Fireworks bill awaits Cuomo’s signature, has midnight deadline

The clock is ticking on a bill that would legalize the sale of certain types of small fireworks in New York.

Gov. Andrew Cuomo has until midnight to sign or veto the bill that would legalize the sale of consumer fireworks like hand-held and ground sparklers, snaps, and other non-explosive novelty items.

Larger fireworks, like Roman candles and bottle rockets, would remain illegal.

The bill, overwhelmingly passed by both houses of the Legislature in the waning days of the last session in June, is facing opposition from New York City and firefighter groups.

All fireworks would remain illegal in New York City. But Mayor Michael Bloomberg has opposed the bill out of safety concerns that residents would simply purchase fireworks in neighboring counties, bring them home and use them.

Assemblywoman Ellen Jaffee, D-Suffern, one of the few legislators who voted against the bill, said she agrees with Bloomberg’s concerns.

She said that even sparklers — whose tips can burn at 1,800 degrees — can be dangerous to children.

“I hope that the governor takes a very good look at the legislation and considers the concerns that have been raised,” she said. “I hope that the safety of children is considered strongly.”

Assemblyman Kenneth Zebrowski, D-New City, one of the bill’s co-sponsors, said legalizing the smaller, non-explosive fireworks would open up new opportunities for businesses.

“I’m hopeful the governor will sign it,” he said.

Cuomo has not indicated whether he will sign the bill.

The Legislature sent it to the governor Sept. 12, leaving him 10 days to sign or veto. Jaffee and Zebrowski said they had not heard any indication what the governor intends to do.

The lobbyist representing the fireworks trade group also said he has had no indication whether Cuomo would sign the bill.

“We’re hoping it will be signed,” said Wayne Lair, a lobbyist with the Vandevort Group, which lobbied legislators in Albany on behalf of the U.S. Fireworks Safety Commission, an industry trade group based in California. Lair said New Yorkers are buying fireworks anyway in neighboring states where they are legal.

New York is one of only four states where all consumer fireworks are illegal. New Jersey, Delaware, and Massachusetts also have bans on all fireworks. Advocates estimate the state could reap $2 million a year in sales tax revenues.

“Let’s keep the tax dollars here,” Lair said. A representative for the U.S. Fireworks Safety Commission did not respond to a call seeking comment.

Advocacy groups such as the New York Public Interest Research Group have criticized the bill, saying that the fireworks the bill would legalize cause serious harm to children.

“It will predictably result in more serious injuries, particularly to kids,” said Russ Haven, legislative counsel for NYPIRG. “Emergency rooms get jammed particularly around July 4th time, and it will be a huge headache for local firefighters and police departments who will have to enforce what will be a very confusing law.”

In 2010, there were 6,300 fireworks-related injuries during the month around the Fourth of July holiday, according to the U.S. Consumer Product Safety Commission, including 1,300 injuries from sparklers.

The American Association of Pediatrics and the National Fire Prevention Association advocate a ban on the sale of all fireworks to nonprofessionals.

The Fireman’s Association of the State of New York, an organization that represents more than 120,000 volunteer firefighters and EMS workers, is opposing the bill because the group says it would increase the risk of fire and injury to children and teenagers.

“I’ve seen what fireworks can do to both buildings and to people,” said David Jacobowitz, the president of the Fireman’s Association. “It’s an unneeded thing.”