Amended  IN  Senate  September 11, 2025
Amended  IN  Senate  March 26, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 828

Introduced by Senator Cabaldon
(Principal coauthor: Assembly Member Aguiar-Curry)

February 21, 2025

An act to amend Sections 52200.6, 52201, and 54226 of the Government Code, relating to land use. 12590 and 12607 of, and to add Sections 12619.1 and 12640.1 to, the Health and Safety Code, relating to fireworks.


LEGISLATIVE COUNSEL'S DIGEST


SB 828, as amended, Cabaldon. Land use: economic development: surplus land. Fireworks licenses and permits: criminal convictions: local jurisdictions.
The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property. Existing law requires these regulations to include, among other things, provisions for the granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks. Existing law authorizes the State Fire Marshal to deny or revoke a fireworks license for specified reasons. A violation of the State Fireworks Law or the regulations issued pursuant thereto is a misdemeanor.
Existing law requires fireworks licensees seeking authorization for specified activities related to fireworks to submit a written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to another issuing authority that may be designated by the governing body of the city or county, or, in the event there is no officer or person appointed within the area, to the State Fire Marshal or the State Fire Marshal’s deputy, as provided.
This bill would require a fireworks licensee to provide to the State Fire Marshal documentation affirming the possession of a permit applicable to fireworks activity and necessary local land use permits or other entitlements, as required by the public agency having local jurisdiction, and information about the storage sites for the fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would authorize the State Fire Marshal to revoke the fireworks license of a licensee who fails to provide this documentation or information and to deny a license to a license applicant who fails to provide this documentation or information, as provided. The bill would also require the State Fire Marshal to both allow the applicable public agency an opportunity to validate the permit or entitlement assertions of the licensee and to furnish a copy of any applicable license to the public agency, as provided.
Existing law authorizes the State Fire Marshal to deny the application for a license or the application for renewal of a license filed by a person who has been convicted of a felony involving explosives or dangerous fireworks or who has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offenses, as provided.
This bill would additionally authorize the State Fire Marshal to deny the application for a license or the application for renewal of a license to a person under indictment for, or who has been convicted in any court of, a crime that is both (A) punishable by imprisonment for a term exceeding one year, and (B) a violent crime or an offense the commission of which creates a threat to public safety.
Existing law requires an import or export fireworks licensee to file a notice with the State Fire Marshal before the arrival of any class of fireworks subject to the license held by the licensee.
This bill would require an import or export fireworks licensee to additionally provide the above-described notice to the local jurisdiction listed as the destination for the fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program.
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.

Existing law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law provides that this authorization is an alternative to any other authority granted by law to cities to dispose of city-owned property.

This bill would revise those provisions to authorize a city, county, or city and county to, in addition to a sale or lease of property, otherwise transfer property under the above-described provisions to create an economic opportunity and would make related, conforming changes to these procedures. The bill would require the city, county, or city and county, to submit a report containing specified information to the Controller within 90 days after adopting the resolution approving the acquisition, sale, lease, or transfer of the property. The bill would also specify that these provisions are an alternative to any other authority or procedures for a city, county, or city and county to acquire, sell, lease, or otherwise transfer real property owned by a city, county, or city and county.

On and after January 1, 2014, existing law generally requires a local agency, before approving an economic development subsidy within its jurisdiction, to provide specified information in written form to the public and through its internet website, and to hold public hearings and report on those subsidies at specified intervals. Existing law requires that the creation of an economic opportunity, as described above, comply with these public notice, hearing, and reporting requirements.

This bill would provide that the creation of an economic opportunity under these provisions is subject only to the above-described requirements regarding approval of an economic development subsidy.

Existing law prescribes requirements for the disposal of surplus land by a local agency, including requiring that the local agency send a written notice of availability of the property to specified entities before disposing of that property or participating in negotiations to dispose of that property with a prospective transferee and, upon receipt of a notice of interest from an entity desiring to purchase or lease the surplus land, enter into good faith negotiations with that entity to determine a mutually satisfactory sales price and terms or lease terms, as provided. Existing law exempts from these procedures various types of surplus land, referred to as exempt surplus land.

This bill would additionally exempt from these requirements the disposal of surplus land by a local agency properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described provisions authorizing the transfer of land in furtherance of the creation of an economic opportunity.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12590 of the Health and Safety Code is amended to read:

12590.
 The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred:
(a)  The licensee has failed to pay the annual renewal license fee provided in this chapter.
(b)  The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.
(c)  The licensee or license applicant has created or caused a fire nuisance.
(d)  The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.
(e)  Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.
(f)  The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.
(g)  Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.
(h) (1) The licensee has failed to provide to the State Fire Marshal the documentation or information required pursuant to Section 12640.1.
(2) The license applicant has failed to provide to the State Fire Marshal the documentation or information described in Section 12640.1, excluding documentation related to permits that may only be acquired by those who already possess a license.

SEC. 2.

 Section 12607 of the Health and Safety Code is amended to read:

12607.
 The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by any a person who has meets any of the following conditions:
(a) The person has been convicted of a felony involving explosives or dangerous fireworks or who has fireworks.
(b) The person has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offense contained in Chapter 1 (commencing with Section 447a) (commencing with Section 450) of Title 13 of Part 1 of the Penal Code.
(c) The person is under indictment for, or has been convicted in any court of, a crime that meets both of the following conditions:
(1) The crime is punishable by imprisonment for a term exceeding one year.
(2) The crime is a violent offense or an offense the commission of which creates a threat to public safety.

SEC. 3.

 Section 12619.1 is added to the Health and Safety Code, to read:

12619.1.
 An import or export licensee shall provide the notice described in Section 12619 to the local jurisdiction listed as the destination for the fireworks.

SEC. 4.

 Section 12640.1 is added to the Health and Safety Code, to read:

12640.1.
 (a) The licensee shall provide to the State Fire Marshal the following, if applicable:
(1) Documentation affirming the possession of a permit applicable to fireworks activity required by the public agency having local jurisdiction pursuant to this chapter.
(2) Documentation affirming possession of necessary local land use permits or other entitlements required by the public agency having local jurisdiction pursuant to this chapter.
(3) Information about the storage sites for the fireworks.
(b) The State Fire Marshal shall allow the applicable public agency an opportunity to validate the permit or entitlement assertions of the licensee as described in paragraphs (1) and (2) of subdivision (a), and shall furnish to the public agency a copy of any license issued to the licensee pursuant to Chapter 5 (commencing with Section 12570).

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 52200.6 of the Government Code is amended to read:
52200.6.

(a)(1)This part shall not be interpreted to authorize the use of eminent domain for economic development purposes.

(2)For the purposes of this part, a city, county, or city and county shall not sell, lease, or otherwise transfer, at a price that is less than the fair market value, any real property that was acquired through eminent domain. This prohibition shall not apply to either of the following:

(A)Any real property governed by a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code.

(B)Any housing asset transferred to a city, county, or city and county pursuant to paragraph (1) of subdivision (a) of Section 34176 of the Health and Safety Code or subdivision (c) of Section 34181 of the Health and Safety Code, provided that the successor agency or the designated local authority in the affected jurisdiction has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code.

(b)The creation of an economic opportunity pursuant to this part shall be subject only to the provisions of Section 53083.

(c)The provisions of this part shall be an alternative to any authority of a city, county, or city and county to create an economic opportunity or to acquire, sell, or lease property for economic development, found in the Constitution, state law, local ordinance, or charter. This part does not limit, or in any way affect, the application of any other such laws.

SEC. 2.Section 52201 of the Government Code is amended to read:
52201.

(a)(1)A city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity. A city, county, or city and county may sell, lease, or otherwise transfer property to create an economic opportunity. The acquisition, sale, lease, or transfer shall first be approved by the legislative body by resolution after a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066, prior to the hearing.

(2)The city, county, or city and county shall make available, for public inspection and copying at a cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following:

(A)A copy of the proposed acquisition, sale, lease, or transfer.

(B)A summary that describes and specifies all of the following:

(i)The cost of the agreement to the city, county, or city and county, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the city, county, or city and county, plus the expected interest on any loans or bonds to finance the agreements.

(ii)For the sale, lease, or transfer of property, the estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the general plan or zoning.

(iii)For the sale, lease, or transfer of property, the estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale, lease, or transfer. The purchase price or present value of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use, then the city, county, or city and county shall provide as part of the summary an explanation of the reasons for the difference.

(iv)An explanation of why the acquisition, sale, lease, or transfer of the property will assist in the creation of economic opportunity, with reference to all supporting facts and materials relied upon in making this explanation.

(b)The resolution approving the acquisition, sale, lease, or transfer shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the acquisition, sale, lease, or transfer of the property will assist in the creation of economic opportunity. For the sale, lease, or transfer of property, the resolution shall also contain one of the following findings:

(1)The consideration is not less than the fair market value at its highest and best use.

(2)The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale, lease, or transfer.

(c)Within 90 days after adopting the resolution approving the acquisition, sale, lease, or transfer of the property, the city, county, or city and county shall submit a report to the Controller. This report shall contain the property’s address, assessor’s parcel number, and a description of the transaction and the planned future use of the property, including the developments that will assist in the creation of economic opportunity, housing, or affordable housing.

(d)The provisions of this section are an alternative to any other procedures required by law or authority granted by law to a city, county, or city and county, to sell, lease, or otherwise transfer property owned by a city, county, or city and county.

SEC. 3.Section 54226 of the Government Code is amended to read:
54226.

(a)This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than fair market value, and any sale or lease at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency’s purpose.

(b)This article shall not prevent a local agency from obtaining fair market value for the disposition of surplus land consistent with this section.

(c)This article shall not be interpreted to limit a local agency’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land.

(d)This article shall not be interpreted to require a local agency to dispose of land that is determined to be surplus.

(e)This article shall not apply to properties that a local agency proposes to sell, lease, or otherwise transfer pursuant to Part 4 (commencing with Section 52200) of Division 1.

(f)This article shall not apply when it conflicts with any other provision of statutory law.