Amended in Senate January 4, 2016

Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 21


Introduced by Assemblybegin delete Member Pereaend deletebegin insert Members Bonta, Cooley, Jones-Sawyer, Lackey, and Woodend insert

begin delete

(Coauthor: Assembly Member Daly)

end delete
begin insert

(Principal coauthor: Senator McGuire)

end insert

December 1, 2014


An act to amendbegin delete Sections 38501 and 38561 of the Health and Safety Code, relating to greenhouse gases.end deletebegin insert Section 11362.777 of the Health and Safety Code, relating to medical marijuana, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 21, as amended, begin deletePereaend delete begin insertBontaend insert. begin deleteCalifornia Global Warming Solutions Act of 2006: scoping plan. end deletebegin insertMedical marijuana: cultivation licenses.end insert

begin insert

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. Existing law provides that if a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, commencing March 1, 2016, the Department of Food and Agriculture is the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county.

end insert
begin insert

This bill would delete the provision that grants the department the sole licensing authority under those circumstances.

end insert
begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert
begin delete

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990.

end delete
begin delete

The act also requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions.

end delete
begin delete

This bill would require the state board in preparing its scoping plan to consult with specified state agencies regarding matters involving energy efficiency and the facilitation of the electrification of the transportation sector.

end delete
begin delete

This bill also would make various findings and declarations.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11362.777 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert

3

11362.777.  

(a) The Department of Food and Agriculture shall
4establish a Medical Cannabis Cultivation Program to be
5administered by the secretarybegin insert andend insert, except as specified in
6subdivision (c), shall administer this section as it pertains to the
7cultivation of medical marijuana. For purposes of this section and
8Chapter 3.5 (commencing with Section 19300) of the Business
9and Professions Code, medical cannabis is an agricultural product.

10(b) (1) A person or entity shall not cultivate medical marijuana
11without first obtaining both of the following:

12(A) A license, permit, or other entitlement, specifically
13permitting cultivation pursuant to these provisions, from the city,
14county, or city and county in which the cultivation will occur.

P3    1(B) A state license issued by the department pursuant to this
2section.

3(2) A person or entity shall not submit an application for a state
4license issued by the department pursuant to this section unless
5that person or entity has received a license, permit, or other
6entitlement, specifically permitting cultivation pursuant to these
7provisions, from the city, county, or city and county in which the
8cultivation will occur.

9(3) A person or entity shall not submit an application for a state
10license issued by the department pursuant to this section if the
11proposed cultivation of marijuana will violate the provisions of
12any local ordinance or regulation, or if medical marijuana is
13prohibited by the city, county, or city and county in which the
14cultivation is proposed to occur, either expressly or otherwise
15under principles of permissive zoning.

16(c) (1) Except as otherwise specified in this subdivision, and
17without limiting any other local regulation, a city, county, or city
18and county, through its current or future land use regulations or
19ordinance, may issue or deny a permit to cultivate medical
20marijuana pursuant to this section. A city, county, or city and
21county may inspect the intended cultivation site for suitability prior
22to issuing a permit. After the city, county, or city and county has
23approved a permit, the applicant shall apply for a state medical
24marijuana cultivation license from the department. A locally issued
25cultivation permit shall only become active upon licensing by the
26department and receiving final local approval. A person shall not
27cultivate medical marijuana prior to obtaining both a permit from
28the city, county, or city and county and a state medical marijuana
29cultivation license from the department.

30(2) A city, county, or city and county that issues or denies
31conditional licenses to cultivate medical marijuana pursuant to this
32section shall notify the department in a manner prescribed by the
33secretary.

34(3) A city, county, or city and county’s locally issued conditional
35permit requirements must be at least as stringent as the
36department’s state licensing requirements.

begin delete

37(4) If a city, county, or city and county does not have land use
38regulations or ordinances regulating or prohibiting the cultivation
39of marijuana, either expressly or otherwise under principles of
40permissive zoning, or chooses not to administer a conditional
P4    1permit program pursuant to this section, then commencing March
21, 2016, the division shall be the sole licensing authority for
3medical marijuana cultivation applicants in that city, county, or
4city and county.

end delete

5(d) (1) The secretary may prescribe, adopt, and enforce
6regulations relating to the implementation, administration, and
7enforcement of this part, including, but not limited to, applicant
8requirements, collections, reporting, refunds, and appeals.

9(2) The secretary may prescribe, adopt, and enforce any
10emergency regulations as necessary to implement this part. Any
11emergency regulation prescribed, adopted, or enforced pursuant
12to this section shall be adopted in accordance with Chapter 3.5
13 (commencing with Section 11340) of Part 1 of Division 3 of Title
142 of the Government Code, and, for purposes of that chapter,
15including Section 11349.6 of the Government Code, the adoption
16of the regulation is an emergency and shall be considered by the
17Office of Administrative Law as necessary for the immediate
18preservation of the public peace, health and safety, and general
19welfare.

20(3) The secretary may enter into a cooperative agreement with
21a county agricultural commissioner to carry out the provisions of
22this chapter, including, but not limited to, administration,
23investigations, inspections, licensing and assistance pertaining to
24the cultivation of medical marijuana. Compensation under the
25cooperative agreement shall be paid from assessments and fees
26collected and deposited pursuant to this chapter and shall provide
27reimbursement to the county agricultural commissioner for
28associated costs.

29(e) (1) The department, in consultation with, but not limited
30to, the Bureau of Medical Marijuana Regulation, the State Water
31Resources Control Board, and the Department of Fish and Wildlife,
32shall implement a unique identification program for medical
33marijuana. In implementing the program, the department shall
34consider issues, including, but not limited to, water use and
35environmental impacts. In implementing the program, the
36department shall ensure that:

37(A) Individual and cumulative effects of water diversion and
38discharge associated with cultivation do not affect the instream
39flows needed for fish spawning, migration, and rearing, and the
40flows needed to maintain natural flow variability.

P5    1(B) Cultivation will not negatively impact springs, riparian
2wetlands, and aquatic habitats.

3(2) The department shall establish a program for the
4identification of permitted medical marijuana plants at a cultivation
5site during the cultivation period. The unique identifier shall be
6attached at the base of each plant. A unique identifier, such as, but
7not limited to, a zip tie, shall be issued for each medical marijuana
8plant.

9(A) Unique identifiers will only be issued to those persons
10appropriately licensed by this section.

11(B) Information associated with the assigned unique identifier
12and licensee shall be included in the trace and track program
13specified in Section 19335 of the Business and Professions Code.

14(C) The department may charge a fee to cover the reasonable
15costs of issuing the unique identifier and monitoring, tracking, and
16inspecting each medical marijuana plant.

17(D) The department may promulgate regulations to implement
18this section.

19(3) The department shall take adequate steps to establish
20protections against fraudulent unique identifiers and limit illegal
21diversion of unique identifiers to unlicensed persons.

22(f) (1) A city, county, or city and county that issues or denies
23licenses to cultivate medical marijuana pursuant to this section
24shall notify the department in a manner prescribed by the secretary.

25(2) Unique identifiers and associated identifying information
26administered by a city or county shall adhere to the requirements
27set by the department and be the equivalent to those administered
28by the department.

29(g) This section does not apply to a qualified patient cultivating
30marijuana pursuant to Section 11362.5 if the area he or she uses
31to cultivate marijuana does not exceed 100 square feet and he or
32she cultivates marijuana for his or her personal medical use and
33does not sell, distribute, donate, or provide marijuana to any other
34person or entity. This section does not apply to a primary caregiver
35cultivating marijuana pursuant to Section 11362.5 if the area he
36or she uses to cultivate marijuana does not exceed 500 square feet
37and he or she cultivates marijuana exclusively for the personal
38medical use of no more than five specified qualified patients for
39whom he or she is the primary caregiver within the meaning of
40Section 11362.7 and does not receive remuneration for these
P6    1activities, except for compensation provided in full compliance
2with subdivision (c) of Section 11362.765. For purposes of this
3section, the area used to cultivate marijuana shall be measured by
4the aggregate area of vegetative growth of live marijuana plants
5on the premises. Exemption from the requirements of this section
6does not limit or prevent a city, county, or city and county from
7regulating or banning the cultivation, storage, manufacture,
8transport, provision, or other activity by the exempt person, or
9impair the enforcement of that regulation or ban.

10begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
11immediate preservation of the public peace, health, or safety within
12the meaning of Article IV of the Constitution and shall go into
13immediate effect. The facts constituting the necessity are:

end insert
begin insert

14To allow local governments to protect the health of their citizens
15by regulating marijuana at the earliest possible date, it is necessary
16that this act take effect immediately.

end insert
begin delete
17

SECTION 1.  

Section 38501 of the Health and Safety Code is
18amended to read:

19

38501.  

The Legislature finds and declares all of the following:

20(a) Global warming poses a serious threat to the economic
21well-being, public health, natural resources, and the environment
22of California. The potential adverse impacts of global warming
23include the exacerbation of air quality problems, a reduction in
24the quality and supply of water to the state from the Sierra
25snowpack, a rise in sea levels resulting in the displacement of
26thousands of coastal businesses and residences, damage to marine
27ecosystems and the natural environment, and an increase in the
28incidences of infectious diseases, asthma, and other human
29health-related problems.

30(b) Global warming will have detrimental effects on some of
31California’s largest industries, including agriculture, wine, tourism,
32skiing, recreational and commercial fishing, and forestry. It will
33also increase the strain on electricity supplies necessary to meet
34the demand for summer air-conditioning in the hottest parts of the
35state.

36(c) California has long been a national and international leader
37on energy conservation and environmental stewardship efforts,
38including the areas of air quality protections, energy efficiency
39requirements, renewable energy standards, natural resource
40conservation, and greenhouse gas emissions standards for passenger
P7    1vehicles. The program established by this division will continue
2this tradition of environmental leadership by placing California at
3the forefront of national and international efforts to reduce
4emissions of greenhouse gases.

5(d) National and international actions are necessary to fully
6address the issue of global warming. However, action taken by
7California to reduce emissions of greenhouse gases will have
8far-reaching effects by encouraging other states, the federal
9government, and other countries to act.

10(e) By exercising a global leadership role, California will also
11position its economy, technology centers, financial institutions,
12and businesses to benefit from national and international efforts
13to reduce emissions of greenhouse gases. More importantly,
14investing in the development of innovative and pioneering
15technologies will assist California in achieving the 2020 statewide
16limit on emissions of greenhouse gases established by this division
17and will provide an opportunity for the state to take a global
18 economic and technological leadership role in reducing emissions
19of greenhouse gases.

20(f) It is the intent of the Legislature that the State Air Resources
21Board coordinate with state agencies, as well as consult with the
22environmental justice community, industry sectors, business
23groups, academic institutions, environmental organizations, and
24other stakeholders, in implementing this division.

25(g) It is the intent of the Legislature that the State Air Resources
26Board consult with the Public Utilities Commission in the
27development of emissions reduction measures, including limits on
28emissions of greenhouse gases applied to electricity and natural
29gas providers regulated by the Public Utilities Commission in order
30to ensure that electricity and natural gas providers are not required
31to meet duplicative or inconsistent regulatory requirements.

32(h) It is the intent of the Legislature that the State Air Resources
33Board design emissions reduction measures to meet the statewide
34emissions limits for greenhouse gases established pursuant to this
35division in a manner that cleans the environment in ways that are
36cost effective for California residents, minimizes costs and
37maximizes benefits for California’s economy, improves and
38modernizes California’s energy infrastructure and maintains electric
39system reliability, maximizes additional environmental and
P8    1economic co-benefits for California, and complements the state’s
2efforts to improve air quality.

3(i) It is the intent of the Legislature that the Climate Action
4Team established by the Governor to coordinate the efforts set
5forth under Executive Order S-3-05 continue its role in
6coordinating overall climate policy.

7

SEC. 2.  

Section 38561 of the Health and Safety Code is
8amended to read:

9

38561.  

(a) (1) On or before January 1, 2009, the state board
10shall prepare and approve a scoping plan, as that term is understood
11by the state board, for achieving the maximum technologically
12feasible and cost-effective reductions in greenhouse gas emissions
13from sources or categories of sources of greenhouse gases by 2020
14under this division.

15(2) The state board shall consult with all state agencies with
16jurisdiction over sources of greenhouse gases, including the Public
17Utilities Commission and the State Energy Resources Conservation
18and Development Commission, in developing all elements of its
19plan that pertain to energy-related matters including, but not limited
20to, electrical generation, energy efficiency, load based-standards
21or requirements, the provision of reliable and affordable electrical
22service, petroleum refining, the facilitation of the electrification
23of the transportation sector, and statewide fuel supplies to ensure
24the greenhouse gas emissions reduction activities to be adopted
25and implemented by the state board are complementary,
26nonduplicative, and can be implemented in an efficient and
27cost-effective manner.

28(b) The plan shall identify and make recommendations on direct
29emissions reduction measures, alternative compliance mechanisms,
30market-based compliance mechanisms, and potential monetary
31and nonmonetary incentives for sources and categories of sources
32that the state board finds are necessary or desirable to facilitate
33the achievement of the maximum feasible and cost-effective
34reductions of greenhouse gas emissions by 2020.

35(c) In making the determinations required by subdivision (b),
36the state board shall consider all relevant information pertaining
37to greenhouse gas emissions reduction programs in other states,
38localities, and nations, including the northeastern states of the
39United States, Canada, and the European Union.

P9    1(d) The state board shall evaluate the total potential costs and
2total potential economic and noneconomic benefits of the plan for
3reducing greenhouse gases to California’s economy, environment,
4and public health, using the best available economic models,
5emission estimation techniques, and other scientific methods.

6(e) In developing its plan, the state board shall take into account
7the relative contribution of each source or source category to
8statewide greenhouse gas emissions, and the potential for adverse
9effects on small businesses, and shall recommend a de minimis
10threshold of greenhouse gas emissions below which emissions
11reduction requirements will not apply.

12(f) In developing its plan, the state board shall identify
13opportunities for emissions reduction measures from all verifiable
14and enforceable voluntary actions, including, but not limited to,
15carbon sequestration projects and best management practices.

16(g) The state board shall conduct a series of public workshops
17to give interested parties an opportunity to comment on the plan.
18The state board shall conduct a portion of these workshops in
19regions of the state that have the most significant exposure to air
20pollutants, including, but not limited to, communities with minority
21populations, communities with low-income populations, or both.

22(h) The state board shall update its plan for achieving the
23maximum technologically feasible and cost-effective reductions
24of greenhouse gas emissions at least once every five years.

end delete


O

    97