Bill Text: CA SB522 | 2015-2016 | Regular Session | Amended
Bill Title: Los Angeles County Metropolitan Transportation Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB522 Detail]
Download: California-2015-SB522-Amended.html
BILL NUMBER: SB 522 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 23, 2016
AMENDED IN ASSEMBLY JULY 13, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 26, 2015
An act to amend Sections 12505, 12555, 12558, 12561,
12562, 12563, 12564, 12565, 12566, 12570, 12580, 12581, 12585, 12586,
12587, 12590, 12604, 12605, 12637, 12643, 12645, 12648, 12649,
12670, 12673, 12686, 12688, 12706, 12722, 12724, 12725, and 12728 of,
to add Chapter 6.5 (commencing with Section 12655) to Part 2 of
Division 11 of, and to repeal Sections 12556, 12557, 12723, and 12726
of, the Health and Safety Code, relating to fireworks.
An act to amend Section 130051 of the Public Utilities Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 522, as amended, Mendoza. State Fireworks Law:
fireworks stewardship program. Los Angeles County
Metropolitan Transportation Authority.
Existing law creates the Los Angeles County Metropolitan
Transportation Authority with specified powers and duties relative to
transportation planning, programming, and operations in the County
of Los Angeles. The authority is governed by a 14-member board of
directors, including the Mayor of the City of Los Angeles, 2 public
members and one Los Angeles City Council member appointed by the
mayor, 4 members appointed from the other cities in the county, the 5
members of the board of supervisors, and one nonvoting member
appointed by the Governor.
This bill would expand the board of directors to 24 members by
adding 2 members who reside in the County of Los Angeles, one member
appointed by the Speaker of the Assembly and one member appointed by
the Senate Committee on Rules, selected from a list of candidates
submitted by the Los Angeles County City Selection Committee, and
would prohibit these members from residing in the same city as
another member of the authority, as specified. The bill would instead
provide for the appointment of 8 members from the other cities in
the county, 2 from each sector, as prescribed. The bill would also
add as members of the board of directors the Mayor of the City of
Long Beach, one additional public member, and 2 additional City
Council Members of the City of Los Angeles appointed by the Mayor of
the City of Los Angeles.
By requiring the board membership to be expanded, the bill would
thereby impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, 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 these
statutory provisions.
Existing law requires various entities, including the State Fire
Marshal, to seize certain prohibited fireworks. Existing law, until
January 1, 2016, requires the State Fire Marshal to manage seized
fireworks and contract with a federally permitted hazardous waste
hauler for the hauling and disposal of seized illegal fireworks, and
to store fireworks determined not to be hazardous, 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.
Existing law authorizes the State Fire Marshal to issue and renew
licenses for the manufacture, import, export, sale, and use of all
fireworks and pyrotechnic devices in this state, in accordance with
prescribed procedures.
The bill would, commencing January 1, 2017, prohibit the State
Fire Marshal from issuing or renewing those licenses unless the
applicant for a license or renewal of a license has submitted a
fireworks stewardship plan, as described, that has been approved by
the State Fire Marshal. The bill would establish the Fireworks
Stewardship Program, which would, among other things, prescribe
procedures for entities that are authorized to seize fireworks to
provide for the transfer, storage, transportation, and repurposing of
seized fireworks, in accordance with specified requirements,
including that the fireworks are managed and transported in
accordance with all applicable state and federal hazardous waste laws
and regulations.
The bill would require a fireworks stewardship organization, as
defined, or a manufacturer of fireworks, as described, before it may
take possession of seized fireworks from the State Fire Marshal, to,
not later than January 30, 2016, submit an interim fireworks plan for
approval to the State Fire Marshal, containing specified components
and information, and would prescribe procedures for the approval or
disapproval of the plan. The bill would, no later than July 1, 2016,
require a manufacturer, either individually, or through a fireworks
stewardship organization acting on its behalf, to submit a fireworks
stewardship plan to the State Fire Marshal that meets specified
requirements. The bill would require a manufacturer or a fireworks
stewardship organization, no later than July 1, 2016, and annually
thereafter, to prepare and submit to the State Fire Marshal a
proposed program budget for the following calendar year, with
information relating the anticipated costs of the program.
The bill would require a fireworks stewardship organization to
recommend to the State Fire Marshal an amount for a fireworks
management charge to be added to the price of safe and sane fireworks
at the point of sale, as defined, to fund the program. The bill
would prescribe procedures for the conduct of audits and the
reimbursement of various entities for program costs, and would impose
recordkeeping and reporting requirements on a fireworks stewardship
organization covered under the bill. The bill would authorize the
State Fire Marshal to impose various administrative penalties for
violations of program requirements, and would require that all
revenues collected from those administrative penalties be deposited
in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as
provided.
Existing law provides that criminal fines for violations of the
laws regulating fireworks are distributed by the courts, with 65%
allocated to a fund that supports State Fire Marshal programs
relating to fireworks and explosives enforcement and education, and
35% allocated to reimbursement of the local public safety agencies
for enforcement expenses.
This bill would provide, without specifying further allocation,
that all of these moneys are to be deposited with the county
treasurer of the county in which the court is situated.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130051 of the Public
Utilities Code is amended to read:
130051. The Los Angeles County Metropolitan Transportation
Authority consists of 14 24 members, as
follows:
(a) Five members of the Los Angeles County Board of Supervisors.
If the number of members of the Los Angeles County Board of
Supervisors is increased, the authority shall, within 60 days of the
increase, submit a plan to the Legislature for revising the
composition of the authority.
(b) The Mayor of the City of Los Angeles.
(c) Two Three public members and
one member three members of the City
Council of the City of Los Angeles appointed by the Mayor of the City
of Los Angeles.
(d) The Mayor of the City of Long Beach.
(d) Four
(e) Eight members, two from
each sector, each of whom shall be a mayor or a
member of a city council, appointed by the Los Angeles County City
Selection Committee. For purposes of the selection of these
four eight members, the County of Los Angeles,
excluding the City of Los Angeles, Angeles
and the City of Long Beach, shall be divided into
the following four sectors:
(1) The North County/San Fernando Valley sector.
(2) The Southwest Corridor sector.
(3) The San Gabriel Valley sector.
(4) The Southeast Long Beach sector.
The League of California Cities, Los Angeles County Division,
shall define the sectors. Every city within a sector shall be
entitled to vote to nominate one or more candidates from that sector
for consideration for appointment by the Los Angeles County City
Selection Committee. A city's vote shall be weighted in the same
proportion that its population bears to the total population of all
cities within the sector.
The members appointed pursuant to this subdivision shall be
appointed by the Los Angeles County City Selection Committee upon an
affirmative vote of its members which represent a majority of the
population of all cities within the county, excluding the City of Los
Angeles. Angeles and the City of Long Beach.
The members selected by the city selection committee shall serve
four-year terms with no limitation on the number of terms that may be
served by any individual. The city selection committee may shorten
the initial four-year term for one or more of the members for the
purpose of ensuring that the members will serve staggered terms.
(e)
(f) If the population of the City of Los Angeles, at
any time, becomes less than 35 percent of the combined population of
all cities in the county, the position of one of the two
three public members appointed pursuant to
subdivision (c), as determined by the Mayor of the City of Los
Angeles by lot, shall be vacated, and the vacant position shall be
filled by appointment by the city selection committee pursuant to
subdivision (d) (e) from a city not
represented by any other member appointed pursuant to subdivision
(d). (e).
(g) Two members who reside in the County of Los Angeles, one
member appointed by the Speaker of the Assembly and one member
appointed by the Senate Committee on Rules. At the time a member is
appointed pursuant to this subdivision, the member shall not reside
in the same city as another member of the authority. These members
shall be selected from a list submitted by the Los Angeles County
City Selection Committee that contains two or more candidates from
each sector. The Los Angeles County City Selection Committee shall
submit lists of candidates to the Senate Committee on Rules and the
Speaker of the Assembly until the appointments are made.
(f)
(h) One nonvoting member appointed by the Governor.
SEC. 2. 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.
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 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 as ground spinners) wherein the
total powder content does not exceed 4 grams of which not greater
than 15 percent (or 600 milligrams) is potassium, sodium, or barium
chlorate.
(4) Gallates or Gallic acid.
(5) Magnesium (magnesium-aluminum alloys, called magnalium, are
permitted).
(6) Mercury salts.
(7) Phosphorous (red or white except that red phosphorus is
permissible in caps and party poppers).
(8) Picrates or picric acid.
(9) Thiocyanates.
(10) Titanium, except in particle size greater than 100-mesh.
(11) Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ
any combustible or explosive material and which rise in the air
during discharge.
(d) Roman candles, including all devices which discharge balls of
fire into the air.
(e) Chasers, including all devices which 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 explodes through means of friction, unless otherwise classified
by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire
Marshal and determined by him or her, with the advice of the State
Board of Fire Services, to possess characteristics of design or
construction which make such fireworks unsafe for use by any person
not specially qualified or trained in the use of fireworks.
SEC. 2. Section 12555 of the Health and Safety
Code is amended to read:
12555. The State Fire Marshal or his or her salaried deputies may
make an examination of the books and records of any licensee or
permittee relative to fireworks, and may visit and inspect any
building or other premises subject to the control of, or used by, the
licensee or permittee for any purpose related to fireworks of any
licensee or permittee at any time he or she may deem necessary for
the purpose of enforcing the provisions of this part.
SEC. 3. Section 12556 of the Health and Safety
Code is repealed.
SEC. 4. Section 12557 of the Health and Safety
Code is repealed.
SEC. 5. Section 12558 of the Health and Safety
Code is amended to read:
12558. 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 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. 6. 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 or her to come within the definition of "dangerous
fireworks" in Section 12505 shall be classified as dangerous
fireworks.
SEC. 7. 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 or her to come within the definition of "safe and
sane fireworks" in Section 12529 shall be classified as safe and sane
fireworks.
SEC. 8. 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 or her to come within the definition of
"agricultural and wildlife fireworks" in Section 12503 shall be
classified as agricultural and wildlife fireworks.
SEC. 9. 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 or her to come within the definition of "exempt
fireworks" in Section 12508 shall be classified as exempt fireworks.
SEC. 10. Section 12565 of the Health and Safety
Code is amended to read:
12565. All fireworks or toy propellent devices containing
pyrotechnic compositions examined by the State Fire Marshal and found
by him or her to come within the definition of "model rocket" or
"model rocket engine" in Section 12519 or 12520, respectively, shall
be classified as model rocket engines.
SEC. 11. 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 or her 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. 12. Section 12570 of the Health and Safety
Code is amended to read:
12570. The State Fire Marshal may issue any license described in
this part, subject to the regulations that he or she may adopt not
inconsistent with the provisions of this part.
SEC. 13. Section 12580 of the Health and Safety
Code is amended to read:
12580. The State Fire Marshal may issue and renew licenses for
the manufacture, import, export, sale, and use of all fireworks and
pyrotechnic devices in this state. Commencing on January 1, 2017, the
State Fire Marshal shall not issue wholesale licenses that include
the wholesale of safe and sane fireworks if the applicant for a
license does not have a fireworks stewardship plan that has been
approved by the State Fire Marshal pursuant to Section 12659.
SEC. 14. Section 12581 of the Health and Safety
Code is amended to read:
12581. Any person who desires to manufacture, import, export,
sell, or use fireworks shall first make written application for a
license to the State Fire Marshal on forms provided by him or her.
The application shall be accompanied by the annual license fee as
prescribed in this chapter.
SEC. 15. Section 12585 of the Health and Safety
Code is amended to read:
12585. Any applicant may withdraw his or her application for a
license or renewal of a license and the State Fire Marshal may allow
the withdrawal when he or she has determined that it is in the best
interest of public safety or the administration of this part.
SEC. 16. 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 or her
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. 17. Section 12587 of the Health and Safety
Code is amended to read:
12587. A written report by the State Fire Marshal, any of his or
her deputies, or salaried assistants, or by the chief of any city or
county fire department or fire protection district or his or her
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 the license as required by this part or regulations
adopted pursuant to this part, may constitute grounds for denial of
any application for the license or renewal of the license.
SEC. 18. Section 12590 of the Health and Safety
Code is amended to read:
12590. The State Fire Marshal may deny or revoke any 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 fact or condition exists which, if it had existed at the
time of the original application for the 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 licensee or license applicant has refused to make
available to the State Fire Marshal full, complete, and accurate
records.
(h) The licensee does not participate in a fireworks stewardship
plan that has been approved by the State Fire Marshal pursuant to
Section 12659.
SEC. 19. Section 12604 of the Health and Safety
Code is amended to read:
12604. Following the revocation or voluntary surrender of his or
her license, or failure to renew his or her license, any person in
lawful possession of lawfully acquired fireworks for which a license
is required may sell or otherwise dispose of such fireworks only
under supervision of the State Fire Marshal and in such a manner as
the State Fire Marshal shall provide by regulations and solely to
persons who are authorized to buy, possess, sell, or use those
fireworks. That disposal shall be accomplished not later than 90 days
after the legal revocation, voluntary surrender, or expiration of
the license. Any person possessing fireworks pursuant to this section
shall report the disposition of the fireworks to the local authority
who issued the storage permit within the time period specified by
this section.
SEC. 20. Section 12605 of the Health and Safety
Code is amended to read:
12605. 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 license for a
period of one year from the date of any conviction. The State Fire
Marshal may waive the provisions of this section when he or she finds
the granting of a license will not endanger public safety.
SEC. 21. Section 12637 of the Health and Safety
Code is amended to read:
12637. All fireworks or pyrotechnic devices intended for sale in
this state, which are products of nonlicensed manufacturers, shall be
examined and classified by the State Fire Marshal upon written
application on forms provided by him or her. The application shall be
accompanied by a fee as follows:
(a) Ten dollars ($10) 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.
(b) A separate application and fee shall be submitted for each lot
or batch.
(c) 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. 22. Section 12643 of the Health and Safety
Code is amended to read:
12643. Any licensee desiring to do any act specified in Section
12640 shall first make 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 another issuing authority that may be
designated by the governing body of the city or county. In the event
there is no such officer or person appointed within the area,
application shall be made to the State Fire Marshal or his or her
deputy. Applications for permits shall be made in writing at least 10
days prior to the proposed act.
SEC. 23. 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 or her
findings and his or her recommendation concerning the issuance of the
permit, together with his or her 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. 24. 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 to
determine whether such a display as proposed will be of a character
or so located that it may be hazardous to property or dangerous to
any person. He or she shall, in the exercise of reasonable
discretion, recommend granting or denying the permit, subject to
those conditions as he or she may prescribe.
SEC. 25. Section 12649 of the Health and Safety
Code is amended to read:
12649. The applicant for a permit for any public display of
fireworks shall, at the time of application, submit his or her
license for inspection and furnish proof that he or she carries
compensation insurance for his or her employees as provided by the
laws of this state.
SEC. 26. Chapter 6.5 (commencing with Section
12655) is added to Part 2 of Division 11 of the Health and Safety
Code, to read:
CHAPTER 6.5. FIREWORKS STEWARDSHIP PROGRAM
12655. This chapter shall be known as the Fireworks Stewardship
Program.
12656. For purposes of this chapter, the following definitions
apply:
(a) "Dangerous fireworks" has the same meaning as Section 12505.
(b) "Fireworks" has the same meaning as Section 12511.
(c) "Fireworks management charge" or "charge" means the charge
imposed on the sale of fireworks and collected at the retail point of
sale, the revenues from which are used to fund the management and
disposal of out-of-state fireworks.
(d) "Fireworks stewardship plan" or "fireworks plan" means a plan
submitted to the State Fire Marshal pursuant to Section 12659.
(e) "Fireworks stewardship organization" means a nonprofit
organization authorized by one or more manufacturers to act on behalf
of manufacturers to provide plans to the State Fire Marshal pursuant
to Section 12658 or 12659.
(f) "Interim fireworks plan" or "interim plan" means an interim
plan submitted to the State Fire Marshal for approval pursuant to
Section 12658.
(g) "Manufacturer" means one of the following persons:
(1) A person or entity that manufactures, and that sells, offers
for sale, or distributes, safe and sane fireworks in the state under
the person's or entity's own name or brand.
(2) If there is no person or entity that sells, offers for sale,
or distributes safe and sane fireworks in the state under the person'
s or entity's own name or brand, the manufacturer of the fireworks is
the owner or licensee of a trademark or brand under which the
fireworks are sold or distributed in the state, whether or not the
trademark is registered.
(3) If there is no person who is a manufacturer pursuant to
paragraph (1) or (2), the manufacturer of the fireworks is the person
who imports the fireworks into the state for sale or distribution.
(h) "Retailer" has the same meaning as Health and Safety Code
Section 12528.
(i) "Safe and sane fireworks" has the same meaning as Section
12529.
(j) "Seizing entity" means any entity authorized to seize
fireworks pursuant to Section 12721.
12657. (a) The seizing entity shall separate any seized fireworks
that are no longer in their original United States Department of
Transportation certified shipping containers, as well as any
fireworks that are identified as dangerous and are not legal for sale
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. The seizing entity may transfer any
seized fireworks to the fireworks stewardship organization or a
manufacturer for purposes of resale or disposal. If a seizing entity
transfers any seized fireworks to a fireworks stewardship
organization or manufacturer, it shall keep records detailing the
number of pounds of fireworks it transferred. A stewardship
organization shall accept full responsibility for the management and
handling of, and assume liability for any damage caused as a result
of, any fireworks that are transferred pursuant to this chapter, and
shall hold the State of California and the seizing entity harmless
for any damage done by those fireworks.
(b) Notwithstanding any other law, within 30 days of notification
by the seizing entity, the stewardship organization or manufacturer
shall arrange for pickup or transportation of all seized fireworks
that are held by the seizing entity in accordance with one of the
following procedures:
(1) Seized fireworks that are no longer in their original United
States Department of Transportation certified shipping containers,
and those that are identified as dangerous and are not legal for sale
in California or any other state, shall be transported by a
registered hazardous waste transporter, in accordance with all
applicable state and federal hazardous waste laws and regulations,
and all applicable United States Department of Transportation
requirements, to a facility that is authorized by the state where the
facility is located to receive fireworks that are determined to be
hazardous waste.
(2) Seized fireworks that are still in their original United
States Department of Transportation certified shipping containers
shall be transported to a location that is described in an approved
plan submitted pursuant to Section 12658 or 12659, as applicable.
(c) Any seized fireworks that are still in their original United
States Department of Transportation certified shipping containers may
be managed as follows:
(1) To the extent allowed by any applicable state and federal
laws, fireworks that may not legally be sold in California may be
repurposed, and retained by a fireworks stewardship organization
within the state for a period not exceeding 90 days. Before the
expiration of the 90-day period, the stewardship organization shall
ship those fireworks to a site operated by the stewardship
organization or another entity in another state that is authorized to
accept the shipment.
(2) To the extent allowed by any applicable state and federal
laws, any fireworks that may legally be sold in California may be
repurposed and retained by a fireworks stewardship organization and
offered for sale within the state during a legally authorized sales
period.
12658. (a) Before it may legally take possession of seized
fireworks from the State Fire Marshal, a fireworks stewardship
organization or manufacturer shall, not later than
January 30, 2016, submit an interim
fireworks plan for approval by the State Fire Marshal, which shall
contain, at a minimum, all of the following:
(1) A plan for the collection, sorting, disposal, or other
disposition of fireworks seized over the July 4, 2016, sales period,
which is in compliance with all appropriate state and federal
hazardous waste laws.
(2) A financial plan for the fireworks stewardship organization or
manufacturer to cover any costs associated with paragraph (1) and
any reasonable costs incurred by the State Fire Marshal to administer
this section, including any required retailer fees.
(b) No later than February 28, 2016, the State Fire Marshal shall
notify the fireworks stewardship organization or manufacturer of the
approval or disapproval of the interim plan submitted pursuant to
subdivision (a). If the State Fire Marshal disapproves of the interim
plan, the State Fire Marshal may require any revision to the plan he
or she deems necessary to protect the public safety or the fiscal
solvency of the fireworks disposal program as a precondition for
approval of the interim plan. A fireworks stewardship organization or
manufacturer shall submit a revised interim plan to the State Fire
Marshal no later than ____ days after the date of receipt of
notification of a disapproved plan. If the fireworks stewardship
organization or manufacturer fails to submit a revised interim plan
to the State Fire Marshal that includes the revisions required by the
State Fire Marshal, or the State Fire Marshal fails to approve the
plan within ____ days of receipt of the revised plan, the revised
plan shall be deemed disapproved.
(c) The State Fire Marshal or a seizing entity may transfer any
fireworks held from prior fiscal years to a fireworks stewardship
organization or manufacturer during the period from January 1, 2016,
to June 30, 2016. The transfer of those fireworks may only take place
if the proposed transfer is provided for in an approved and
implemented interim plan submitted pursuant to subdivision (a).
(d) The Department of Forestry and Fire Protection may establish
positions during the 2015-16 fiscal year that are necessary to
implement and administer this chapter. Any subsequent funding for
those positions shall occur as part of the regular budget process for
the 2016-17 fiscal year, and each fiscal year thereafter, consistent
with the requirements of the annual Budget Act.
(e) No later than June 1, 2016, a fireworks stewardship
organization or manufacturer shall be required to reimburse the
Department of Forestry and Fire Protection for any actual costs
incurred in funding the positions established pursuant to subdivision
(d).
(f) Before approving the interim fireworks plan submitted pursuant
to subdivision (a), the State Fire Marshal shall consult with
Department of Toxic Substances Control to ensure that the activities
described in the interim plan will be conducted so as to comply with
all state and federal hazardous waste laws and regulations.
12659. (a) No later than July 1, 2016, a manufacturer shall,
individually, or through a fireworks stewardship organization acting
on its behalf, submit for approval a fireworks stewardship plan to
the State Fire Marshal that meets the requirements of this section
and includes all of the following:
(1) A process for collaborating with the State Fire Marshal with
regard to the establishment of program goals and methods of measuring
program outcomes.
(2) A description of education and outreach efforts to nonprofit
organizations, charities, and others who sell safe and sane fireworks
regarding fire protection and prevention, the responsible use of
safe and sane fireworks, and the hazards of illegal fireworks.
(3) A consultation process with affected stakeholders regarding
the plan.
(4) The names of manufacturers and brands of fireworks covered
under the plan.
(5) Procedures to ensure the continued implementation of the
fireworks plan if the manufacturer or the stewardship organization no
longer exists due to bankruptcy, dissolution, or similar events.
(6) A process for ensuring payment to hazardous waste facilities
for the reasonable costs of collecting, storing, and processing
fireworks in the implementation of the fireworks plan pursuant to
this chapter.
(7) A methodology and audit plan for ensuring that any fireworks
that are legal under federal law, and are shipped outside of the
state, do not reenter California.
(8) Provisions requiring an annual report to the State Fire
Marshal documenting the prior year's seizures, shipments, sales, and
disposals.
(9) A plan developed with state and local law enforcement to
reduce the volume of illegal fireworks entering California.
(10) Measures to be implemented to ensure that hazardous waste is
managed in accordance with state and federal hazardous waste laws and
regulations.
(b) Before approving the fireworks stewardship plan prepared
pursuant to subdivision (a), the State Fire Marshal shall consult
with the Department of Toxic Substances Control to ensure that the
activities described in the fireworks stewardship plan will be
conducted in compliance with all state and federal hazardous waste
laws and regulations.
(c) Commencing January 1, 2017, the State Fire Marshal shall not
issue licenses pursuant to Sections 12572 and 12573 to a manufacturer
that is not in compliance with this chapter.
12660. No later than July 1, 2016, and annually thereafter, a
manufacturer or a fireworks stewardship organization shall prepare
and submit to the State Fire Marshal a proposed fireworks program
budget for the following calendar year that includes all of the
following:
(a) Anticipated revenues from the sale of recuperated fireworks
and costs of implementing the program, including costs of related
programs, projects, contracts, and administrative expenses, and
including the costs of complying with state and federal hazardous
waste laws and regulations.
(b) Recommended funding levels sufficient to cover the plan's
budgeted costs and the operating expenses of the program over a
multiyear period in a prudent and responsible manner.
(c) The amount of the fireworks disposal fee for the subsequent
July 4th sales period and an itemization of the estimated proceeds of
the fee.
(d) No later than October 1, 2016, and annually thereafter, the
State Fire Marshal shall approve or disapprove a manufacturer's or
fireworks stewardship organization's final program budget. If the
State Fire Marshal fails to act or does not disapprove a manufacturer'
s or fireworks stewardship organization's final program budget, the
budget shall be deemed approved on ____ of the applicable year.
(e) (1) If the State Fire Marshal disapproves the budget submitted
by a fireworks stewardship organization or manufacturer, the
fireworks stewardship organization or manufacturer shall submit a
revised budget addressing the State Fire Marshal's written reasons
for its decision to disapprove within 30 days of the date the budget
is disapproved.
(2) The State Fire Marshal, within 30 days from the date the
manufacturer or a fireworks stewardship organization submits a
revised budget, shall approve or disapprove a final fireworks program
budget.
12661. (a) A stewardship organization shall recommend to the
State Fire Marshal the amount of a fireworks management charge that
should be added to the purchase price of safe and sane fireworks at
the point of sale.
(b) (1) The amount of the fireworks management charge shall be
sufficient to fund the revenue requirements set forth in the approved
budget.
(2) The stewardship organization shall set the fireworks
management charge as a flat rate based on the type and quantity of
the fireworks purchased and not as a percentage of the purchase
price.
(c) The fireworks management charge shall be included in the
annual program budget for approval by the State Fire Marshal pursuant
to Section 12660.
(d) Once the State Fire Marshal approves or conditionally approves
a budget pursuant to Section 12660, the State Fire Marshal shall
require that a fireworks retailer that sells safe and sane fireworks
to a consumer in the state add the fireworks management charge to the
purchase price of the fireworks sold, and remit the proceeds of the
charge to the fireworks stewardship organization or manufacturer, as
applicable.
(e) The stewardship organization or manufacturer shall determine
the rules and procedures that are necessary and proper to implement
the collection of the charge in a fair, efficient, and lawful manner.
12662. (a) The fireworks stewardship organization or manufacturer
may conduct an audit of those parties that are required to remit the
fee to the manufacturer or stewardship organization to verify that a
fireworks management charge is paid correctly and accurately, and to
ensure that charges are paid and collected pursuant to this chapter
in the correct amount.
(b) An audit conducted pursuant to this section shall be carried
out in accordance with generally accepted auditing practices and
shall be limited in scope to confirming whether the fireworks
management charge has been properly collected on all sales of safe
and sane fireworks to consumers in the state.
(c) For purposes of conducting audits pursuant to this section, a
manufacturer or fireworks stewardship organization shall hire an
independent, third-party auditor.
(d) If a manufacturer or fireworks stewardship organization
conducts an audit pursuant to this section, the organization shall
provide a copy of the audit to the department.
12663. (a) The State Fire Marshal shall prepare a summary of his
or her costs for implementing and enforcing this chapter through the
end of the 2016-17 fiscal year, and for each fiscal year thereafter.
The estimated costs of implementation shall include any costs
incurred by the Department of Toxic Substances Control to review an
interim plan submitted pursuant to Section 12658, or a fireworks plan
submitted pursuant to Section 12659, for compliance with state and
federal hazardous waste laws and regulations.
(b) No later than July 1, 2016, and once every three months
thereafter, and within the fiscal year ending June 30, the fireworks
stewardship organization shall reimburse the State Fire Marshal for
any costs incurred pursuant to subdivision (a).
(c) The State Fire Marshal shall deposit all moneys submitted for
reimbursement of its costs by a fireworks stewardship organization or
manufacturer pursuant to this section into the State Fire Marshal
Fireworks Enforcement and Disposal Fund, created pursuant to Section
12728. Upon appropriation by the Legislature, these moneys may be
expended by the Department of Forestry and Fire Prevention to
administer and enforce this chapter and reimburse any outstanding
loans made from other funds used to finance startup costs of the
department's activities pursuant to this chapter.
12664. (a) A fireworks stewardship organization shall keep
minutes, books, and records that clearly reflect the activities and
transactions of the fireworks stewardship organization conducted
pursuant to this chapter.
(b) The accounting books of a manufacturer or a fireworks
stewardship organization shall be audited at the manufacturer's or
the fireworks stewardship organization's expense by an independent
certified public accountant retained by the manufacturer or fireworks
stewardship organization at least once each calendar year.
(c) The fireworks stewardship organization or manufacturer shall
arrange for the audit to be delivered to the State Fire Marshal. The
State Fire Marshal shall review the audit to evaluate the fireworks
stewardship organization's or manufacturer's compliance with this
chapter and consistency with the plan created pursuant to this
chapter. The State Fire Marshal shall notify a manufacturer or
fireworks stewardship organization of any compliance issues or
inconsistencies. The State Fire Marshal shall not disclose any
confidential proprietary information in the audit.
(d) The State Fire Marshal may conduct its own audit if it
determines that an audit is necessary to enforce the requirements of
this chapter and that the audit conducted pursuant to subdivision (b)
is not adequate for this purpose.
12665. (a) The State Fire Marshal may impose an administrative
civil penalty on any manufacturer or stewardship organization that is
in violation of this chapter. The amount of the civil penalty shall
not exceed five hundred dollars ($500) per day, but if the violation
is intentional, knowing, or reckless, the State Fire Marshal may
impose a civil penalty of not more than five thousand dollars
($5,000) per day.
(b) The State Fire Marshal may impose an administrative civil
penalty on any retailer who is in violation of this chapter. The
amount of the civil penalty shall not exceed five hundred dollars
($500) per day, but if the violation is intentional, knowing, or
reckless, the State Fire Marshal may impose a civil penalty of not
more than five thousand dollars ($5,000) per day.
(c) If more than one stewardship organization submits a plan
pursuant to this chapter, the State Fire Marshal shall determine the
manufacturer's or retailer's compliance with this chapter in
accordance with the plan to which the manufacturer or retailer is
subject.
(d) The State Fire Marshal may impose the administrative civil
penalties pursuant to this section in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, except that subdivision (c) of Section 11505 of
the Government Code shall not apply to the department.
(e) The State Fire Marshal shall not impose a penalty upon a
fireworks stewardship organization pursuant to this section for a
failure to comply with this chapter as a result of submitting false
or misleading information if the stewardship organization
demonstrates that it received false or misleading information from a
manufacturer that was the direct cause of its failure to comply with
this chapter.
(f) The State Fire Marshal shall deposit all penalties collected
pursuant to this section into the State Fire Marshal Fireworks
Enforcement and Disposal Fund.
12666. Section 12700 shall not apply to violations of this
chapter.
SEC. 27. Section 12670 of the Health and Safety
Code is amended to read:
12670. It is unlawful for any person to advertise that he or she
is in any business or venture involving fireworks or pyrotechnic
devices or to cause his or her name or business name style to be
included in any classified advertisement or directory under a
classification that includes the word fireworks, unless he or she is
licensed pursuant to this part.
SEC. 28. Section 12673 of the Health and Safety
Code is amended to read:
12673. It is unlawful for any person to store any fireworks
without having in his or her possession a valid permit as required by
this part.
SEC. 29. Section 12686 of the Health and Safety
Code is amended to read:
12686. It is unlawful for any person to use any special effects
fireworks unless he or she possesses a pyrotechnic operator license.
SEC. 30. Section 12688 of the Health and Safety
Code is amended to read:
12688. It is unlawful for any person to advertise to sell or
transfer any class of fireworks, including agricultural and wildlife
fireworks or model rocket engines, unless he or she possesses a valid
license or permit.
SEC. 31. Section 12706 of the Health and Safety
Code is amended to read:
12706. Notwithstanding Section 1463 of the Penal Code, all fines
and forfeitures imposed by or collected in any court of this state,
except for administrative fines described in Section 12557, as a
result of citations issued by a public safety agency, for any
violation of subdivision (b) of Section 12700 or of any regulation
adopted pursuant to subdivision (b) of Section 12700, shall be
deposited, as soon as practicable after the receipt of the fine or
forfeiture, with the county treasurer of the county in which the
court is situated.
SEC. 32. Section 12722 of the Health and Safety
Code is amended to read:
12722. The following fireworks may be seized pursuant to Section
12721:
(a) Those fireworks which are sold, offered for sale, possessed,
stored, used, or transported within this state prior to having been
examined, classified, and registered by the State Fire Marshal,
except those specific items designated as samples pending
examination, classification, and registration by the State Fire
Marshal where the licensee provides documentary evidence that the
action by the State Fire Marshal is pending.
(b) All imported fireworks possessed without benefit of the
filing of notices as required by this part.
(c) Safe and sane fireworks stored in violation of the conditions
required by the permit as provided in this part.
(d) Safe and sane fireworks sold or offered for sale at retail
that do not bear the State Fire Marshal label of registration and
firing instructions.
(e) Safe and sane fireworks sold or offered for sale at retail
that are in unsealed packages or containers that do not bear the
State Fire Marshal label of registration and firing instructions.
(f) Safe and sane fireworks sold or offered for sale at retail
before 12 noon on the 28th day of June or after 12 noon on the sixth
day of July of each year.
(g) Each safe and sane fireworks item sold or offered for sale at
retail that does not have its fuse or other igniting device
protected by a cap approved by the State Fire Marshal, or groups of
fireworks with exposed fuses that are not enclosed in sealed packages
that bear the State Fire Marshal label of registration. The State
Fire Marshal shall approve those caps that he or she determines
provide reasonable protection from unintentional ignition of the
fireworks.
(h) Dangerous fireworks, including fireworks kits, used,
possessed, stored, manufactured, or transported by any person who
does not possess a valid permit authorizing any activity listed in
this part.
(i) Any fireworks stored or sold in any public garage or public
oil station, or on any premises where gasoline or any other class 1
flammable liquids are stored or dispensed.
(j) Any fireworks still possessed by a person who has just thrown
any ignited fireworks at any person or group of persons.
(k) Any model rocket engines or model rockets with engines
possessed by any person not holding a valid permit.
( l ) Any emergency signaling device sold,
offered for sale, or used that does not bear the State Fire Marshal
label of registration as required by this part.
(m) Any fireworks or pyrotechnic device offered for sale by any
person violating any provision of this part.
SEC. 33. Section 12723 of the Health and Safety
Code, as added by Section 10 of Chapter 24 of the Statutes of 2015,
is repealed.
SEC. 34. Section 12724 of the Health and Safety
Code is amended to read:
12724. (a) Any person whose fireworks are seized under the
provisions of this chapter may, within 10 days after seizure,
petition the entity seizing the fireworks to return the fireworks
seized upon the ground that the fireworks were illegally or
erroneously seized. Any petition filed pursuant to this section shall
be considered by the entity seizing the fireworks within 15 days
after filing or after a hearing granted to the petitioner, if
requested. The entity seizing the fireworks shall advise the
petitioner of his or her decision in writing. The determination of
the entity 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 entity 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. 35. Section 12725 of the Health and Safety
Code is amended to read:
12725. The State Fire Marshal, his or her salaried deputies, or
any chief or his or her authorized representatives as qualified in
this chapter may prevent, stop, or cause to be stopped, any public
display in progress, or any proposed public display, when the
location, discharge, or firing of such public display is determined
by him or her to be hazardous to property or dangerous to the public.
SEC. 36. Section 12726 of the Health and Safety
Code, as added by Section 12 of Chapter 24 of the Statutes of 2015,
is repealed.
SEC. 37. Section 12728 of the Health and Safety
Code is amended to read:
12728. (a) The State Fire Marshal Fireworks Enforcement and
Disposal Fund is hereby established in the State Treasury.
(b) All of the moneys deposited in the fund pursuant to Section
12663 shall be expended, upon appropriation by the Legislature, only
as provided in that section.
(c) All of the moneys collected pursuant to Section 12727 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for all of the following:
(1) To further assist in statewide programs for the enforcement,
prosecution related to, disposal, and management of seized dangerous
fireworks.
(2) The education of public safety agencies in the proper handling
and management of dangerous fireworks as well as safety issues
involving all fireworks and explosives.
(3) Assist the State Fire Marshal in identifying and evaluating
methods to capture more detailed data relating to fires, damages, and
injuries caused by both dangerous and safe and sane fireworks, and
to assist with funding the eventual development and implementation of
those methods.
(4) To further assist in public safety and education efforts
within the general public as well as public safety agencies on the
proper and responsible use of safe and sane fireworks.
