• Introduced: February 20, 2025 

• Co-Sponsors: National Stewardship Action Council (NSAC) and Zero Waste Sonoma

• Author: Senator Catherine Blakespear (D - District 38)

• Bill Text: SB 561 on Leg Info

• Press Release: Sen. Blakespear Introduces Legislation to Safely Collect and Dispose Expired Marine Flares

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CA SB 561 Overview 

Senate Bill 561 will ensure manufacturers of emergency distress flares help to fund and operate a collection system to manage expired or unwanted flares. SB 561 will provide boaters with convenient, legal disposal options, eliminating the dangerous practice of stockpiling or improperly disposing of expired flares. 

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Federal law requires recreational boats to carry U.S. Coast Guard (USCG) approved visual distress signals in case of emergencies to help pinpoint the boater’s exact location. Pyrotechnic marine flares are one option boaters use to meet this requirement, but flares contain toxic metals and pollutants that render them hazardous, reactive, and explosive waste at end-of-life (EOL). An estimated 174,000 outdated flares are generated each year by recreational vessels in the state.

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What the Bill Does: Key Provisions of CA SB 561  

 

• ​Establishes California’s first manufacturer-funded program to address the hazardous waste crisis posed by expired marine flares. 

• Bans perchlorate, a harmful chemical, in all new flares sold in the state.

• Requires manufacturers to create accessible disposal options, including permanent collection sites and annual temporary events in coastal counties through 2029.

  • ​These efforts must include safety training, public education, and transparent reporting to ensure proper handling of flares, which currently cost local governments up to $185 per unit to dispose of safely.

• Manufacturers must maintain financial reserves and undergo independent audits, with all regulatory costs covered through a dedicated Marine Flare Recovery Fund.

• By eliminating stockpiling risks and preventing flares from entering waste streams, the bill protects sanitation workers, reduces environmental contamination, and aligns with circular economy principles—ensuring those who profit from flare sales bear responsibility for their safe end-of-life management.​

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CA SB 561: Why It Matters 

SB 561 represents a critical step forward in addressing California's marine flare disposal crisis, creating a sustainable solution that prioritizes public safety, environmental protection, and fiscal responsibility. This legislation tackles a growing problem where 174,000 outdated flares accumulate annually in California, creating hazardous conditions when improperly stored or discarded. These pyrotechnic devices, while essential for boater safety, transform into dangerous explosive waste at end-of-life, containing toxic metals and pollutants that threaten both human health and ecosystems.

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The current system places an unfair burden on local governments and taxpayers, with disposal costs reaching $185 per flare in some areas while only one county offers regular collection services. SB 561 fundamentally restructures this broken model by implementing an equitable manufacturer-funded program. By requiring producers to finance and operate a comprehensive collection system, the legislation ensures those who benefit from flare sales bear responsibility for their safe disposal, rather than passing costs to the general public.

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Support and Rationale 

​The National Stewardship Action Council and Zero Waste Sonoma are proud to co-sponsor SB 561, as amended April 7, 2025, which will ensure manufacturers of emergency distress flares help to fund and operate a collection system to manage expired or unwanted flares. The National Stewardship Action Council (NSAC) is a 501(c)(4) non-profit organization comprised of governments, non-government organizations, businesses, and consumers with the vision for the United States to attain a responsible, circular economy, an economic system that designs out waste and pollution, keeps materials in use, and regenerates natural systems. Zero Waste Sonoma is a joint powers authority that serves and helps the residents and businesses in the unincorporated area and nine cities and towns in Sonoma County to reduce, reuse, recycle, and discard all materials in the safest and most environmentally responsible way possible. Zero Waste Sonoma’s mission is to is to empower personal action in waste reduction and materials management by implementing practical solutions to protect our natural resources.

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The sole producer currently selling into California, Orion, threatened to leave the state if Senator Blakespear’s first pyrotechnic distress flare Extended Producer Responsibility (EPR) bill, SB 1066, was signed into law. SB 1066 was supported by a diverse group of stakeholders and received strong bipartisan support but was vetoed by Governor Gavin Newsom because it lacked a “comprehensive program scope”, “would not cover implementation costs incurred by DTSC” (Department of Toxic Substances Control), and did not provide DTSC with “the appropriate enforcement authority to effectively ensure compliance.” 

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Since the veto, NSAC, Zero Waste Sonoma, and the author’s office have been working with DTSC to reduce costs and ensure SB 561 addresses the concerns expressed by the Newsom Administration.