Bill Text: CA AB476 | 2025-2026 | Regular Session | Introduced
Bill Title: Junk dealers and recyclers: nonferrous metals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-24 - Referred to Com. on B. & P. [AB476 Detail]
Download: California-2025-AB476-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 476
| Introduced by Assembly Member Mark González |
February 10, 2025 |
An act to amend Section 21606 of, and to add Section 21611 to, the Business and Professions Code, relating to business, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 476, as introduced, Mark González.
Junk dealers and recyclers: nonferrous metals.
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 driver’s 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.
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: YESBill 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 and date place, date, time, and amount paid of each sale or purchase of junk made in the conduct of his or her their business as a junk dealer or recycler.
recycler and the name of the employee handling the transaction.
(2) One of the following methods of identification:
(A) The name, valid driver’s license 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 seller’s 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 seller’s name.
(3) The vehicle license number,
including the state of issue, of any motor vehicle used in transporting the junk to the junk dealer’s or recycler’s 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 dealer’s or recycler’s place of business.
(5) A description of the item or items of junk purchased or sold, including the item type and quantity, and identification number, if visible. 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 he or she 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 contractor’s 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 contractor’s license that the seller has been designated as the owner’s 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 seller’s 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.
(b)
(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.
(c)
(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 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 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 applicant’s 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.
