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Bill

AB 2310

Illegal dumping.

2025-2026 Regular Session Introduced by Juan Alanis and 5 co-sponsors

AB 2310 widens illegal dumping liability by criminalizing transporting waste for dumping, escalating penalties for commercial quantities, and boosting enforcement and notice provis

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 23).
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Bill Summary · AB 2310

Summary of AB 2310 (2025-2026) – Illegal Dumping (California)

Main purpose and intent

AB 2310 seeks to strengthen California’s anti-dumping laws by expanding criminal responsibility for transporting and dumping waste matter, rocks, concrete, asphalt, dirt, or construction debris in prohibited locations. The bill adds new crimes, increases penalties for certain violations (especially in “commercial quantities”), and clarifies enforcement and licensing considerations. It aims to deter illegal dumping by imposing stiffer consequences and ensuring clear rules for private-property and public-area dumping.

Key provisions and changes

  • Expand scope of crimes:
    • It becomes a crime to transport waste matter or related materials for the purpose of dumping in the specified locations (highways, private property with or without consent, or public property where dumping is prohibited).
    • It broadens application to the act of transporting for dumping, not just actual dumping.
  • Fourth-and-beyond violations:
    • A person who violates the dumping provisions four or more times (in aggregate, even if within a single charging document) would be guilty of a misdemeanor.
  • Commercial quantities:
    • Establishes separate offenses for commercial quantities (defined as 1 cubic yard or more, with household waste excluded).
    • Penalties escalate with quantity:
    • 25 cubic yards or more: mandatory fines and potential imprisonment (up to 1 year in county jail) per conviction.
    • 50 cubic yards or more: penalties may include state prison terms (depending on conviction), with higher fines.
    • Higher minimum fines for commercial quantities and for owner-operators of businesses involved in illegal dumping, with tiered increases on first, second, and third violations.
    • For commercial quantities in excess of 25 cubic yards, fines start at $25,000 per conviction; in excess of 50 cubic yards, fines start at $50,000 per conviction.
  • Employment-based exceptions:
    • If the illegal dumping act occurred during the course of employment and at the direction of an employer, a person may not be charged with dumping commercial quantities under subdivision (i) (the commercial-quantity provision). This clarifies liability for workers acting on employer instructions.
  • Vehicle presence not probable cause:
    • Explicitly states that merely transporting rocks, concrete, asphalt, dirt, or debris in a vehicle is not by itself reasonable suspicion to stop or arrest.
  • Private property limitations:
    • A private owner (or a person with the owner’s permission) cannot engage in dumping if it would require a permit that was not obtained or if the activity creates a public health, safety, nuisance, or fire hazard, as determined by specified authorities.
  • Court-ordered cleanup:
    • Courts may require convicted offenders to remove the dumped material or pay removal costs, particularly when the owner is responsible and the activity required a permit but none was obtained or it created hazards.
  • Notice to licensing entities:
    • If the offender holds a license/permit related to the business at issue, the licensing entity must be notified and may post the offense publicly on the licensee’s record.
  • Definitions and penalties:
    • “Commercial quantities” defined at 1 cubic yard or more.
    • Penalty schedules include mandatory fines that increase with each conviction, plus possible jail time and removal costs.
    • Courts must consider ability to pay when setting fines, including current and reasonably foreseeable financial position and employment prospects.

Who would be affected

  • Individuals and businesses that transport or dump waste matter, rocks, concrete, asphalt, dirt, or other construction debris in prohibited locations (highways, private property without consent, or public property not designated for such disposal).
  • Private property owners, especially those who might be tempted to use their land for dumping but must comply with permit requirements and safety determinations.
  • Employers and employers’ employees involved in illegal dumping, with special rules limiting prosecution of workers acting under employer direction for commercial-dumping offenses.
  • Licensing and permitting entities (state or local) that would receive notification about convictions related to licensees and may publicly post such information.
  • Local agencies that enforce penalties and potentially incur costs for cleanup or detention related to violations.

Procedural and timeline aspects

  • Legislative history indicates passage through multiple committees with amendments:
    • Referred to Public Safety, then Appropriations, with amendments and “amend, and do pass as amended” in May 2026.
    • The bill is part of the California 2025-2026 Regular Session.
  • Fiscal note: The act states that no state reimbursement is required for local costs; it creates new offenses and penalties, which can affect local court and law enforcement workloads but is not deemed a state-mandated cost on local governments.
  • Effective date: As amended, the bill would become law upon enactment (specific effective date not stated in the provided text; typically, California criminal statutes take effect on January 1 of the year following enactment or on a specified date).

Practical impact and considerations

  • Stronger deterrence: Higher penalties for larger “commercial quantities” and repeated offenses aim to reduce illegal dumping.
  • Enhanced enforcement: Clear rules around transport-to-dump actions and explicit prohibitions on dumping without required permits increase enforcement options.
  • Public accountability: Mandatory fines, removal costs, and licensing notifications create a broader accountability framework for businesses and individuals involved.
  • Public health and safety emphasis: Provisions address hazards and nuisances associated with improper dumping, aligning penalties with risk to communities and environments.

If you’d like, I can provide a side-by-side comparison with current law or a page-ready briefing for lawmakers or public stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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