BILL ANALYSIS                                                                                                                                                                                                    



                                                                       AB 144


                                                                      Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          144 (Mathis)


          As Amended  June 1, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  | 78-0 | (May 14,      |SENATE: |40-0  | (September 8,   |
          |           |      |2015)          |        |      |2015)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  PUB. S.


          SUMMARY:  Specifies that the fourth violation of illegal dumping  
          on private property shall be a misdemeanor punishable by up to 30  
          days in the county jail.    


          The Senate amendments make non-substantive technical changes to  
          the bill.  


          EXISTING LAW:  


          1)States that it is unlawful to dump or cause to be dumped 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  








                                                                       AB 144


                                                                      Page  2


            other than property designated or set aside for that purpose by  
            the governing board or body having charge of that property.  
          2)Provides it is unlawful to place, deposit, or dump, or cause to  
            be placed, deposited, or dumped, rocks, concrete, asphalt, or  
            dirt 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.  


          3)States that a person violating dumping provisions is guilty of  
            an infraction.  Each day that waste placed, deposited, or dumped  
            in violation the law is a separate violation.    


          4)Provides these provisions do not restrict a private owner in the  
            use of his or her 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 department, local  
            fire department or district providing fire protection services,  
            or the Department of Forestry and Fire Protection, in which case  
            this section applies.    


          5)Specifies a person convicted of dumping shall be punished by a  
            mandatory fine of not less than $250 nor more than $1,000 upon a  
            first conviction, by a mandatory fine of not less than $500 nor  
            more than $1,500 upon a second conviction, and by a mandatory  
            fine of not less than $750 nor more than $3,000 upon a third or  
            subsequent conviction.  If the court finds that the waste matter  
            placed, deposited, or dumped was used tires, the fine prescribed  
            in this subdivision shall be doubled.    


          6)Provides that the court may require, in addition to any fine  
            imposed upon a conviction, that, as a condition of probation and  
            in addition to any other condition of probation, a person  
            convicted under this section remove, or pay the cost of  








                                                                       AB 144


                                                                      Page  3


            removing, any waste matter which the convicted person dumped or  
            caused to be dumped upon public or private property.    


          7)Except when the court requires the convicted person to remove  
            waste matter which he or she is responsible for dumping as a  
            condition of probation, the court may, in addition to the fine  
            imposed upon a conviction, require as a condition of probation,  
            in addition to any other condition of probation, 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.    


          8)States that a person who places, deposits, or dumps, or causes  
            to be placed, deposited, or dumped, waste matter 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 $1,000 nor more than $3,000 upon a  
            first conviction, not less than $3,000 nor more than $6,000 upon  
            a second conviction, and not less than $6,000 nor more than  
            $10,000 upon a third or subsequent conviction.


          9)Defines "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 residence.


          FISCAL EFFECT:  According to the Senate Appropriations Committee:


          1)Local jails:  Potential minor future increase in  
            non-reimbursable local costs (General Fund) for enforcement and  
            incarceration to the extent the new misdemeanor results in  
            additional short-term jail sentences. 


          2)Accrued fines vs. separate violations:  Unknown, potential  








                                                                       AB 144


                                                                      Page  4


            decrease in fine and state penalty revenues, potentially in  
            excess of $50,000 (General Fund), to the extent the same fine as  
            initially imposed accrues each day the waste matter remains  
            unabated versus the imposition of separate violations under  
            existing law, which would require cumulatively higher assessed  
            fines for the first three days the waste matter remains unabated  
            and a higher assessed fine for the remainder of the period.


          COMMENTS:  According to the author, "Under existing law, dumping  
          in non-commercial quantities on private property is only an  
          infraction and subject to a minor fine and no jail time.  Illegal  
          dumping on private property is a serious issue for property  
          owners, law enforcement agencies, and communities as a whole.   
          Dumpers impose significant clean-up costs upon the owners of the  
          afflicted property.  Dumping also poses a costly burden on law  
          enforcement officials whom are called to respond when an incident  
          occurs.  Communities also suffer more than a nuisance as property  
          values and revenues to local government suffer due to blight from  
          dumping.  While the costs and negative outcomes associated with  
          illegal dumping on private property can be high, the penalties for  
          offenders whom are apprehended are too minor to provide adequate  
          deterrence from this behavior.  This bill would increase the  
          penalty for illegal dumping on private property in non-commercial  
          quantities from an infraction to a misdemeanor, subject to stiffer  
          fines and up to 30-days of jail time, to discourage illegal  
          dumping."


          Analysis Prepared by:                                               
                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0001813


















                                                                       AB 144


                                                                      Page  5