Skip to main content

Bus. & Prof. Code, § 21609.1 · Article 3. Junk

Bus. & Prof. Code, § 21609.1

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) A junk dealer or recycler shall not possess any 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:

(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) Reasonably recognizable street lights, traffic signals, and their reasonably recognizable related equipment, including, but not limited to, all of the following:

(A) Controller devices.

(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) Conductors, wiring, and cabling, including fiber optic cables.

(G) Cameras.

(H) Air quality sensors.

(I) Digital banners and signs.

(J) Pedestrian and cycling counters.

(6) 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.

(14) Electric vehicle chargers.

(15) Water meters and water meter components.

(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 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 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.

Notes and commentary — not statutory text

History

Amended by Stats. 2025, Ch. 694, Sec. 2. (AB 476) Effective January 1, 2026.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=21609.1.
Text hash
sha256 1aafc8e0198abf2f50ba4de99a074f5e1d0c648b95ccdfa8f009b4233e9d7d65
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

This section cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Cited by 2 provisions

Provisions in this library whose text cites Bus. & Prof. Code, § 21609.1. Each shows the citation as that text prints it.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.