Fireworks.

Existing law authorizes the retail sale of safe and sane fireworks from June 28 to July 6, annually, pursuant to a license issued by the State Fire Marshal, unless otherwise prohibited or regulated by law or ordinance. This bill would express the Legislature's intent, for purposes of determining whether the Legislature should continue to allow safe and sane fireworks for the period immediately before each New Year's Eve, to conduct an enhanced fireworks data collection study in a limited number of jurisdictions. The bill would further declare the Legislature's intent that the cost of the Fireworks Special Data Collection Program be totally funded by voluntary contributions, as specified. The bill would require the State Fire Marshal, on or before December 1 in 2013 and 2014, in consultation with the State Fire Marshal's General Fireworks Advisory Committee, to determine an appropriate sum that does not exceed the amount reasonably necessary for Fireworks Special Data Collection Program activities for targeted jurisdictions and the state for the following year. The bill would require the funding for these activities, from voluntary contributions from the fireworks industry or from federal or private grants, to be collected by the State Fire Marshal for deposit in the Fireworks Special Data Collection Fund, which the bill would create as a continuously appropriated special fund in the State Treasury. Moneys in the fund would be available for actual reasonable costs incurred by the State Fire Marshal and local, participating jurisdictions to develop, implement, analyze, and report the results of the Fireworks Special Data Collection Program and for administrative expenses. By creating a new continuously appropriated special fund, the bill would make an appropriation. This bill would further authorize, in 2014 and 2015, the sale of certified safe and sane fireworks from 9 a.m. on December 26 to 11:59 p.m. on January 1 of the following year pursuant to a license issued by the State Fire Marshal, if authorized by a charter city, city, county, fire protection district, or city and county ordinance or resolution that may also restrict the hours of use of those fireworks. Since a violation of this provision or other existing related provisions in connection with the sale of those fireworks would be a misdemeanor, the bill would impose a state-mandated local program by creating new crimes. The bill would also authorize a charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution authorizing the sale of safe and sane fireworks to require each applicant receiving a permit to pay a fee to the charter city, city, county, fire protection district, or city and county of a pro rata portion of the actual and reasonable costs incurred, on or before January 2, 2016, by the charter city, city, county, fire protection district, or city and county for, among other things, processing and issuing fireworks permits, inspection of fireworks stands, public awareness and education campaigns regarding the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts, as specified. The bill would specify that the pro rata portion of those costs shall be based on a percentage of the permittee's sales and use tax return for the applicable permit period, not to exceed 7% of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county, except that a cost recovery ordinance or resolution in effect on or before June 30, 2012, would be authorized to supersede that provision. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.