AB 2310

AB2310:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2310

An act to amend Section 374.3 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2310, as amended, Carrillo. Illegal dumping.

Existing law makes it unlawful to dump waste matter in certain locations, such as upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful to place, deposit, or dump rocks, concrete, asphalt, or dirt in certain locations, as specified. A person violating these provisions is guilty of an infraction, as specified. Existing law makes a violation of these provisions in commercial quantities, as defined, a misdemeanor punishable by imprisonment in a county jail and by a fine, as specified. Under existing law, a private owner is not restricted in the use of their own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health or fire department or the Department of Forestry and Fire Protection.

This bill would make it a crime to transport waste matter, rocks, concrete, asphalt, dirt, or other construction debris for the purpose of placing, depositing, or dumping it in the locations described above. The bill would make a person increase the maximum fine to $5000 for violating these provisions 4 or more times guilty of a misdemeanor, as specified. a 4th or subsequent time. The bill would also make it unlawful to transport for the purpose of placing, depositing, or dumping waste matter, rocks, concrete, asphalt, dirt or other construction debris in commercial quantities, as defined, in the locations described above. The bill would specify that the fact that a person is operating a vehicle with actual or apparent rocks, concrete, asphalt, dirt, or other construction debris in their vehicle does not in itself constitute reasonable suspicion to stop or detain the person, or probable cause to arrest the person. For a person who violates these provisions in commercial quantities in excess of 25 cubic yards, the bill would make that violation a misdemeanor punishable in a county jail for not more than one year and by a fine, as specified. For commercial quantities in excess of 50 cubic yards, the bill would make a violation punishable as a misdemeanor or a felony, as specified. By expanding the application of a crime and creating new crimes, this bill would impose a state-mandated local program. The bill would specify that a private owner or a person with the owner’s permission is prohibited from placing, depositing, dumping, or transporting waste matter, rocks concrete, asphalt, dirt, or construction debris on their property if the activity requires a permit or license from a state or local agency and one was not obtained, or creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by specified entities. The bill would prohibit a person from being charged with dumping commercial quantities under these provisions if it was completed during the course of the person’s employment and at the direction of their employer, as specified.

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.

Digest Key

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

Bill Text

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

SECTION 1.

Section 374.3 of the Penal Code is amended to read:

374.3.

(a) It is unlawful to dump, cause to be dumped, or transport for the purpose of dumping waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.

(b) It is unlawful to place, deposit, or dump, cause to be placed, deposited, or dumped, or transport for the purpose of placing, depositing, or dumping rocks, concrete, asphalt, dirt, or other construction debris in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property.

(c) (1) Except as otherwise provided in subdivision (h), subdivisions (h) and (i), a person violating this section is guilty of an infraction. After three violations, a person violating this section for a fourth or subsequent time shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in the county jail for no more than six months, or by both that fine and imprisonment.

(2) The fact that a person is operating a vehicle with actual or apparent rocks, concrete, asphalt, dirt, or other construction debris in their vehicle does not in itself constitute reasonable suspicion to stop or detain the person, or probable cause to arrest the person.

(d) (1) Except as provided in paragraph (2), this section does not restrict a private owner in the use of their own private property.

(2) A private owner, including any person with the private owner’s permission, shall not place, deposit, dump, or transport waste matter, rocks, concrete, asphalt, dirt, or construction debris on their property if the placing, depositing, dumping, or transporting of waste matter, rocks, concrete, asphalt, dirt, or construction debris does either of the following:

(A) Requires a solid waste facility permit or license from a state or local agency and one was not obtained.

(B) Creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, the Department of Forestry and Fire Protection, or the state or local agency with jurisdiction over the property.

(e) (1) Except as otherwise provided in subdivision (h) subdivisions (h) and (i) and paragraph (2), a person convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this paragraph shall be doubled.

(2) After three violations, a person violating this section for a fourth or subsequent time shall be punished by a fine of no more than five thousand dollars ($5,000) or by imprisonment in the county jail for no more than six months, or by both that fine and imprisonment. ($5,000). If the court finds that the waste matter, rocks, concrete, asphalt, dirt, or other construction debris placed, deposited, dumped, or transported was used tires, the fine prescribed in this paragraph shall be doubled.

(f) (1) The court may require, in addition to any fine imposed upon a conviction, that a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property.

(2) The court shall require, in addition to any fine imposed upon a conviction, that a person convicted under this section remove, or pay the cost of removing, waste matter, rocks, concrete, asphalt, dirt, or other construction debris that the convicted person placed, deposited, or dumped, caused to be placed, deposited, or dumped, or transported for these purposes if both of the following circumstances are met:

(A) The person convicted is the owner of the property described in subdivision (a) or (b) where the placing, depositing, dumping, or transporting of waste matter, rocks, concrete, asphalt, dirt, or other construction debris occurred.

(B) The placing, depositing, dumping, or transporting of waste matter, rocks, concrete, asphalt, dirt, or other construction debris requires a permit or license from a state or local agency and one was not obtained, or creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, the Department of Forestry and Fire Protection, or the state or local agency with jurisdiction over the property.

(g) The court may, in addition to the fine imposed upon a conviction, require that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours.

(h) (1) Except as otherwise provided in paragraph (2), a person who places, deposits, or dumps, causes to be placed, deposited, or dumped, or transports for the purpose of placing, depositing, or dumping waste matter, rocks, concrete, asphalt, dirt, or other construction debris in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction.

(2) If a person convicted under paragraph (1) is the owner or operator of the business involved in the illegal dumping, and that business employs more than 10 full-time employees, the fine shall amount to not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than twenty thousand dollars ($20,000) upon a third or subsequent conviction.

(3) The court shall require, in addition to the fine imposed upon a conviction, that a person convicted under this subdivision remove, or pay the cost of removing, any waste matter, concrete, asphalt, dirt, or other construction debris which the convicted person placed, deposited, or dumped, caused to be placed, deposited, or dumped, or transported for these purposes upon public or private property.

(4) (A) If a person convicted under this subdivision holds a license or permit to conduct business that is substantially related to the illegal dumping for which the person was convicted, the court shall notify the applicable licensing or permitting entity subject to the jurisdiction of the Department of Consumer Affairs as set forth in Section 101 of the Business and Professions Code, if any, of the conviction.

(B) The licensing or permitting entity shall record and post the offense on the public profile of the licensee or permitholder on the internet website of the entity.

(5) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person’s own residence.

(i) A person who places, deposits, or dumps, causes to be placed, deposited, or dumped, or transports for the purpose of placing, depositing, or dumping waste matter, concrete, asphalt, dirt, or other construction debris in violation of this section in commercial quantities in excess of 25 cubic yards shall be punished by imprisonment in a county jail for not more than one year and by a fine. The fine is mandatory and shall amount to twenty-five thousand dollars ($25,000) for each conviction. If the commercial quantity is in excess of 50 cubic yards, the person may be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170, and by a fine. The fine is mandatory and shall amount to fifty thousand dollars ($50,000) for each conviction.

(j) Any person who completed an illegal act of dumping during the course of the person’s employment that was done at the direction of their employer, if the person did not have ownership, managerial, or decisionmaking authority over the business responsible for the illegal dumping, shall not be charged with dumping commercial quantities under subdivision (i) of this section.

(k) For purposes of this section, “person” means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation.

(l) When setting fines pursuant to this section, the court shall consider the defendant’s ability to pay, including consideration of, without limitation, all of the following:

(1) The defendant’s present financial position.

(2) The defendant’s reasonably discernible future financial position, provided that the court shall not consider a period of more than one year from the date of the hearing for purposes of determining the reasonably discernible future financial position of the defendant.

(3) The likelihood that the defendant will be able to obtain employment within one year from the date of the hearing.

(4) Any other factor that may bear upon the defendant’s financial capability to pay the fine.

SEC. 2.

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.