Existing law authorizes the retail sale of safe and sane fireworks from June 28 to July 6, annually, pursuant to a license issued by the State Fire Marshal, unless otherwise prohibited or regulated by law or ordinance. Existing law requires any person who violates any provision of the law relating to fireworks and pyrotechnic devices to be guilty of a misdemeanor, as provided.

This bill would authorize the retail sale of certified safe and sane fireworks from 9 a.m. on December 26 to midnight of January 1 of the following year pursuant to a license issued by the State Fire Marshal, if authorized by a charter city, city, county, or city and county ordinance or resolution that may also restrict the hours of use of those fireworks. Since a violation of this provision or other existing related provisions in connection with the sale of those fireworks would be a misdemeanor, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 3065

Author:(Garcia) – As Introduced Ver:February 16, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill authorizes the sale of safe and sane fireworks the week preceding New Year’s Day.

Specifically, this bill:

1. Requires the State Fire Marshal (SFM) to issue a one-time retail license to an applicant authorizing the retail sale of safe and sane fireworks from 9 a.m. on December 26 to midnight of January 1 of the following year. All fireworks sold pursuant to a license must have been certified as safe and sane by the SFM no later than June of that year. The SFM must receive the license application on or before December 15 of that year.
2. Prohibits a license from being issued unless the charter city, city, county, or city and county with jurisdiction over the fixed location of sale adopts an ordinance or resolution allowing the sale. The ordinance or resolution may limit the period of use of sold fireworks to specified days and hours within the authorized period of sale.

FISCAL EFFECT:

1. Costs of an unknown, but potentially significant amount, in excess of $150,000, to the SFM to issue additional retail licenses and certify an increased number of safe and sane fireworks, likely offset by fees (special fund). To the extent this bill increases the volume of safe and sane fireworks in local communities that permit fireworks, based on the SFM’s experience with sales around Independence Day, there is an increased possibility of safe and sane fireworks being transported into other communities that do not permit fireworks, making those fireworks illegal. Such illegal fireworks must be seized, with the SFM incurring costs for storage and disposal.
2. General Fund and local revenue gain of an unknown amount, potentially in the low millions of dollars annually, due to the collection of sales and use tax on fireworks sales.
3. Cost pressures of an unknown, but potentially significant amount, to appropriate funds to the SFM to train local fire and law enforcement personnel on the safe handling of fireworks, pursuant to AB 1403 (Garcia), Chapter 368, Statutes of 2023.

COMMENTS:

1. Purpose. According to the author:

AB 3065 empowers California communities to make informed decisions about Safe and Sane Fireworks sales, supporting nonprofits, enhancing public safety, and fostering local control. This legislation addresses critical funding challenges faced by nonprofits while safeguarding communities from the dangers of illegal fireworks.

1. Support and Opposition. This bill is supported by a wide range of nonprofit organizations, from American Legions to high school sports teams to public safety groups, which argue, “By granting communities the option to permit nonprofit fireworks sales, this bill not only bolsters vital programs and services but also aids in addressing the surge in illegal fireworks, offering a comprehensive solution to a pressing issue.” Supporters also note that “more than 2,700 nonprofit organizations rely on fireworks sales as their primary source of funding.”

This bill is opposed by the Chino Police Department, noting, “During the Fourth of July, our city sees a significant increase in calls for service, often doubling our normal call volume. This surge requires the activation of over half of our police force to manage incidents, primarily fueled by both legal and illegal fireworks usage.” The opposition argues “Expanding fireworks sales to include the New Year’s holiday would likely replicate these challenges, if not amplify them.”

1. Background.

Safe and Sane Fireworks. Existing law allows the annual retail sale of “safe and sane” fireworks from June 28 to July 6. Safe and sane fireworks include sparklers, smoke balls, and pinwheels, which generally do not leave the ground or explode. Safe and sane fireworks are approved by the U.S. Consumer Product Safety Commission and examined and tested by the SFM. 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.

Fireworks Sales. Approximately 296 communities in California currently permit the sale and use of state-approved fireworks during the allowable Independence Day window. A retailer must annually apply and pay associated fees for a license issued by the SFM, as well as obtain a local permit, to legally sell safe and sane fireworks. Many safe and sane fireworks wholesalers partner with nonprofit organizations to operate fireworks stands, with profits split between the wholesaler and nonprofit. This bill requires, instead of authorizes, the SFM to similarly issue licenses for retail sales the week before New Year’s Day. This bill additionally specifies that the local jurisdiction of the retail sale must have an ordinance or resolution in place allowing such sales, which may also limit the period of use of fireworks to specified days and hours.

Fireworks Enforcement. 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.

AB 1403 (Garcia), Chapter 368, Statutes of 2023, not only required, upon appropriation, the SFM to train local fire and law enforcement personnel about fireworks handling, but also authorized a local agency to assess a fee to cover the actual and reasonable costs of fireworks enforcement, not to exceed 7% of gross sales of safe and sane fireworks. AB 1403 also requires, by January 1, 2025, the SFM to: (a) collect and analyze data about fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both safe and sane fireworks and dangerous fireworks, and (b) conduct a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding fireworks, including the collection, transportation, storage, investigation, and prosecution of seized fireworks. As noted in the Assembly Emergency Management Committee’s analysis of this bill, the SFM “will finish collecting data in the fall. This data may provide a more comprehensive differentiation between safe and sane fireworks and illegal fireworks that could be helpful in informing firework related policy decisions, such as this bill.”

1. Prior Legislation. There have been numerous efforts to authorize the sale of fireworks for the New Year’s holiday, dating back to 2005. Most recently:

SB 677 (Mendoza), of the 2015-2016 Legislative Session, would have authorized the sale of safe and sane fireworks the week preceding New Year’s Day, as well as changed rules governing fireworks sales and disposals. SB 677 failed passage in the Senate Governmental Organization Committee.

SB 1468 (Calderon), of the 2011-12 Legislative Session, would have, for two years, authorized the sale of safe and sane fireworks the week preceding New Year’s Day, as well as permitted limited recovery of local government costs and provided an industry-funded data collection effort. SB 1468 was held on this committee’s suspense file.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081