Amended  IN  Assembly  April 06, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1403

Introduced by Assembly Member Garcia

February 17, 2023

An act to amend Sections 12511, 12529, 12556, and 12704 Section 12556 of, and to add Sections 12520.1, 12567.1, 12635.5, 12672.1, 12726.1, 12728.1, and 12728.3 Sections 12635.5 and 12726.1 to, and to add and repeal Section 12728.2 of, the Health and Safety Code, relating to fireworks, and making an appropriation therefor. fireworks.


LEGISLATIVE COUNSEL'S DIGEST


AB 1403, as amended, Garcia. Public safety: fireworks: enforcement: funding.

(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)

(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 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 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 2024–25 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 Governor’s 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 Governor’s 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.

Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.Section 12511 of the Health and Safety Code is amended to read:
12511.

(a)“Fireworks” means 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 that are useful as pyrotechnic devices or for entertainment.

(b)The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, sparklers, 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 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 1.

 Section 12556 of the Health and Safety Code is amended to read:

12556.
 (a) In addition to the obligations described in Section 13110.5, on or before July 1, 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 Marshal’s 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 permittee’s sales and use tax return for the applicable period. The pro rata share of costs shall not exceed 7 percent of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county during the applicable period. A cost recovery ordinance or resolution in effect on or before January 1, 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 seller’s permit to sell fireworks for the 2024–25 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 Governor’s 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 2025–26 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 Governor’s 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.