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Senate Governmental Organization Committee California State Senate
Follow its sittingsSpeaker 4
Of with that, I know we have an author here, but we have an item, item two on the docket as Mister chair,
Speaker 3
Because this is my last meeting as well. And I just wanna echo, what you said about staff. And, I really appreciate the camaraderie between the republican staff and the democratic staff on this committee and the members that really come at the issues here in this committee, from a non partisan I won't say bipartisan, non partisan view and lens. And I think that in the last I think I've been on the committee six years plus in the assembly and the issues have always been with that lens and I think this committee has worked well together and I just wanna echo and I will I will be missing the committee as well and I will be missing serving with you on this committee.
Speaker 4
Likewise. Thank you senator. Thank you for your kind words. Agree completely. Senator Archuleta.
Speaker 5
I cannot let him have cannot let the senator Brian Jones have all the glory here because I wanna add to that. I remember when you came on board as a senator, a freshman, and asking which hallway to take and which building to walk into and the set and the other and and now you've led us in this important committee and you've done a great job and it's been an honor to have your leadership, and I really appreciate the work you put into it.
Speaker 4
an honor to serve with each and every one of you. It's an amazing opportunity and honor. So thank you all for your kind words. Item number two on the docket is SB795 by Richardson. This is on consent.
I'll entertain.
Speaker 1
B795. Richardson? Padilla? Aye. Padilla?
Aye. Padilla? Padilla? Padilla? Aye.
Archeletta? Aye. Archeleta? Aye. Ashby?
Lakespeare? Cervantes? Dally? Aye. Dally?
Hurtado? Jones? Aye. Jones? Ochoa Vogue?
Speaker 1
Ochoa Vogue? Aye. Richardson. I. Richardson.
Rubio. Smallwood Cuevas. I. Smallwood Cuevas. I.
Wahhab. I. Wahhab. I. Weber Pearson.
I. Weber Pearson. We'll hold that open for a time.
Speaker 4
Place that on call. Alright. Senator Cavaldin is in the house. He's the star of the show today with respect to docket items one and three, s b 719 and s B828. Welcome, senator.
Please proceed when ready at whichever bill you'd like to present first.
Speaker 2
How about 07/19? So good morning, mister chair, members, and birthday observers. Happy birthday. I'm here to present SB seven nineteen, which simply recommits the legislature to oversight of artificial intelligence systems when they're used for automated decision systems. Current law requires a window of reporting by the State Department of Technology of the use of automated decision system high risk automated decision systems within state government.
The first report was due in '20 at the 2024. That report was complete, and it showed no use of it at all. But we know the rapid advancement in those systems are going to require long term monitoring. So, the point of the window through 2029 for these reports was for us to learn. How is it working, what are we doing, and since the first report or two are going to be no systems are being used at all, which we will certainly interrogate as well, but we haven't learned anything from that report yet, and so the bill simply extends the report window from 2029 to, for a couple of years.
And so that's that is, it on 07/2019, we have no witnesses on this bill, but with respectfully, I'll turn I vote.
Speaker 4
Alright. Thank you. Any primary witnesses in opposition to the bill? Any individuals wanna come forward and register support, or opposition to this bill? Seeing none, we will come back to the committee for questions or Move the bill.
Comments. The bill has been moved.
Speaker 4
Oh, forgive me. My head feels like a bowling ball and I have enough coffee. Senator, do you want to close?
Speaker 1
Motion is due passed to judiciary Padilla. Aye. Padilla, aye. Valadares? Aye.
Valadares, aye. Archeleta? Aye. Archeleta, Ashby, Lakespeare, Cervantes, Dali? Aye.
Dally, aye. Hurtado? Jones? Aye. Jones, aye.
Ochoa Bogue? Richardson? Aye. Richardson, aye. Rubio?
Aye. Rubio, aye. Smallwood Cuevas? Aye. Smallwood Cuevas, aye.
Wahab? Aye. Wohab, aye. Weber Pearson? Aye.
Weber Pearson, aye.
Speaker 2
Thank you, mister chair. Last July, seven people in my district in the town of Asparto died in a massive fireworks explosion and and conflagration that rocked my entire district, but all of California, and it was it was hurt around the country. And families in my district continued to grieve and to seek answers for how such a thing could happen. Esparto wasn't isolated. In May 2023, authorities received over 100,000 pounds of illegal fireworks in commerce.
And across the state, illegal fireworks are being imported and stored at unprecedented levels. And the problems here are many. This explosion revealed so many gaps, loopholes, failures to enforce conflicts of interest, many of which are still being investigated. But one critical issue became clear immediately, and that is that our systems don't talk to each other. The State Fire Marshal licenses fireworks businesses and local governments issue storage permits.
But we don't validate and verify the data between them. And so in this particular case, the fireworks storage that was beyond the level of explosion and hazard at this fireworks facility was far beyond what anyone would have expected, but they had no permit to operate that facility at the local level. And yet, they told the state, yes, we have a permit and there's we have no system in place currently for those systems to talk to one another and say, hey, Yolo County, is there actually a permit for this to be happening? And if we issue a license for Yolo County, do they actually have a license? And so one of the central features of this bill is to close that gap so that local fire departments know where fireworks are being stored in their communities and can characterize what's being stored and the level of risk.
Currently, they rely on voluntary reporting. And when these companies don't report, they have no information to catch until tragedy strikes. So, this bill closes that loophole. It requires anyone applying for a state fireworks license to disclose all of their storage facility addresses and demonstrate and prove that they have local permits to do so. Then the state fire marshal follows up by notifying the local agencies, and if the applicants can't provide proof, then the state can deny or revoke their license.
So, bill helps to ensure that state and local agencies work together, not in silos, and that they share the critical but simple information that they need to both do their part of the equation and the job to protect the public. Emergency responders can plan accordingly, knowing what's in the facility, and unauthorized facilities can be identified before tragedy strikes. When dangerous materials are stored in our communities, everyone responsible for public safety should know about it. That's not bureaucratic. It's basic protection for lives.
And in this case, if our systems failed, the people of my community and my district, and many young people that were working in this facility from throughout Northern California. With me today is Stephen O'Bert, the Deputy Fire Marshal for Contra Costa County Fire Protection District in my district, to speak in support.
Speaker 4
Welcome, sir. State your name again for the record. You'll have three minutes.
Speaker 9
chair. Steve O'Bear, deputy fire marshal, Contra Costa County Fire Protection District. Good morning, chair and members of the committee. On behalf of the California Fire Chiefs Association, the Fire Districts Association of California, and the California Fire Marshals, we respectfully urge your support for SBA two eight. As the senator stated, the bill closes critical gaps in fireworks licensing and storage laws that eliminated our ability of local fire marshals to effectively oversee high hazard fireworks facilities.
We have seen real world examples where fireworks and explosives were stored without the local permits, without inspections, and in some cases, without fire departments even knowing the hazard existed until an emergency occurred. These gaps place firefighters, first responders, and surrounding communities at serious risk. SBA two a reinforces the essential role of local fire and building officials by requiring verification of land use and permitting approvals as a condition of state licensure. The local permitting process allows fire and building officials to review proposed structures, construction features, and fire protection systems, before any explosives are stored. This proactive review is critical to ensuring compliance with fire and life safety codes and to preventing unsafe conditions that could otherwise result in catastrophic incidents.
This bill also improves notification and coordination related to the fireworks shipments and storage locations, giving fire prevention bureaus the information needed to conduct inspections and assess the risk. Just as importantly, it provides fire departments the advanced knowledge necessary to preplan emergency response to these high hazard facilities so firefighters are not responding blindly to explosive hazards. SBA two eight is a preventative focused common sense measure that strengthens oversight, supports firefighter operations, and enhances public safety. For these reasons, California Fire Chiefs Association, Fire Districts Association of California, and the Fire Marshals section request, respectfully request an aye vote. Thank you.
Speaker 4
Thank you, sir. Any primary witnesses in opposition to the bill? Any individuals or organizations who want to register support or opposition to the bill? These are me, twos. Please come forward, state your name and affiliation and your position on the bill.
Speaker 10
Chairman Bedia, senators, good morning. My name is James Edie, speaking on my own behalf as a state licensed pyrotechnic operator. I have submitted written comments regarding an implementation concern. I support Senate Bill eight twenty eight.
Speaker 8
Rivel from Rivel Communications on behalf of our client TNT Fireworks in support of the bill.
Speaker 4
Thank you very much. We'll bring it back to the committee for questions. Senator Smallwood Chuyves and Senator Archuleta.
Speaker 11
Thank you so much to the author for bringing this, important bill forward. We had an incident in my district last year where, fireworks sort of stashed in a neighborhood sent the whole block, 84th Street, up in flames, killed a 17 year old. What was clear from that incident, there were there was some question about the training of how first responders, particularly the police department, responds. Because in that incident, the police responded, and they attempted to remove the huge stash of polytechnics, and the whole thing just went up. Can you share a little bit about, you know, is training a part of this, and who would have access to that training?
I think reports of fireworks, police might respond, not necessarily fire. And so what are the steps that they take and how do you ensure that all of the precautions are met? So I'm curious about training components of this.
Speaker 2
Thank you very much, Senator, for the question. The bill currently does not deal with the training issue. This incident and the one that you described and several others have pointed to a variety of gaps in this entire system. And, you know, this particular incident in Sparta, which is a very small town in my district, I mean, the fire protection district, there's only one facility that it deals with. It's not it doesn't have the capacity, doesn't have the staffing, does not have the training, and it doesn't have just the raw number of regulatory, like, to be able to deal with this effectively.
And at the same time, there's no connection. So there was a raid in commerce on the same company, essentially, devastating fireworks, right before the explosion in Asparto. And we didn't we don't we have not had the systems in place to assure, okay, you have this this illegal stash of fireworks in commerce that appears headed elsewhere as far as on the address. Could we have could we have avoided that with other protections? And so the point I'm making is that we introduced this version of the bill because this was a clear, solvable issue right away.
But there are so many loopholes and gaps and systemic problems in the way that we're both dividing enforcement up, assigning it, training for it, and then doing it. And there are there's an ongoing investigation and set of recommendations coming from the State Fire Marshal and others that we hope to follow-up with as well, and would love to partner with you and others, other members, as we try to fix some of the rest of this system. Because some of it does turn out to be potentially criminal behavior, in the case of our facility, it sounds like maybe yours as well. And that we have to tackle, but there are also systemic gaps in the way that we are grappling with enforcement, and that includes the training of all the potential first responders, including firefighters.
Speaker 5
Thank you, mister chair. I think, senator, you've opened up a door here for a multitude of bills attached to this down the road. Number one, obviously, we're talking about proprietors, business owners who need to store, I'm assuming, the material and and a location. And then, of course, you'd like to find out that they are permitted legally and it is legal fireworks. Right?
That's what we're talking about. Because the bad guy is not gonna call you up and ask for a permit. So, we gotta get, I think we gotta get these storage facilities involved as well that when they're aware that there's fireworks and that type of material stored in their location, they've gotta notify the fire marshal, the police department, someone. They have to be a recipient,
Speaker 5
have to have the knowledge. Senator, had just pointed out that in Los Angeles, it was a terrible tragedy that was in a garage, illegal fireworks. How is anyone supposed to know? But the point is, here we find the ability to get people in that industry, these storage facilities that can participate. I know this bill doesn't do that, but I wanna thank you for bringing it forward cause it's gonna answer a lot of questions down the road, whether it be training, whether it be storage, legality, and everything else.
So, I think this is a great idea to get that door open and and hopefully everyone. Now, let me ask the question maybe to the proprietor. When this material does come in, where do you store it or do you keep it in your own personal warehouses in in out out of state?
Speaker 4
If you're willing, please come forward, state your name again, and answer the senator's question. Thank you for your patience.
Speaker 8
Dennis Thank you, Senator Dennis Rivell, on behalf of TNT Fireworks. All of the licensed consumer fireworks wholesalers and importerexporters in California that engage in the wholesale distribution of state approved fireworks all have licensed facilities, storage facilities that are registered with their local jurisdictions and are inspected on a regular basis.
Speaker 5
And, these are these facilities, they wouldn't be in the neighborhoods that we see these storage places, in all our cities. They they don't you don't put them in there. You have a central warehouse somewhere?
Speaker 8
Local. In California, you're going to find the major distributors will have as much as three or four licensed facilities that have been licensed and inspected on a regular basis by a local jurisdiction.
Speaker 7
Thank you, mister chair. Senator, thank you for bringing this bill. I think it's been said already. It's it's important because it does put a lens on this issue. I think we've you know, going back to the days of my counsel days, it's always been an issue, illegal fireworks.
And we don't know everything that's out there. But I think the one step further that I would offer is, you know, at some point, and I think mister Archuleta stated it as well, you know, some kind of study to not only see how the implementation of of this bill would work, but also see what else we can do. Because I always think of, I wanted to speak because I know there was a family that lost three family members all at once. The young lady is pregnant. It was just really one of those tragedies that I know there were seven lives lost, but that particular family just really pain me in the sense that they lost three family members.
But a a follow-up in terms of what else can we do to ensure not only that that's in place, but moving forward, anything else that we can study, I I think, for a long time, we've had all of us fireworks in our communities. And until a tragedy like this occurs, then we realize we we have, missed the mark. And it's, I think, incumbent upon us to make sure not only that it works, but that we explore anything else that we can do to ensure this doesn't happen to any other family. But I wanna thank you for that, and I also like to be added as a coauthor. Thank you.
Speaker 6
Thank you. So I I specifically remember this, and this is not obviously in my district, it's close by, as we're neighbors. But, one of the concerns was the fact that there were several people that died, how this particular warehouse was operating and the functioning of it. There were a lot of concerns raised, by the public in regards to not only the local officials. There was calls and cries out to, from the public to investigate, to have an independent oversight to investigate some of what was going on, to highlight, you know, how was this possible, who was involved, the sheriffs, the fire marshal, and much more.
And the importance of this is primarily because it was almost six months after the LA fires. And so we were seeing it across this state when we're talking about some of the fires. And and I think that this is a step in the right direction, in particular, just because it is having some type of streamlined, a little bit more of an effort, a little bit more of an oversight. And I do hope that, especially with local, jurisdictions, that they take some of the just the warehousing, the storage of some of the fireworks more seriously, in particular. I think the fire, department and fire officials, know that this can have such a huge cost on human life and property damage.
And so I'm I'm just really happy that you at least introduced a bill that kind of ties the important aspects of what we learned from that particular fire, the mere fact that seven people died. And the fire did spread until fire, officials actually, subdued it, if you will. So, you know, I think that there's a little bit of a process of, you know, I I would like to see, you know, a little bit more penalties in regards to the folks that store such, potentially dangerous equipment, and just a little bit more safety regulations, if you will. So I really appreciate you bringing this forward. I actually do appreciate, you know, your commentary as well.
And I think that this is just very much needed just as a safeguard in some of the measures in this space. So I'll be moving the bill.
Speaker 2
Yeah. Thank you so much, mister chair and members of the committee, and and very much very much appreciate and share the the desire to to to fix more of the of this problem. And I I am committed to do that to the maximum extent I can in this legislation or in new legislation or working with you on other bills as well because there's a lot of work to be done in this space. In addition to criminal prosecutions that have to happen, as Senator Wahhab noted. And this is partly a consequence of just small communities where the fire marshal might also be a deputy sheriff and also own a company and also be a realtor.
And all of that happened in this situation. And so there were conflicts of interest, and I'm putting it as charitably as I can, failures of oversight here. And and that's a very different department than the entire Contra Costa County Fire Department, right? Which we I know we can have very high confidence in the Contra Costa Fire Department. But can we in the Esparto Fire District?
And what would it take? So this bill tries to grapple with some of those issues by making sure that the fines, for example, that are imposed when there is a violation go back to the jurisdiction to be able to upgrade its enforcement, improve its training, and what have you, and not go into, you know, into some amorphous statewide fund, for example. That the notifications go to all the affected public safety agencies, including police and sheriff in addition. So we're trying to take these pieces up, but want to very much also acknowledge the Sacramento Bee, who has been doing extremely deep reporting and has revealed many of these systemic underlying problems that we're facing. So I want to give you my commitment and also my gratitude for what I'm sensing is, like, that you're saying, you know, please feel you know, go further.
And we are intending to do that. We're anxiously awaiting the report from the State Farm Marshall, but look forward to continuing to work with this committee to make sure that we're tackling as much of this problem as possible, because this should not this should not have happened, and the cascade of government failures to protect people was extremely evident here. And, yes, it's seven people, but in a town of like Osparto, that is a large part of the community and the jobs and it's your local teacher and your local soccer coach. Ripped apart, ripped asunder those families in the community who just want to know that it was that it will not happen again and that we are doing everything that we can to prevent it. So, with that, I appreciate, the committee's, questions and comments, and I would ask for respectfully ask for an I vote.
Speaker 1
Item three, SB eight two eight. Motion is due passed to local government committee. Haviyah. Aye. Haviyah, aye.
Valadares? Aye. Valadares, aye. Archuleta, aye. Archuleta, aye.
Ashby, Aye. Ashby, aye. Blakespeare?
Speaker 1
Blakespeare aye. Cervantes? Dally? Aye. Dally, aye.
Hurtado, aye. Jones, aye. Ochoa Vogue? Aye. Richardson, aye.
Richardson, Aye. Rubio, aye. Smallwood Cuevas? Aye. Smaller Cuevas?
Wahhab? Aye. Wahhab? Aye. Weber Pearson?
Aye. Weber Weber Pearson? Aye.
Speaker 4
ETA senator Cervantes, but we can go ahead and lift and go back to the top of the docket if if that's appreciated by senator Blakespeare. So let's lift, and start with the consent calendar.
Speaker 1
Ashby, Ashby I. Blakespeare? I. Blakespeare I. Cervantes?
Hurtado? Ochoa Bogue? We're giving one nine. This is I'll have item number one. I.
Ochoa Bogue?
Speaker 7
I? Yes, Senator. Real quickly. Know I heard you earlier speak, and I want to take a moment to thank you for all the work. I've been sitting on jail for seven years, and I think it's important to recognize the the heavy lift of carrying a committee this this big and and meaningful.
So I wanna just say thank you on behalf of everyone else. You've done a tremendous job and I look forward to the continued work with you. Thank you.
Speaker 4
Thank you, senator. Likewise. We're we're flipping roles And you can count on my support as you take the gavel. So thank you for your kind words. The committee will stand in recess pending the arrival of absent members who want to record votes.
Committee on governmental organization reconvene for purposes of lifting the call. First item on the docket will be the consent calendar, item number two, SB795. Richardson, let's open.
Speaker 4
Thank you. That bill is out. Thanks, everyone, for your patience. We stand adjourned.
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