Bill Text: CA SB277 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fireworks: dangerous fireworks: seizure: management.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-09-02 - Chaptered by Secretary of State. Chapter 238, Statutes of 2022. [SB277 Detail]

Download: California-2021-SB277-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 277

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Introduced by Senator Archuleta
(Coauthor: Assembly Member Carrillo)

January 29, 2021

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An act to amend Sections 12505, 12513, 12555, 12556, 12558, 12561, 12562, 12563, 12564, 12565, 12566, 12570, 12581, 12585, 12586, 12587, 12590, 12604, 12605, 12637, 12643, 12645, 12648, 12649, 12723, and 12726 of, to add Section 12635.5 to, to repeal Section 12509 of, and to repeal and add Section 12557 of, the Health and Safety Code, relating to fireworks, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 277, as introduced, Archuleta. Fireworks: dangerous fireworks: seizure: management.

Existing law 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 amount of gross weight in possession, including the penalty of a misdemeanor. Existing law defines dangerous fireworks for these purposes.

This bill would expand the definition of a dangerous firework to include any firework that contains lead and lead compounds and hexachlorobenzene, as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program.

The bill would require, on or before January 1, 2023, 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, 2024, 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 various entities, including the State Fire Marshal, to seize certain prohibited fireworks. Existing law requires the State Fire Marshal to dispose of the fireworks as provided. Existing law requires the Office of the State Fire Marshal to consult with public safety agencies and other stakeholders and develop a model ordinance that permits local jurisdictions to adopt streamlined enforcement and administrative fine procedures related to possession of 25 pounds or less of dangerous fireworks.

This bill would repeal the provisions relating to a model ordinance governing enforcement and administrative fine procedures. The bill would authorize and encourage local jurisdictions to adopt by ordinance a streamlined enforcement and administrative fine procedure related to the possession of 25 pounds or less of dangerous fireworks, as provided.

This bill would require any seized dangerous or safe and sane fireworks, as defined, to be managed, as defined, by the State Fire Marshal, as provided. The bill would require the State Fire Marshal to consult with relevant federal and state agencies to develop specific protocols and procedures for the safe seizure, storage, repurposing, destruction, or disposal of specified dangerous fireworks. The bill would require state, county, special districts, and local government entities to handle, transport, and store seized fireworks in a manner prescribed by the State Fire Marshal. To the extent this bill would impose a higher burden on a local government, the bill would impose a state-mandated local program. The bill would require commercially viable, federally approved dangerous consumer fireworks or safe and sane fireworks, seized and managed pursuant to the above provisions, to be available for sale by any California licensed fireworks importer-exporter or wholesaler of fireworks, as provided.

Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesaler’s license, and to collect an original and renewal fee for these licenses. Existing law authorizes the State Fire Marshal to deny or revoke a license if the State Fire Marshal finds certain conditions have occurred, including that the licensee failed to pay the annual renewal fee.

This bill would also include as part of the conditions that the State Fire Marshal can use to deny or revoke a license whether the licensee has engaged in or facilitated the distribution or unauthorized sale of dangerous fireworks to a person or entity not holding the requisite license.

This bill would require the State Fire Marshal to establish and collect an additional fee on permits for dangerous fireworks issued to licensees in an amount necessary to enforce applicable laws with respect to training and education regarding dangerous fireworks. The fees would be deposited in the State Fire Marshal Dangerous Fireworks Training and Education Fund, which the bill would establish. Moneys in this fund would be continuously appropriated without regard to fiscal years to the State Fire Marshal for the purpose of training local fire and law enforcement agencies. The bill would authorize a local fire department, local fire protection agency, local law enforcement agency, or any other public agency authorized by statute to enforce the State Fire Marshal’s regulations, to apply to the State Fire Marshal for a grant to develop and implement an education and training program for those purposes.

Existing law requires the State Fire Marshal to examine and classify all fireworks or pyrotechnic devices intended for sale in the state that are products of nonlicensed manufacturers, upon application and a fee. Existing law provides that the fee shall be $10 for each label of an item of identical size and design of a given lot or batch, as provided.

This bill would delete the $10 fee provision and instead authorize the State Fire Marshal to determine the fee amount. The bill would require each lot or batch to include, among other things, 10 samples of the fireworks or pyrotechnic device.

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 governmental entity collecting the fines or penalties shall forward 65% of that money to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund.

This bill would instead require the local government entity to forward 25% of that money, among other changes.

This bill would also make conforming and nonsubstantive changes.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 12505 of the Health and Safety Code is amended to read:

12505.

 “Dangerous fireworks” includes all of the following:

(a) Any fireworks which that contain any of the following:

(1) Arsenic sulfide, arsenates, or arsenites.

(2) Boron.

(3) Chlorates, except:

(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.

(B) In caps and party poppers.

(C) In those small items (such items, such as ground spinners) spinners, wherein the total powder content does not exceed 4 grams grams, of which not greater than 15 percent (or percent, or 600 milligrams) milligrams, is potassium, sodium, or barium chlorate.

(4) Gallates or Gallic acid.

(5) Magnesium (magnesium-aluminum Magnesium, except that magnesium-aluminum alloys, called magnalium, are permitted). permitted.

(6) Mercury salts.

(7) Phosphorous (red that is red or white white, except that red phosphorus is permissible in caps and party poppers). poppers.

(8) Picrates or picric acid.

(9) Thiocyanates.

(10) Titanium, except in particle size greater than 100-mesh.

(11) Zirconium.

(12) Lead and lead compounds, including red oxide.

(13) Hexachlorobenzene (perchlorobenzene) at the limit to 0.01% by weight.

(b) Firecrackers.

(c) Skyrockets and rockets, including all devices which that employ any a combustible or explosive material and which that rise in the air during discharge.

(d) Roman candles, including all devices which that discharge balls of fire into the air.

(e) Chasers, including all devices which that dart or travel about the surface of the ground during discharge.

(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter.

(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.

(h) Fireworks known as devil-on-the-walk, or any other firework which that explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.

(i) Torpedoes of all kinds which that explode on impact.

(j) Fireworks kits.

(k) Such other Other fireworks examined and tested by the State Fire Marshal and determined by him, the State Fire Marshal, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which that make such the fireworks unsafe for use by any a person not specially qualified or trained in the use of fireworks.

SEC. 2.

 Section 12509 of the Health and Safety Code is repealed.

12509.

“Exporter” means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state.

SEC. 3.

 Section 12513 of the Health and Safety Code is amended to read:

12513.

 “Importer” “Importer-exporter” or “importer and exporter” means any person who for any purpose does any of the following:

(a)  Brings fireworks into this state or causes fireworks to be brought into this state.

(b)  Procures the delivery or receives shipments of any fireworks into this state.

(c)  Buys or contracts to buy fireworks for shipment into this state.

(d) Sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of the state.

SEC. 4.

 Section 12555 of the Health and Safety Code is amended to read:

12555.

 The State Fire Marshal or his the State Fire Marshal’s salaried deputies may make an examination of the books and records of any a licensee or permittee relative to fireworks, and may visit and inspect any a building or other premises subject to the control of, or used by, the licensee or permittee for any purpose related to fireworks of any a licensee or permittee at any time he the State Fire Marshal may deem necessary for the purpose of enforcing the provisions of this part.

SEC. 5.

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

12556.

 In addition to the obligations described in Section 13110.5, on or before July 1, 2008, December 31, 2022, 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 All Incident Reporting System (CFIRS). (CAIRS). The State Fire Marshal shall furnish a copy of these evaluation methods to any an interested person upon request.

SEC. 6.

 Section 12557 of the Health and Safety Code is repealed.

12557.

(a)The Office of the State Fire Marshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal and develop a model ordinance that permits local jurisdictions to adopt a streamlined enforcement and administrative fine procedures related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code, and provide that the fines collected pursuant to this section shall not be subject to Section 12706. The model ordinance shall include provisions for reimbursing the Office of the State Fire Marshal for the costs associated with the disposal of seized fireworks and collecting these disposal costs as part of an administrative fine as described in subdivision (c).

(b)An ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks and is not the model ordinance described in subdivision (a) shall, as soon as practicable, comply with all of the following:

(1)The ordinance shall be amended or adopted to include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine as described in subdivision (c).

(2)The ordinance shall be amended or adopted to provide that the ordinance shall be limited to a person who possesses or the seizure of 25 pounds or less of dangerous fireworks.

(3)The ordinance shall be amended or adopted to provide that the fines collected pursuant to the ordinance shall not be subject to Section 12706.

(c)The State Fire Marshal shall, in consultation with local jurisdictions, develop regulations to specify a procedure on how to cover the cost to the Office of the State Fire Marshal for the transportation and disposal of dangerous fireworks that are seized by local jurisdictions. The regulations shall include, but are not limited to, all of the following:

(1)A cost recovery procedure to collect, as part of an administrative fine, the actual cost for transportation and disposal of dangerous fireworks from any person who violates a local ordinance related to dangerous fireworks.

(2)The method by which the actual cost for transportation and disposal by the Office of the State Fire Marshal will be calculated.

(3)The method, manner, and procedure the local jurisdiction is required to follow to forward the amounts collected pursuant to paragraph (1) to the State Fire Marshal.

SEC. 7.

 Section 12557 is added to the Health and Safety Code, to read:

12557.

 (a) A local jurisdiction may, and is encouraged to, adopt by ordinance a streamlined enforcement and administrative fine procedure related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code.

(b) The ordinance may include provisions for cost reimbursement to the local jurisdiction, the Office of the State Fire Marshal, or both, including the collection and disposal costs of the dangerous fireworks in addition to any administrative fines.

(c) The ordinance shall be limited to a person who possesses, or the seizure of, 25 pounds or less of dangerous fireworks.

(d) The ordinance may provide for social host liability in order to make owners, renters, and lessees and those that have possession of residence or other property responsible for dangerous illegal fireworks possession and use on that property.

SEC. 8.

 Section 12558 of the Health and Safety Code is amended to read:

12558.

 (a) In addition to the obligations described in this chapter, on or before January 1, 2023, 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 transshipped out of those ports via container on a motor vehicle for shipment to a destination 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, 2024, 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.

The

(c) The licensee or permittee shall permit the chief of the issuing authority, or his their authorized representatives, as qualified in Section 12721, to enter and inspect any a building or other premises premises, including a container described in subdivision (a), subject to the control of of, or used by by, the licensee or permittee for any a purpose related to fireworks at any time for the purpose of enforcing the provisions of this part.

SEC. 9.

 Section 12561 of the Health and Safety Code is amended to read:

12561.

 All fireworks examined by the State Fire Marshal and determined by him the State Fire marshal to come within the definition of “dangerous fireworks” in Section 12505 shall be classified as dangerous fireworks.

SEC. 10.

 Section 12562 of the Health and Safety Code is amended to read:

12562.

 All fireworks examined by the State Fire Marshal and determined by him the State Fire Marshal to come within the definition of “safe and sane fireworks” in Section 12529 shall be classified as safe and sane fireworks.

SEC. 11.

 Section 12563 of the Health and Safety Code is amended to read:

12563.

 All fireworks examined by the State Fire Marshal and determined by him the State Fire Marshal to come within the definition of “agricultural and wildlife fireworks” in Section 12503 shall be classified as agricultural and wildlife fireworks.

SEC. 12.

 Section 12564 of the Health and Safety Code is amended to read:

12564.

 All fireworks examined by the State Fire Marshal and determined by him the State Fire Marshal to come within the definition of “exempt fireworks” in Section 12508 shall be classified as exempt fireworks.

SEC. 13.

 Section 12565 of the Health and Safety Code is amended to read:

12565.

 All fireworks or toy propellent propellant devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her the State Fire Marshal to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors.

SEC. 14.

 Section 12566 of the Health and Safety Code is amended to read:

12566.

 All pyrotechnic devices examined by the State Fire Marshal and found by him the State Fire Marshal to come within the definition of “emergency signaling devices” in Section 12506 shall be classified by the State Fire Marshal as emergency signaling devices.

SEC. 15.

 Section 12570 of the Health and Safety Code is amended to read:

12570.

 The State Fire Marshal may issue any a license described in this part, subject to the regulations which he that the State Fire Marshal may adopt that are not inconsistent with the provisions of this part.

SEC. 16.

 Section 12581 of the Health and Safety Code is amended to read:

12581.

 Any A person who desires to manufacture, import, export, sell sell, or use fireworks, fireworks shall first make a written application for a license to the State Fire Marshal on forms provided by him. Such the State Fire Marshal. The application shall be accompanied by the annual license fee as prescribed in this chapter.

SEC. 17.

 Section 12585 of the Health and Safety Code is amended to read:

12585.

 Any An applicant may withdraw his their application for a license or renewal of a license and the State Fire Marshal may allow the withdrawal when he the State Fire Marshal has determined that it is in the best interest of public safety or the administration of this part.

SEC. 18.

 Section 12586 of the Health and Safety Code is amended to read:

12586.

 The suspension, expiration, or forfeiture by operation of law of a license issued by the State Fire Marshal, or its suspension, forfeiture, or cancellation by order of the State Fire Marshal or by a court of law, or its surrender to the State Fire Marshal shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the State Fire Marshal of his the State Fire Marshal’s authority to institute or continue disciplinary action against the licensee upon any ground provided by law, or to enter an order suspending or revoking a license or otherwise taking disciplinary action against the licensee on any such ground.

SEC. 19.

 Section 12587 of the Health and Safety Code is amended to read:

12587.

 A written report by the State Fire Marshal, any of his the State Fire Marshal’s deputies, or salaried assistants, or by the chief of any a city or county fire department or fire protection district or their authorized representatives, disclosing that the applicant for a license or for renewal of a license does not meet, or the premises for which the license is required do not meet, the qualifications or conditions for such the license as required by this part or regulations adopted pursuant to this part, may constitute grounds for denial of any an application for the license or renewal of the license.

SEC. 20.

 Section 12590 of the Health and Safety Code is amended to read:

12590.

 The State Fire Marshal may deny or revoke any a license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred:

(a) The licensee has failed to pay the annual renewal license fee provided in this chapter.

(b) The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.

(c) The licensee or license applicant has created or caused a fire nuisance.

(d) The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.

(e) Any A fact or condition exists which, that, if it had existed at the time of the original application for the license license, reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.

(f) The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.

(g) Any A licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.

(h) The licensee has engaged in or facilitated the distribution or unauthorized sale of dangerous fireworks to a person or entity not holding a requisite State Fire Marshal license.

SEC. 21.

 Section 12604 of the Health and Safety Code is amended to read:

12604.

 Following the revocation or voluntary surrender of a license, or failure to renew his their license, any a person in lawful possession of lawfully acquired fireworks for which a license is required may sell or otherwise dispose of such the fireworks only under supervision of the State Fire Marshal and in such a manner as he the State Fire Marshal shall provide by regulations and solely to persons who are authorized to buy, possess, sell, or use such those fireworks. Such That disposal shall be accomplished not later than 90 days from the legal revocation, voluntary surrender, or day that expiration of the license expires. Any license. A person possessing fireworks pursuant to this section shall report the disposition of such the fireworks to the local authority who issued the storage permit within the time period specified by this section.

SEC. 22.

 Section 12605 of the Health and Safety Code is amended to read:

12605.

 Any A person found guilty of violating any of the provisions of this part is not eligible to apply for a new license, apply for a renewal of a license, or take an examination for any a license for a period of one year from the date of any a conviction. The State Fire Marshal may waive the provisions of this section when he the State Fire Marshal finds the granting of a license will not endanger public safety.

SEC. 23.

 Section 12635.5 is added to the Health and Safety Code, to read:

12635.5.

 (a) The State Fire Marshal Dangerous Fireworks Training and Education Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, this fund is continuously appropriated without regard to fiscal years to the State Fire Marshal for the purpose of training local fire and law enforcement agencies regarding the identification, risks, dangers, and proper storage and management associated with dangerous fireworks and safe and sane fireworks seized pursuant to this part.

(b) Pursuant to Section 12630, the State Fire Marshal shall establish and collect an additional fee on permits for dangerous fireworks issued pursuant to Section 12640 in an amount necessary to enforce this part with respect to training and education regarding dangerous fireworks. Notwithstanding Section 12635, these fees shall be deposited in the State Fire Marshal Dangerous Fireworks Training and Education Fund.

(c) A local fire department, a local fire protection agency, a local law enforcement agency, or any other public agency authorized by statute to enforce the State Fire Marshal’s regulations may apply to the State Fire Marshal for a grant for its reasonable costs in participating in the State Fire Marshal’s education and training program pursuant to this section.

SEC. 24.

 Section 12637 of the Health and Safety Code is amended to read:

12637.

 (a) All fireworks or pyrotechnic devices intended for sale in this state, which that are products of nonlicensed manufacturers, shall be examined and classified by the State Fire Marshal upon written application on forms provided by him. Such the State Fire Marshal. The application shall be accompanied by a fee as follows: fee, in an amount determined by the State Fire Marshal.

(a) Ten dollars ($10)

(b) The fee shall be assessed for each label of an item of identical size and design of a given lot or batch, provided that the lot or batch is identifiable by a code, serial number, shipment lot, case cargo number, etc. or other similar methods.

(c) Each lot or batch shall include 10 samples of the firework or pyrotechnic device, with the proper label, name of the item, EX or FC number, how it should be classified, such as safe and sane, snap cap, or party popper, and a copy of the EX or FC application with the chemical analysis and a drawing of the item.

(d) A separate application and fee shall be submitted for each lot or batch.

A separate application and fee shall be submitted for each lot or batch. The

(e) The State Fire Marshal seal and the wholesalers or importers registration number shall not be imprinted on the label until the lot or batch has been examined and classified.

SEC. 25.

 Section 12643 of the Health and Safety Code is amended to read:

12643.

 Any A licensee desiring to do any an act specified in Section 12640 shall first make a written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to such other another issuing authority which that may be designated by the governing body of the city or county. In the event there is no such not an officer or person appointed within the area, an application shall be made to the State Fire Marshal or his the State Fire Marshal’s deputy. Applications for permits shall be made in writing at least 10 days prior to before the proposed act.

SEC. 26.

 Section 12645 of the Health and Safety Code is amended to read:

12645.

 The officer to whom the application for a permit is made shall undertake an investigation and submit a report of his the officer’s findings and his the officer’s recommendation concerning the issuance of the permit, together with his the officer’s reasons therefor, to the governing body of the city or county. The applicant for a permit to conduct a public display shall file a certificate evidencing the possession of a valid public display license with the officer making the investigation.

SEC. 27.

 Section 12648 of the Health and Safety Code is amended to read:

12648.

 The officer to whom the application for a permit for a public display of fireworks is made shall make an investigation investigate to determine whether such a the display as proposed will be of such a character or so located such that it may be hazardous to property or dangerous to any person. He The officer shall, in the exercise of reasonable discretion, recommend granting or denying the permit, subject to such those conditions as he the officer may prescribe.

SEC. 28.

 Section 12649 of the Health and Safety Code is amended to read:

12649.

 The applicant for a permit for any a public display of fireworks shall, at the time of application, submit his their license for inspection and furnish proof that he carries they carry compensation insurance for his their employees as provided by the laws of this state.

SEC. 29.

 Section 12723 of the Health and Safety Code is amended to read:

12723.

 (a) It is the intent of the Legislature that this section, as well as Sections 12724 and 12726 create a uniform statewide policy regarding a state, county, special district, or local government entity’s safe seizure, storage, repurposing, destruction, or disposal of class 1.4G federally approved dangerous fireworks and class 1.4G California classified safe and sane fireworks. It is further the intent of the Legislature that any savings achieved to the State Fire Marshal Fireworks Enforcement and Disposal Fund, established pursuant to Section 12728, because of this section and Section 12724, should be allocated to enforcement efforts targeting the sale, storage, transportation, importation, and use of dangerous fireworks and should not impact additional funds that may be appropriated to this fund each fiscal year.

(b) For purposes of this section and Section 12726, the following terms shall apply:

(1) “Collection site” means a recognized site where seizing entities shall deposit fireworks for collection by the State Fire Marshal or the State Fire Marshal’s designee.

(2) “Commercially viable” means federally approved dangerous consumer fireworks or California classified safe and sane fireworks that have been determined by the State Fire Marshal or the State Fire Marshal’s designee to be in a physical condition to be repurposed or resold in states that are not contiguous to California.

(3) “Federally approved dangerous fireworks” means dangerous fireworks, as defined in Section 12505, that are approved by the United States Consumer Product Safety Commission and comply with Part 1507 of Title 16 of the Code of Federal Regulations and the United States Department of Transportation requirements set forth in Title 49 of the Code of Federal Regulation.

(4) “Management” or “managed” means adherence to a uniform statewide policy regarding the state, a county, a special district, or a local government entity’s safe seizure, storage, repurposing, destruction, or disposal of class 1.4G federally approved dangerous fireworks or class 1.4G California classified safe and sane fireworks seized by any of the above entities.

(5) “Safe and sane fireworks” has the same meaning as Section 12529.

(a)

(c) The authority seizing 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. Fireworks, with the exception of dangerous fireworks, seized pursuant to Section 12721 shall be disposed of managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal Marshal, in accordance with Section 12726, 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 12724, whichever is later. Dangerous fireworks shall be disposed of managed according to procedures in Sections 12724 and 12726. Fireworks seized by any authority as defined in this chapter, other than the State Fire Marshal or his or her the State Fire Marshal’s salaried assistants, shall be held in trust for managed in a manner prescribed by the State Fire Marshal by that authority.

(b)This section shall become operative on January 1, 2016.

SEC. 30.

 Section 12726 of the Health and Safety Code is amended to read:

12726.

 (a) The dangerous or safe and sane fireworks seized pursuant to this part shall be disposed of managed by the State Fire Marshal 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 may dispose of the fireworks after all of the following requirements are satisfied: shall manage these fireworks pursuant to subdivisions (d) to (k), inclusive.

(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.

(4)The State Fire Marshal has given written approval for the destruction 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) (1) 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. shall, in consultation with the relevant federal and state agencies and local jurisdictions, develop specific protocols and procedures for the safe seizure, storage, repurposing, destruction, or disposal of class 1.4G federally approved dangerous fireworks and class 1.4G California classified safe and sane fireworks.

(2) State, county, special district, and local government entities shall handle, transport, and store seized fireworks in a manner prescribed by the State Fire Marshal.

(c) 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.

(d)This section shall become operative on January 1, 2016.

(d) The seizing entity shall separate fireworks that are not legal for sale to consumers in California or any other state, and ensure that this material is stored in accordance with all applicable state and federal hazardous waste laws and regulations until the time when these fireworks can be disposed of by the appropriate local bomb squad.

(e) The seizing entity shall notify the State Fire Marshal or designee within three days of the determination that the seized product may be transferred. The notification shall include the amount of federally approved dangerous consumer fireworks or safe and sane fireworks that have been seized, a general description of the condition of the packaging of the fireworks, and the collection site from which the fireworks will be collected.

(f) The State Fire Marshal or designee shall arrange for pickup or transportation of all federally approved dangerous consumer fireworks or safe and sane fireworks that are at the collection site. The State Fire Marshal or designee shall be responsible for sorting the commercially viable fireworks from hazardous waste and managing all of the material in compliance with state and federal laws.

(g) Any commercially viable, federally approved dangerous consumer fireworks or safe and sane fireworks shall be available for sale by any California licensed fireworks importer-exporter or wholesaler, in good standing. The revenue from the sales shall be deposited in the State Fire Marshal Fireworks Enforcement and Disposal Fund, established pursuant to Section 12728.

(h) The importer-exporter or wholesaler who purchases fireworks pursuant to subdivision (g) may, to the extent allowed by any applicable state and federal laws, repurpose and retain any seized commercially viable federally approved dangerous consumer fireworks within the state for a period not exceeding 90 days. Before the expiration of the 90-day period, they shall ship those fireworks to a site operated by the importer-exporter, wholesaler, or another entity in another state that is authorized to accept the shipment.

(i) (1) The State Fire Marshal or the State Fire Marshal’s designee shall not be required to accept any of the following materials:

(A) Military ordnance.

(B) Explosives as defined by Section 12000.

(C) Blasting caps.

(D) Explosive precursor chemicals.

(E) Loose pyrotechnic powder.

(F) Black powder.

(G) Smokeless powder.

(H) Destructive devices.

(I) Improvised explosive devices.

(J) Homemade fireworks.

(K) Emergency signaling devices.

(L) Agricultural and wildlife devices.

(M) Road flares.

(N) Fuzees.

(O) Electric matches.

(P) Hobby fuses.

(Q) Butane lighters.

(R) Matches.

(S) Class 1.3 G fireworks.

(T) Wet fireworks.

(U) Hazardous waste.

(V) Banned hazardous substances.

(2) Seized fireworks shall not be accepted by the State Fire Marshal or the State Fire Marshal’s designee without an accompanying completed seizure form, as created by the State Fire Marshal.

(j) (1) On a quarterly basis, each seizing entity shall notify the State Fire Marshal of all administrative, civil, or criminal fines or penalties levied or collected pursuant to Section 12700, 12702, or 12703 or for any violations of subdivision (b) of Section 12700 or any regulation or ordinance adopted pursuant to subdivision (b) of Section 12700.

(2) Within 60 days of the seizing entity’s receipt of any or all administrative, civil, or criminal fines or penalties described in paragraph (1), 25 percent of all sums collected in each quarter by the seizing entity shall be transmitted to the State Fire Marshal for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, established pursuant to Section 12728.

(k) On or by January 31 of each year, the State Fire Marshal shall advise each seizing entity of all of the following:

(1) The total poundage of all seized fireworks the seizing entity delivered during the last calendar year.

(2) The total poundage of all seized fireworks delivered by the seizing entity in the last calendar year that could not be repurposed and the cost of disposing the fireworks.

(3) That the seizing entity shall be responsible for 50 percent of the cost incurred for disposal minus all sums transmitted to the State Fire Marshal during the last calendar year by that seizing entity pursuant to subdivision (c).

SEC. 31.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.

However, if the Commission on State Mandates determines that this act contains other 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.