshal to, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, develop, publish, and provide necessary guidance and training agencies to local agencies that seize, collect, transport, store, and treat seized fireworks, as provided. The bill would require the State Fire Marshal and the Department of Toxic Substances Control to train local fire and law enforcement personnel on fireworks enforcement, as provided.
(6)Existing law establishes the State Fire Marshal Fireworks Enforcement and Disposal Fund for the purposes of supporting statewide programs for the enforcement, prosecution related to, disposal, and management of seized dangerous fireworks, and for the education of public safety agencies in the proper handling and management of dangerous fireworks.This bill would establish the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund in the State Treasury and would require all moneys transferred to the fund to be used by the State Fire Marshal to assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.The bill would require the California Department of Tax and Fee Administration (CDTFA), in consultation with the Office of the State Fire Marshal, to estimate by March 31, 2025, the gross receipts for sales and use tax purposes from the sale of fireworks in the state for the 202425 fiscal year, as specified. The bill would require that an amount equal to 2.5% of the estimated amount, or $1,800,000, whichever is greater, be included in the Governors revised budget in May 2025 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, as specified. The bill would repeal these provisions on December 31, 2031.The bill would require, before September 1, 2024, and each September 1 thereafter, certain local agencies that issue a sales permit or license to sell fireworks to annually submit to the CDTFA the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. By imposing new reporting requirements on certain local agencies, the bill would impose a state-mandated local program. The bill would require the CDTFA to report the total gross receipts from the sale of fireworks for the prior fiscal year to the Department of Finance on or before November 1 of each year. The bill would require the CDTFA to report to the Department of Finance an amount equal to 2.5% of the total amount of gross receipts for the prior fiscal year, but not to exceed $1,800,000. The bill would require an amount equivalent to the reported amount to be included in the next annual Governors Budget for the State Fire Marshal for transfer to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, and to be continuously appropriated and available to be allocated for specified fireworks enforcement programs.By creating a new continuously appropriated fund, the bill would make an appropriation.(7)For purposes of the above provisions and other laws relating to fireworks, existing law defines fireworks and safe and sane fireworks as provided.This bill would revise the definitions of fireworks and safe and sane fireworks, as provided.(8)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(1)Existing law provides that it is unlawful for any person to sell, or offer for sale, safe and sane fireworks, as defined, at any time outside of specified periods of time.
This bill would provide that it is not unlawful for any person to sell, or offer for sale, novelties, except as provided. The bill would define novelties to mean those devices containing small amounts of chemical composition, which are designed to produce limited visual, motion, or audible effects, as provided.
(2)Existing law requires the State Fire Marshal, on or before July 1, 2008, to 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.
This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, 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.
(3)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.
This bill would 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 permittees 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, 2024, would be authorized to supersede that provision.
(4)Existing law requires the State Fire Marshal, at least once a year, and in consultation with the Attorney General, to serve notice to any individual or business known to supply fireworks that any unauthorized shipments of fireworks into California will result in an immediate report to federal authorities with a request for any relevant federal prosecution.
This bill would instead require the Attorney General to perform the above requirement, in consultation with the State Fire Marshal. The bill would specify that the notice described above would be served on individuals or businesses outside the State of California suspected by the State Fire Marshal of supplying or facilitating the supply of unauthorized shipments of dangerous fireworks into California, as provided.
(5)Existing law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided.
This bill would require the State Fire Marshal to, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, develop, publish, and provide necessary guidance and training agencies to local agencies that seize, collect, transport, store, and treat seized fireworks, as provided. The bill would require the State Fire Marshal and the Department of Toxic Substances Control to train local fire and law enforcement personnel on fireworks enforcement, as provided.
(6)Existing law establishes the State Fire Marshal Fireworks Enforcement and Disposal Fund for the purposes of supporting statewide programs for the enforcement, prosecution related to, disposal, and management of seized dangerous fireworks, and for the education of public safety agencies in the proper handling and management of dangerous fireworks.
This bill would establish the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund in the State Treasury and would require all moneys transferred to the fund to be used by the State Fire Marshal to assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.
The bill would require the California Department of Tax and Fee Administration (CDTFA), in consultation with the Office of the State Fire Marshal, to estimate by March 31, 2025, the gross receipts for sales and use tax purposes from the sale of fireworks in the state for the 202425 fiscal year, as specified. The bill would require that an amount equal to 2.5% of the estimated amount, or $1,800,000, whichever is greater, be included in the Governors revised budget in May 2025 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, as specified. The bill would repeal these provisions on December 31, 2031.
The bill would require, before September 1, 2024, and each September 1 thereafter, certain local agencies that issue a sales permit or license to sell fireworks to annually submit to the CDTFA the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. By imposing new reporting requirements on certain local agencies, the bill would impose a state-mandated local program. The bill would require the CDTFA to report the total gross receipts from the sale of fireworks for the prior fiscal year to the Department of Finance on or before November 1 of each year. The bill would require the CDTFA to report to the Department of Finance an amount equal to 2.5% of the total amount of gross receipts for the prior fiscal year, but not to exceed $1,800,000. The bill would require an amount equivalent to the reported amount to be included in the next annual Governors Budget for the State Fire Marshal for transfer to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, and to be continuously appropriated and available to be allocated for specified fireworks enforcement programs.
By creating a new continuously appropriated fund, the bill would make an appropriation.
(7)For purposes of the above provisions and other laws relating to fireworks, existing law defines fireworks and safe and sane fireworks as provided.
This bill would revise the definitions of fireworks and safe and sane fireworks, as provided.
(8)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Safe and sane fireworks means any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations, as it reads on July 1, 2023.
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, 2024, 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, 2025, 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 Marshals General Fireworks Advisory Committee.
(c)(1)On or before January 1, 2025, the State Fire Marshal shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following:
(A)The seizure, collection, transportation, and storage of seized fireworks.
(B)The enforcement of statewide programs concerning illegal and dangerous fireworks.
(C)Prosecution related to seized fireworks.
(D)Investigations of illegal and dangerous fireworks.
(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
SEC. 3.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 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 protection 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 permittees 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, 2024, may supersede this subdivision.
SEC. 4.Section 12700 of the Health and Safety Code is amended to read:12700.(a)Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.
(b)A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1)A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.
(2)A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(3)A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(4)A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.
(c)Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.
SEC. 5.Section 12702 of the Health and Safety Code is amended to read:12702.Notwithstanding Section 12700:
(a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.
(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
SEC. 6.Section 12726.1 is added to the Health and Safety Code, to read:12726.1.(a)Subject to an appropriation by the Legislature, the State Fire Marshal 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 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 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 495: Explosive Materials Code of 2013.
(3)Recognition of commercial, consumer, and illegal fireworks in accordance with Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of 2013.
Safe and sane fireworks means any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations, as it reads on July 1, 2023.
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, 2024, 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, 2025, 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 Marshals General Fireworks Advisory Committee.
(c)(1)On or before January 1, 2025, the State Fire Marshal shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following:
(A)The seizure, collection, transportation, and storage of seized fireworks.
(B)The enforcement of statewide programs concerning illegal and dangerous fireworks.
(C)Prosecution related to seized fireworks.
(D)Investigations of illegal and dangerous fireworks.
(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
SEC. 3.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 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 protection 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 permittees 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, 2024, may supersede this subdivision.
SEC. 4.Section 12700 of the Health and Safety Code is amended to read:12700.(a)Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.
(b)A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1)A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.
(2)A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(3)A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(4)A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.
(c)Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.
SEC. 5.Section 12702 of the Health and Safety Code is amended to read:12702.Notwithstanding Section 12700:
(a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.
(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
SEC. 6.Section 12726.1 is added to the Health and Safety Code, to read:12726.1.(a)Subject to an appropriation by the Legislature, the State Fire Marshal 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 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 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 495: Explosive Materials Code of 2013.
(3)Recognition of commercial, consumer, and illegal fireworks in accordance with Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of 2013.
Safe and sane fireworks means any fireworks which do not come within the definition of dangerous fireworks or exempt fireworks. that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations, as it reads on July 1, 2023.
SECTION 1.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, 2024, 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, 2025, 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 Marshals General Fireworks Advisory Committee.
(c)(1)On or before January 1, 2025, the State Fire Marshal shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following:
(A)The seizure, collection, transportation, and storage of seized fireworks.
(B)The enforcement of statewide programs concerning illegal and dangerous fireworks.
(C)Prosecution related to seized fireworks.
(D)Investigations of illegal and dangerous fireworks.
(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
SEC. 2.SEC. 3.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 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 protection 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 permittees 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, 2024, may supersede this subdivision.
SEC. 4.Section 12700 of the Health and Safety Code is amended to read:12700.(a)Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.
(b)A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1)A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than one thousand dollars ($1,000) two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.
(2)A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(3)A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(4)A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000), twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.
(c)Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.
SEC. 5.Section 12702 of the Health and Safety Code is amended to read:12702.Notwithstanding the provisions of Section 12700:
(a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.
(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5,000), ten thousand dollars ($10,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
SEC. 3.SEC. 6.Section 12726.1 is added to the Health and Safety Code, to read:12726.1.(a)Subject to an appropriation by the Legislature, 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 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 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 495: Explosive Materials Code of 2013.
(3)Recognition of commercial, consumer, and illegal fireworks in accordance with Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of 2013.
(a)In addition to the obligations described in Section 13110.5, on or before July 1, 2024, 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, 2025, 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 Marshals General Fireworks Advisory Committee.
(c)(1)On or before January 1, 2025, the State Fire Marshal shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following:
(A)The seizure, collection, transportation, and storage of seized fireworks.
(B)The enforcement of statewide programs concerning illegal and dangerous fireworks.
(C)Prosecution related to seized fireworks.
(D)Investigations of illegal and dangerous fireworks.
(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
SEC. 5.Section 12567.1 is added to the Health and Safety Code, to read:12567.1.Any pyrotechnic device examined by the State Fire Marshal and found by the State Fire Marshal to come within the definition of novelties, as defined in Section 12520.1, shall be classified as novelties.SEC. 6.SEC. 2.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 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 protection 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 permittees 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, 2024, may supersede this subdivision.
SEC. 7.Section 12672.1 is added to the Health and Safety Code, to read:12672.1.It shall not be unlawful for any person to sell, or offer for sale, novelties, as defined in Section 12520.1, at any time, unless restricted by local ordinance or any provision of Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations.SEC. 8.Section 12704 of the Health and Safety Code is amended to read:12704.The Attorney General, at least once a year and in consultation with the State Fire Marshal, shall serve notice to any individual or business outside of California, suspected by the State Fire Marshal of supplying or facilitating the supply of any unauthorized shipments of dangerous fireworks into California that those actions will result in an immediate report to federal authorities with a request for any relevant federal prosecution under federal statutes, including the federal Racketeer Influenced and Corrupt Organization Act (Chapter 96 (commencing with Section 1961) of Title 18 of the United States Code), and where applicable, may result in state civil or criminal prosecution.SEC. 9.SEC. 3.Section 12726.1 is added to the Health and Safety Code, to read:12726.1.(a)The Subject to an appropriation by the Legislature, 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 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 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 495: Explosive Materials Code of 2013.
(3)Recognition of commercial, consumer, and illegal fireworks in accordance with Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of 2013.
SEC. 10.Section 12728.1 is added to the Health and Safety Code, to read:12728.1.(a)The State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund is hereby established in the State Treasury.(b)All of the moneys transferred to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund by the Controller pursuant to Sections 12728.2 and 12728.3 shall be used by the State Fire Marshal to further assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.SEC. 11.Section 12728.2 is added to the Health and Safety Code, to read:12728.2.(a)The California Department of Tax and Fee Administration (CDTFA) shall, in consultation with the Office of the State Fire Marshal, estimate the gross receipts for sales and use tax purposes from the sale of fireworks in the state by holders of a sellers permit to sell fireworks for the 202425 fiscal year by March 31, 2025, based on the third and fourth quarters of 2024.(b)An amount equal to 2.5 percent of the estimated amount described in subdivision (a), or an amount no greater than one million eight hundred thousand dollars ($1,800,000), whichever is greater, shall be included in the Governors revised budget in May 2025 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund pursuant to Section 12728.1.(c)No later than 10 days after the enactment of the 202526 Budget Act, the amount appropriated by the Legislature to the State Fire Marshal pursuant to this section shall be transferred by the Controller to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund to further assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.(d)The CDTFA shall be paid the actual cost for administering this section from the funds appropriated before any allocation is made to the State Fire Marshal.(e)This section shall remain in effect only until December 31, 2031, and as of that date is repealed.SEC. 12.Section 12728.3 is added to the Health and Safety Code, to read:12728.3.(a)For purposes of this section, district has the same meaning as in Section 7252 of the Revenue and Taxation Code.(b)(1) Before September 1, 2024, and each September 1 thereafter, districts that issue a sales permit or license to sell fireworks shall annually submit to the California Department of Tax and Fee Administration (CDTFA) the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. For those districts that have contracted with the CDTFA to administer data collection for sales and use tax purposes, the CDTFA shall also note the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year.(2)The CDTFA shall report the amount of the total gross receipts for the prior fiscal year, as described in paragraph (1), to the Department of Finance on or before November 1 of each year.(3)The CDTFA may add a line to a current return form, or develop a separate form, for use by districts in submitting the information described in paragraph (1).(c)The total gross receipts described in paragraph (1) of subdivision (b) shall be subject to review by the CDTFA for errors. The review may be a review of a sample of reported amounts submitted by districts. The CDTFA shall note any errors identified in the review and the approximate impact of those errors on the total gross receipts in its report to the Department of Finance described in paragraph (2) of subdivision (b) to allow an adjusted total gross receipt amount to be determined.(d)(1) The CDTFA shall report to the Department of Finance an amount equal to 2.5 percent of the total amount of gross receipts described in paragraph (2) of subdivision (b) for the prior fiscal year, but not to exceed one million eight hundred thousand dollars ($1,800,000).(2)An amount equivalent to the amount reported in paragraph (1) shall be included in the next annual Governors Budget for the State Fire Marshal for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund pursuant to Section 12728.1.(e)No later than 10 days after the enactment of the annual Budget Act, the amount appropriated by the Legislature to the State Fire Marshal pursuant to this section shall be transferred by the Controller to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund and shall be continuously appropriated and available to be allocated pursuant to Section 12728.1.(f)The CDTFA shall be paid the actual cost for administering this section from the funds appropriated before any allocation is made to the State Fire Marshal.SEC. 13.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)Fireworks means any a device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which that are useful as pyrotechnic devices or for entertainment.
The(b)The term fireworks includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.
SEC. 2.Section 12520.1 is added to the Health and Safety Code, to read:12520.1.Novelties means any devices containing small amounts of chemical composition, which are designed to produce limited visual, motion, or audible effects. The term novelties includes, but is not limited to, paper caps, party poppers, and snap caps.
SEC. 3.Section 12529 of the Health and Safety Code is amended to read:12529.Safe and sane fireworks means any fireworks which do not come within the definition of dangerous fireworks or exempt fireworks. that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations.
SEC. 4.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, 2024, 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, 2025, 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 Marshals General Fireworks Advisory Committee.
SEC. 5.Section 12567.1 is added to the Health and Safety Code, to read:12567.1.Any pyrotechnic device examined by the State Fire Marshal and found by the State Fire Marshal to come within the definition of novelties, as defined in Section 12520.1, shall be classified as novelties.
SEC. 6.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 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 protection 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 permittees 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, 2024, may supersede this subdivision.
SEC. 7.Section 12672.1 is added to the Health and Safety Code, to read:12672.1.It shall not be unlawful for any person to sell, or offer for sale, novelties, as defined in Section 12520.1, at any time, unless restricted by local ordinance or any provision of Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations.
SEC. 8.Section 12704 of the Health and Safety Code is amended to read:12704.The State Fire Marshal, Attorney General, at least once a year and in consultation with the Attorney General, State Fire Marshal, shall serve notice to any individual or business known to supply fireworks that outside of California, suspected by the State Fire Marshal of supplying or facilitating the supply of any unauthorized shipments of dangerous fireworks into California that those actions will result in an immediate report to federal authorities with a request for any relevant federal prosecution. prosecution under federal statutes, including the federal Racketeer Influenced and Corrupt Organization Act (Chapter 96 (commencing with Section 1961) of Title 18 of the United States Code), and where applicable, may result in state civil or criminal prosecution.
SEC. 9.Section 12726.1 is added to the Health and Safety Code, to read:12726.1.(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 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 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 495: Explosive Materials Code of 2013.
(3)Recognition of commercial, consumer, and illegal fireworks in accordance with Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations and the National Fire Protection Association 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles of 2013.
SEC. 10.Section 12728.1 is added to the Health and Safety Code, to read:12728.1.(a)The State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund is hereby established in the State Treasury.
(b)All of the moneys transferred to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund by the Controller pursuant to Sections 12728.2 and 12728.3 shall be used by the State Fire Marshal to further assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.
SEC. 11.Section 12728.2 is added to the Health and Safety Code, to read:12728.2.(a)The California Department of Tax and Fee Administration (CDTFA) shall, in consultation with the Office of the State Fire Marshal, estimate the gross receipts for sales and use tax purposes from the sale of fireworks in the state by holders of a sellers permit to sell fireworks for the 202425 fiscal year by March 31, 2025, based on the third and fourth quarters of 2024.
(b)An amount equal to 2.5 percent of the estimated amount described in subdivision (a), or an amount no greater than one million eight hundred thousand dollars ($1,800,000), whichever is greater, shall be included in the Governors revised budget in May 2025 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund pursuant to Section 12728.1.
(c)No later than 10 days after the enactment of the 202526 Budget Act, the amount appropriated by the Legislature to the State Fire Marshal pursuant to this section shall be transferred by the Controller to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund to further assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.
(d)The CDTFA shall be paid the actual cost for administering this section from the funds appropriated before any allocation is made to the State Fire Marshal.
(e)This section shall remain in effect only until December 31, 2031, and as of that date is repealed.
SEC. 12.Section 12728.3 is added to the Health and Safety Code, to read:12728.3.(a)For purposes of this section, district has the same meaning as in Section 7252 of the Revenue and Taxation Code.
(b)(1) Before September 1, 2024, and each September 1 thereafter, districts that issue a sales permit or license to sell fireworks shall annually submit to the California Department of Tax and Fee Administration (CDTFA) the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. For those districts that have contracted with the CDTFA to administer data collection for sales and use tax purposes, the CDTFA shall also note the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year.
(2)The CDTFA shall report the amount of the total gross receipts for the prior fiscal year, as described in paragraph (1), to the Department of Finance on or before November 1 of each year.
(3)The CDTFA may add a line to a current return form, or develop a separate form, for use by districts in submitting the information described in paragraph (1).
(c)The total gross receipts described in paragraph (1) of subdivision (b) shall be subject to review by the CDTFA for errors. The review may be a review of a sample of reported amounts submitted by districts. The CDTFA shall note any errors identified in the review and the approximate impact of those errors on the total gross receipts in its report to the Department of Finance described in paragraph (2) of subdivision (b) to allow an adjusted total gross receipt amount to be determined.
(d)(1) The CDTFA shall report to the Department of Finance an amount equal to 2.5 percent of the total amount of gross receipts described in paragraph (2) of subdivision (b) for the prior fiscal year, but not to exceed one million eight hundred thousand dollars ($1,800,000).
(2)An amount equivalent to the amount reported in paragraph (1) shall be included in the next annual Governors Budget for the State Fire Marshal for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund pursuant to Section 12728.1.
(e)No later than 10 days after the enactment of the annual Budget Act, the amount appropriated by the Legislature to the State Fire Marshal pursuant to this section shall be transferred by the Controller to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund and shall be continuously appropriated and available to be allocated pursuant to Section 12728.1.
(f)The CDTFA shall be paid the actual cost for administering this section from the funds appropriated before any allocation is made to the State Fire Marshal.
SEC. 13.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 7, 2023 | Chaptered by Secretary of State - Chapter 368, Statutes of 2023. |
| Oct 7, 2023 | Approved by the Governor. |
| Sep 22, 2023 | Enrolled and presented to the Governor at 11:30 a.m. |
| Sep 14, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3554.). |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2767.). |
| Sep 8, 2023 | Ordered to special consent calendar. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Aug 21, 2023 | In committee: Referred to APPR suspense file. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR. |
| Jun 27, 2023 | From committee: Do pass and re-refer to Com. on E.Q. (Ayes 14. Noes 0.) (June 27). Re-referred to Com. on E.Q. |
| Jun 7, 2023 | Referred to Coms. on G.O. and E.Q. |
| May 26, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1774.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 13, 2023 | From committee: Do pass and re-refer to Com. on E.S. & T.M. (Ayes 16. Noes 0.) (April 12). Re-referred to Com. on E.S. & T.M. |
| Apr 7, 2023 | Re-referred to Com. on G.O. |
| Apr 6, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Mar 9, 2023 | Referred to Coms. on G.O. and E.S. & T.M. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2023 | AB 1403 Garcia Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | Special Consent AB1403 Garcia By Archuleta | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 12, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Jun 27, 2023 | Do pass, but first be re-referred to the Committee on [Environmental Quality] | Senate Standing Committee on Governmental Organization |
Passed |
|
| May 25, 2023 | AB 1403 Garcia Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
|
| Apr 12, 2023 | Do pass and be re-referred to the Committee on [Environmental Safety and Toxic Materials] | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Democratic Party | ** Support | |
| American Promotional Events, Inc. | ** Support | |
| Apostolic Truth Church | ** Support | |
| California Fire Chiefs Association | ** Support | |
| City of Elk Grove | ** Support | |
| City of Long Beach | ** Support | |
| City of Norwalk | ** Support | |
| cleanearth4kids.org | ** Support | |
| Clinics For Kids | * Support | Apr 18, 2023 |
| Cosumnes Community Services District | ** Support | |
| El Camino Fundamental High School | ** Support | |
| El Camino HS Boosters: Gridiron | ** Support | |
| Elmhurst Neighborhood Association | ** Support | |
| Fire Districts Association Of California | ** Support | |
| Living Water Church | ** Support | |
| Meadowview Neighborhood Association | ** Support | |
| PHANTOM FIREWORKS | ** Support | |
| Phantom Fireworks | * Support | Jun 27, 2023 |
| Phantom Fireworks Western Region LLC | ** Support | |
| Residents Against Illegal Fireworks in Sacramento County | ** Support | |
| Revell Communications | * Support | Jul 12, 2023 |
| Robla Education Foundation | ** Support | |
| Sacramento County Supervisor Sue Frost | ** Support | |
| Several individuals | ** Support | |
| Solano County Democratic Central Committee | ** Support | |
| St. Luke’s Lutheran Church | ** Support | |
| Supervisor Rich Desmond, Sacramento County Board of Supervisors | ** Support | |
| Supervisor Sue Frost, Sacramento County Board of Supervisors | ** Support | |
| TNT Fireworks | * Support | Jun 27, 2023 |
| TNT Fireworks | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1403
Author:(Garcia)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
This bill requires the State Fire Marshal (OSFM), by January 1, 2025, to collect and analyze data about firework-related fires, damages, and arrests; submit a workload analysis to the relevant committees of the Legislature and train local authorities on relevant regulations related to fireworks, as specified. Additionally, authorizes local agencies, as specified, to adopt an ordinance for the actual and reasonable costs associated with safe and sane and illegal fireworks; and requires the OSFM to develop training for the proper management of seized fireworks.
Senate Amendments:
- Redefine "safe and sane fireworks" to instead mean any fireworks that have been approved by the United State Consumer Product Safety Commission and that have been carefully examined and tested by the OSFM and determined by the OSFM that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as specified.
- Doubles the dollar amount of fines to be imposed for violating the State Fireworks Law or related regulation, increases the amount of certain fines for possessing specified amounts of dangerous fireworks, and increases the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years of age.
- Remove the Department of Toxic Substance Control from the requirement to conduct trainings for local fire and law enforcement personnel on fireworks enforcement, as provided.
- Make technical and clarifying changes.
Existing law:
- Authorizes the retail sale of safe and sane fireworks in California from June 28 to July 6, annually, pursuant to a license issued by the OSFM, unless otherwise prohibited or regulated by law or ordinance. A new retail license is required each year, as specified.
- Establishes the OSFM Fireworks Enforcement and Disposal Fund to further assist in statewide programs for the enforcement, prosecution, disposal, and management of seized dangerous fireworks; the education of public safety agencies in the proper handling and management of dangerous fireworks; assist the OSFM in identifying and evaluating methods to capture more detailed data; and to further assist in public safety and education efforts, as specified.
- Authorizes the seizure of dangerous fireworks used, possessed, stored, or manufactured, or transported by a person who does not possess a valid permit authorizing that activity.
- Requires any dangerous fireworks seized be managed by the OSFM, as specified.
COMMENTS
Background.
The California's Fireworks Law, passed in 1938, established the OSFM as the only fireworks classification authority in California. Currently, the OSFM is part of the California Department of Forestry and Fire Protection (CalFIRE). Fireworks are classified through laboratory analysis, field examinations, and test firing of items. As part of the program, OSFM requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high-powered and experimental rockets, must also pass a written examination and provide proof of experience.
State law defines "dangerous fireworks" as any firework containing any of a specified list of chemicals such as, among others, arsenic sulfide, boron, mercury salts, red or white phosphorous, picrates, and thyocyanates. Types of dangerous fireworks include firecrackers; skyrockets; Roman candles; chasers; large sparklers; any firework designed to create an element of surprise, including but not limited to auto foolers, cigarette loads, exploding golf balls, and trick matches; devil-on-the-walk; torpedoes of all kinds that explode on impact; fireworks kits; and other fireworks examined and tested by the OSFM and determined to possess characteristics of design or construction that make the fireworks unsafe for use by a person not specially qualified or trained in the use of fireworks.
The OSFM can also deem a firework to be "exempt" if it is limited to industrial, commercial, agricultural use, or religious ceremonies. All fireworks that are neither dangerous nor exempt are, by definition, "safe and sane" fireworks. The retail sale of these is legal in California between noon on June 28 and noon on July 6 of every calendar year, but may be prohibited locally through ordinances. For example, the City of Los Angeles prohibits all fireworks. Public fireworks shows can be conducted by state-licensed pyrotechnicians with licenses obtained from the OSFM.
Approximately 290 communities in California currently allow the purchase and use of state-approved fireworks for the July Fourth holiday. Typically, non-profit organizations like women's shelters, service clubs (like Rotary), Boy Scout and Girl Scout troops, PTAs, Little Leagues, and other neighborhood associations operate fireworks stands. To sell safe and sane fireworks, retailers must each year apply for and be granted a license from the OSFM and pay the necessary fees to the state. Local jurisdictions also require a permit to sell lawful fireworks in addition to the necessary state license. Some local jurisdictions charge an administrative fee for handling permits as well as additional related costs. The revenue is generally used for education, over-time staffing, enforcement duties, and other fireworks related activities. The author's office points out that this bill will create consistency by providing a set structure and limit on these fees if the local jurisdiction chooses to adopt an ordinance accepting this fee structure.
A person or business that sells safe and sane fireworks without a permit risks a sizable fine as well as possible legal action. It is a misdemeanor crime to violate the California State Fireworks Law. Violators are subject to a maximum $1,000 fine and up to one year in a county jail. However, penalties increase for possession of large quantities of dangerous fireworks, and prosecutors could charge the violator with a felony, punishable by up to three years in state prison and fines up to $50,000. Federal law also prohibits the transport of fireworks across state lines to a state where the use or possession of the firework is illegal. This is particularly relevant as dangerous fireworks often make their way into California from neighboring states.
Seizing Fireworks in California. Fireworks not designated "safe and sane" are considered to be illegal in the State of California. As a result, there are illegal fireworks seized in California that are legal to be sold in other states per federal and other state regulations. Existing law requires the OSFM to dispose of "dangerous fireworks" within 60 days upon receiving notification from the local jurisdictions that seized them. These seized fireworks range from unpackaged improvised devices, to fireworks that are legal to be sold in other states, as well as safe and sane fireworks that have been seized in any part of the state that does not permit the sale.
Each year, the state seizes an average of more than 220,000 pounds of fireworks that require disposal. For years, the focus has been on properly disposing of the stockpile, with few resources available for enforcement. Additionally, federally approved waste haulers are required to transport all seized fireworks to an approved out-of-state hazardous waste facility.
With the growth of the sale of state-approved "safe and sane" fireworks, along with illegal and dangerous fireworks that continue to flow into California, additional pressures are being placed on Cal FIRE and the OSFM to provide enforcement, education, and disposal of seized illegal and dangerous fireworks. The accumulation of seized fireworks creates a significant hazard to the environment. It also presents fire and safety risks, which in turn creates an increased liability to both the OSFM and the state.
Fire Risk. According to the National Fire Protection Association (NFPA), an estimated 19,500 fires were started by fireworks nationwide in 2018. These fires caused five civilian deaths, 46 civilian injuries, 17,100 outside and other fires, 1,900 structure fires, 500 vehicle fires, and $105 million in direct property damage.
In a July 2021 LA Times article titled "No such thing as 'safe and sane' fireworks in a bone-dry California primed to burn", the LA County fire chief, Daryl Osby, said about the situation in the county, "It's out of control. Every year, we confiscate more illegal fireworks. We think that's a good year, but if you live in Los Angeles County, you can see all the aerial fireworks that go up. They're all illegal."
In 2020, the San Francisco Fire Department reported over 100 grass fires and the Los Angeles Fire Department nearly 400 fires, many thought to have been started by fireworks. Fireworks at a gender-reveal party in Yucaipa set off the El Dorado fire in September 2020, a blaze that killed one firefighter and took until November of the year to extinguish. Data reported by the OSFM in June 2022 on fires caused by fireworks in the state between 2012 and 2021 demonstrate the magnitude of the problem. In the 10-year period, 8,427 fires caused by fireworks were reported to the OSFM.
Disposal of Seized Fireworks. Upon seizure, California Department of Toxic Substances Control (DTSC) regulations require the hazardous waste to be transferred to a permitted hazardous waste facility within 90 days. The disposal is complicated by the sheer volume of seized fireworks, the associated cost, and logistical challenges. Currently, local law enforcement agencies notify the OSFM of seized fireworks. These have to be separated into dangerous and safe and sane fireworks and are held in trust by local agencies until disposal is available. Loose fireworks must be placed in labeled, quality cardboard boxes with functional lids. The OSFM recommends local agencies to store seized fireworks in storage buildings, trailers, semitrailers, metal shipping containers, or magazines. Consequently, storage space is an issue when thousands of pounds of material are seized.
For disposal, the OSFM contracts with a federally approved hazardous waste transporter to ship the fireworks to a facility in Utah, one of only two facilities nationwide permitted to process final disposal of fireworks. California lacks any facility with such authorization. The facility in Louisiana is currently not being used by the state due to location and its close proximity to inhabited housing and the potential for groundwater contamination at the site. Transport and disposal costs $10 per pound of fireworks, bringing the annual cost to the state to the low millions. This does not include the cost of storage. On the other hand, as more fireworks are seized, the state faces greater financial pressure to dispose of them. In the end, the risk of accidents and fires increases as more fireworks are set-off.
SB 277 (Archuleta), Chapter 238, Statutes of 2022, required the OSFM to "manage," rather than "dispose of," dangerous fireworks and required the OSFM to ensure any dangerous fireworks seized that are identified as hazardous waste are managed in accordance with state and federal hazardous waste laws.
According to the Author
According the author's office, "throughout the years the use of fireworks have caused harm on our communities and environment. AB 1403 seeks to remedy this by requiring the OSFM to analyze data on the amount of fires, damages, seizures, arrests, and fireworks disposal issues that have been incurred by the use of both safe and sane and illegal fireworks. In addition, this bill would require the OSFM to train local fire and law enforcement personnel on the requirements associated with the management of seized fireworks. AB 1403 aims to also give the local jurisdictions that permit the sale of safe and sane fireworks to levy a fee for the actual and reasonable costs related to the processing and issuing of permits; inspection of fireworks stands; public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks."
Arguments in Support
According to Phantom Fireworks, this bill's revenue will help local governments offset the actual and reasonable costs incurred by that jurisdiction for, among other things, processing and issuing fireworks permits, inspecting fireworks stands, public awareness and education campaigns for the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts.
The City of Elk Grove writes, "This bill addresses the growing crisis of the illegal importation and sales of dangerous illegal fireworks into California and how the OSFM, local jurisdictions, and California-licensed safe and sane fireworks wholesalers are trying to put a stop to this now year-round menace. The City of Elk Grove has experienced a huge uptick in fires between 1 a.m. and 5 a.m. because people did not properly dispose of their July 4th fireworks."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, "Cal FIRE reports total costs of $835,000 in year one, $745,000 in year two, and $699,000 annually ongoing for additional staff resources and other operating expenses (General Fund and special fund). Additional staff resources would be required to develop and perform trainings, provide guidance and updates to stakeholders, and manage collected data. Other operating expenses include equipment, such as vehicles with off-road capabilities and law enforcement specifications, and travel costs.
Unknown increased penalty revenue, to be deposited into the OSFM Fireworks Enforcement and Disposal Fund and disbursed to the local public safety agency in the county in which the offense was committed. Penalty revenues from violations of the State Fireworks Law are split 65%/35% to the OSFM to support its administrative and enforcement costs and to reimburse local public safety agencies for their expenses, respectively (Health and Safety Code Section 12706).
VOTES:
ASM GOVERNMENTAL ORGANIZATION: 16-0-6
YES: Santiago, Lackey, Aguiar-Curry, Berman, Cervantes, Megan Dahle, Davies, Jones‑Sawyer, Mathis, McCarty, McKinnor, Quirk-Silva, Ramos, Robert Rivas, Blanca Rubio, Villapudua
ABS, ABST OR NV: Bryan, Garcia, Gipson, Low, Jim Patterson, Ta
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 8-0-1
YES: Lee, Hoover, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Zbur
ABS, ABST OR NV: Ta
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Aguiar-Curry, Essayli, Mathis, Papan, Schiavo, Soria, Ta
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
UPDATED
VERSION: September 1, 2023
CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0002237
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1403 |
THIRD READING
Bill No: AB 1403
Author: Garcia (D)
Amended: 9/1/23 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 6/27/23
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Padilla, Portantino, Roth, Rubio, Seyarto
NO VOTE RECORDED: Ochoa Bogh
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/12/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 73-0, 5/25/23 - See last page for vote
SUBJECT: Public safety: fireworks: enforcement: funding
SOURCE: TNT Fireworks
DIGEST:
This bill requires the State Fire Marshal (SFM), by January 1, 2025, to collect and analyze data about firework-related fires, damages, and arrests; submit a workload analysis to the relevant committees of the Legislature and train local authorities on relevant regulations related to fireworks, as specified. Additionally, this bill authorizes and limits local jurisdictional fees covering costs related to fireworks sales permits, inspection, public education, enforcement, and fire operation efforts, as specified.
ANALYSIS:
Existing law:
- Authorizes the retail sale of safe and sane fireworks in California from June 28 to July 6, annually, pursuant to a license issued by the SFM, unless otherwise prohibited or regulated by law or ordinance. A new retail license is required each year, as specified.
- Establishes the SFM Fireworks Enforcement and Disposal Fund to further assist in statewide programs for the enforcement, prosecution, disposal, and management of seized dangerous fireworks; the education of public safety agencies in the proper handling and management of dangerous fireworks; assist the SFM in identifying and evaluating methods to capture more detailed data; and to further assist in public safety and education efforts, as specified.
This bill:
- Requires the SFM, on or before January 1, 2025, 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. The SFM shall collect data pursuant to a methodology developed in consultation with the SFM’s General Fireworks Advisory Committee.
- Requires the SFM, on or before January 1, 2025, to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all of the following:
- The seizure, collection, transportation, and storage of seized fireworks.
- The enforcement of statewide programs concerning illegal and dangerous fireworks.
- Prosecution related to seized fireworks.
- Investigations of illegal and dangerous fireworks.
- Includes a sunset date for submitting a report of January 1, 2028.
- Authorizes a charter city, city, county, or fire protection district, or city and county that adopts an ordinance authorizing the sale of safe and sane fireworks from June 28 to July 6, to require each applicant receiving a permit to pay a fee to the jurisdiction of a pro rata portion of the actual and reasonable costs that jurisdiction incurs that is related to any of the following:
- Processing and issuing permits.
- Inspection of fireworks stands.
- 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.
- Enforcing the provisions of the code of the jurisdiction with respect to the sale of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris, as specified.
- Fire operation and suppression efforts that are directly related to safe and sane fireworks.
- Requires the pro rata share of the costs to 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.
- Limits the pro rata share of costs to seven percent of the gross sales of the fireworks sold in the jurisdiction during the applicable period, as specified.
- Requires the SFM, subject to appropriation by the Legislature, to train local fire and law enforcement personnel on the requirements of this bill.
- Requires the SFM, 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.
- Provides that the training and education may include, but is not limited to, the following specific areas:
- Standards for the transportation, storage, and handling of fireworks and pyrotechnic articles in accordance with existing law, as specified.
- Recognition of explosive materials and isolation procedures in accordance with existing law, as specified.
- Recognition of commercial, consumer, and illegal fireworks in accordance with existing law, as specified.
- Doubles the dollar amount of fines to be imposed for violating the State Fireworks Law or related regulation, increases the amount of certain fines for possessing specified amounts of dangerous fireworks, and increases the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years of age.
- Defines “safe and sane fireworks” to mean any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the SFM and determined by the SFM that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as specified.
Background
Author Statement. According the author’s office, “throughout the years the use of fireworks have caused harm on our communities and environment. AB 1403 seeks to remedy this by requiring the Office of State Fire Marshal to analyze data on the amount of fires, damages, seizures, arrests, and fireworks disposal issues that have been incurred by the use of both safe and sane and illegal fireworks. In addition, this bill would require the SFM and Dept. of Toxic Substances Control to train local fire and law enforcement personnel on the requirements associated with the management of seized fireworks. AB 1403 aims to also give the local jurisdictions that permit the sale of safe and sane fireworks to levy a fee for the actual and reasonable costs related to the processing and issuing of permits; inspection of fireworks stands; public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks.”
California Fireworks Program. California's State Fireworks Law, AB 475 (Red wine, Chapter 534, Statutes of 1939), tasks the SFM, which is today within the Department of Forestry and Fire Protection (Cal FIRE), as the only fireworks classification authority in California. Fireworks are classified through laboratory analysis, field examinations and test firing of items. As part of the program, the SFM requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high powered and experimental rockets, must also pass a written examination and provide proof of experience.
Existing law defines dangerous fireworks as any firework containing any of a specified list of chemicals such as, among others, arsenic sulfide, boron, and phosphorous that is red or white, except that red phosphorous is permissible in caps and party poppers; firecrackers; skyrockets; Roman candles; chasers; large sparklers; any firework designed to create an element of surprise, including but not limited to auto foolers, cigarette loads, exploding golf balls, and trick matches; devil-on-the-walk; torpedoes of all kinds that explode on impact; fireworks kits; and other fireworks examined and tested by the SFM and determined to possess characteristics of design or construction that make the fireworks unsafe for use by a person not specially qualified or trained in the use of fireworks.
The SFM can also deem a firework to be "exempt" if it is limited to industrial, commercial, agricultural use, or religious ceremonies. All fireworks that are neither dangerous nor exempt are, by definition, "safe and sane" fireworks. The retail sale of these is legal in California between noon on June 28 and noon on July 6 of every calendar year, but may be prohibited locally through ordinances. For example, the City of Los Angeles prohibits all fireworks. Public fireworks shows can be conducted by state-licensed pyrotechnicians with licenses obtained from the SFM.
Approximately 290 communities in California currently allow the purchase and use of state-approved fireworks for the July Fourth holiday. Typically, non-profit organizations like women's shelters, service clubs (like Rotary), Boy Scout and Girl Scout troops, PTAs, Little Leagues, and other neighborhood associations operate fireworks stands. To sell safe and sane fireworks, retailers must each year apply for and be granted a license from the SFM and pay the necessary fees to the state. Local jurisdictions also require a permit to sell lawful fireworks in addition to the necessary state license. Some local jurisdictions charge an administrative fee for handling permits as well as additional related costs. The revenue is generally used for education, over-time staffing, enforcement duties, and other fireworks related activities.
This bill authorizes a local jurisdiction that has adopted an ordinance or resolution for the sale of safe and sane fireworks to require each applicant receiving a sales permit to pay a fee to the jurisdiction for a pro rata portion of the actual and reasonable costs the jurisdiction incurs related to processing and issuing permits, inspection of fireworks stands, public education and awareness campaigns regarding the safe and responsible use of fireworks, enforcing provisions of existing law, and fire and suppression efforts that are directly related to safe and sane fireworks. This bill limits the pro rata share of costs to no more than seven percent of the gross sales of fireworks sold in the jurisdiction. The author’s office points out that this bill will create consistency by providing a set structure and limit on these fees if the local jurisdiction chooses to adopt an ordinance accepting this fee structure.
A person or business that sells safe and sane fireworks without a permit risks a sizable fine as well as possible legal action. It is a misdemeanor crime to violate the California State Fireworks Law. Violators are subject to a maximum $1,000 fine and up to one year in a county jail. However, penalties increase for possession of large quantities of dangerous fireworks, and prosecutors could charge the violator with a felony, punishable by up to three years in state prison and fines up to $50,000. Federal law also prohibits the transport of fireworks across state lines to a state where the use or possession of the firework is illegal. This is particularly relevant as dangerous fireworks often make their way into California from neighboring states.
This bill doubles the dollar amount of the various fines associated with violating the State Fireworks Law.
Seized Fireworks in California. Fireworks not designated “safe and sane” are considered to be illegal in the State of California. As a result, there are illegal fireworks seized in California that are legal to be sold in other states per federal and other state regulations. Existing law requires the SFM to dispose of "dangerous fireworks" within 60 days upon receiving notification from the local jurisdictions that seized them. If these fireworks are deemed hazardous waste, they must be handled according to state and federal hazardous waste laws, and can only be transported, treated, stored, or disposed of by registered and authorized facilities.
The State's Explosives Law authorizes the SFM to adopt regulations for the safe use, handling, storage, and transportation of explosives. Under those regulations local law enforcement agencies track the location of storage magazines within their jurisdictions through a permit process. Special exemptions have been provided within the regulations to allow for limited possession and storage of some explosives, such as black powder, used by hunters and the sporting community.
According to the SFM the seizures of these fireworks have been increasing each year and begin to occur around March with an uptick in interdictions moving towards the 4th of July period of the year. Each year, the state seizes on average over 220,000 pounds of fireworks that will need to be disposed. In 2020, a statewide operation conducted between June 26 and 30 designed to prevent illegal fireworks from entering California resulted in the confiscation of nearly 50,000 pounds of illegal fireworks, and resulted in 29 felonies, 165 misdemeanors, and 25 infractions. Over the years, the focus has been on properly disposing of the stockpiles leaving few resources, if any, for enforcement.
The problem of illegal fireworks in California is exacerbated by the fact that so many legal fireworks in other western states arrive in California at the Ports of Long Beach, Los Angeles, and Oakland, and are then shipped via ground either by rail or truck to their final destination. In recent years, there have been major seizures of illegal fireworks, particularly in Southern California warehouses, that have ranged from 15 to 25 tons each, which were drop-shipments from one of the two Southern California ports.
In October 2018, the Brown Administration produced a budget change proposal and moved $3.6 million into the FED Fund to fund illegal fireworks enforcement, disposal, and public education for the balance of FY 2018-2019. When Governor Newsom introduced and proposed his State Budget for FY 2019-2020, he included an ongoing $3.6 million for Fireworks Enforcement, Education and Disposal. That $3.6 million was also included in Governor Newsom’s FY 2020-2021 proposal. Since the start of FY 2020-2021, 226,000 pounds of illegal fireworks have already been collected. The SFM’s Fire Engineering Division is attempting to regain its footing, staff-up and re-assert itself over an illegal fireworks marketplace that has gone from firecrackers and bottle-rockets in 2000 to rampant use of illegal mortars and aerial shells, some even of the commercial size and variety in 2020.
This bill revives an attempt to collect and evaluate data on fireworks codified in SB 839 (Calderon, Chapter 563, Statutes of 2007). That bill required the SFM, by July 1, 2008, to identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by dangerous and safe and sane fireworks. This bill again requires the SFM to identify and evaluate those methods by July 1, 2024.
Additionally, this bill requires the SFM, on or before January 1, 2025, to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of dangerous illegal fireworks and safe and sane fireworks. This bill requires the SFM to provide that report to the appropriate policy and budget committees of the respective houses of the Legislature, including a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel.
This bill requires, subject to appropriation by the Legislature, the SFM to train local fire and law enforcement personnel on the handling of fireworks. The training must focus on the proper methods of transportation, storage, and handling of fireworks; identification of explosive materials; and recognition of different types of fireworks. The SFM will develop, publish, and provide the training in consultation with relevant public agencies, the fireworks industry, and other stakeholders.
Additionally, this bill redefines “safe and sane” fireworks to mean any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the SFM and determined by the SFM that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as specified.
Related/Prior Legislation
SB 277 (Archuleta, Chapter 238, Statutes of 2022) required the SFM to manage seized fireworks classified as hazardous waste in compliance with California and federal laws, rather than dispose of them, and ensured that transportation and disposal of this hazardous waste is handled only by registered and authorized facilities.
AB 475 (Redwine, Chapter 534, Statutes of 1939), California’s Fireworks Law, among other things, defined “dangerous fireworks” and “safe and sane fireworks,” and prohibited any person without a permit from manufacturing, possessing, or selling any dangerous fireworks, from selling any safe and sane fireworks as a retailer, and from discharging dangerous fireworks in any place.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Cal FIRE reports total costs of $835,000 in year one, $745,000 in year two, and $699,000 annually ongoing for additional staff resources and other operating expenses (General Fund and special fund). Additional staff resources would be required to develop and perform trainings, provide guidance and updates to stakeholders, and manage collected data. Other operating expenses include equipment, such as vehicles with off-road capabilities and law enforcement specifications, and travel costs.
- Unknown increased penalty revenue, to be deposited into the SFM Fireworks Enforcement and Disposal Fund and disbursed to the local public safety agency in the county in which the offense was committed. Penalty revenues from violations of the State Fireworks Law are split 65 percent/35 percent to the SFM to support its administrative and enforcement costs and to reimburse local public safety agencies for their expenses, respectively (Health and Safety Code §12706).
SUPPORT: (Verified 9/1/23)
TNT Fireworks (source)
California Fire Chiefs Association
City of Elk Grove
City of Long Beach
City of Norwalk
CleanEarth4Kids.org
Elmhurst Neighborhood Association
Fire Districts Association of California
Mayor Matt Mahan, City of San Jose
Meadowview Neighborhood Association
Phantom Fireworks
Residents Against Illegal Fireworks in Sacramento County
Robla Education Foundation
Solano County Democratic Central Committee
Several Individuals
OPPOSITION: (Verified 9/1/23)
None received
ARGUMENTS IN SUPPORT: In support of this bill, TNT Fireworks writes that, “[w]e are grateful that Assemblymember Garcia is willing to take on the challenge of stopping the illegal importation into and the sale of illegal fireworks in California. We are committed to working very closely with CALFIRE, the OSFM, CAL CHIEFS, the California Department of Justice, local jurisdictions, and other stakeholders to make sure that AB 1403 is indeed what we all hope it will be… a serious and workable solution to impacting the massive, year-round importation of illegal fireworks in California.”
ASSEMBLY FLOOR: 73-0, 5/25/23
AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Aguiar-Curry, Essayli, Mathis, Papan, Schiavo, Soria, Ta
Prepared by: Brian Duke / G.O. / (916) 651-1530
9/2/23 16:58:27
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1403 (Garcia) - Public safety: fireworks: enforcement: funding
Version: April 6, 2023 | Policy Vote: G.O. 14 - 0, E.Q. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: September 1, 2023 | Consultant: Janelle Miyashiro |
Bill Summary:
AB 1403 requires the State Fire Marshal (SFM), by January 1, 2025, to collect and analyze data about firework-related fires, damages, citations, and arrests, submit a workload analysis to the relevant committees of the Legislature, and train local authorities on relevant regulations related to fireworks; and authorizes local agencies, as specified, to adopt an ordinance for the actual and reasonable costs associated with safe and sane and illegal fireworks, as specified.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- The California Department of Forestry and Fire Protection (CAL FIRE) reports total costs of $835,000 in year one, $745,000 in year two, and $699,000 annually ongoing for additional staff resources and other operating expenses (General Fund and special fund). Additional staff resources would be required to develop and perform trainings, provide guidance and updates to stakeholders, and manage collected data. Other operating expenses include equipment, such as vehicles with off-road capabilities and law enforcement specifications, and travel costs.
- Unknown increased penalty revenue, to be deposited into the SFM Fireworks Enforcement and Disposal Fund and disbursed to the local public safety agency in the county in which the offense was committed. Penalty revenues from violations of the State Fireworks Law are split 65 percent/35 percent to the SFM to support its administrative and enforcement costs and to reimburse local public safety agencies for their expenses, respectively (Health and Safety Code §12706).
Committee Amendments:
- Revise the definition of “safe and sane fireworks.”
- Increase fines for various violations of the State Fireworks Law.
- Remove the Department of Toxic Substance Control from the requirement to conduct trainings for local fire and law enforcement personnel.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1403 (Garcia) - Public safety: fireworks: enforcement: funding
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 1403 requires the State Fire Marshal (SFM), by January 1, 2025, to collect and analyze data about firework-related fires, damages, citations, and arrests, submit a workload analysis to the relevant committees of the Legislature, and train local authorities on relevant regulations related to fireworks; and authorizes local agencies, as specified, to adopt an ordinance for the actual and reasonable costs associated with safe and sane and illegal fireworks, as specified.
Fiscal Impact:
- The California Department of Forestry and Fire Protection (CAL FIRE) reports total costs of $835,000 in year one, $745,000 in year two, and $699,000 annually ongoing for additional staff resources and other operating expenses (General Fund and special fund). Additional staff resources would be required to develop and perform trainings, provide guidance and updates to stakeholders, and manage collected data. Other operating expenses include equipment, such as vehicles with off-road capabilities and law enforcement specifications, and travel costs.
- The Department of Toxic Substances Control (DTSC) reports minor and absorbable costs to assist the SFM on trainings. However, DTSC notes that this fiscal estimate is based on the assumption that it will take on a smaller, consultative role as it is not able to provide extensive training on firework seizure, collection, transportation, storage, or treatment of fireworks unless the fireworks have been determined to be hazardous waste. To the extent that DTSC would be required to take a larger role in assisting the SFM with training local fire and law enforcement personnel, DTSC will likely have additional costs as these activities lie outside the department’s jurisdiction and area of expertise.
Background:
Fireworks not designated “safe and sane” are considered to be illegal in the State of California. As a result, there are illegal fireworks seized in California that are legal to be sold in other states per federal and other state regulations. Existing law requires the SFM to dispose of "dangerous fireworks" within 60 days upon receiving notification from the local jurisdictions that seized them. If these fireworks are deemed hazardous waste, they must be handled according to state and federal hazardous waste laws, and can only be transported, treated, stored, or disposed of by registered and authorized facilities.
The State's Explosives Law authorizes the SFM to adopt regulations for the safe use, handling, storage, and transportation of explosives. Under those regulations local law enforcement agencies track the location of storage magazines within their jurisdictions through a permit process. Special exemptions have been provided within the regulations to allow for limited possession and storage of some explosives, such as black powder, used by hunters and the sporting community.
According to the SFM the seizures of these fireworks have been increasing each year and begin to occur around March with an uptick in interdictions moving towards the 4th of July period of the year. Each year, the state seizes on average over 220,000 pounds of fireworks that will need to be disposed. In 2020, a statewide operation conducted between June 26 and 30 designed to prevent illegal fireworks from entering California resulted in the confiscation of nearly 50,000 pounds of illegal fireworks, and resulted in 29 felonies, 165 misdemeanors, and 25 infractions. Over the years, the focus has been on properly disposing of the stockpiles leaving few resources, if any, for enforcement.
Proposed Law:
- Requires the SFM, on or before January 1, 2025, 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. The SFM shall collect data pursuant to a methodology developed in consultation with the SFM’s General Fireworks Advisory Committee.
- Requires the SFM, on or before January 1, 2025, to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel.
- Includes a sunset date for submitting a report of January 1, 2028.
- Authorizes a charter city, city, county, or fire protection district, or city and county that adopts an ordinance authorizing the sale of safe and sane fireworks from June 28 to July 6, to require each applicant receiving a permit to pay a fee to the jurisdiction of a pro rata portion of the actual and reasonable costs that jurisdiction incurs that is related to any of the following:
- Processing and issuing permits.
- Inspection of fireworks stands.
- 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.
- Enforcing the provisions of the code of the jurisdiction with respect to the sale of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris, as specified.
- Fire operation and suppression efforts that are directly related to safe and sane fireworks.
- Requires the pro rata share of the costs to 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.
- Limits the pro rata share of costs to seven percent of the gross sales of the fireworks sold in the jurisdiction during the applicable period, as specified.
- Requires the SFM and DTSC, subject to appropriation by the Legislature, to train local fire and law enforcement personnel on the requirements of this bill.
- Requires the SFM, 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.
Related Legislation:
SB 277 (Archuleta, Chapter 238, Statutes of 2022) requires the SFM to manage seized fireworks classified as hazardous waste in compliance with California and federal laws, rather than dispose of them, and ensures that transportation and disposal of this hazardous waste is handled only by registered and authorized facilities.
Staff Comments:
CAL FIRE notes a breakdown of their fiscal estimate as follows:
- Personnel: approximately $636,000 in year one and annually ongoing for 3.0 permanent staff (1.0 Deputy State Fire Marshal, 1.0 Arson and Bomb Investigator, and 1.0 Staff Services Analyst).
- Other operating expenses: approximately $199,000 in year one, $109,600 in year two, and $63,500 in year three and ongoing for vehicles, arson bomb equipment, and training and travel costs.
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SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No. | AB 1403 | Hearing Date: | 7/12/2023 |
Author: | Garcia | ||
Version: | 4/6/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Gabrielle Meindl | ||
SUBJECT: Public safety: fireworks: enforcement: funding
DIGEST: Requires, by January 1, 2025, the Office State Fire Marshall (OFSM) to collect and analyze data relating to dangerous illegal fireworks and safe and sane fireworks; authorizes local agencies, as specified, to adopt an ordinance for the actual and reasonable costs associated with safe and sane and illegal fireworks; and requires the OSFM and the Department of Toxic Substances Control (DTSC) to develop training for the proper management of seized fireworks, subject to an appropriation by the Legislature.
ANALYSIS:
Existing law:
- Authorizes, through a retail license, the retail sale of safe and sane fireworks within the state only during the period of noon on the 28th of June through noon on the 6th of July of a calendar year, unless prohibited by local ordinance. (HSC § 12599)
- Authorizes the OFSM, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection agency, or any other public agency authorized by statute to enforce the OFSM's regulations, to seize any fireworks described in HSC § 12500 – 12728. (HSC § 12721)
- Authorizes the seizure of dangerous fireworks, including fireworks kits-used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in HSC § 12500 – 12728. (HSC § 12722(h))
- Requires the OFSM to manage dangerous fireworks, seized pursuant to state law, in a manner prescribed by the OFSM at any time after final determination of petition proceedings pursuant to HSC § 12724, or upon final termination of proceedings under HSC § 12593, whichever is later. Authorizes the OFSM to manage the seized fireworks, if no petition proceedings are commenced, in a manner prescribed by the OFSM and in accordance with the following:
a) Requires the OFSM to ensure that any dangerous fireworks seized that are identified by the OFSM as hazardous waste are managed in accordance with California and federal hazardous waste laws and regulations. Requires the OFSM to ensure that this hazardous waste is shipped only by registered hazardous waste transporters and treated, stored, or disposed of only by authorized hazardous waste facilities.
b) Prohibits, when managing seized fireworks, the OFSM from repurposing, transferring, or selling the seized fireworks for purposes of retail sale.
c) Requires the management of seized fireworks. (HSC § 12726)
- Requires local government entities, if administrative fines or penalties are collected upon seizure of dangerous fireworks pursuant to a local ordinance, to forward 65 percent of the collected moneys to the Controller for deposit in the OFSM Fireworks Enforcement and Disposal Fund. (HSC § 12726(c))
- Establishes the OFSM Fireworks Enforcement and Disposal Fund in the State Treasury and requires all moneys collected pursuant to state law and deposited in the fund to be available, upon appropriation by the Legislature, to the OFSM for the exclusive use in statewide programs for the enforcement, prosecution related to, disposal, and management of seized dangerous fireworks, and for the education of public safety agencies in the proper handling and management of dangerous fireworks. (HSC § 12728 (a-b))
This bill:
- Requires, on or before January 1, 2025, the OFSM 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.
- Requires, on or before January 1, 2025, the OFSM to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding the seizure, collection, transportation, and storage of seized fireworks; the enforcement of statewide programs concerning illegal and dangerous fireworks; prosecution related to seized fireworks; and, investigations of illegal and dangerous fireworks.
- Authorizes a charter city, city, county, fire protection district, or city and county, to adopt through an ordinance or resolution, a requirement that an applicant that received a permit (for the sale or use of fireworks) to pay a fee for the actual and reasonable costs related to the processing and issuing of permits; inspection of fireworks stands; public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks; enforcing provisions of their respective code with respect to the sale and use of safe and sane fireworks; and, fire operation and suppression efforts that are directly related to safe and sane fireworks.
- Subject to an appropriation by the Legislature, requires the OFSM and DTSC to train local fire and law enforcement personnel on the requirements associated with the management of seized fireworks.
- Requires the OFSM, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, to develop, publish, and provide necessary guidance and training to local agencies that seize, collect, transport, store, and treat seized fireworks.
Background
- California Fireworks Program. California's Fireworks Law, passed in 1938, established the OFSM as the only fireworks classification authority in California. Fireworks are classified through laboratory analysis, field examinations, and test firing of items. Licensing is required of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high-powered and experimental rockets must also pass a written examination and provide proof of experience.
State law defines "dangerous fireworks" as any firework containing any of a specified list of chemicals such as, among others, arsenic sulfide, boron, mercury salts, red or white phosphorous, picrates, and thyocyanates. Types of dangerous fireworks include firecrackers; skyrockets; Roman candles; chasers; large sparklers; and any firework designed to create an element of surprise.
The OSFM can also deem a firework to be "exempt" if it is limited to industrial, commercial, agricultural use, or religious ceremonies. All fireworks that are neither dangerous nor exempt are, by definition, "safe and sane" fireworks. The retail sale of these is legal in California between noon on June 28 and noon on July 6 of every calendar year, but may be prohibited locally through ordinances. For example, the City of Los Angeles prohibits all fireworks. Public fireworks shows can be conducted by state-licensed pyrotechnicians with licenses obtained from the OFSM.
Currently, there are approximately 290 communities in California that permit the sale and use of state-approved fireworks for the July Fourth holiday. Retailers must obtain a license to sell safe and sane fireworks from the OSFM annually and pay associated fees to the state. Local jurisdictions may include an administrative fee related to the processing of permits and a percentage of gross sales collected by the jurisdiction. The revenue is generally used for education, over-time staffing, enforcement duties, and other fireworks related activities.
It is a misdemeanor crime to violate the California State Fireworks Law. Violators are subject to a maximum $1,000 fine and up to one year in a county jail. However, penalties increase for possession of large quantities of dangerous fireworks, and prosecutors could charge the violator with a felony, punishable by up to three years in state prison and fines up to $50,000. Federal law also prohibits the transport of fireworks across state lines to a state where the use or possession of the firework is illegal. This is particularly relevant as dangerous fireworks often make their way into California from neighboring states.
- Fire risk. According to the National Fire Protection Association, an estimated 19,500 fires were started by fireworks nationwide in 2018. These fires caused five civilian deaths, 46 civilian injuries, 17,100 outside and other fires, 1,900 structure fires, 500 vehicle fires, and $105 million in direct property damage. In the same year, United States (U.S.) emergency rooms treated over 9,000 people for fireworks related injuries, with children younger than age 15 accounting for 36% of all injuries, according to a U.S. Consumer Product Safety Commission report.
Hot and arid conditions, in combination with the prolonged drought conditions plaguing the state, significantly increase the risk of fires due to fireworks and accelerate the spread of fires. In 2022, California experienced the driest period between January and March on record and as of June 14, 2022, over 70% of the state was in a state of either extreme or exceptional drought, according to data from the National Oceanic and Atmospheric Administration.
In 2020, the San Francisco Fire Department reported over 100 grass fires and the Los Angeles Fire Department nearly 400 fires, many thought to have been started by fireworks. Fireworks at a gender-reveal party in Yucaipa set off the El Dorado fire in September 2020, a blaze that killed one firefighter and took until November of that year to extinguish. In the 10-year period, 8,427 fires caused by fireworks were reported to the OSFM.
- Seized fireworks. Unburned fireworks may be hazardous because they are reactive (i.e., explosive), and may contain a number of toxic metals and chemicals, as described above. Each year, the OFSM seizes hundreds of thousands of pounds of unburned and confiscated fireworks. Under current law, seized fireworks, including safe and sane fireworks seized in a jurisdiction in which they are illegal, are required to be managed by the OFSM. If classified as hazardous, seized fireworks must be managed under state and federal hazardous waste requirements.
According to DTSC, thousands of tons of consumer fireworks are shipped into California each year, only a fraction of which are confiscated by local law enforcement. According to the OSFM, seizures of illicit fireworks have been increasing each year and mostly occur from March through the July Fourth celebrations. Notably, several previous legislative attempts to establish a second legal period for fireworks use over the New Year’s holiday in the state have failed; though, from a fire risk perspective, fireworks set off in summer are riskier than those ignited in winter.
The magnitude of the problem in the state is exacerbated by the arrival of fireworks that may be headed for other (western) states in the Ports of Long Beach, Los Angeles, and Oakland. In recent years, there have been major seizures of illegal fireworks that had arrived in the ports of Los Angeles and Long Beach, ranging from 15 to 25 tons each.
- Disposal of seized fireworks. Once a hazardous waste determination by the OFSM has been made or after the seized fireworks are no longer subject to a judicial hold, DTSC regulations require the hazardous waste to be transferred to a permitted hazardous waste facility within 90 days. The disposal is complicated by the sheer volume of seized fireworks, the associated cost, and logistical challenges. Currently, local law enforcement agencies notify the SFM of seized fireworks. These have to be separated into dangerous and safe and sane fireworks and are held in trust by local agencies until disposal is further managed by the OFSM. Loose fireworks must be placed in labeled, quality cardboard boxes with functional lids. The OSFM recommends local agencies to store seized fireworks in storage buildings, trailers, semitrailers, metal shipping containers, or magazines. Consequently, storage space is an issue when thousands of pounds of material are seized.
For disposal, the OSFM contracts with a federally approved hazardous waste transporter to ship the fireworks to a facility in Utah, one of only two facilities nationwide permitted to process final disposal of fireworks. No such authorized facility exists in California. The facility in Louisiana is currently not being used by the state due to location and its close proximity to inhabited housing and the potential for groundwater contamination at the site. Transport and disposal costs $10 per pound of fireworks, bringing the annual cost to the state to the low millions. This does not include the cost of storage.
- Environmental pollution by fireworks. According to the American Chemical Society, most fireworks contain a small tube, known as the aerial shell, made of gunpowder and small inclusions of explosive materials, called stars. The explosion of these stars is what gives fireworks their colors and shapes. Each star contains four chemical ingredients: an oxidizing agent, a fuel, a metal-containing colorant, and a binder. In the presence of an ignition source, the oxidizing agent and the fuel react chemically to create intense heat and gas. The energy from the high temperatures excites electrons in the colorants’ metals. Almost immediately after excitation, the electrons return to their original energy state, emitting their distinct color spectrum in the process. Different metals in the fireworks produce different colors of light when heated. For example, lithium salts produce pink, sodium salts yellow or orange, strontium salts red, barium salts green, and copper salts blue colors.
Given the toxic chemicals, including metals and perchlorates, in fireworks and the aerial dispersal of chemicals that can move into local soil and water, setting off fireworks can contribute significantly to environmental pollution. The oxidized metal compounds are aerosolized and can have negative health impacts on people and wildlife. The combustion reaction further releases gases such as carbon dioxide, carbon monoxide, and nitrogen.
Comments
- Purpose of Bill. According to the author, "AB 1403 is necessary for communities across the state because there has been much disruption and safety concerns that illegal fireworks have caused in our communities. We must take other measures to ensure that illegal fireworks are not putting the lives of people in danger. This is why the creation of the State Fire Marshall Statewide Illegal Fireworks Enforcement Action Fund in the State Treasury is crucial. All monies transferred into the fund will be used by the State Fire Marshal to assist in the enforcement of statewide and local programs concerning illegal and dangerous fireworks."
- A balanced approach. AB 1403 is a balanced approach that seeks additional information from the OFSM regarding illegal fireworks and the resources needed to improve the state's management and enforcement of illegal fireworks as well as acknowledging the training and funding needs for local police and fire departments.
Related/Prior Legislation
SB 277 (Archuleta, Chapter 238, Statutes of 2022) authorizes the OSFM to manage, instead of requiring the OSFM to dispose of, dangerous fireworks that are seized in the state, as specified.
AB 2740 (Carrillo, 2020) would have expanded the definition of dangerous fireworks and required the OSFM to identify and evaluate methods to track all containers containing dangerous fireworks, as specified. This bill was never referred to committee, and subsequently died on file.
SB 794 (Stern, 2017) would have, until January 1, 2024, established the Fireworks Stewardship Program to create a uniform statewide policy regarding a state, county, special district, and local government entity’s safe seizure, storage, repurposing, destruction, or disposal of 1.4G these federally approved dangerous fireworks and 1.4G California-classified safe and sane fireworks. This bill was referred to, but not heard, in the Assembly Governmental Organization Committee.
DOUBLE REFERRAL:
This measure was heard in Senate Government Organization Committee on June 27, 2023, and passed out of committee with a vote of 14-0.
SOURCE:
Author
SUPPORT:
American Promotional Events, INC.
California Fire Chiefs Association
City of Norwalk
Elk Grove; City of
Fire Districts Association of California
Mayor Matt Mahan, City of San Jose
Residents Against Illegal Fireworks in Sacramento County
Solano County Democratic Central Committee
OPPOSITION:
None received
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2023 - 2024 Regular
Bill No: 1403 Hearing Date: 6/27/2023
Author: | |||
Version: | 4/6/2023 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Brian Duke | ||
SUBJECT: Public safety: fireworks: enforcement: funding
DIGEST: This bill requires the State Fire Marshal (SFM), by January 1, 2025, to collect and analyze data about firework-related fires, damages, and arrests; submit a workload analysis to the relevant committees of the Legislature and train local authorities on relevant regulations related to fireworks, as specified. Additionally, this bill authorizes and limits local jurisdictional fees covering costs related to fireworks sales permits, inspection, public education, enforcement, and fire operation efforts, as specified.
ANALYSIS:
Existing law:
- Authorizes the retail sale of safe and sane fireworks in California from June 28 to July 6, annually, pursuant to a license issued by the SFM, unless otherwise prohibited or regulated by law or ordinance. A new retail license is required each year, as specified.
- Requires the SFM, on or before July 1, 2008, to 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.
- Authorizes the seizure of dangerous fireworks used, possessed, stored, or manufactured, or transported by a person who does not possess a valid permit authorizing that activity.
- Requires any dangerous fireworks seized be managed by the SFM, as specified.
- Establishes the SFM Fireworks Enforcement and Disposal Fund to further assist in statewide programs for the enforcement, prosecution, disposal, and management of seized dangerous fireworks; the education of public safety agencies in the proper handling and management of dangerous fireworks; assist the SFM in identifying and evaluating methods to capture more detailed data; and to further assist in public safety and education efforts, as specified.
This bill:
- Requires the SFM, on or before January 1, 2025, 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. The SFM shall collect data pursuant to a methodology developed in consultation with the SFM’s General Fireworks Advisory Committee.
- Requires the SFM, on or before January 1, 2025, to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all of the following:
- The seizure, collection, transportation, and storage of seized fireworks.
- The enforcement of statewide programs concerning illegal and dangerous fireworks.
- Prosecution related to seized fireworks.
- Investigations of illegal and dangerous fireworks.
- Includes a sunset date for submitting a report of January 1, 2028.
- Authorizes a charter city, city, county, or fire protection district, or city and county that adopts an ordinance authorizing the sale of safe and sane fireworks from June 28 to July 6, to require each applicant receiving a permit to pay a fee to the jurisdiction of a pro rata portion of the actual and reasonable costs that jurisdiction incurs that is related to any of the following:
- Processing and issuing permits.
- Inspection of fireworks stands.
- 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.
- Enforcing the provisions of the code of the jurisdiction with respect to the sale of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris, as specified.
- Fire operation and suppression efforts that are directly related to safe and sane fireworks.
- Requires the pro rata share of the costs to 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.
- Limits the pro rata share of costs to seven percent of the gross sales of the fireworks sold in the jurisdiction during the applicable period, as specified.
- Requires the SFM and the Department of Toxic Substances Control (DTSC), subject to appropriation by the Legislature, to train local fire and law enforcement personnel on the requirements of this bill.
- Requires the SFM, 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.
- The training and education may include, but is not limited to, the following specific areas:
- Standards for the transportation, storage, and handling of fireworks and pyrotechnic articles in accordance with existing law, as specified.
- Recognition of explosive materials and isolation procedures in accordance with existing law, as specified.
- Recognition of commercial, consumer, and illegal fireworks in accordance with existing law, as specified.
Background
Author Statement. According the author’s office, “throughout the years the use of fireworks have caused harm on our communities and environment. AB 1403 seeks to remedy this by requiring the Office of State Fire Marshal to analyze data on the amount of fires, damages, seizures, arrests, and fireworks disposal issues that have been incurred by the use of both safe and sane and illegal fireworks. In addition, this bill would require the SFM and Dept. of Toxic Substances Control to train local fire and law enforcement personnel on the requirements associated with the management of seized fireworks. AB 1403 aims to also give the local jurisdictions that permit the sale of safe and sane fireworks to levy a fee for the actual and reasonable costs related to the processing and issuing of permits; inspection of fireworks stands; public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks.”
California Fireworks Program. California's Fireworks Law AB 475 (Red wine, Chapter 534, Statutes of 1939) tasks the SFM, which is today within the Department of Forestry and Fire Protection (Cal FIRE), as the only fireworks classification authority in California. Fireworks are classified through laboratory analysis, field examinations and test firing of items. As part of the program, the SFM requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high powered and experimental rockets, must also pass a written examination and provide proof of experience.
Existing law defines dangerous fireworks as any firework containing any of a specified list of chemicals such as, among others, arsenic sulfide, boron, and phosphorous that is red or white, except that red phosphorous is permissible in caps and party poppers; firecrackers; skyrockets; Roman candles; chasers; large sparklers; any firework designed to create an element of surprise, including but not limited to auto foolers, cigarette loads, exploding golf balls, and trick matches; devil-on-the-walk; torpedoes of all kinds that explode on impact; fireworks kits; and other fireworks examined and tested by the SFM and determined to possess characteristics of design or construction that make the fireworks unsafe for use by a person not specially qualified or trained in the use of fireworks.
The SFM can also deem a firework to be "exempt" if it is limited to industrial, commercial, agricultural use, or religious ceremonies. All fireworks that are neither dangerous nor exempt are, by definition, "safe and sane" fireworks. The retail sale of these is legal in California between noon on June 28 and noon on July 6 of every calendar year, but may be prohibited locally through ordinances. For example, the City of Los Angeles prohibits all fireworks. Public fireworks shows can be conducted by state-licensed pyrotechnicians with licenses obtained from the SFM.
Approximately 290 communities in California currently allow the purchase and use of state-approved fireworks for the July Fourth holiday. Typically, non-profit organizations like women's shelters, service clubs (like Rotary), Boy Scout and Girl Scout troops, PTAs, Little Leagues, and other neighborhood associations operate fireworks stands. To sell safe and sane fireworks, retailers must each year apply for and be granted a license from the SFM and pay the necessary fees to the state. Local jurisdictions also require a permit to sell lawful fireworks in addition to the necessary state license. Some local jurisdictions charge an administrative fee for handling permits as well as additional related costs. The revenue is generally used for education, over-time staffing, enforcement duties, and other fireworks related activities.
This bill authorizes a local jurisdiction that has adopted an ordinance or resolution for the sale of safe and sane fireworks to require each applicant receiving a sales permit to pay a fee to the jurisdiction for a pro rata portion of the actual and reasonable costs the jurisdiction incurs related to processing and issuing permits, inspection of fireworks stands, public education and awareness campaigns regarding the safe and responsible use of fireworks, enforcing provisions of existing law, and fire and suppression efforts that are directly related to safe and sane fireworks. This bill limits the pro rata share of costs to no more than seven percent of the gross sales of fireworks sold in the jurisdiction. The author’s office points out that this bill will create consistency by providing a set structure and limit on these fees if the local jurisdiction chooses to adopt an ordinance accepting this fee structure.
A person or business that sells safe and sane fireworks without a permit risks a sizable fine as well as possible legal action. It is a misdemeanor crime to violate the California State Fireworks Law. Violators are subject to a maximum $1,000 fine and up to one year in a county jail. However, penalties increase for possession of large quantities of dangerous fireworks, and prosecutors could charge the violator with a felony, punishable by up to three years in state prison and fines up to $50,000. Federal law also prohibits the transport of fireworks across state lines to a state where the use or possession of the firework is illegal. This is particularly relevant as dangerous fireworks often make their way into California from neighboring states.
Fire Risk. According to the National Fire Protection Association (NFPA), an estimated 19,500 fires were started by fireworks nationwide in 2018. These fires caused five civilian deaths, 46 civilian injuries, 17,100 outside and other fires, 1,900 structure fires, 500 vehicle fires, and $105 million in direct property damage.
In the same year, United States (U.S.) emergency rooms treated over 9,000 people for fireworks related injuries, with children younger than age 15 accounting for 36% of all injuries, according to a U.S. Consumer Product Safety Commission report. The hot and arid conditions, in combination with the prolonged drought conditions plaguing the state, significantly increase the risk of fires due to fireworks and accelerate the spread of fires. In 2022, California experienced the driest period between January and March on record and as of June 14, 2022, over 70% of the state were in a state of either extreme or exceptional drought, according to data from the National Oceanic and Atmospheric Administration.
In a July 2021 LA Times article titled "No such thing as 'safe and sane' fireworks in a bone-dry California primed to burn", the LA County fire chief, Daryl Osby, said about the situation in the county, "It’s out of control. Every year, we confiscate more illegal fireworks. We think that’s a good year, but if you live in Los Angeles County, you can see all the aerial fireworks that go up. They’re all illegal."
In 2020, the San Francisco Fire Department reported over 100 grass fires and the Los Angeles Fire Department nearly 400 fires, many thought to have been started by fireworks. Fireworks at a gender-reveal party in Yucaipa set off the El Dorado fire in September 2020, a blaze that killed one firefighter and took until November of the year to extinguish. Data reported by the SFM in June 2022 on fires caused by fireworks in the state between 2012 and 2021 demonstrate the magnitude of the problem. In the 10-year period, 8,427 fires caused by fireworks were reported to the SFM.
Seized Fireworks in California. Fireworks not designated “safe and sane” are considered to be illegal in the State of California. As a result, there are illegal fireworks seized in California that are legal to be sold in other states per federal and other state regulations. Existing law requires the SFM to dispose of "dangerous fireworks" within 60 days upon receiving notification from the local jurisdictions that seized them. If these fireworks are deemed hazardous waste, they must be handled according to state and federal hazardous waste laws, and can only be transported, treated, stored, or disposed of by registered and authorized facilities.
The State's Explosives Law authorizes the SFM to adopt regulations for the safe use, handling, storage, and transportation of explosives. Under those regulations local law enforcement agencies track the location of storage magazines within their jurisdictions through a permit process. Special exemptions have been provided within the regulations to allow for limited possession and storage of some explosives, such as black powder, used by hunters and the sporting community.
According to the SFM the seizures of these fireworks have been increasing each year and begin to occur around March with an uptick in interdictions moving towards the 4th of July period of the year. Each year, the state seizes on average over 220,000 pounds of fireworks that will need to be disposed. In 2020, a statewide operation conducted between June 26 and 30 designed to prevent illegal fireworks from entering California resulted in the confiscation of nearly 50,000 pounds of illegal fireworks, and resulted in 29 felonies, 165 misdemeanors, and 25 infractions. Over the years, the focus has been on properly disposing of the stockpiles leaving few resources, if any, for enforcement.
The problem of illegal fireworks in California is exacerbated by the fact that so many legal fireworks in other western states arrive in California at the Ports of Long Beach, Los Angeles, and Oakland, and are then shipped via ground either by rail or truck to their final destination. In recent years, there have been major seizures of illegal fireworks, particularly in Southern California warehouses, that have ranged from 15 to 25 tons each, which were drop-shipments from one of the two Southern California ports.
With rapid population growth in the state and the commensurate growth of the sale of state-approved "safe and sane" fireworks, along with illegal and dangerous fireworks that continue to flow into California, additional pressures are being placed on Cal FIRE and the SMF to provide enforcement, education, and disposal of seized illegal and dangerous fireworks. The lack of enforcement of illegal fireworks has been a continuing issue for California. The accumulation of seized fireworks creates a significant hazard to the environment. It also presents fire and safety risks, which in turn creates an increased liability to both SFM and the state. In 2015, the SFM began contracting with vendors to transport fireworks out of the state for disposal, however, the program received no funding in Fiscal Year (FY) 2017-18, and for most of FY 2018-19 resulting in a stockpiling of illegal fireworks by the state.
In October 2018, the Brown Administration produced a budget change proposal and moved $3.6 million into the FED Fund to fund illegal fireworks enforcement, disposal, and public education for the balance of FY 2018-2019. When Governor Newsom introduced and proposed his State Budget for FY 2019-2020, he included an ongoing $3.6 million for Fireworks Enforcement, Education and Disposal. That $3.6 million was also included in Governor Newsom’s FY 2020-2021 proposal. Since the start of FY 2020-2021, 226,000 pounds of illegal fireworks have already been collected. The SFM’s Fire Engineering Division is attempting to regain its footing, staff-up and re-assert itself over an illegal fireworks marketplace that has gone from firecrackers and bottle-rockets in 2000 to rampant use of illegal mortars and aerial shells, some even of the commercial size and variety in 2020.
This bill revives an attempt to collect and evaluate data on fireworks codified in SB 839 (Calderon, Chapter 563, Statutes of 2007). That bill required the SFM, by July 1, 2008, to identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by dangerous and safe and sane fireworks. This bill again requires the SFM to identify and evaluate those methods by July 1, 2024.
Additionally, this bill requires the SFM, on or before January 1, 2025, to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of dangerous illegal fireworks and safe and sane fireworks. This bill requires the SFM to provide that report to the appropriate policy and budget committees of the respective houses of the Legislature, including a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel.
This bill requires, subject to appropriation by the Legislature, the SFM and DTSC to train local fire and law enforcement personnel on the handling of fireworks. The training must focus on the proper methods of transportation, storage, and handling of fireworks; identification of explosive materials; and recognition of different types of fireworks. The SFM will develop, publish, and provide the training in consultation with relevant public agencies, the fireworks industry, and other stakeholders.
Prior/Related Legislation
SB 277 (Archuleta, Chapter 238, Statutes of 2022) requires the SFM to manage seized fireworks classified as hazardous waste in compliance with California and federal laws, rather than dispose of them, and ensures that transportation and disposal of this hazardous waste is handled only by registered and authorized facilities.
AB 1497 (Frazier, 2021) would have increased fines for breaking the State Fireworks Law, owning a certain amount of dangerous fireworks, and penalties for a third or more conviction, as specified. (Never heard in the Assembly Governmental Organization Committee)
AB 1588 (Committee on Governmental Organization, 2021) would have created the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund dedicated to improving the enforcement of statewide programs concerning illegal and dangerous fireworks, as specified. (Never heard in the Senate Governance and Finance Committee)
AB 2740 (Carrillo, 2020) would have broadened the definition of dangerous fireworks to include those containing certain hazardous substances, required the SFM to track all dangerous fireworks imported into or exported out of California, and called for an annual charge on importers based on the volume of product imported, as specified. (Never referred to a policy committee in the Assembly)
SB 794 (Stern, 2017) would have established the Fireworks Stewardship Program to create a uniform statewide policy regarding a state, county, special district, and local government entity’s safe seizure, storage, repurposing, destruction, or disposal of 1.4G federally approved dangerous fireworks and 1.4G California, classified safe and sane fireworks, as specified. (Never heard in the Assembly Governmental Organization Committee)
SB 677 (Mendoza, 2015) would have authorized the sale of safe and sane fireworks during the week preceding New Year’s Day and would have made numerous changes to the state laws governing fireworks and their disposal, as specified. (Failed passage in the Senate Governmental Organization Committee)
AB 475 (Redwine, Chapter 534, Statutes of 1939) California’s Fireworks Law, among other things, defined “dangerous fireworks” and “safe and sane fireworks,” and prohibited any person without a permit from manufacturing, possessing, or selling any dangerous fireworks, from selling any safe and sane fireworks as a retailer, and from discharging dangerous fireworks in any place.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
TNT Fireworks (Source)
American Promotional Events, Inc.
California Fire Chiefs Association
City of Elk Grove
City of Norwalk
Cosumnes Community Services District
El Camino HS Boosters: Gridiron
Elmhurst Neighborhood Association
Fire Districts Association of California
Meadowview Neighborhood Association
Phantom Fireworks
Residents Against Illegal Fireworks in Sacramento County
Robla Education Foundation
Sacramento County Supervisor Sue Frost
Solano County Democratic Central Committee
Several Individuals
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: In support of the bill, TNT Fireworks write that, “[w]e are grateful that Assemblymember Garcia is willing to take on the challenge of stopping the illegal importation into and the sale of illegal fireworks in California. We are committed to working very closely with CALFIRE, the OSFM, CAL CHIEFS, the California Department of Justice, local jurisdictions, and other stakeholders to make sure that AB 1403 is indeed what we all hope it will be… a serious and workable solution to impacting the massive, year-round importation of illegal fireworks in California.”
DUAL REFERRAL: Senate Governmental Organization Committee & Senate Environmental Quality Committee
ASSEMBLY THIRD READING
ATR Bill Id:AB 1403
Author:(Garcia)
As Amended Ver:April 6, 2023
Majority vote
SUMMARY
Requires, by January 1, 2025, the Office State Fire Marshall (OSFM) to collect and analyze data relating to dangerous illegal fireworks and safe and sane fireworks; authorizes local agencies, as specified, to adopt an ordinance for the actual and reasonable costs associated with safe and sane and illegal fireworks; and requires the OSFM and the Department of Toxic Substances Control (DTSC) to develop training for the proper management of seized fireworks.
Major Provisions
- Requires, on or before January 1, 2025, the OSFM 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.
- Requires, on or before January 1, 2025, the OSFM to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding the seizure, collection, transportation, and storage of seized fireworks; the enforcement of statewide programs concerning illegal and dangerous fireworks; prosecution related to seized fireworks; and, investigations of illegal and dangerous fireworks.
- Authorizes a charter city, city, county, fire protection district, or city and county, to adopt through an ordinance or resolution, a requirement that an applicant that received a permit (for the sale or use of fireworks) to pay a fee for the actual and reasonable costs related to the processing and issuing of permits; inspection of fireworks stands; public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks; enforcing provisions of their respective code with respect to the sale and use of safe and sane fireworks; and, fire operation and suppression efforts that are directly related to safe and sane fireworks.
- Subject to an appropriation by the Legislature, requires the OSFM and DTSC to train local fire and law enforcement personnel on the requirements associated with the management of seized fireworks.
- Requires the OSFM, subject to an appropriation by the Legislature, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, to develop, publish, and provide necessary guidance and training to local agencies that seize, collect, transport, store, and treat seized fireworks.
COMMENTS
Background.
The California's Fireworks Law, passed in 1938, established the OSFM as the only fireworks classification authority in California. Currently, the OSFM is part of the California Department of Forestry and Fire Protection (CalFIRE). Fireworks are classified through laboratory analysis, field examinations, and test firing of items. As part of the program, OSFM requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high-powered and experimental rockets, must also pass a written examination and provide proof of experience.
State law defines "dangerous fireworks" as any firework containing any of a specified list of chemicals such as, among others, arsenic sulfide, boron, mercury salts, red or white phosphorous, picrates, and thyocyanates. Types of dangerous fireworks include firecrackers; skyrockets; Roman candles; chasers; large sparklers; any firework designed to create an element of surprise, including but not limited to auto foolers, cigarette loads, exploding golf balls, and trick matches; devil-on-the-walk; torpedoes of all kinds that explode on impact; fireworks kits; and other fireworks examined and tested by the OSFM and determined to possess characteristics of design or construction that make the fireworks unsafe for use by a person not specially qualified or trained in the use of fireworks.
The OSFM can also deem a firework to be "exempt" if it is limited to industrial, commercial, agricultural use, or religious ceremonies. All fireworks that are neither dangerous nor exempt are, by definition, "safe and sane" fireworks. The retail sale of these is legal in California between noon on June 28 and noon on July 6 of every calendar year, but may be prohibited locally through ordinances. For example, the City of Los Angeles prohibits all fireworks. Public fireworks shows can be conducted by state-licensed pyrotechnicians with licenses obtained from the OSFM.
Approximately 290 communities in California currently allow the purchase and use of state-approved fireworks for the July Fourth holiday. Typically, non-profit organizations like women's shelters, service clubs (like Rotary), Boy Scout and Girl Scout troops, PTAs, Little Leagues, and other neighborhood associations operate fireworks stands. To sell safe and sane fireworks, retailers must each year apply for and be granted a license from the OSFM and pay the necessary fees to the state. Local jurisdictions also require a permit to sell lawful fireworks in addition to the necessary state license. Some local jurisdictions charge an administrative fee for handling permits as well as additional related costs. The revenue is generally used for education, over-time staffing, enforcement duties, and other fireworks related activities. The author's office points out that this bill will create consistency by providing a set structure and limit on these fees if the local jurisdiction chooses to adopt an ordinance accepting this fee structure.
A person or business that sells safe and sane fireworks without a permit risks a sizable fine as well as possible legal action. It is a misdemeanor crime to violate the California State Fireworks Law. Violators are subject to a maximum $1,000 fine and up to one year in a county jail. However, penalties increase for possession of large quantities of dangerous fireworks, and prosecutors could charge the violator with a felony, punishable by up to three years in state prison and fines up to $50,000. Federal law also prohibits the transport of fireworks across state lines to a state where the use or possession of the firework is illegal. This is particularly relevant as dangerous fireworks often make their way into California from neighboring states.
Seizing Fireworks in California. Fireworks not designated "safe and sane" are considered to be illegal in the State of California. As a result, there are illegal fireworks seized in California that are legal to be sold in other states per federal and other state regulations. Existing law requires the OSFM to dispose of "dangerous fireworks" within 60 days upon receiving notification from the local jurisdictions that seized them. These seized fireworks range from unpackaged improvised devices, to fireworks that are legal to be sold in other states, as well as safe and sane fireworks that have been seized in any part of the state that does not permit the sale.
Each year, the state seizes an average of more than 220,000 pounds of fireworks that require disposal. For years, the focus has been on properly disposing of the stockpile, with few resources available for enforcement. Additionally, federally approved waste haulers are required to transport all seized fireworks to an approved out-of-state hazardous waste facility.
With the growth of the sale of state-approved "safe and sane" fireworks, along with illegal and dangerous fireworks that continue to flow into California, additional pressures are being placed on Cal FIRE and the OSFM to provide enforcement, education, and disposal of seized illegal and dangerous fireworks. The accumulation of seized fireworks creates a significant hazard to the environment. It also presents fire and safety risks, which in turn creates an increased liability to both the OSFM and the state.
Fire Risk. According to the National Fire Protection Association (NFPA), an estimated 19,500 fires were started by fireworks nationwide in 2018. These fires caused five civilian deaths, 46 civilian injuries, 17,100 outside and other fires, 1,900 structure fires, 500 vehicle fires, and $105 million in direct property damage.
In a July 2021 LA Times article titled "No such thing as 'safe and sane' fireworks in a bone-dry California primed to burn", the LA County fire chief, Daryl Osby, said about the situation in the county, "It's out of control. Every year, we confiscate more illegal fireworks. We think that's a good year, but if you live in Los Angeles County, you can see all the aerial fireworks that go up. They're all illegal."
In 2020, the San Francisco Fire Department reported over 100 grass fires and the Los Angeles Fire Department nearly 400 fires, many thought to have been started by fireworks. Fireworks at a gender-reveal party in Yucaipa set off the El Dorado fire in September 2020, a blaze that killed one firefighter and took until November of the year to extinguish. Data reported by the OSFM in June 2022 on fires caused by fireworks in the state between 2012 and 2021 demonstrate the magnitude of the problem. In the 10-year period, 8,427 fires caused by fireworks were reported to the OSFM.
Disposal of Seized Fireworks. Upon seizure, California Department of Toxic Substances Control (DTSC) regulations require the hazardous waste to be transferred to a permitted hazardous waste facility within 90 days. The disposal is complicated by the sheer volume of seized fireworks, the associated cost, and logistical challenges. Currently, local law enforcement agencies notify the OSFM of seized fireworks. These have to be separated into dangerous and safe and sane fireworks and are held in trust by local agencies until disposal is available. Loose fireworks must be placed in labeled, quality cardboard boxes with functional lids. The OSFM recommends local agencies to store seized fireworks in storage buildings, trailers, semitrailers, metal shipping containers, or magazines. Consequently, storage space is an issue when thousands of pounds of material are seized.
For disposal, the OSFM contracts with a federally approved hazardous waste transporter to ship the fireworks to a facility in Utah, one of only two facilities nationwide permitted to process final disposal of fireworks. California lacks any facility with such authorization. The facility in Louisiana is currently not being used by the state due to location and its close proximity to inhabited housing and the potential for groundwater contamination at the site. Transport and disposal costs $10 per pound of fireworks, bringing the annual cost to the state to the low millions. This does not include the cost of storage. On the other hand, as more fireworks are seized, the state faces greater financial pressure to dispose of them. In the end, the risk of accidents and fires increases as more fireworks are set-off.
According to the Author
According to the author, "While having made great strides in improving illegal fireworks enforcement strategies, local jurisdictions across our state are still plagued by an ever-growing illegal important of these dangerous, illegal items in California." By allowing local agencies to levy a fee on the retail sale of fireworks, the author estimates "the 297 Californian communities that permit the sale and use of state-approved fireworks on July Fourth could receive up to $8 million in fees" to support local enforcement.
Arguments in Support
According to Phantom Fireworks, this bill's revenue will help local governments offset the actual and reasonable costs incurred by that jurisdiction for, among other things, processing and issuing fireworks permits, inspecting fireworks stands, public awareness and education campaigns for the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts.
The City of Elk Grove writes, "This bill addresses the growing crisis of the illegal importation and sales of dangerous illegal fireworks into California and how the OSFM, local jurisdictions, and California-licensed safe and sane fireworks wholesalers are trying to put a stop to this now year-round menace. The City of Elk Grove has experienced a huge uptick in fires between 1 a.m. and 5 a.m. because people did not properly dispose of their July 4th fireworks."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee
- Costs of approximately $789,000 in the first year, $745,000 in the second year, and $699,000 annually thereafter to the OSFM to identify better methods to capture fireworks data, analyze collected data, report to the Legislature the amount of resources needed for local fireworks enforcement, and develop guidelines and training for local enforcement (General Fund (GF)).
- Cost pressures of an unknown, but likely significant amount, to appropriate funds to bolster local fireworks enforcement at the level determined by OSFM's workload analysis, as well as to the OSFM and DTSC for local enforcement training (GF or special fund).
DTSC anticipates its role to be minor in comparison to the OSFM's, as DTSC's jurisdiction as it relates to fireworks is primarily the proper handling of fireworks once they are deemed hazardous waste.
VOTES
ASM GOVERNMENTAL ORGANIZATION: 16-0-6
YES: Santiago, Lackey, Aguiar-Curry, Berman, Cervantes, Megan Dahle, Davies, Jones Sawyer, Mathis, McCarty, McKinnor, Quirk-Silva, Ramos, Robert Rivas, Blanca Rubio, Villapudua
ABS, ABST OR NV: Bryan, Garcia, Gipson, Low, Jim Patterson, Ta
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 8-0-1
YES: Lee, Hoover, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Zbur
ABS, ABST OR NV: Ta
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: April 6, 2023
CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0000794
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1403
Author:(Garcia) – As Amended Ver:April 6, 2023
Policy Committee: | Governmental Organization | Vote: | 16 - 0 |
Environmental Safety and Toxic Materials | 8 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the State Fire Marshal to develop fireworks enforcement guidance and training for local agencies and authorizes a local agency to assess a fee to cover the actual and reasonable costs of fireworks enforcement.
Specifically, this bill:
- Requires, by July 1, 2024, the State Fire Marshal (SFM) to identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by dangerous fireworks and safe and sane fireworks.
- Requires, by January 1, 2025, the SFM to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of dangerous illegal fireworks and safe and sane fireworks. The SFM must provide the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding these topics.
- Authorizes a city, county, and fire protection district with an ordinance or resolution authorizing the sale of safe and sane fireworks to require each retail applicant receiving a fireworks permit to pay a fee to the local agency to cover the actual and reasonable costs incurred related to the sale of fireworks, such as processing permits, inspecting of fireworks stands, and providing fire suppression efforts.
- Requires the SFM, in consultation with relevant state and local agencies and the fireworks industry, to develop and publish necessary guidance and training to local agencies that seize, collect, transport, store, and treat seized fireworks.
- Requires, upon appropriation, the SFM and Department of Toxic Substances Control (DTSC) to train local fire and law enforcement personnel on fireworks enforcement.
FISCAL EFFECT:
- One-time costs of an unknown, but likely significant amount, in excess of $150,000, to the SFM to identify better methods to capture fireworks data, analyze collected data, report to the Legislature the amount of resources needed for local fireworks enforcement, and develop guidelines and training for local enforcement (General Fund (GF)).
- Cost pressures of an unknown, but likely significant amount, to appropriate funds to bolster local fireworks enforcement at the level determined by SFM’s workload analysis, as well as to the SFM and DTSC for local enforcement training (GF or special fund).
DTSC anticipates its role to be minor in comparison to the SFM’s, as DTSC’s jurisdiction as it relates to fireworks is primarily the proper handling of fireworks once they are deemed hazardous waste.
COMMENTS:
- Purpose. According to the author, “While having made great strides in improving illegal fireworks enforcement strategies, local jurisdictions across our state are still plagued by an ever-growing illegal important of these dangerous, illegal items in California.” By allowing local agencies to levy a fee on the retail sale of fireworks, the author estimates “the 297 Californian communities that permit the sale and use of state-approved fireworks on July Fourth could receive up to $8 million in fees” to support local enforcement. This bill is supported by Phantom Fireworks and the cities of Elk Grove and Norwalk.
- Fireworks Enforcement. Existing law allows the annual retail sale of “safe and sane” fireworks from June 28 to July 6, pursuant to a license issued by the SFM. Currently, approximately 290 communities in California permit the sale and use of state-approved fireworks during the allowable Independence Day window. Fireworks not designated “safe and sane” are illegal in California, although such “dangerous” fireworks may be legally sold in other states. Safe and sane fireworks can also be seized in a part of the state that does not permit such sales.
According to the SFM, seizure of dangerous fireworks has been increasing each year, beginning around March with an uptick as July 4 approaches. A 2020 study by the National Fire Protection Association found that fireworks started an estimated 19,500 fires across the United States in 2018, leading to five civilian deaths, 46 civilian injuries and $105 million in direct property damage. This bill authorizes a local agency to assess a fee to cover the actual and reasonable costs of fireworks enforcement and requires the SFM to determine best practices for fireworks enforcement.
- Prior Legislation. SB 277 (Archuleta), Chapter 238, Statutes of 2022, required the SFM to “manage,” rather than “dispose of,” dangerous fireworks and required the SFM to ensure any dangerous fireworks seized that are identified as hazardous waste are managed in accordance with state and federal hazardous waste laws.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 12, 2023
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Miguel Santiago, Chair
ABPCA Bill Id:AB 1403 (
Author:Garcia) – As Amended Ver:April 6, 2023
SUBJECT: Public safety: fireworks: enforcement: funding
SUMMARY: Requires the Office of the State Fire Marshal (SFM) to, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, to develop, publish, and provide necessary guidance and training to local agencies that seize, collect, transport, store, and treat seized fireworks, as provided. The bill would require the SFM and the Department of Toxic Substances Control to train local fire and law enforcement personnel on fireworks enforcement, as provided. Allows the governing body of a charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution authorizing fireworks sales to adopt an ordinance or resolution requiring each applicant receiving a permit to pay a fee to the charter city, city, county, fire district, or city and county. The amount of the fee is a pro rata portion of the actual and reasonable costs that is incurred due to the sale of such fireworks, as defined. Specifically, this bill:
1) Provides on or before July 1, 2024, the SFM 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 SFM shall furnish a copy of these evaluation methods to any interested person upon request.
2) Provides on or before January 1, 2025, the SFM 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 SFM shall collect data pursuant to a methodology developed in consultation with the SFM’s General Fireworks Advisory Committee.
3) Provides on or before January 1, 2025, the SFM shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following:
a) The seizure, collection, transportation, and storage of seized fireworks.
b) The enforcement of statewide programs concerning illegal and dangerous fireworks.
c) Prosecution related to seized fireworks.
d) Investigations of illegal and dangerous fireworks.
4) Provides, a charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution, as provided, 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 protection 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:
a) Processing and issuing permits.
b) Inspection of fireworks stands.
c) 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.
d) 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, as defined.
e) Fire operation and suppression efforts that are directly related to safe and sane fireworks.
5) States that the pro rata portion of the above-mentioned 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, 2024, would be authorized to supersede this stipulation.
6) Provides, subject to an appropriation by the Legislature, the SFM and the Department of Toxic Substances Control shall train local fire and law enforcement personnel, as defined.
7) Provides, the SFM 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:
a) Standards for the transportation, storage, and handling of fireworks and pyrotechnic articles, as stipulated.
b) Recognition of explosive materials and isolation procedures, as defined.
c) Recognition of commercial, consumer, and illegal fireworks, as specified.
EXISTING LAW:
1) Authorizes the retail sale of safe and sane fireworks from June 28 to July 6, annually, pursuant to a license issued by the SFM, unless otherwise prohibited or regulated by law or ordinance. A new retail sales license shall be required annually for the period, as specified. (HSC § 12599)
2) Prohibits the sale, use, or discharge of fireworks in any city, county, or city and county or a special district in which the sale, use, or discharge is otherwise prohibited or regulated by law or ordinance. (HSC § 12541)
3) Defines "safe and sane fireworks" as any fireworks not under the definition of "dangerous fireworks" or "exempt fireworks". (HSC § 12529)
4) Defines "exempt fireworks" as any special item containing pyrotechnic compositions which the SFM, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. (HSC § 12508)
5) Makes the possession of dangerous fireworks, except when the person possessing the dangerous fireworks holds and is operating within the scope of a valid license, subject to various penalties depending on the gross weight in possession, including the penalty of a misdemeanor.
6) Requires the SFM, at least once a year, and in consultation with the Attorney General, to serve notice to any individual or business known to supply fireworks that any unauthorized shipments of fireworks into California will result in an immediate report to federal authorities with a request for any relevant federal prosecution.
7) Authorizes the SFM to issue any of several licenses (HSC § 12570), including:
a) A manufacturer’s license allowing the manufacture of fireworks and other pyrotechnic devices of all types and the sale and transport to licensed wholesalers in California only and the sale to special effects pyrotechnic operators, as specified. (HSC § 12571);
b) A wholesaler’s license allowing the sale and transportation of all types of fireworks to licensed retailers, or retailers operating under a permit, licensed public display operators, and others, as specified (HSC § 12572);
c) An importer’s and exporter’s license allowing fireworks to be imported into or exported from the state, as specified (HSC § 12573);
d) A retail sales license allowing the retail sale of safe and sane fireworks for private use (HSC § 12574);
e) A special public display license allowing the holding and conducting at various times of public displays of dangerous fireworks at a single location only (HSC § 12575);
f) A general public display license allowing the holding and conducting of public displays of dangerous fireworks at various locations and at various times (HSC § 12576); and,
g) A limited public display license allowing the performance of a single public display action of a single nature with dangerous fireworks at one location to be executed at one or more performances or exhibitions (HSC § 12577).
8) Authorizes the seizure of dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in HSC § 12500 – 12728. (HSC § 12722(h))
9) Requires the SFM, on or before July 1, 2008, to 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. (HSC § 12556)
10) Establishes the SFM Fireworks Enforcement and Disposal Fund for the purposes of supporting statewide programs for the enforcement, prosecution related to, disposal, and management of seized dangerous fireworks, and for the education of public safety agencies in the proper handling and management of dangerous fireworks. (HSC § 12728 (a-b))
FISCAL EFFECT: This bill has been keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose of the bill. According to the author’s office, “While having made great strides in improving illegal fireworks enforcement strategies, local jurisdictions across our state are still plagued by an ever-growing illegal importation of these dangerous, illegal items in California. As a result, local jurisdictions have become not only the “first line of defense,” they have become the “only line of defense” against illegal fireworks.”
The author’s office further states, This bill would authorize California communities that currently permit the sale and use of SFM-approved, safe and sane fireworks each 4th of July, to levy a fee on each retail sales permit to sell said state-approved fireworks to assist that local jurisdiction in offsetting the actual and reasonable costs incurred by that jurisdiction for, among other things, processing, and issuing fireworks permits, inspection of fireworks stands, public awareness and education campaigns as to the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts. According to estimates, the 297 Californian communities that permit the sale and use of state-approved fireworks on July Fourth could receive up to $8 million in fees under this bill.”
Background.
The California's Fireworks Law, passed in 1938, established the Office of the State Fire Marshal as the only fireworks classification authority in California. Currently, the SFM is part of the California Department of Forestry and Fire Protection (CalFIRE). Fireworks are classified through laboratory analysis, field examinations, and test firing of items. As part of the program, SFM requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high-powered and experimental rockets, must also pass a written examination and provide proof of experience.
State law defines "dangerous fireworks" as any firework containing any of a specified list of chemicals such as, among others, arsenic sulfide, boron, mercury salts, red or white phosphorous, picrates, and thyocyanates. Types of dangerous fireworks include firecrackers; skyrockets; Roman candles; chasers; large sparklers; any firework designed to create an element of surprise, including but not limited to auto foolers, cigarette loads, exploding golf balls, and trick matches; devil-on-the-walk; torpedoes of all kinds that explode on impact; fireworks kits; and other fireworks examined and tested by the SFM and determined to possess characteristics of design or construction that make the fireworks unsafe for use by a person not specially qualified or trained in the use of fireworks.
The SFM can also deem a firework to be "exempt" if it is limited to industrial, commercial, agricultural use, or religious ceremonies. All fireworks that are neither dangerous nor exempt are, by definition, "safe and sane" fireworks. The retail sale of these is legal in California between noon on June 28 and noon on July 6 of every calendar year, but may be prohibited locally through ordinances. For example, the City of Los Angeles prohibits all fireworks. Public fireworks shows can be conducted by state-licensed pyrotechnicians with licenses obtained from the SFM.
Approximately 290 communities in California currently allow the purchase and use of state-approved fireworks for the July Fourth holiday. Typically, non-profit organizations like women's shelters, service clubs (like Rotary), Boy Scout and Girl Scout troops, PTAs, Little Leagues, and other neighborhood associations operate fireworks stands. To sell safe and sane fireworks, retailers must each year apply for and be granted a license from the SFM and pay the necessary fees to the state. Local jurisdictions also require a permit to sell lawful fireworks in addition to the necessary state license. Some local jurisdictions charge an administrative fee for handling permits as well as additional related costs. The revenue is generally used for education, over-time staffing, enforcement duties, and other fireworks related activities. The author’s office points out that this bill will create consistency by providing a set structure and limit on these fees if the local jurisdiction chooses to adopt an ordinance accepting this fee structure.
A person or business that sells safe and sane fireworks without a permit risks a sizable fine as well as possible legal action. It is a misdemeanor crime to violate the California State Fireworks Law. Violators are subject to a maximum $1,000 fine and up to one year in a county jail. However, penalties increase for possession of large quantities of dangerous fireworks, and prosecutors could charge the violator with a felony, punishable by up to three years in state prison and fines up to $50,000. Federal law also prohibits the transport of fireworks across state lines to a state where the use or possession of the firework is illegal. This is particularly relevant as dangerous fireworks often make their way into California from neighboring states.
Seizing Fireworks in California. Fireworks not designated “safe and sane” are considered to be illegal in the State of California. As a result, there are illegal fireworks seized in California that are legal to be sold in other states per federal and other state regulations. Existing law requires the SFM to dispose of "dangerous fireworks" within 60 days upon receiving notification from the local jurisdictions that seized them. These seized fireworks range from unpackaged improvised devices, to fireworks that are legal to be sold in other states, as well as safe and sane fireworks that have been seized in any part of the state that does not permit the sale.
Each year, the state seizes an average of more than 220,000 pounds of fireworks that require disposal. For years, the focus has been on properly disposing of the stockpile, with few resources available for enforcement. Additionally, federally approved waste haulers are required to transport all seized fireworks to an approved out-of-state hazardous waste facility.
With the growth of the sale of state-approved "safe and sane" fireworks, along with illegal and dangerous fireworks that continue to flow into California, additional pressures are being placed on Cal FIRE and the SMF to provide enforcement, education, and disposal of seized illegal and dangerous fireworks. The accumulation of seized fireworks creates a significant hazard to the environment. It also presents fire and safety risks, which in turn creates an increased liability to both SFM and the state.
Fire Risk. According to the National Fire Protection Association (NFPA), an estimated 19,500 fires were started by fireworks nationwide in 2018. These fires caused five civilian deaths, 46 civilian injuries, 17,100 outside and other fires, 1,900 structure fires, 500 vehicle fires, and $105 million in direct property damage.
In the same year, United States (U.S.) emergency rooms treated over 9,000 people for fireworks related injuries, with children younger than age 15 accounting for 36% of all injuries, according to a U.S. Consumer Product Safety Commission report. The hot and arid conditions, in combination with the prolonged drought conditions plaguing the state, significantly increase the risk of fires due to fireworks and accelerate the spread of fires. In 2022, California experienced the driest period between January and March on record and as of June 14, 2022, over 70% of the state were in a state of either extreme or exceptional drought, according to data from the National Oceanic and Atmospheric Administration.
In a July 2021 LA Times article titled "No such thing as 'safe and sane' fireworks in a bone-dry California primed to burn", the LA County fire chief, Daryl Osby, said about the situation in the county, "It’s out of control. Every year, we confiscate more illegal fireworks. We think that’s a good year, but if you live in Los Angeles County, you can see all the aerial fireworks that go up. They’re all illegal."
In 2020, the San Francisco Fire Department reported over 100 grass fires and the Los Angeles Fire Department nearly 400 fires, many thought to have been started by fireworks. Fireworks at a gender-reveal party in Yucaipa set off the El Dorado fire in September 2020, a blaze that killed one firefighter and took until November of the year to extinguish. Data reported by the SFM in June 2022 on fires caused by fireworks in the state between 2012 and 2021 demonstrate the magnitude of the problem. In the 10-year period, 8,427 fires caused by fireworks were reported to the SFM.
Disposal of Seized Fireworks. Upon seizure, California Department of Toxic Substances Control (DTSC) regulations require the hazardous waste to be transferred to a permitted hazardous waste facility within 90 days. The disposal is complicated by the sheer volume of seized fireworks, the associated cost, and logistical challenges. Currently, local law enforcement agencies notify the SFM of seized fireworks. These have to be separated into dangerous and safe and sane fireworks and are held in trust by local agencies until disposal is available. Loose fireworks must be placed in labeled, quality cardboard boxes with functional lids. The SFM recommends local agencies to store seized fireworks in storage buildings, trailers, semitrailers, metal shipping containers, or magazines. Consequently, storage space is an issue when thousands of pounds of material are seized.
For disposal, the SFM contracts with a federally approved hazardous waste transporter to ship the fireworks to a facility in Utah, one of only two facilities nationwide permitted to process final disposal of fireworks. California lacks any facility with such authorization. The facility in Louisiana is currently not being used by the state due to location and its close proximity to inhabited housing and the potential for groundwater contamination at the site. Transport and disposal costs $10 per pound of fireworks, bringing the annual cost to the state to the low millions. This does not include the cost of storage. On the other hand, as more fireworks are seized, the state faces greater financial pressure to dispose of them. In the end, the risk of accidents and fires increases as more fireworks are set-off.
In support. According to Phantom Fireworks, the bill's revenue will help local governments offset the actual and reasonable costs incurred by that jurisdiction for, among other things, processing and issuing fireworks permits, inspecting fireworks stands, public awareness and education campaigns for the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts.
The City of Elk Grove writes, “This bill addresses the growing crisis of the illegal importation and sales of dangerous illegal fireworks into California and how the SFM, local jurisdictions, and California-licensed safe and sane fireworks wholesalers are trying to put a stop to this now year-round menace. The City of Elk Grove has experienced a huge uptick in fires between 1 a.m. and 5 a.m. because people did not properly dispose of their July 4th fireworks.”
Double-referral. This measure is double-referred to the Assembly Committee on Environmental
Safety and Toxic Materials.
Prior legislation. SB 277 (Archuleta), Chapter 238, Statutes of 2022. Required the SFM to manage rather than dispose of these fireworks, as provided, and would eliminate the requirements, including the conditions on disposal, imposed on the SFM in the absence of proceedings. The bill would require the SFM to ensure that any dangerous fireworks seized that are identified by the SFM as hazardous waste are managed in accordance with California and federal hazardous waste laws and regulations, as specified.
SB 794 (Stern) of 2017. Would have, until January 1, 2024, established the Fireworks
Stewardship Program to create a uniform statewide policy regarding a state, county, special district, and local government entity’s safe seizure, storage, repurposing, destruction, or disposal of 1.4G federally approved dangerous fireworks and 1.4G California, classified safe and sane fireworks. (Never heard in the Assembly Governmental Organization Committee)
SB 677 (Mendoza) of 2015. Would have authorized the sale of safe and sane fireworks during the week preceding New Year’s Day and would have made numerous changes to the state laws governing fireworks sales and disposals. (Failed passage in the Senate Governmental
Organization Committee)
SB 777 (Hernández) of 2014. Would have allowed for licenses to sell fireworks during the week before New Year’s Day, and would have established a fireworks sell-back program, as specified.
(The bill was amended to deal with an unrelated issue area)
SB 1468 (Calderon) of 2012. Would have authorized the sale of specified fireworks between
Christmas and New Year'’ Day in 2014-15 and 2015-16, would have permitted limited recovery of specified costs by local governments, and would have provided for a two-year fireworks data collection effort to be funded by voluntary contributions from the fireworks industry. (Held on the Assembly Appropriations Committee Suspense File)
AB 1371 (V. Manuel Perez) of 2011. Would have allowed New Year’s fireworks sales and authorized local governments to impose permit fees. (Held in Assembly Governmental
Organization Committee)
AB 476 (De La Torre) of 2007. Would have increased the fines for violating state fireworks laws from $1,000 to not less than $2,000 and not more than $5,000, and authorized the impounding of vehicles used to transport "dangerous fireworks" by SFM. (Held in Assembly
Appropriations)
SB 839 (R. Calderon), Chapter 563, Statutes of 2007. Established the SFM Fireworks
Enforcement and Disposal Fund. The bill created a mechanism for fireworks enforcement and disposal through new and increased fines and penalties with a revenue sharing component for local jurisdictions as an incentive for increased enforcement of illegal fireworks.
AB 923 (Chavez) of 2005. Would have authorized the sale of fireworks from December 26 to
January 1 and creates the SFM Dangerous Fireworks Management Fund for the deposit of surcharges assessed on the sale of fireworks to pay for the disposal costs of seized fireworks.
(Never heard in Assembly Governmental Organization Committee)
AB 1295 (Bermudez) of 2005. Would have allowed New Year’s fireworks sales and used fee revenues to pay for disposal costs associated with seized fireworks. (Held in Assembly
Appropriations Committee)
AB 2310 (Torrico) of 2006. Would have reduced the penalty for personal use of prohibited fireworks, as defined, from a misdemeanor to an infraction, subject to a citation and a $200 civil penalty, a portion of that penalty to be transferred to the SFM for disposal of fireworks and a portion to remain with the local fire protection agency for administrative costs. (Failed on the Senate Floor)
AB 2090 (Miller), Chapter 363, Statutes of 1998. Authorized the SFM to license the sale of fireworks from December 26, 1999 through January 2, 2020 in order to celebrate the millennium.
AB 475 (Redwine), Chapter 534, Statutes of 1939. California’s Fireworks Law, among other things, defined “dangerous fireworks” and “safe and sane fireworks,” and prohibited any person without a permit from manufacturing, possessing, or selling any dangerous fireworks, from selling any safe and sane fireworks as a retailer, and from discharging dangerous fireworks in any place.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Democratic Party
Apostolic Truth Church
City of Elk Grove
Cosumnes Community Services District
El Camino Fundamental High School
Elmhurst Neighborhood Association
Living Water Church
Meadowview Neighborhood Association
TNT Fireworks
Phantom Fireworks
Robla Education Foundation
St. Luke’s Lutheran Church
Supervisor Rich Desmond, Sacramento County Board of Supervisors
Supervisor Sue Frost, Sacramento County Board of Supervisors
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Discussed in Hearing
1MIN
Senate Standing Committee on Appropriations
4MIN
Senate Standing Committee on Environmental Quality
6MIN
Senate Standing Committee on Governmental Organization
1MIN
Assembly Floor
4MIN
Assembly Standing Committee on Environmental Safety and Toxic Materials
5MIN
Assembly Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):