Amended IN Assembly March 27, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 476Introduced by Assembly Member Mark GonzlezFebruary 10, 2025 An act to amend Section 21606 Sections 21606 and 21609.1 of, and to add Section 21611 to, the Business and Professions Code, and to amend Sections 496a and 496e of the Penal Code, relating to business, metal theft, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 476, as amended, Mark Gonzlez. Junk dealers and recyclers: nonferrous metals. Metal theft.Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as junk. Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk, as defined. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid drivers license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor.This bill, among other changes, would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed and would require the statement to include specified information, including the legal name, date of birth, and place of residence of the seller. The bill would impose additional requirements on a junk dealer or recycler purchasing nonferrous metals, including obtaining proof of ownership showing the seller has lawful possession or lawful ownership of the nonferrous metals, as specified. The bill would prohibit a junk dealer or recycler from purchasing nonferrous metals from a person under 18 years of age. The bill would require a junk dealer or recycler to maintain the above-described information for at least one year, unless a longer period of time is specified, and would authorize any authorized law enforcement officer to conduct reasonable inspections during regular business hours to ensure compliance with applicable laws. By expanding the scope of a crime, the bill would impose a state-mandated local program.Existing law, the Contractors State License Law, establishes the Contractors State License Board to license and regulate contractors, and establishes the registrar of contractors as the executive officer and secretary of the board. This bill would prohibit a person from engaging in the sale of scrap metal copper without a valid license issued by the registrar. The bill would prescribe licensure requirements, including payment of a fee of up to $500, to be deposited into the Contractors License Fund, a continuously appropriated fund, and would require a person to renew the license every year. By increasing moneys deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would authorize the registrar to issue a license subject to restrictions or limitations or deny a license for specified reasons, including if the registrar determines the applicant is in violation of federal or state law. The bill exempt certain persons, including licensed electricians, from the licensure requirements.Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000.This bill would expand the list of materials and items subject to those provisions to include, among other things, street lights and other attachments related to street lighting and traffic signals, and would increase the maximum amount of the criminal fine to $10,000.Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000.This bill would increase the maximum amount of the fine to $10,000.Because the bill would expand the scope of crimes, the bill would impose a state-mandated local program.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: YES Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21606 of the Business and Professions Code is amended to read:21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.(2) One of the following methods of identification:(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.SEC. 2. Section 21609.1 of the Business and Professions Code is amended to read:21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.(4) Backflow devices and connections to that device, or any part of that device.(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.(c) For purposes of this section, the following definitions apply:(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.(2) Appropriate law enforcement agency means either of the following:(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.SEC. 2.SEC. 3. Section 21611 is added to the Business and Professions Code, to read:21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:(1) The name, permanent address, telephone number, and date of birth of the applicant.(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.(g) The registrar may deny a license renewal under this section under either of the following circumstances:(1) The registrar determines that the applicant is in violation of federal or state law.(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:(1) Engages in fraudulent activity that violates state or federal law.(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.(3) The applicant fails to pay an application license or renewal fee.(4) The applicant fails to comply with a requirement set forth in this section. (j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.SEC. 4. Section 496a of the Penal Code is amended to read:496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.SEC. 5. Section 496e of the Penal Code is amended to read:496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:(1) A fire hydrant or any reasonably recognizable part of that hydrant.(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.(4) Backflow devices and connections to that device, or any part of that device.(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).SEC. 3.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Assembly March 27, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 476Introduced by Assembly Member Mark GonzlezFebruary 10, 2025 An act to amend Section 21606 Sections 21606 and 21609.1 of, and to add Section 21611 to, the Business and Professions Code, and to amend Sections 496a and 496e of the Penal Code, relating to business, metal theft, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 476, as amended, Mark Gonzlez. Junk dealers and recyclers: nonferrous metals. Metal theft.Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as junk. Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk, as defined. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid drivers license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor.This bill, among other changes, would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed and would require the statement to include specified information, including the legal name, date of birth, and place of residence of the seller. The bill would impose additional requirements on a junk dealer or recycler purchasing nonferrous metals, including obtaining proof of ownership showing the seller has lawful possession or lawful ownership of the nonferrous metals, as specified. The bill would prohibit a junk dealer or recycler from purchasing nonferrous metals from a person under 18 years of age. The bill would require a junk dealer or recycler to maintain the above-described information for at least one year, unless a longer period of time is specified, and would authorize any authorized law enforcement officer to conduct reasonable inspections during regular business hours to ensure compliance with applicable laws. By expanding the scope of a crime, the bill would impose a state-mandated local program.Existing law, the Contractors State License Law, establishes the Contractors State License Board to license and regulate contractors, and establishes the registrar of contractors as the executive officer and secretary of the board. This bill would prohibit a person from engaging in the sale of scrap metal copper without a valid license issued by the registrar. The bill would prescribe licensure requirements, including payment of a fee of up to $500, to be deposited into the Contractors License Fund, a continuously appropriated fund, and would require a person to renew the license every year. By increasing moneys deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would authorize the registrar to issue a license subject to restrictions or limitations or deny a license for specified reasons, including if the registrar determines the applicant is in violation of federal or state law. The bill exempt certain persons, including licensed electricians, from the licensure requirements.Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000.This bill would expand the list of materials and items subject to those provisions to include, among other things, street lights and other attachments related to street lighting and traffic signals, and would increase the maximum amount of the criminal fine to $10,000.Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000.This bill would increase the maximum amount of the fine to $10,000.Because the bill would expand the scope of crimes, the bill would impose a state-mandated local program.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: YES Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 27, 2025
Amended IN Assembly March 27, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 476
Introduced by Assembly Member Mark GonzlezFebruary 10, 2025
Introduced by Assembly Member Mark Gonzlez
February 10, 2025
An act to amend Section 21606 Sections 21606 and 21609.1 of, and to add Section 21611 to, the Business and Professions Code, and to amend Sections 496a and 496e of the Penal Code, relating to business, metal theft, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 476, as amended, Mark Gonzlez. Junk dealers and recyclers: nonferrous metals. Metal theft.
Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as junk. Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk, as defined. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid drivers license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor.This bill, among other changes, would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed and would require the statement to include specified information, including the legal name, date of birth, and place of residence of the seller. The bill would impose additional requirements on a junk dealer or recycler purchasing nonferrous metals, including obtaining proof of ownership showing the seller has lawful possession or lawful ownership of the nonferrous metals, as specified. The bill would prohibit a junk dealer or recycler from purchasing nonferrous metals from a person under 18 years of age. The bill would require a junk dealer or recycler to maintain the above-described information for at least one year, unless a longer period of time is specified, and would authorize any authorized law enforcement officer to conduct reasonable inspections during regular business hours to ensure compliance with applicable laws. By expanding the scope of a crime, the bill would impose a state-mandated local program.Existing law, the Contractors State License Law, establishes the Contractors State License Board to license and regulate contractors, and establishes the registrar of contractors as the executive officer and secretary of the board. This bill would prohibit a person from engaging in the sale of scrap metal copper without a valid license issued by the registrar. The bill would prescribe licensure requirements, including payment of a fee of up to $500, to be deposited into the Contractors License Fund, a continuously appropriated fund, and would require a person to renew the license every year. By increasing moneys deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would authorize the registrar to issue a license subject to restrictions or limitations or deny a license for specified reasons, including if the registrar determines the applicant is in violation of federal or state law. The bill exempt certain persons, including licensed electricians, from the licensure requirements.Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000.This bill would expand the list of materials and items subject to those provisions to include, among other things, street lights and other attachments related to street lighting and traffic signals, and would increase the maximum amount of the criminal fine to $10,000.Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000.This bill would increase the maximum amount of the fine to $10,000.Because the bill would expand the scope of crimes, the bill would impose a state-mandated local program.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.
Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as junk. Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk, as defined. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid drivers license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor.
This bill, among other changes, would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed and would require the statement to include specified information, including the legal name, date of birth, and place of residence of the seller. The bill would impose additional requirements on a junk dealer or recycler purchasing nonferrous metals, including obtaining proof of ownership showing the seller has lawful possession or lawful ownership of the nonferrous metals, as specified. The bill would prohibit a junk dealer or recycler from purchasing nonferrous metals from a person under 18 years of age. The bill would require a junk dealer or recycler to maintain the above-described information for at least one year, unless a longer period of time is specified, and would authorize any authorized law enforcement officer to conduct reasonable inspections during regular business hours to ensure compliance with applicable laws. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law, the Contractors State License Law, establishes the Contractors State License Board to license and regulate contractors, and establishes the registrar of contractors as the executive officer and secretary of the board.
This bill would prohibit a person from engaging in the sale of scrap metal copper without a valid license issued by the registrar. The bill would prescribe licensure requirements, including payment of a fee of up to $500, to be deposited into the Contractors License Fund, a continuously appropriated fund, and would require a person to renew the license every year. By increasing moneys deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would authorize the registrar to issue a license subject to restrictions or limitations or deny a license for specified reasons, including if the registrar determines the applicant is in violation of federal or state law. The bill exempt certain persons, including licensed electricians, from the licensure requirements.
Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000.
This bill would expand the list of materials and items subject to those provisions to include, among other things, street lights and other attachments related to street lighting and traffic signals, and would increase the maximum amount of the criminal fine to $10,000.
Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000.
This bill would increase the maximum amount of the fine to $10,000.
Because the bill would expand the scope of crimes, the bill would impose a state-mandated local program.
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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 21606 of the Business and Professions Code is amended to read:21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.(2) One of the following methods of identification:(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.SEC. 2. Section 21609.1 of the Business and Professions Code is amended to read:21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.(4) Backflow devices and connections to that device, or any part of that device.(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.(c) For purposes of this section, the following definitions apply:(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.(2) Appropriate law enforcement agency means either of the following:(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.SEC. 2.SEC. 3. Section 21611 is added to the Business and Professions Code, to read:21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:(1) The name, permanent address, telephone number, and date of birth of the applicant.(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.(g) The registrar may deny a license renewal under this section under either of the following circumstances:(1) The registrar determines that the applicant is in violation of federal or state law.(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:(1) Engages in fraudulent activity that violates state or federal law.(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.(3) The applicant fails to pay an application license or renewal fee.(4) The applicant fails to comply with a requirement set forth in this section. (j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.SEC. 4. Section 496a of the Penal Code is amended to read:496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.SEC. 5. Section 496e of the Penal Code is amended to read:496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:(1) A fire hydrant or any reasonably recognizable part of that hydrant.(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.(4) Backflow devices and connections to that device, or any part of that device.(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).SEC. 3.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 21606 of the Business and Professions Code is amended to read:21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.(2) One of the following methods of identification:(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.
SECTION 1. Section 21606 of the Business and Professions Code is amended to read:
### SECTION 1.
21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.(2) One of the following methods of identification:(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.
21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.(2) One of the following methods of identification:(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.
21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.(2) One of the following methods of identification:(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.
21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following:
(1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction.
(2) One of the following methods of identification:
(A) The name, valid drivers license number number, and state of issue or California- or United States-issued identification card number.
(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the sellers name.
(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the sellers name.
(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealers or recyclers place of business.
(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealers or recyclers place of business.
(5) A description of the item or items of junk purchased or sold, including the item type, number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any.
(6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. The signed statement shall include the legal name, date of birth, and place of residence, including street number, street name, city, state, and ZIP Code, of the seller.
(b) Before purchasing any nonferrous metals from a seller, a junk dealer or recycler shall obtain acceptable proof of ownership from the seller that shows the seller has lawful possession or lawful ownership of the nonferrous metals. Acceptable proof of ownership shall be either of the following:
(1) An invoice or receipt documenting the purchase of the nonferrous metals that contains the name of the seller and the name of the person from whom the seller purchased the nonferrous metals.
(2) A contractors license, a construction or demolition permit for the site from which the nonferrous metal came, and a declaration by the seller describing the source of the metal that is signed and dated by the seller and witnessed by the junk dealer or recycler. Acceptable proof of lawful possession requires the signed declaration of the named purchaser of the nonferrous metals or the holder of the contractors license that the seller has been designated as the owners agent for purposes of the sale of nonferrous metals and the address and telephone number of the declarant.
(c) Before purchasing junk from a seller, a junk dealer or recycler shall verify the sellers identity with one of the methods of identification specified in paragraph (2) of subdivision (a).
(d) A junk dealer or recycler shall not purchase nonferrous metals from a person under 18 years of age.
(e) (1) Unless a longer period of time is required pursuant to Section 21607 or another law, a junk dealer or recycler shall maintain the information required to be collected under this section for at least one year from the date of purchase or delivery, whichever is later. A junk dealer or recycler shall make available to any law enforcement agency the information required to be collected under this section.
(2) Any authorized law enforcement officer may conduct reasonable inspections during regular business hours to ensure compliance with applicable laws.
(f) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.
(g) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.
SEC. 2. Section 21609.1 of the Business and Professions Code is amended to read:21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.(4) Backflow devices and connections to that device, or any part of that device.(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.(c) For purposes of this section, the following definitions apply:(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.(2) Appropriate law enforcement agency means either of the following:(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.
SEC. 2. Section 21609.1 of the Business and Professions Code is amended to read:
### SEC. 2.
21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.(4) Backflow devices and connections to that device, or any part of that device.(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.(c) For purposes of this section, the following definitions apply:(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.(2) Appropriate law enforcement agency means either of the following:(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.
21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.(4) Backflow devices and connections to that device, or any part of that device.(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.(c) For purposes of this section, the following definitions apply:(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.(2) Appropriate law enforcement agency means either of the following:(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.
21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.(4) Backflow devices and connections to that device, or any part of that device.(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.(c) For purposes of this section, the following definitions apply:(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.(2) Appropriate law enforcement agency means either of the following:(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.
21609.1. (a) No A junk dealer or recycler shall not possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. material:
(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.
(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.
(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.
(4) Backflow devices and connections to that device, or any part of that device.
(5) Street lights and other attachments related to street lighting, including, but not limited to, all of the following:
(A) Ubicquia smart nodes.
(B) Light-emitting diode (LED) fixtures.
(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.
(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.
(E) Colocation equipment.
(F) Fiber optic cables.
(G) Electric vehicle chargers.
(H) Cameras.
(I) Air quality sensors.
(J) Digital banners.
(K) Pedestrian and cycling counters.
(6) Traffic signals and active grade crossing signals.
(7) Sewer flow monitoring station equipment.
(8) Sewer pump station instrumentation and controls.
(9) Stormwater auto sampling equipment and instrumentation.
(10) Stormwater pump station instrumentation and controls.
(11) Irrigation wiring.
(12) Plaques.
(13) Communications or broadband infrastructure or equipment.
(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.
(c) For purposes of this section, the following definitions apply:
(1) Agency means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.
(2) Appropriate law enforcement agency means either of the following:
(A) The police chief of the city, or his or her their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.
(B) The sheriff of the county or his or her their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.
(3) Written certification means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.
SEC. 2.SEC. 3. Section 21611 is added to the Business and Professions Code, to read:21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:(1) The name, permanent address, telephone number, and date of birth of the applicant.(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.(g) The registrar may deny a license renewal under this section under either of the following circumstances:(1) The registrar determines that the applicant is in violation of federal or state law.(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:(1) Engages in fraudulent activity that violates state or federal law.(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.(3) The applicant fails to pay an application license or renewal fee.(4) The applicant fails to comply with a requirement set forth in this section. (j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.
SEC. 2.SEC. 3. Section 21611 is added to the Business and Professions Code, to read:
### SEC. 2.SEC. 3.
21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:(1) The name, permanent address, telephone number, and date of birth of the applicant.(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.(g) The registrar may deny a license renewal under this section under either of the following circumstances:(1) The registrar determines that the applicant is in violation of federal or state law.(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:(1) Engages in fraudulent activity that violates state or federal law.(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.(3) The applicant fails to pay an application license or renewal fee.(4) The applicant fails to comply with a requirement set forth in this section. (j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.
21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:(1) The name, permanent address, telephone number, and date of birth of the applicant.(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.(g) The registrar may deny a license renewal under this section under either of the following circumstances:(1) The registrar determines that the applicant is in violation of federal or state law.(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:(1) Engages in fraudulent activity that violates state or federal law.(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.(3) The applicant fails to pay an application license or renewal fee.(4) The applicant fails to comply with a requirement set forth in this section. (j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.
21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:(1) The name, permanent address, telephone number, and date of birth of the applicant.(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.(g) The registrar may deny a license renewal under this section under either of the following circumstances:(1) The registrar determines that the applicant is in violation of federal or state law.(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:(1) Engages in fraudulent activity that violates state or federal law.(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.(3) The applicant fails to pay an application license or renewal fee.(4) The applicant fails to comply with a requirement set forth in this section. (j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.
21611. (a) A person shall not engage in the sale of scrap metal copper without a valid license issued by the registrar of contractors of the Contractor Contractors State License Board pursuant to this section.
(b) A seller of scrap metal copper may apply to the registrar on a form prescribed by the registrar that includes, at a minimum, both of the following:
(1) The name, permanent address, telephone number, and date of birth of the applicant.
(2) An acknowledgment that the applicant obtained the copper by lawful means in the regular course of the applicants business, trade, or authorized construction work.
(c) An application shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500), not to exceed the reasonable cost to the board to administer this section.
(d) Within 30 days of the date an application is received, the registrar may require additional information or submissions from an applicant and may obtain any document or information that is reasonably necessary to verify the information contained in the application. Within 90 days after the date a completed application is received, the registrar shall review the application and issue a license if the applicant is deemed qualified under this section. The registrar may issue a license subject to restrictions or limitations. If the registrar determines the applicant is not qualified, the registrar shall notify the applicant and shall specify the reason for the denial.
(e) A person licensed to perform work pursuant to Chapter 4.5 (commencing with Section 108) of Division 1 of the Labor Code, the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3), or who is a technician certified under Section 608 of the federal Clean Air Act (40 C.F.R. Part 82, Subpart F) shall not be required to obtain a license under this section to sell scrap metal copper.
(f) A license issued under this section is valid for one year. To renew a license, an applicant shall submit a completed renewal application on a form prescribed by the registrar and a renewal fee of up to five hundred dollars ($500), not to exceed the reasonable cost of administering this section. The registrar may request that a renewal applicant submit additional information to clarify any new information presented in the renewal application. A renewal application submitted after the renewal deadline shall be accompanied by a nonrefundable late fee of up to seven hundred and fifty dollars ($750), not to exceed the reasonable cost to the board to administer this section.
(g) The registrar may deny a license renewal under this section under either of the following circumstances:
(1) The registrar determines that the applicant is in violation of federal or state law.
(2) The applicant fails to timely submit a renewal application and the information required under this subdivision.
(h) In lieu of denying a renewal application under subdivision (g), the registrar may permit the applicant to submit to the registrar a corrective action plan to cure or correct deficiencies.
(i) The registrar may suspend, revoke, or place on probation a license issued under this section if the applicant does any of the following:
(1) Engages in fraudulent activity that violates state or federal law.
(2) The registrar receives consumer complaints that justify an action under this subdivision to protect the safety and interests of consumers.
(3) The applicant fails to pay an application license or renewal fee.
(4) The applicant fails to comply with a requirement set forth in this section.
(j) The fees collected pursuant to this section shall be deposited in the Contractors License Fund.
SEC. 4. Section 496a of the Penal Code is amended to read:496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.
SEC. 4. Section 496a of the Penal Code is amended to read:
### SEC. 4.
496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.
496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.
496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.
496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one ten thousand dollars ($1,000), ($10,000), or by both that fine and imprisonment.
(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her their identity from the seller, including, but not limited to, that persons full name, signature, address, drivers license number, and vehicle license number, and the license number of the vehicle delivering the material.
(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.
SEC. 5. Section 496e of the Penal Code is amended to read:496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:(1) A fire hydrant or any reasonably recognizable part of that hydrant.(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.(4) Backflow devices and connections to that device, or any part of that device.(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).
SEC. 5. Section 496e of the Penal Code is amended to read:
### SEC. 5.
496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:(1) A fire hydrant or any reasonably recognizable part of that hydrant.(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.(4) Backflow devices and connections to that device, or any part of that device.(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).
496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:(1) A fire hydrant or any reasonably recognizable part of that hydrant.(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.(4) Backflow devices and connections to that device, or any part of that device.(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).
496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:(1) A fire hydrant or any reasonably recognizable part of that hydrant.(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.(4) Backflow devices and connections to that device, or any part of that device.(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:(A) Ubicquia smart nodes.(B) Light-emitting diode (LED) fixtures.(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.(E) Colocation equipment.(F) Fiber optic cables.(G) Electric vehicle chargers.(H) Cameras.(I) Air quality sensors.(J) Digital banners.(K) Pedestrian and cycling counters.(6) Traffic signals and active grade crossing signals.(7) Sewer flow monitoring station equipment.(8) Sewer pump station instrumentation and controls.(9) Stormwater auto sampling equipment and instrumentation.(10) Stormwater pump station instrumentation and controls.(11) Irrigation wiring.(12) Plaques.(13) Communications or broadband infrastructure or equipment.(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).
496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:
(1) A fire hydrant or any reasonably recognizable part of that hydrant.
(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.
(3) Manhole Maintenance hole covers or lids, or any reasonably recognizable part of those manhole maintenance hole covers and lids.
(4) Backflow devices and connections to that device, or any part of that device.
(5) Streetlights and other attachments related to street lighting, including, but not limited to, all of the following:
(A) Ubicquia smart nodes.
(B) Light-emitting diode (LED) fixtures.
(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.
(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.
(E) Colocation equipment.
(F) Fiber optic cables.
(G) Electric vehicle chargers.
(H) Cameras.
(I) Air quality sensors.
(J) Digital banners.
(K) Pedestrian and cycling counters.
(6) Traffic signals and active grade crossing signals.
(7) Sewer flow monitoring station equipment.
(8) Sewer pump station instrumentation and controls.
(9) Stormwater auto sampling equipment and instrumentation.
(10) Stormwater pump station instrumentation and controls.
(11) Irrigation wiring.
(12) Plaques.
(13) Communications or broadband infrastructure or equipment.
(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three ten thousand dollars ($3,000). ($10,000).
SEC. 3.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 3.SEC. 6.