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, 2022, 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, 2023, 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.