SACRAMENTO — In a move aimed at addressing both environmental and public safety concerns, Sen. Catherine Blakespear (D-Encinitas) has introduced Senate Bill 561, also known as the Emergency Distress Flare Safe Disposal Act. The bill would require manufacturers of marine flares to establish a collection and disposal program for expired flares, which are both toxic and explosive if improperly handled.
The proposed legislation comes in response to a long-standing gap in California’s waste management system, which currently lacks permitted facilities to process and safely dispose of marine flares. With an estimated 174,000 flares expiring each year in the state, boaters are left with few legal disposal options, often leading to improper stockpiling, illegal dumping in the ocean, or hazardous disposal in public spaces.
The Need for Proper Disposal of Expired Marine Flares
Marine flares are a critical safety tool for boaters, meeting U.S. Coast Guard requirements as approved visual distress signals in coastal waters. These pyrotechnic devices are particularly valuable in daylight hours when they are more visible than electronic alternatives. However, they come with a major drawback — a fixed expiration date of 42 months after manufacture, after which they are considered unreliable and must be replaced.
Without a designated disposal system, boaters frequently resort to makeshift solutions. Some hoard expired flares, creating a fire hazard, while others dispose of them in the trash, posing a risk to sanitation workers. Local governments have reported cases of expired flares being abandoned in front of fire and police stations, increasing the likelihood of accidental explosions. Additionally, some boaters illegally discard flares into the ocean, contributing to marine pollution and water contamination.
Sen. Blakespear emphasized the urgency of addressing this issue, stating that expired marine flares pose significant dangers to both people and the environment. The goal of SB 561 is to shift responsibility onto manufacturers to create and fund a statewide collection and disposal program, ensuring that expired flares do not end up as hazardous waste in communities and waterways.
How SB 561 Would Work
Under the bill, marine flare manufacturers would be required to implement an Extended Producer Responsibility (EPR) program, a model already used in California for managing products like paint, batteries, and pharmaceuticals. The key provisions of SB 561 include:
- A Free and Accessible Collection Program: Manufacturers would need to establish temporary collection sites in coastal counties, allowing boaters to drop off expired flares at no cost.
- Safe Transportation and Disposal: The program would be required to ensure the proper handling, storage, and destruction of collected flares in compliance with state and federal safety standards.
- Education and Public Awareness: Manufacturers would need to fund an outreach campaign to inform boaters about safe disposal options, including clear signage at retail points of sale and marinas.
The bill is co-sponsored by the National Stewardship Action Council (NSAC) and Zero Waste Sonoma, two organizations advocating for waste reduction and environmental responsibility.
Support for SB 561 from Environmental and Public Safety Advocates
Environmental and waste management leaders strongly support the legislation, citing the need for manufacturers to take responsibility for the hazardous materials they produce.
Heidi Sanborn, Executive Director of NSAC, emphasized the importance of holding manufacturers accountable. She noted that Sen. Blakespear’s team has worked closely with state agencies and stakeholders to develop a comprehensive strategy that not only provides a safe disposal solution for consumers but also enables the Department of Toxic Substances Control to recover enforcement costs. Sanborn also urged manufacturers to cooperate with the program rather than resist regulations, highlighting the frustration among boaters who currently lack disposal options.
Leslie Lukacs, Executive Director of Zero Waste Sonoma, echoed the sentiment, stating that reducing disposal costs and making the process more convenient for consumers is crucial. She stressed that boaters want to do the right thing when it comes to flare disposal, but without an established system, many are forced to improperly dispose of expired flares, putting public safety and the environment at risk.
A Growing Legislative Trend for Producer Responsibility
SB 561 aligns with California’s broader push toward Extended Producer Responsibility (EPR) programs, which require manufacturers to take ownership of their products at the end of their lifecycle. Similar programs have been successfully implemented for paint, mattresses, and e-waste, reducing improper disposal and shifting financial burdens away from local governments and onto manufacturers.
Given the hazardous nature of expired marine flares, advocates argue that a manufacturer-funded collection system is long overdue. With other EPR initiatives proving effective, SB 561 represents a logical step forward in improving hazardous waste management in California’s boating community.
Next Steps for SB 561
As the Emergency Distress Flare Safe Disposal Act moves through the California State Legislature, stakeholders will continue refining the program’s details, particularly regarding implementation costs, collection logistics, and enforcement mechanisms.
Sen. Blakespear represents Senate District 38, which includes Northern San Diego County and Southern Orange County, regions with a significant boating population that would greatly benefit from the bill’s passage.
To learn more about SB 561 and Sen. Blakespear’s legislative efforts, visit her official Senate website at https://www.senate.ca.gov/. The bill will continue to be discussed in upcoming legislative sessions, with public input encouraged as it progresses.
