Hazardous waste: Emergency Distress Flare Safe Disposal Act.

Senator Blakespear's Emergency Distress Flare Safe Disposal Act establishes a comprehensive manufacturer responsibility program for the collection and disposal of pyrotechnic marine flares in California. The legislation requires manufacturers to develop and implement plans for safely managing these hazardous materials through an organized collection and disposal system.

Under the new requirements, manufacturers must submit detailed responsibility plans to the Department of Toxic Substances Control (DTSC) by January 2028. These plans must outline collection site networks, transportation protocols, and disposal procedures for marine flares. Manufacturers can fulfill these obligations individually or through a designated manufacturer responsibility organization. The bill also prohibits the sale or distribution of marine flares containing perchlorate within California.

The legislation creates the Marine Flare Recovery Fund to finance program oversight, with manufacturers required to cover DTSC's actual regulatory costs. Manufacturers must provide annual reports beginning March 2028 detailing collection volumes, disposal methods, and program performance metrics. While DTSC can impose penalties for non-compliance, enforcement actions are delayed until July 2029 to allow time for program implementation. The department must adopt implementing regulations by January 2027 to establish specific performance standards and operational requirements.

Local jurisdictions retain authority to charge disposal fees for flares not covered under approved manufacturer plans. The bill includes provisions protecting certain proprietary business information from public disclosure while maintaining transparency through online publication of approved plans and compliance status.