Fireworks: fireworks stewardship program.

Existing law requires various entities, including the State Fire Marshal, to seize certain prohibited fireworks. 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. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesaler's license. Existing law provides that a wholesaler's license allows the sale and transportation of all types of fireworks, as provided. This bill would, commencing January 1, 2019, prohibit the State Fire Marshal from issuing or renewing wholesaler's licenses for the sale of safe and sane fireworks unless the applicant is a member of the fireworks stewardship organization, as defined. The bill would, until January 1, 2024, 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 authorize the State Fire Marshal to transfer any commercially viable fireworks to the fireworks stewardship organization after the fireworks stewardship organization submits a fireworks stewardship plan to the State Fire Marshal, as provided. The bill would require a charge to be collected at the point of retail sale of safe and sane fireworks, to be remitted to the fireworks stewardship organization. The bill would require the fireworks stewardship organization to determine the rules and procedures that would be necessary and proper to implement the collection of the charge in a fair, efficient, and lawful manner. The bill would require, on or before November 1, 2019, and on or before November 1 annually thereafter, the fireworks stewardship organization to reimburse the Department of Forestry and Fire Protection for the costs necessary to implement this program and would require the charge described above to be sufficient to fund this reimbursement. The bill would prescribe procedures for the conduct of audits and would impose recordkeeping and reporting requirements on the fireworks stewardship organization. The bill would authorize the State Fire Marshal to impose administrative civil penalties on the fireworks stewardship organization for violations of program requirements, and would require that all revenues collected from those administrative civil penalties be deposited in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as provided. The bill would require the State Fire Marshal to convene a task force to investigate the issue of illegal fireworks sales in the state and would require, on or before January 1, 2021, the task force to present a report with recommendations to specified committees of the Legislature on reducing the volume of illegal fireworks being sold in the state. The bill would require the department to establish a local grant program for illegal fireworks enforcement and interdiction operations, as provided. 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. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.