Amended in Senate September 1, 2015

Amended in Senate August 17, 2015

Amended in Senate July 2, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 22, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 243

Introduced by Assembly Member Wood

(Coauthors: Assembly Members Rendon and Williams)

February 5, 2015

An act begin delete to add Sections 11362.769 and 11362.777 to the Health and Safety Code, to add Part 13.5 (commencing with Section 31001) to Division 2 of the Revenue and Taxation Code, and to add Section 13276 to the Water Code, end delete relating to medical marijuana, begin delete making an appropriation therefor, end delete and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 243, as amended, Wood. Medical begin delete marijuana cultivation. end delete begin insert marijuana. end insert

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(1) Existing

end delete

begin insert Existing end insert 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 and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact.

begin insert

This bill, contingent on the enactment of AB 266 and SB 643, would state the intent of the Legislature to enact legislation that would establish a dedicated funding source to address environmental damages resulting from illegal cannabis cultivation.

end insert begin delete

This bill would establish the Division of Medical Cannabis Cultivation in the Department of Food and Agriculture. The bill would authorize a county, city, or city and county to issue or deny a conditional permit to cultivate medical marijuana and would require an applicant to obtain both a conditional permit from the county, city, or city and county and a state medical marijuana cultivation license from the division prior to cultivation occurring. By increasing the duties of local officials relative to issuing a conditional permit to cultivate medical marijuana, the bill would impose a state-mandated local program.

end delete begin delete

The bill would require the division to implement an identification program for medical marijuana in consultation with the State Water Resources Control Board and the Department of Fish and Wildlife. The bill would authorize the division to charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. The bill would allow a county, city, or city and county to administer the unique identifier program, in which case the bill would authorize the county, city, or city and county, to charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant.

end delete begin delete

The bill would impose a tax in an unspecified amount on marijuana flowers, marijuana leaves, and immature marijuana plants and would require a designated entity, as specified, to collect the tax from the medical marijuana cultivator. The bill would require the State Board of Equalization to collect the tax pursuant to the procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, a violation of which is a crime, this bill would impose a state-mandated local program. The bill would require all moneys less refunds, to be deposited into the Marijuana Production and Environment Mitigation Fund, which this bill would create in the State Treasury, and continuously appropriate those moneys to the board for allocation, as specified.

end delete begin delete

The bill would require the board to adopt a system for reporting the movement of cannabis and cannabis products through the distribution chain, as specified.

end delete begin delete

The bill would require the Legislative Analyst’s Office to regularly review the tax levels established under the above provisions and make recommendations to the Legislature regarding adjustments that would further the goal of addressing the public safety and environmental impacts caused by the proliferation of marijuana cultivation.

end delete begin delete

The bill would require, on or before January 1, 2021, specified state agencies, including, among others, the division and the Department of Justice, to submit reports to the Legislature regarding implementation of the bill.

end delete begin delete

The bill would specify that its provisions regarding the unique identifier program and cultivation do not apply to certain qualified patients cultivating marijuana if the patient cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity, or to certain primary caregivers cultivating marijuana if the primary caregiver cultivates marijuana exclusively for the personal medical use of no more than 5 specified qualified patients for whom he or she is the primary caregiver and who does not receive remuneration, except as specified.

end delete begin delete

The bill would also require indoor and outdoor medical marijuana cultivation to be conducted in accordance with state and local laws and best practices related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. This bill would require state agencies to address environmental impacts of medical marijuana cultivation and coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts.

end delete begin delete

The bill would require that the multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project to address the Environmental Impacts of Cannabis Cultivation, to continue its enforcement efforts on a statewide level and permanent basis.

end delete begin delete

(2) Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state.

end delete begin delete

This bill would require each regional board, and would allow the state board, to address discharges of waste resulting from medical marijuana cultivation and associated activities.

end delete begin delete

(3) 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.

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete begin delete

(4)  This

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

Vote: ²⁄₃. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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SECTION 1.  

Section 11362.769 is added to the Health and
Safety Code, to read:

11362.769.  

Indoor and outdoor medical marijuana cultivation
shall be conducted in accordance with state and local laws and
best practices related to land conversion, grading, electricity usage,
water usage, water quality, woodland and riparian habitat
protection, agricultural discharges, and similar matters. State
agencies, including, but not limited to, the State Board of Forestry
and Fire Protection, the Department of Fish and Wildlife, the State
Water Resources Control Board, the California regional water
quality control boards, and traditional state law enforcement
agencies shall address environmental impacts of medical marijuana
cultivation and shall coordinate, when appropriate, with cities and
counties and their law enforcement agencies in enforcement efforts.

SEC. 2.  

Section 11362.777 is added to the Health and Safety
Code, to read:

11362.777.  

(a) The Division of Medical Cannabis Cultivation
is established within the Department of Food and Agriculture. The
division shall be administered by a person appointed by the
Governor and, except as specified in subdivision (c), shall
administer this section as it pertains to the cultivation of medical
marijuana.

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

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

(B) A license issued by the state pursuant to this section.

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

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

(c) (1) Except as specified in paragraph (2), and without limiting
any other local regulation, a county, city, or city and county,
through its current or future land use regulations or ordinance, may
issue or deny a conditional permit to cultivate medical marijuana
pursuant to this section. A county, city, or city and county may
inspect the intended cultivation site for suitability prior to issuing
a conditional permit. After the city, county, or city and county
have approved a conditional permit, the applicant shall apply for
a state medical marijuana cultivation license from the division. A
locally issued conditional cultivation permit shall only become
active upon licensing by the division and receiving final local
approval. A person shall not cultivate medical marijuana prior to
obtaining both a conditional permit from the county, city, or city
and county and a state medical marijuana cultivation license from
the division.

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

(d) (1) The division, in consultation with, but not limited to,
the State Water Resources Control Board and the Department of
Fish and Wildlife, shall implement a unique identification program
for medical marijuana. In implementing the program, the division
shall consider issues, including, but not limited to, water use and
environmental impacts. In implementing the program, the division
shall ensure that individual and cumulative effects of water
diversion and discharge associated with cultivation do not affect
the instream flows needed for fish spawning, migration, and
rearing, and the flows needed to maintain natural flow variability.
The division shall ensure that cultivation will not negatively impact
springs, riparian wetlands, and aquatic habitats.

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

(3) The division may charge a fee to cover the reasonable costs
of issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana plant.

(e) (1) On or before January 1, 2021, the following entities
shall submit a report to the Legislature:

(A) The multiagency task force, the Department of Fish and
Wildlife, and the State Water Resources Control Board, shall
submit a report on the project to address the Environmental Impacts
of Cannabis Cultivation and how funds allocated to those entities
pursuant to Section 31013 of the Revenue and Taxation Code have
been used for those purposes.

(B) The Department of Justice shall submit a report on how
local and state law enforcement agencies have used funds allocated
pursuant to Section 31013 of the Revenue and Taxation Code to
address illegal marijuana cultivation and related activates.

(C) The Natural Resources Agency shall submit a report on how
funds allocated to it pursuant to Section 31013 of the Revenue and
Taxation Code have been used for environmental cleanup and
restoration of public and private lands that have been damaged
from illegal marijuana cultivation.

(2) It is the intent of the Legislature to use the reports required
by this subdivision to determine the necessity of a readjustment
to the tax imposed pursuant to Part 13.5 (commencing with Section
31001) of Division 2 of the Revenue and Taxation Code.

(3) The reports required by this subdivision shall be submitted
in compliance with Section 9795 of the Government Code.

(f) A county board of supervisors or city council may adopt a
resolution or ordinance to be the responsible entity for purposes
of administering the unique identification program specified in
subdivision (d), in which case, the county board of supervisors or
city council shall designate the appropriate entity to issue the
unique identifiers. Counties may designate the local agricultural
commissioner, sheriff, or other appropriate entity. Cities may
designate the city planning and building department, the Chief of
Police, or other appropriate entity. A county, city, or city and
county may charge a fee to cover the reasonable costs of issuing
the unique identifier and monitoring, tracking, and inspecting each
medical marijuana plant, in addition to any other local fees or taxes
imposed by the county. Upon adoption of an ordinance or
resolution by the county board of supervisors or city council, the
division shall cooperate with that local jurisdiction to phase out
the division’s operation of the program.

(g) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if he or she cultivates
marijuana for his or her personal medical use and does not sell,
distribute, donate, or provide marijuana to any other person or
entity. This section does not apply to a primary caregiver
cultivating marijuana pursuant to Section 11362.5 if he or she
cultivates marijuana exclusively for the personal medical use of
no more than five specified qualified patients for whom he or she
is the primary caregiver within the meaning of Section 11362.7
and who does not receive remuneration for these activities, except
for compensation provided in full compliance with subdivision (c)
of Section 11362.765. Exemption from the requirements of this
section does not limit or prevent a city, county, or city and county
from regulating or banning the cultivation, storage, manufacture,
transport, provision, or other activity by the exempt person, or
impair the enforcement of that regulation or ban.

(h) This section does not prevent a city, county, or city and
county from doing any of the following:

(1) Adopting local ordinances, whether consistent or inconsistent
with this section, that do either of the following:

(A) Regulate the location, operation, or establishment of a
licensed medical marijuana cultivator or a person that cultivates,
processes, possesses, stores, manufactures, tests, transports,
distributes, or sells medical marijuana.

(B) Prohibit medical marijuana activity within its jurisdiction.

(2) Providing for the administrative, civil, or criminal
enforcement of the ordinances described in paragraph (1).

(3) Enacting and enforcing other laws or ordinances pursuant
to the authority granted by Section 7 of Article XI of the California
Constitution.

(i) This section does not preclude a county from establishing a
fee for the operation of a licensed medical marijuana cultivator
within the jurisdiction of the county.

(j) This section does not preempt any local ordinance regulating
or banning cultivation of medical marijuana, or otherwise prevent
or limit a city, county, or city and county from adopting or
enforcing a zoning ordinance or other law, ordinance, or regulation,
that bans or regulates the location, operation, or establishment of
an entity that cultivates medical marijuana.

SEC. 3.  

Part 13.5 (commencing with Section 31001) is added
to Division 2 of the Revenue and Taxation Code, to read:

 

PART 13.5.  Medical Marijuana Tax

 

Chapter  1. General Provisions and Definitions

 

31001.  

This part shall known and may be cited as the Medical
Marijuana Tax Law.

31002.  

As used in this part, the following terms have the
following definitions:

(a) “Marijuana” means all parts of the plant Cannabis sativa L.,
Cannabis indica, or Cannabis ruderalis, whether growing or not;
the seeds thereof; the resin, whether crude or purified, extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin.
“Cannabis” does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination. “Cannabis” also means the
separated resin, whether crude or purified, obtained from marijuana.
Without limiting the definition, “cannabis” also means marijuana
as defined by Section 11018 of the Health and Safety Code, as
enacted by Chapter 1407 of the Statutes of 1972.

(b) “Marijuana flowers” means the flowers of the plant specified
in subdivision (a). “Marijuana flowers” does not include any part
of the plant other than the flowers.

(c) “Marijuana leaves” means the leaves of the plant specified
in subdivision (a). “Marijuana leaves” does not include any part
of the plant other than the leaves.

(d) “Medical marijuana tax” means the tax imposed pursuant
to this part.

(e) “Cultivation” means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming of
marijuana.

(f) “Cultivator” means a person that plants, grows, cultivates,
harvests, dries, cures, grades, or trims medical marijuana, or that
does all or any combination of those activities.

(g) “Designated entity” means an entity defined by Section ___
of the Business and Professions Code, or an entity designated by
the board.

(h) “Immature marijuana plant” means a marijuana plant with
no observable flowers or buds.

(i) “Medical marijuana,” “medical marijuana product,” or
“marijuana product” means a product containing marijuana,
including, but not limited to, concentrates and extractions intended
to be sold for use by medical marijuana patients in California
pursuant to the Compassionate Use Act of 1996 (Section 11362.5
of the Health and Safety Code).

(j) “Sale” means the transfer of title or possession for
consideration in any manner or by any means whatever.

 

Chapter  2. Imposition of Tax

 

31005.  

(a) A marijuana tax shall be imposed upon each
cultivator and shall be collected by the designated entity at the
time of distribution at the following rates:

(1) $___ per ounce on all cannabis flowers.

(2) $___ per ounce on all cannabis leaves.

(3) $___ per immature cannabis plant.

(b) The tax imposed by this section shall be measured by the
quantities of cannabis flowers, cannabis leaves, and immature
cannabis plants sold by any cannabis cultivator to the designated
entity.

(c) The designated entity shall separately state the amount of
the tax imposed under this part on the sales receipt given by the
designated entity to the licensed medical marijuana cultivator at
the time of sale.

(d) Any claim for exemption from the tax pursuant to this part
shall be made to the board in the manner prescribed by the board.

31006.  

The Legislative Analyst’s Office shall regularly review
the tax levels established under this part and make
recommendations to the legislature, as appropriate, regarding
adjustments that would further the goal of addressing public safety
and the environmental impacts caused by the proliferation of
marijuana cultivation.

 

Chapter  3. Administration

 

31010.  

(a) The board shall administer and collect the tax
imposed by this part pursuant to the Fee Collection Procedures
Law (Part 30 (commencing with Section 55001) of Division 2 of
the Revenue and Taxation Code) with those changes as may be
necessary to conform to this section. For purposes of this part, the
references in the Fee Collection Procedures Law to “fee” shall
include the tax imposed by this part, and references to “feepayer”
shall include a person required to pay the cannabis tax imposed
by this part.

(b) The tax that is required to be collected by the designated
entity, and any amount unreturned to the medical marijuana
cultivator that is not owed as part of the tax, but was collected
from the medical marijuana cultivator under the representation by
the designated entity that it was owed as a tax, constitutes debts
owed by the designated entity to the state.

(c) A medical marijuana cultivator is liable for the tax until it
has been paid to the state, except that payment to the designated
entity relieves the medical marijuana cultivator from further
liability for the tax. Any tax collected from a medical marijuana
cultivator that has not been remitted to the board shall be a debt
owed to the state by the designated entity required to collect and
remit the tax. This part does not impose any obligation upon the
designated entity to take any legal action to enforce the collection
of the tax imposed by this part.

31011.  

(a) The board may prescribe, adopt, and enforce
regulations relating to the implementation, administration, and
enforcement of this part, including, but not limited to, applicant
requirements, collections, reporting, refunds, and appeals.

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

31012.  

(a) The marijuana tax is due and payable to the board
quarterly on or before the last day of the month following each
calendar quarter.

(b) On or before the last day of the month following each
calendar quarter, a return for the preceding calendar quarter shall
be filed using electronic media with the board.

(c) Returns shall be authenticated in a form or pursuant to
methods as may be prescribed by the board.

31013.  

(a) The Marijuana Production and Environment
Mitigation Fund is hereby created in the State Treasury. The fund
shall consist of all medical marijuana taxes, interest, penalties, and
other amounts collected and paid to the board pursuant to this part,
less payments of refunds and reimbursement to the board for
expenses incurred in the administration and collection of the
medical marijuana tax.

(b) Notwithstanding Section 13340 of the Government Code,
all moneys deposited in the Marijuana Production and Environment
Mitigation Fund are hereby continuously appropriated, without
regard to fiscal years, in the following manner:

(1) Ten percent to the Division of Medical Cannabis Cultivation
to administer the unique identifier program specified in Section
11362.777 of the Health and Safety Code.

(2) Thirty percent to the Division of Medical Cannabis
Cultivation for disbursement to local law enforcement-related
activities, state law enforcement-related activities, or both,
pertaining to illegal marijuana cultivation. Funds allocated pursuant
to this subparagraph shall be allocated on a competitive grant
application process administered by the Division of Medical
Cannabis Cultivation. The Division of Medical Cannabis
Cultivation shall promulgate guidelines for the grant process as
soon as administratively possible, but no later than April 1, 2016.

(3) Thirty percent to the Natural Resources Agency to fund a
competitive grant program for environmental cleanup and
restoration of public and private lands that have been damaged by
illegal marijuana cultivation. Funds allocated pursuant to this
subparagraph shall be prioritized to restoration and cleanup
projects, on public or private lands, based on the level of damages
that have occurred. Not less than 35 percent of the funds shall be
used for these purposes related to public lands, and not less than
20 percent of the funds collected shall be used for these purposes
in regard to private lands. The agency shall consult and partner
with counties, cities, or cities and counties, and may partner with
nonprofit organizations recognized by the California Attorney
General’s office, other appropriate state agencies, and the
appropriate federal entities, including, but not limited to, the United
States Department of Agriculture and the United States Department
of the Interior, for the purposes of awarding grants to state or local
government entities and nonprofit organizations that engage in
environmental cleanup and restoration. The agency shall
promulgate guidelines for the grant process as soon as
administratively possible, but no later than April 1, 2016.

(4) Thirty percent to the multiagency task force, the Department
of Fish and Wildlife and State Water Resources Control Board
pilot project to address the Environmental Impacts of Cannabis
Cultivation and to respond to the damages caused by marijuana
cultivation on public and private lands in California, specified in
Section 13276 of the Water Code.

 

Chapter  4. Track and Trace Process

 

31020.  

The board shall adopt a system for reporting the
movement of cannabis and cannabis products throughout the
distribution chain. The system shall also employ secure packaging
and be capable of providing information to the board. This system
shall capture, at a minimum, all of the following:

(a) The amount of tax due by the designated entity.

(b) The name, address, and license number of the designated
entity that remitted the tax.

(c) The name, address, and license number of the succeeding
entity receiving the product.

(d) The transaction date.

(e) Any other information deemed necessary by the board for
the taxation and regulation of marijuana and marijuana products.

31021.  

(a) The board shall submit a report to the Legislature
on the total amount of revenue that was collected for the five-year
period from the operative date of the tax imposed pursuant to this
part. The report is due to the Legislature on or before the last day
of the month commencing 180 days after the 5-year period from
the operative date of the tax imposed under this part.

(b) The report required by this section shall be submitted in
compliance with Section 9795 of the Government Code.

 

Chapter  5. Operative Date and Funding

 

31030.  

This part shall become operative on or after the first
day of the first calendar quarter commencing more than 270 days
after adequate funding has been received by the board to implement
and administer this part, or on or after the first day of the first
calendar quarter commencing more than 180 days from the
adoption and funding of the cannabis track and trace process
required pursuant to Section 31020, whichever is later. The board
shall post a notice on its Internet Web site when this requirement
has been satisfied.

31031.  

Funds for the establishment and support of the
regulatory activities required pursuant to this part shall be advanced
as a General Fund or special fund loan, and shall be repaid by the
board from the initial proceeds from fees collected pursuant to this
part or any rule or regulation adopted pursuant to this part, no later
than six months after the operative date specified in Section 31030.

SEC. 4.  

Section 13276 is added to the Water Code, to read:

13276.  

(a) The multiagency task force, the Department of Fish
and Wildlife and State Water Resources Control Board pilot project
to address the Environmental Impacts of Cannabis Cultivation,
assigned to respond to the damages caused by marijuana cultivation
on public and private lands in California, shall continue its
enforcement efforts on a permanent basis and expand them to a
statewide level to ensure the reduction of adverse impacts of
marijuana cultivation on water quality and on fish and wildlife
throughout the state.

(b) Each regional board shall, and the State Water Resources
Control Board may, address discharges of waste resulting from
medical marijuana cultivation and associated activities, including
by adopting a general permit, establishing waste discharge
requirements, or taking action pursuant to Section 13269. In
addressing these discharges, each regional board shall include
conditions to address items that include, but are not limited to, all
of the following:

(c) Site development and maintenance, erosion control, and
drainage features.

(d) Stream crossing installation and maintenance.

(e) Riparian and wetland protection and management.

(f) Soil disposal.

(g) Water storage and use.

(h) Irrigation runoff.

(i) Fertilizers and soil.

(j) Pesticides and herbicides.

(k) Petroleum products and other chemicals.

(l) Cultivation-related waste.

(m) Refuse and human waste.

(n) Cleanup, restoration, and mitigation.

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

It is the intent of the Legislature to enact
legislation that would establish a dedicated funding source to
address environmental damages resulting from illegal cannabis
cultivation.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

This measure shall become operative only if both
Assembly Bill 266 and Senate Bill 643 of the 2015-16 Regular
Session are enacted and become operative.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 3. end insert   

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

In order to address the damage done by illegal marijuana
cultivation at the earliest time possible, it is necessary that this act
take effect immediately.