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HomeMy WebLinkAbout07-19-2023_Open Session_General Comment_Hatch, HarryOPEN LETTER TO SAN BERNARDINO CITY COUNCIL AND MAYOR 7-18-2023 cc City Manager and City Clerk Referance Fireworks management in the City I have been told by the City Clerks Office that of the 35 Safe and Sane Sales permit that could be issued this year only 28 were issued. These permits were distrubeted to the non-proffits by County Fire when they issued the State permits that are also required. I was also told that County fire does not enforce the City Ordience, only the State Law under the Health and Safety Code. This means no one checked the compliance by those issued City Permits under the City Code. My ques�on is how much was spent by the City to enforce the City Ordnance that was never checked? The other ques�on is were any Viola�ons of the City Ordnance were issued by and City Agent in compliance to the requirement of the State Law? A Law is only good if it is enforced. If the law had not been changed would the 5000 pounds of product recovered prior to the 4th of July been found and taken off the street. The permit issued by the City needs to be checked at least once during the four day period of Sales in the City. County Fire will only enforce the State Law not the City Code. The State is working on a Bill AB1403 that seems to redistribute ALL fines collected for sales of “Safe and Sane” fireworks in the State through a State program. This may take our revenue made by a Local Permit and send it to a program overseen by the State Fire Marshal. This bill has been sponcered by “TNT” Fireworks Sales out of Sacremento, which is also the subject mater expert on sales for the Bill. Some how this dose not seem right to me . I have not been able toDget an answer from the Bill Sponsor or his Staff. Edurdo Garcia 36th District or the Staffer Ms.Fabiola Ruelas . I will provide a summery of the bill as an atachment to this leter. Harry H. Hatch Ward 7 AB 1403, as amended, Garcia. Public safety: fireworks: enforcement: funding.(1)Existing law provides that it is unlawful for any person to sell, or offer for sale, safe and sane fireworks, as defined, at any time outside of specified periods of time.This bill would provide that it is not unlawful for any person to sell, or offer for sale, novelties, except as provided. The bill would define novelties to mean those devices containing small amounts of chemical composition, which are designed to produce limited visual, motion, or audible effects, as provided. (2)(1) Existing law requires the State Fire Marshal, on or before July 1, 2008, to 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.This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, the State Fire Marshal to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks, as provided. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics.(3)(2) 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 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 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 January 1, 2024, would be authorized to supersede that provision.(4)Existing law requires the State Fire Marshal, at least once a year, and in consultation with the Attorney General, to serve notice to any individual or business known to supply fireworks that any unauthorized shipments of fireworks into California will result in an immediate report to federal authorities with a request for any relevant federal prosecution.This bill would instead require the Attorney General to perform the above requirement, in consultation with the State Fire Marshal. The bill would specify that the notice described above would be served on individuals or businesses outside the State of California suspected by the State Fire Marshal of supplying or facilitating the supply of unauthorized shipments of dangerous fireworks into California, as provided.(5)(3) Existing law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided.This bill would require the State Fire Marshal to, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, develop, publish, and provide necessary guidance and training agencies to local agencies that seize, collect, transport, store, and treat seized fireworks, as provided. The bill would require the State Fire Marshal and the Department of Toxic Substances Control to train local fire and law enforcement personnel on fireworks enforcement, as provided.(6)Existing law establishes the State Fire Marshal Fireworks Enforcement and Disposal Fund for the purposes of supporting statewide programs for the enforcement, prosecution related to, disposal, and management of seized dangerous fireworks, and for the education of public safety agencies in the proper handling and management of dangerous fireworks.This bill would establish the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund in the State Treasury and would require all moneys transferred to the fund to be used by the State Fire Marshal to assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.The bill would require the California Department of Tax and Fee Administration (CDTFA), in consultation with the Office of the State Fire Marshal, to estimate by March 31, 2025, the gross receipts for sales and use tax purposes from the sale of fireworks in the state for the 2024–25 fiscal year, as specified. The bill would require that an amount equal to 2.5% of the estimated amount, or $1,800,000, whichever is greater, be included in the Governor’s revised budget in May 2025 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, as specified. The bill would repeal these provisions on December 31, 2031.The bill would require, before September 1, 2024, and each September 1 thereafter, certain local agencies that issue a sales permit or license to sell fireworks to annually submit to the CDTFA the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. By imposing new reporting requirements on certain local agencies, the bill would impose a state-mandated local program. The bill would require the CDTFA to report the total gross receipts from the sale of fireworks for the prior fiscal year to the Department of Finance on or before November 1 of each year. The bill would require the CDTFA to report to the Department of Finance an amount equal to 2.5% of the total amount of gross receipts for the prior fiscal year, but not to exceed $1,800,000. The bill would require an amount equivalent to the reported amount to be included in the next annual Governor’s Budget for the State Fire Marshal for transfer to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, and to be continuously appropriated and available to be allocated for specified fireworks enforcement programs.By creating a new continuously appropriated fund, the bill would make an appropriation.(7)For purposes of the above provisions and other laws relating to fireworks, existing law defines “fireworks” and “safe and sane fireworks” as provided.This bill would revise the definitions of “fireworks” and “safe and sane fireworks,” as provided.(8)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 the statutory provisions noted above.