Contractors: debris removal., the official text

An act to add Section 7058.9 to the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Contractors State License Law, provides for the licensure and regulation of contractors by the Contractors State License Board. Existing law prohibits contractors from performing specified acts. Existing law requires the Department of Resources Recycling and Recovery or another state agency tasked to manage contracts for wildfire debris cleanup and removal by the Office of Emergency Services to prequalify contractors to enter into contracts to perform prescribed wildfire debris cleanup and removal work in communities impacted by wildfires.
Notwithstanding the prequalification requirement, this bill would prohibit a contractor from engaging in debris removal on residential property that is damaged or destroyed by a natural disaster for which an emergency or major disaster is declared, unless the contractor has one of specified license or classifications, as provided. The bill would require any licensee authorized to perform debris removal under these provisions to have passed an approved hazardous substance certification examination and comply with hazardous waste operation and emergency response requirements, as specified.

The people of the State of California do enact as follows:

SECTION 1.
Section 7058.9 is added to the Business and Professions Code, to read:
7058.9.
(a) Notwithstanding Section 40520 of the Public Resources Code, a contractor shall not engage in debris removal, including muck out and ash out, on residential property that is damaged or destroyed by a natural disaster for which a state of emergency is declared by the Governor, pursuant to Section 8625 of Government Code, or for which an emergency or major disaster is declared by the President of the United States, unless the contractor has one of the following licenses or classifications:
(1) A - General Engineering Contractor.
(2) B - General Building Contractor.
(3) C-12 - Earthwork and Paving.
(4) C-21 - Building Moving/Demolition.
(5) (A) C-49 - Tree and Palm.
(B) Debris removal pursuant to this paragraph shall be limited to tree service and removal only.
(b) Any licensee authorized to perform debris removal pursuant to this section shall have passed an approved hazardous substance certification examination pursuant to Section 7058.7 and shall comply with the hazardous waste operations and emergency response requirements pursuant to Section 5192 of Title 8 of the California Code of Regulations.
(c) This section shall apply when a permit is required for debris removal resulting from a natural disaster, as described in subdivision (a), and the restrictions for debris removal, including muck out and ash out, pursuant to this section shall no longer apply after any needed debris removal, including muck out or ash out, is deemed completed or finalized by the local permitting agency, irrespective of whether an emergency proclamation or disaster declaration is still in effect.
(d) For the purposes of this section, the following terms have the following meanings:
(1) “Debris” means debris from, or located on, a residential property as a result of a natural disaster. “Debris” does not include any materials unrelated to the declared emergency or disaster.
(2) “Debris removal” means appropriate identification, encapsulation, transportation, and disposal of debris.