1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY COUNCIL PRESIDENT KEVIN JENKINS AND
COUNCILMEMBER KEN HOUSTON
RESOLUTION IN SUPPORT OF ASSEMBLY BILL 2310 (CARRILLO) TO
EXPAND ILLEGAL DUMPING PENALTIES AND PROHIBITIONS UNDER PENAL CODE SECTION 374.3, INCLUDING TRANSPORTATION FOR THE
PURPOSE OF ILLEGAL DUMPING DISPOSAL
WHEREAS, illegal dumping of waste matter, including construction debris such as rocks, concrete, asphalt, and dirt, poses significant threats to public health, environmental quality, neighborhood safety, and municipal resources; and
WHEREAS, existing provisions of California penal code section 374.3 prohibit the dumping of waste in public and private spaces without authorization, but enforcement challenges persist due to gaps in addressing the transportation of waste for illegal disposal; and WHEREAS, California Assembly bill 2310 (AB 2310) strengthens state law by making it unlawful to transport waste for the purpose of illegal dumping, thereby targeting activity upstream and improving enforcement capabilities; and
WHEREAS, the bill establishes escalating penalties for repeat violations, including misdemeanor charges upon a fourth offense, and increases penalties for commercial -scale dumping, including potential felony exposure for large-volume violations; and WHEREAS, the bill clarifies that property owners and persons with permission may not deposit or transport waste on private property where permits are required but not obtained, or where such activity creates a public health, nuisance, or fire hazard; and WHEREAS, illegal dumping disproportionately impacts disadvantaged communities, burdens local governments with cleanup costs, and undermines community beautification and environmental sustainability efforts; and
WHEREAS, enhanced enforcement tools and clearer statutory authority under AB 2310 will assist local jurisdictions in preventing illegal dumping and recovering cleanup costs from responsible parties; now, therefore, be it
RESOLVED: that the City Council of the City of Oakland hereby supports AB 2310 and urges the California State Legislature and the Governor to enact it; and be it FURTHER RESOLVED: That the City Administrator shall work with the City’s State Lobbyist to distribute the City’s support position on AB 2310 to various members of the California Legislature.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
CITY CLERK AND CLERK OF THE COUNCIL OF
THE CITY OF OAKLAND, CALIFORNIA
3466391 / OL