By Sabrina Barr

At the Contractors State License Board’s (CSLB) Legislative Committee meeting on November 4, 2020 (Agenda Item E), the Committee reviewed and discussed whether to accept Assemblymember Bill Quirk’s request that the Board sponsor his proposed legislation that would authorize CSLB to take disciplinary action against licensed contractors for illegal dumping of construction materials.

According to staff’s presentation to the Committee (minute 21:53), Assemblymember Quirk introduced AB 2368 on February 18, 2020, after a number of District Attorneys in various California counties raised environmental concerns about the prevalence of illegal dumping of construction materials in their communities. The prosecutors noted that illegal dumping cases involving an entity such as a construction company (as opposed to individuals) are notoriously difficult to prosecute criminally, and therefore there is no deterrent for the illegal dumping of construction materials. Accordingly, AB 2368 would have amended section 7110 of the California Business and Professions Code to authorize CSLB to take disciplinary action against contractors for illegal dumping. Given the legislature’s reduction of bills in light of the COVID-19 pandemic, Mr. Quirk withdrew the bill.

Staff further advised the Committee that Assemblymember Quirk’s office had sought significant technical assistance from CSLB staff when introducing AB 2368, that the author intends to re-introduce the same legislation in 2021, and he has requested that CSLB serve as the sponsor of the bill. According to staff’s recollection, this is somewhat significant in that it would be the first time in recent history that CSLB has been asked to sponsor a measure that did not come directly from the Board.

The Committee unanimously voted to authorize staff to present this issue to the full Board, and to request that the Board consider sponsoring the new legislation. CSLB is expected to address this issue at its December 10, 2020, public meeting.