Bill Text: CA SB677 | 2015-2016 | Regular Session | Amended
Bill Title: Public safety: fireworks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-05-26 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB677 Detail]
Download: California-2015-SB677-Amended.html
BILL NUMBER: SB 677 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 27, 2015
An act to amend Section 44052 of the Health and Safety
Code, relating to vehicular air pollution. An act to
add Section 13085 to the Government Code, to amend Section 12556,
12558, 12619, 12723, 12724, and 12726 of, to add Sections 12599.5 and
12635.5 to, and to add Chapter 3.5 (commencing with Section 1
2559) to Part 2 of Division 11 of, the Health and Safety Code,
and to amend Section 15301 of the Vehicle Code, relating to public
safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 677, as amended, Mendoza. Smog check: penalties.
Public safety: fireworks.
Existing law requires various entities, including the State Fire
Marshal, to seize certain prohibited fireworks. Existing law requires
an authority that seizes fireworks to notify the State Fire Marshal
of the seizure and provide specified information. Existing law
requires the State Fire Marshal to dispose of the fireworks and
requires dangerous fireworks to be disposed of according to specified
procedures.
The bill would authorize the State Fire Marshal to permit a state
licensed fireworks importer and exporter or wholesaler to purchase
any fireworks the State Fire Marshal, the Department of Toxic
Substances Control, and a recognized 3rd-party testing entity, as
defined, deem to be commercially viable, from the State Fire Marshal.
The bill would require any revenue received from the sale to belong
to the seizing local authority and would authorize the State Fire
Marshal to enter into a revenue sharing agreement with that local
authority, as provided. The bill would require the Department of
Toxic Substances Control to develop and publish guidelines for the
implementation of these provisions, as provided.
Existing law provides that if dangerous fireworks are seized
pursuant to a local ordinance that provides for administrative fines
or penalties and these fines or penalties are collected, the local
government entity collecting the fines or penalties shall forward 65%
of the collected moneys to the Controller for deposit in the State
Fire Marshal Fireworks Enforcement and Disposal Fund. Existing law
requires the State Fire Marshal to acquire and use statewide mobile
dangerous fireworks destruction units to collect and destroy
dangerous fireworks from local and state agencies.
This bill would instead require the local government to forward
25% of the collected moneys to the Controller. The bill would require
seized fireworks to be managed by the State Fire Marshal, the
authority seizing any fireworks, or the authority's contract
designee, by either disposing or repurposing the fireworks, as
provided. The bill would delete the State Fire Marshal's authority to
acquire and use statewide mobile dangerous fireworks destruction
units to collect and destroy dangerous fireworks from local and state
agencies.
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, beginning January 1, 2017, the sale of
certified safe and sane fireworks from 9 a.m. on December 26 to 11:59
p.m. on January 1 of the following year pursuant to a license issued
by the State Fire Marshal, if authorized by a charter city, city,
county, fire protection district, or city and county ordinance or
resolution that may also restrict the hours of use of those
fireworks. Since a violation of this provision or other existing
related provisions in connection with the sale of those fireworks
would be a misdemeanor, the bill would impose a state-mandated local
program.
The bill would also authorize a charter city, city, county, fire
protection district, or city and county that adopts an ordinance or
resolution authorizing the sale of safe and sane fireworks to require
each applicant receiving a permit to pay a fee to the charter city,
city, county, fire protection district, or city and county of a pro
rata portion of the actual and reasonable costs incurred by the
charter city, city, county, fire protection district, or city and
county for, among other things, processing and issuing fireworks
permits, inspection of fireworks stands, public awareness and
education campaigns regarding the safe and responsible use of safe
and sane fireworks, and related fire operation and suppression
efforts, as specified. The bill would specify that the pro rata
portion of those costs shall be based on a percentage of the
permittee's sales and use tax return for the applicable permit
period, not to exceed 7% of the gross sales of the fireworks sold in
the charter city, city, county, fire protection district, or city and
county, except that a cost recovery ordinance or resolution in
effect on or before January 1, 2015, would be authorized to supersede
that provision.
The bill would require, on or before January 1, 2017, 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, 2018, the State
Fire Marshal to identify and evaluate methods to track all containers
containing dangerous fireworks coming into California ports that are
to be shipped in or out of the state, as provided. The bill would
require the State Fire Marshal to, on or before January 1, 2019,
adopt regulations relating to dangerous fireworks tracking and
providing for an annual charge to be paid by all holders of an
importer's and exporter's license who import dangerous fireworks into
the state. The bill would require the amount of the charge to be
determined based on the volume of product and number of containers
imported into the state by the licensees, and payment of this charge
would be a condition of an importer's and exporter's license.
Existing law requires the Department of Motor Vehicles to suspend
the commercial license of a person transporting dangerous fireworks,
as specified.
This bill would clarify that those provisions do not apply to a
person with a valid license or permit under the State Fireworks Law,
as specified.
Existing law provides that the Department of Finance has general
powers of supervision over all matters concerning the financial and
business policies of the state.
This bill would require, for purposes of monitoring the budgets of
the Department of Forestry and Fire Protection and the Department of
Toxic Substances Control, as those budgets relate to programs
regarding fireworks, the director to create a plan for modifying the
budget process to increase efficiency and focus on accomplishing
program goals relating to fireworks. The bill would require the plan
to include certain content, including ways to ensure transparency
about program goals, outcomes, and funding.
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.
Existing law establishes a motor vehicle inspection and
maintenance program, referred to as a smog check program, developed,
implemented, and administered by the Department of Consumer Affairs.
The duty of enforcing and administering the program is vested in the
Chief of the Bureau of Automotive Repair within the department.
Existing law authorizes the department to issue a citation to a
licensee, contractor, or fleet owner for a violation of the
requirements of the smog check program, and the citation may specify
certain civil or administrative penalties.
This bill would make a technical, nonsubstantive change to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13085 is added to the
Government Code , to read:
13085. (a) For purposes of monitoring the budgets of the
Department of Forestry and Fire Protection and the Department of
Toxic Substances Control, as those budgets relate to programs
regarding fireworks, the director shall create a plan for modifying
the budget process to increase efficiency and focus on accomplishing
program goals relating to fireworks. The plan shall be developed in
collaboration with the Director of Forestry and Fire Prevention and
the Director of Toxic Substances Control.
(b) The plan shall include all of the following:
(1) A strategy to incorporate program evaluation methods into the
budget process for selected activities and programs. These methods
shall include zero-based budgeting, performance measures, strategic
planning, audits, cost-benefit analyses, and program reviews.
(2) Ways to ensure transparency about program goals, outcomes, and
funding.
(3) A process for collaborating with the Legislature, particularly
in establishing program goals and measuring program outcomes.
(4) A structure to work with local governments to develop methods
to measure and evaluate performance of state-funded, locally
administered programs.
(5) An implementation timeline beginning with the release of the
2016-17 Governor's Budget.
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, 2008, the State
Fire Marshal shall identify and evaluate methods to capture more
detailed data relating to fires, damages, and injuries caused by both
dangerous fireworks and safe and sane fireworks. These evaluation
methods shall include a cost analysis related to capturing and
reporting the data and shall meet or exceed the specificity, detail,
and reliability of the data captured under the former California Fire
Incident Reporting System (CFIRS). The State Fire Marshal shall
furnish a copy of these evaluation methods to any interested person
upon request.
(b) On or before January 1, 2017, 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.
SEC. 3. Section 12558 of the Health and
Safety Code is amended to read:
12558. The (a) In
addition to the obligations described in this chapter, on or before
January, 1 2018, the State Fire Marshal shall, in consultation with
relevant federal, state, and local public agencies, the fireworks
industry, and other relevant stakeholders, including port authorities
for harbors and points of trans-Pacific importation of any dangerous
fireworks, identify and evaluate methods to track all containers
containing dangerous fireworks coming into California ports that will
be transported in the state or trans-shipped out of those ports via
container on a motor vehicle for shipment to a de
stination outside of California so as to ensure that the
dangerous fireworks reach their final destination and are not drop
shipped or otherwise offloaded at a location within the State of
California. These tracking methods shall include a cost analysis
related to capturing and reporting the tracking data concerning these
containers.
(b) On or before January 1, 2019, the State Fire Marshal shall
adopt regulations relating to the tracking of the dangerous fireworks
containers described in subdivision (a), which may include
provisions relating to tracking devices installed on each container,
voluntarily funded by the industry, as may be necessary for the
protection of life and property within the state. The regulations
shall provide for an annual charge imposed on all holders of an
importer's and exporter's license, pursuant to Section 12573, who
import dangerous fireworks into the state. The annual charge shall be
determined based on the volume of product and number of containers
imported into the state by the licensees, and payment of this charge
shall be a condition of licensure pursuant to Section 12573.
(c) The licensee or permittee
shall permit the chief of the issuing authority, or his or her
authorized representatives, as qualified in Section 12721, to
enter and inspect any building or other premises
premises, including any container describe d in
subdivision (a), that is subject to the control of or used by
the licensee or permittee for any purpose related to fireworks at any
time for the purpose of enforcing the provisions of
this part.
SEC. 4. Chapter 3.5 (commencing with Section
12559) is added to Part 2 of Division 11 of the Health and
Safety Code , to read:
CHAPTER 3.5. FIREWORKS SELL-BACK PROGRAM
12559. (a) Notwithstanding Section 12723, and upon compliance
with Section 12726, a local authority or the State Fire Marshal may
repurpose or dispose of seized safe and sane fireworks and transfer
any safe and sane and federally approved fireworks to an entity
possessing a valid importer's and exporter's license, pursuant to
Section 12573, or a wholesaler's license, pursuant to Section 12572.
Any fireworks transferred pursuant to this subdivision shall remain
under the ownership of the seizing local authority.
(b) Safe and sane or federally approved fireworks transferred
pursuant to this section shall be deemed "hazardous material" until
the State Fire Marshal, the Department of Toxic Substances Control,
and a recognized third-party testing entity make the determination
pursuant to subdivision (c).
(c) (1) The State Fire Marshal is authorized to permit a
recognized third-party testing entity to make a determination with
the State Fire Marshal and the Department of Toxic Substances Control
as to whether any seized fireworks are either commercially viable or
hazardous waste.
(2) Any firework deemed commercially viable may be repackaged by
the State Fire Marshal, the authority seizing any fireworks, or that
authority's designee, including, but not limited to, a state licensed
fireworks importer and exporter, a wholesaler purchasing the product
pursuant to subdivision (d), the recognized third-party testing
authority, or a licensed hazardous materials or hazardous waste
hauler.
(3) Any product deemed not commercially viable by the State Fire
Marshal, the Department of Toxic Substances Control, and a
third-party testing authority shall be disposed of by the State Fire
Marshal or the State Fire Marshal's designee and transported and
disposed of within 72 hours of the determination in accordance with
all federal and state hazardous waste laws and regulations.
(d) (1) The State Fire Marshal shall authorize a state licensed
fireworks importer and exporter or wholesaler to purchase any
fireworks deemed to be commercially viable pursuant to subdivision
(c) from the State Fire Marshal or the local authority seizing the
fireworks. Revenue received from the sale shall belong to the seizing
local authority.
(2) The State Fire Marshal may enter into an agreement with a
local authority for purposes of sharing revenue from the sale of
fireworks pursuant to paragraph (1). The agreement shall allocate no
less than 65 percent of the revenues to that local authority with the
balance going to the state.
(e) For purposes of this section, "recognized third-party testing
entity" means an independent third-party testing entity recognized by
the federal Consumer Product Safety Commission as an acceptable
testing entity for consumer fireworks.
(f) Upon the purchase of fireworks, pursuant to this chapter, a
state-licensed fireworks importer and exporter or wholesaler shall
accept full liability for any damage done by the fireworks and the
State of California and the seizing local authority shall be
indemnified.
12559.1. (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 975) 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 975) 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.
12559.2. The Department of Toxic Substances Control shall develop
and publish guidelines for the implementation of this chapter that
include, but are not limited to, all of the following:
(a) Standards for the proper handling, transport, and storage of
fireworks that are hazardous materials for the purposes of this
chapter.
(b) Standards for the proper handling, transport, and disposal of
fireworks that are hazardous waste.
(c) A definition of "commercially viable" for the purposes of this
chapter that ensures that fireworks that should be disposed of as
waste are not resold.
SEC. 5. Section 12599.5 is added to the
Health and Safety Code , to read:
12599.5. (a) Notwithstanding Sections 12599 and 12672, the State
Fire Marshal shall issue separate one-time retail licenses pursuant
to this section that shall authorize the retail sale of safe and sane
fireworks within this state only from 9 a.m. on December 26 to 11:59
p.m. on January 1 of the following year, inclusive. A license issued
pursuant to this section shall be valid for only that seven-day
period and shall then expire. All fireworks sold pursuant to a
license issued pursuant to this section shall have been certified as
safe and sane by the State Fire Marshal on or before June 15 of the
year in which the validity of the license commences. No other license
issued pursuant to this chapter shall authorize the sale of
fireworks during that period.
(b) A retail license shall not be issued for the license period
authorized by this section unless the charter city, city, county,
fire protection district, or city and county having jurisdiction over
the fixed location where the fireworks would be sold adopts an
ordinance or resolution allowing that sale, and the application for
that license is received by the State Fire Marshal on or before
December 15 of the year in which the validity of the license is to
commence. The ordinance or resolution authorizing the sale of those
fireworks may limit the period of use of those fireworks to specified
days and hours within the period during which the sale is authorized
by this section.
(c) This section shall become operative on January 1, 2017.
SEC. 6. Section 12619 of the Health and
Safety Code is amended to read:
12619. All import and export licensees shall file a notice with
the State Fire Marshal prior to the arrival of any class of fireworks
subject to the license he holds. The notice shall state all of the
following:
(a) Estimated date of arrival.
(b) Type, kind, and quantity of fireworks.
(c) Name of carrier.
(d) Point of origin and bill of lading number.
(e) Name and address of consignee.
(f) Load number or other identification carton marks.
(g) On and after January 1, 2019, verification of compliance with
Section 12558, and any regulations adopted pursuant to Section 12558.
SEC. 7. Section 12635.5 is added to the
Health and Safety Code , to read:
12635.5. (a) A charter city, city, county, fire protection
district, or city and county that adopts an ordinance or resolution
pursuant to Section 12599 or 12599.5 may, through adoption of an
ordinance or resolution by the governing body, require each applicant
receiving a permit to pay a fee to the charter city, city, county,
fire 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, 2015, may supersede this subdivision.
SEC. 8. Section 12723 of the Health and
Safety Code is amended to read:
12723. The authority seizing any fireworks
under the provisions of this chapter shall notify
the State Fire Marshal not more than three days following the date of
seizure and shall state the reason for the seizure and the quantity,
type, and location of the fireworks. Any fireworks, with the
exception of dangerous fireworks, seized pursuant to Section 12721
shall be disposed of managed by the
State Fire Marshal Marshal, the authority
seizing the fireworks, or the authority's contract designee in
the manner prescribed by the State Fire Marshal at any time
subsequent to 60 days from the seizure or 10 days from the final
termination of proceedings under the provisions of
Section 12593 or Section 12724, whichever is
later. Dangerous fireworks shall be disposed of
managed according to procedures in Sections 12724 and
12726. Any fireworks seized by any authority as defined in
this chapter, other than the State Fire Marshal or his or her
salaried assistants, shall be held in trust for the State Fire
Marshal by that authority.
SEC. 9. Section 12724 of the Health and
Safety Code is amended to read:
12724. (a) Any A person whose
fireworks are seized under the provisions of this
chapter may, within 10 days after seizure, petition the State Fire
Marshal Marshal, or the authority seizing the
fireworks, to return the fireworks seized upon the ground that
the fireworks were illegally or erroneously seized. Any
A petition filed pursuant to this section shall
be considered by the State Fire Marshal
Marshal, or the authority seizing the fireworks, within 15 days
after filing or after a hearing granted to the petitioner, if
requested. The State Fire Marshal Marshal, or
the authority seizing the fireworks, shall advise the
petitioner of his or her or its decision in writing. The
determination of the State Fire Marshal
Marshal, or the authority seizing the fireworks, is final
unless within 60 days after seizure an action is commenced in a court
of competent jurisdiction in the State of California for the
recovery of the fireworks seized pursuant to this part, except as
provided in subdivision (b).
(b) The determination of the State Fire Marshal
Marshal, or the authority seizing the fireworks,
is final in the case of the seizure of dangerous fireworks, unless
within 20 days after the notice of the determination is mailed to the
petitioner an action is commenced in a court of competent
jurisdiction in the State of California for the recovery of the
fireworks seized pursuant to this part.
SEC. 10. Section 12726 of the Health
and Safety Code is amended to read:
12726. (a) The dangerous fireworks seized pursuant to this part
shall be disposed managed of by the
State Fire Marshal Marshal, the authority
seizing the fireworks, or the authority's contract designee, in
the manner prescribed by the State Fire Marshal at any time after
the final determination of proceedings under Section 12724, or upon
final termination of proceedings under Section 12593, whichever is
later. If no proceedings are commenced pursuant to Section 12724, the
State Fire Marshal Marshal, the authority
seizing the fireworks, or the authority's contract designee,
may repurpose, dispose of of, or
both, the fireworks after all of the following requirements are
satisfied:
(1) A random sampling of the dangerous fireworks has been taken,
as defined by regulations adopted by the State Fire Marshal pursuant
to Section 12552.
(2) The analysis of the random sampling has been completed.
(3) Photographs have been taken of the dangerous fireworks to be
destroyed. repurposed, disposed of, or both.
(4) The State Fire Marshal has given written approval for the
destruction repurposing, disposal, or both,
of the dangerous fireworks. This approval shall specify the
total weight of the dangerous fireworks seized, the total weight of
the dangerous fireworks to be destroyed, and the total weight of the
dangerous fireworks not to be destroyed.
(b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
(c)
(b) If dangerous fireworks are seized pursuant to a
local ordinance that provides for administrative fines or penalties
and these fines or penalties are collected, the local government
entity collecting the fines or penalties shall forward 65
25 percent of the collected moneys to the
Controller for deposit in the State Fire Marshal Fireworks
Enforcement and Disposal Fund, as described in Section 12728.
SEC. 11. Section 15301 of the Vehicle
Code is amended to read:
15301. (a) The Department of Motor
Vehicles, in conjunction with the State Fire Marshal, shall develop
regulations and procedures to temporarily suspend the commercial
motor vehicle license of a person who is operating a commercial motor
vehicle while transporting dangerous fireworks having a gross weight
of 10,000 pounds or more. A
(b) A driver of a commercial
motor vehicle shall not operate a commercial motor vehicle for three
years if the driver is convicted of transporting dangerous fireworks
having a gross weight of 10,000 pounds or more.
(c) This section shall not apply to a person who holds, and is
operating within the scope of, a valid license as described in
Section 12516 of the Health and Safety Code or a valid permit as
described in Section 12522 of the Health and Safety Code.
SEC. 12. The provisions of this act are severable.
If any provisions of this act or its application is held invalid
pursuant to the federal Resource Conservation and Recovery Act, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 13. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 44052 of the Health and
Safety Code is amended to read:
44052. (a) If a citation lists more than one violation, the
amount of the civil penalty or administrative fine assessed shall be
stated separately for each statute and regulation violated.
(b) If a citation lists more than one violation arising from a
single inspection or repair of a motor vehicle, the total penalties
assessed shall not exceed five thousand dollars ($5,000).
