BILL ANALYSIS �
AB 2284
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 2284 (Chesbro) - As Amended: April 11, 2012
SUBJECT : Marijuana Cultivation; Fish and Game Violations
SUMMARY : Imposes additional penalties for specified Fish and
Game Code violations connected to marijuana cultivation in a
state park, state forest, or timberlands, and establishes a
pilot project authorizing law enforcement to stop a vehicle
transporting agricultural supplies onto such lands upon
reasonable belief the supplies will be used for marijuana
cultivation. Specifically, this bill :
1)States legislative findings and declarations regarding the
prevalence of illegal marijuana cultivation as a result of
closures and lack of staffing at state parks, and the hazards,
public safety risks, and environmental resource damages
created by illegal marijuana growing on public lands.
2)Provides that in addition to any other penalties imposed under
law, a person found to be in violation of provisions of the
Fish and Game Code relating to streambed alteration, water
pollution, or refuse disposal in waters, in connection with
marijuana cultivation on a unit of the state park system,
state forest, or timberland shall be liable for an additional
civil penalty in the following amounts for each violation:
a) For streambed alterations, $10,000;
b) For water pollution, $40,000;
c) For refuse disposal, $40,000.
3)Provides that the civil penalties collected for these
violations shall not be considered fines or forfeitures, and
shall be apportioned as follows: 30% to the county in which
the violation occurred which shall use the funds first to
reimburse the district attorney or city attorney for any costs
incurred; 30% to the lead investigating agency to reimburse
for direct costs of the investigation; and 40% to the primary
investigating agency for reimbursement of all reasonable costs
associated with the clean up or abatement of the marijuana
cultivation site.
4)Authorizes a member of the California Highway Patrol (CHP) to
AB 2284
Page 2
stop a vehicle transporting agricultural irrigation supplies
that are in plain view within the boundaries of a state park,
state forest, federal forest, or on timberland, and inspect
the bills of lading, shipping papers or other evidence to
determine whether the driver is in legal possession of the
load, and upon reasonable belief that the driver is not in
legal possession, to take custody of the vehicle and the load
and turn them over to the sheriff of the county in which the
supplies are apprehended. Authorizes the sheriff or deputy
sheriff to take the same action.
EXISTING LAW :
1)Makes it unlawful to substantially divert or obstruct the
natural flow, or alter the bed, channel or bank, of a stream
without a permit from the Department of Fish and Game (DFG).
2)Makes it unlawful to deposit specified pollutants in the
waters of the state, subject to a civil penalty of up to
$25,000 per violation. Makes it unlawful to dispose of refuse
in the waters of the state.
3)Makes violation of most provisions of the Fish and Game Code a
misdemeanor, subject to specified fines and penalties.
FISCAL EFFECT : Unknown
COMMENTS : This bill has been introduced in response to ongoing
problems with illegal marijuana cultivation on state parks and
other resource lands. This bill increases civil penalties for
three commonly charged violations associated with marijuana
cultivation - streambed alteration, water pollution and refuse
disposal. Increasing the penalties for these violations would
allow law enforcement agencies responsible for investigation,
enforcement and clean-up to recuperate the costs spent in
response to illegal marijuana growing in state parks and other
resource lands. This bill also authorizes local law enforcement
agencies to stop vehicles they see entering resource lands with
agricultural supplies, to inspect documents and other evidence
to determine if the driver is in legal possession of the load,
and to take custody of the load if it is determined that they
are not.
AB 2284
Page 3
The author notes in support of the bill that "Law enforcement
agencies dedicate many hours to building cases against those
responsible for grow sites and often are not successful in
prosecuting those cases?Illegal marijuana cultivation on
resource land has become a significant problem in my district
and many other parts of the state. Growing marijuana on state
and private resource land presents a public safety and
environmental hazard. People can no longer rely on these lands
as a safe place to recreate and large scale damage is being done
to the immediate grow site and surrounding areas?.This bill
would give law enforcement agencies the tools to prevent the
establishment of illegal marijuana grow sites on resource land
and to recuperate some of the resources spent to investigate,
eradicate and clean up grow sites."
Data from DFG covering the six month period from July 2011 to
February 2012 indicates arrests for marijuana cultivation by
Fish and Game Wardens represented 89% of all habitat-related
arrests and 26% of total arrests, and marijuana eradication and
reclamation efforts represented 23% of the total reported time
spent by wardens on habitat activity. Thirty three of
California's 58 counties, or 57%, reported marijuana eradication
activity during that time period, with 3 counties (Tehama,
Mendocino and Lake) representing almost 80% of the total
arrests. To give a sense of the magnitude of the natural
resource damage occurring, Operation Trident, during a 7 week
reclamation effort, removed 89,590 lbs of debris, 451,975 feet
or 93.3 miles of drip line irrigation, 10,866 lbs of
fertilizers, 3,856 ounces of pesticides or 240 lbs of
pesticides, poisons and herbicides, 124 large propane tanks, and
24 car batteries. A total of 393 acres of public lands were
cleaned up and over 545,000 marijuana plants eradicated.
The High Sierra Volunteer Trail Crew, a nonprofit organization
involved in resource reclamation work, notes there is ample
evidence of the use of fertilizers, pesticides, rodenticides,
and herbicides at illegal marijuana grow sites. Other impacts
include water diversions from natural streams for irrigation,
plastic irrigation drip line tubing, fertilizers and other
chemicals entering waterways, use of illegal and toxic
rodenticides and pesticides, poaching of wildlife, and trash
dumping. They estimate that the costs to reclaim one grow site
per-day costs between $7,500 and $10,000 on average.
Proposed Amendments : Amendments proposed by the author for
AB 2284
Page 4
adoption in this committee would:
1)Expand the illegal activities to which this bill applies to
include production of other controlled substances such as
methamphetamine in addition to marijuana cultivation;
2)Expand the public lands to which this bill applies to include
lands under the jurisdiction of the Department of Parks &
Recreation, the Department of Fish and Game, CalFIRE, the U.S.
Forest Service, the Bureau of Land Management, and timberland
preserve zones;
3)Clarify that the roads which law enforcement is authorized to
stop and inspect vehicles transporting agricultural irrigation
supplies on are limited to rock or unpaved roads within the
jurisdiction of the above entities.
4)Define "agricultural irrigation supplies" and "timberland
preserve zone" for these purposes.
5)Provide that the authority to stop, inspect and take custody
of a vehicle under this bill does not authorize the
impoundment of the vehicle if the driver's only offense is
driving without a license, and require the law enforcement
officer to make a reasonable attempt to identify the
registered owner of the vehicle and to release the vehicle to
the registered owner or another licensed driver as authorized
by the owner.
6)State legislative intent that this bill not contradict the
Compassionate Use Act of 1996 relating to medical marijuana.
7)Make technical codification changes.
8)Add a severability clause.
REGISTERED SUPPORT / OPPOSITION :
Support
California Waterfowl Association
County of Mendocino
County of Mendocino, Office of the Sheriff-Coroner
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
AB 2284
Page 5
�
AB 2284
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 2284 (Chesbro) - As Amended: April 11, 2012
SUBJECT : Marijuana Cultivation; Fish and Game Violations
SUMMARY : Imposes additional penalties for specified Fish and
Game Code violations connected to marijuana cultivation in a
state park, state forest, or timberlands, and establishes a
pilot project authorizing law enforcement to stop a vehicle
transporting agricultural supplies onto such lands upon
reasonable belief the supplies will be used for marijuana
cultivation. Specifically, this bill :
1)States legislative findings and declarations regarding the
prevalence of illegal marijuana cultivation as a result of
closures and lack of staffing at state parks, and the hazards,
public safety risks, and environmental resource damages
created by illegal marijuana growing on public lands.
2)Provides that in addition to any other penalties imposed under
law, a person found to be in violation of provisions of the
Fish and Game Code relating to streambed alteration, water
pollution, or refuse disposal in waters, in connection with
marijuana cultivation on a unit of the state park system,
state forest, or timberland shall be liable for an additional
civil penalty in the following amounts for each violation:
a) For streambed alterations, $10,000;
b) For water pollution, $40,000;
c) For refuse disposal, $40,000.
3)Provides that the civil penalties collected for these
violations shall not be considered fines or forfeitures, and
shall be apportioned as follows: 30% to the county in which
the violation occurred which shall use the funds first to
reimburse the district attorney or city attorney for any costs
incurred; 30% to the lead investigating agency to reimburse
for direct costs of the investigation; and 40% to the primary
investigating agency for reimbursement of all reasonable costs
associated with the clean up or abatement of the marijuana
cultivation site.
4)Authorizes a member of the California Highway Patrol (CHP) to
AB 2284
Page 2
stop a vehicle transporting agricultural irrigation supplies
that are in plain view within the boundaries of a state park,
state forest, federal forest, or on timberland, and inspect
the bills of lading, shipping papers or other evidence to
determine whether the driver is in legal possession of the
load, and upon reasonable belief that the driver is not in
legal possession, to take custody of the vehicle and the load
and turn them over to the sheriff of the county in which the
supplies are apprehended. Authorizes the sheriff or deputy
sheriff to take the same action.
EXISTING LAW :
1)Makes it unlawful to substantially divert or obstruct the
natural flow, or alter the bed, channel or bank, of a stream
without a permit from the Department of Fish and Game (DFG).
2)Makes it unlawful to deposit specified pollutants in the
waters of the state, subject to a civil penalty of up to
$25,000 per violation. Makes it unlawful to dispose of refuse
in the waters of the state.
3)Makes violation of most provisions of the Fish and Game Code a
misdemeanor, subject to specified fines and penalties.
FISCAL EFFECT : Unknown
COMMENTS : This bill has been introduced in response to ongoing
problems with illegal marijuana cultivation on state parks and
other resource lands. This bill increases civil penalties for
three commonly charged violations associated with marijuana
cultivation - streambed alteration, water pollution and refuse
disposal. Increasing the penalties for these violations would
allow law enforcement agencies responsible for investigation,
enforcement and clean-up to recuperate the costs spent in
response to illegal marijuana growing in state parks and other
resource lands. This bill also authorizes local law enforcement
agencies to stop vehicles they see entering resource lands with
agricultural supplies, to inspect documents and other evidence
to determine if the driver is in legal possession of the load,
and to take custody of the load if it is determined that they
are not.
AB 2284
Page 3
The author notes in support of the bill that "Law enforcement
agencies dedicate many hours to building cases against those
responsible for grow sites and often are not successful in
prosecuting those cases?Illegal marijuana cultivation on
resource land has become a significant problem in my district
and many other parts of the state. Growing marijuana on state
and private resource land presents a public safety and
environmental hazard. People can no longer rely on these lands
as a safe place to recreate and large scale damage is being done
to the immediate grow site and surrounding areas?.This bill
would give law enforcement agencies the tools to prevent the
establishment of illegal marijuana grow sites on resource land
and to recuperate some of the resources spent to investigate,
eradicate and clean up grow sites."
Data from DFG covering the six month period from July 2011 to
February 2012 indicates arrests for marijuana cultivation by
Fish and Game Wardens represented 89% of all habitat-related
arrests and 26% of total arrests, and marijuana eradication and
reclamation efforts represented 23% of the total reported time
spent by wardens on habitat activity. Thirty three of
California's 58 counties, or 57%, reported marijuana eradication
activity during that time period, with 3 counties (Tehama,
Mendocino and Lake) representing almost 80% of the total
arrests. To give a sense of the magnitude of the natural
resource damage occurring, Operation Trident, during a 7 week
reclamation effort, removed 89,590 lbs of debris, 451,975 feet
or 93.3 miles of drip line irrigation, 10,866 lbs of
fertilizers, 3,856 ounces of pesticides or 240 lbs of
pesticides, poisons and herbicides, 124 large propane tanks, and
24 car batteries. A total of 393 acres of public lands were
cleaned up and over 545,000 marijuana plants eradicated.
The High Sierra Volunteer Trail Crew, a nonprofit organization
involved in resource reclamation work, notes there is ample
evidence of the use of fertilizers, pesticides, rodenticides,
and herbicides at illegal marijuana grow sites. Other impacts
include water diversions from natural streams for irrigation,
plastic irrigation drip line tubing, fertilizers and other
chemicals entering waterways, use of illegal and toxic
rodenticides and pesticides, poaching of wildlife, and trash
dumping. They estimate that the costs to reclaim one grow site
per-day costs between $7,500 and $10,000 on average.
Proposed Amendments : Amendments proposed by the author for
AB 2284
Page 4
adoption in this committee would:
1)Expand the illegal activities to which this bill applies to
include production of other controlled substances such as
methamphetamine in addition to marijuana cultivation;
2)Expand the public lands to which this bill applies to include
lands under the jurisdiction of the Department of Parks &
Recreation, the Department of Fish and Game, CalFIRE, the U.S.
Forest Service, the Bureau of Land Management, and timberland
preserve zones;
3)Clarify that the roads which law enforcement is authorized to
stop and inspect vehicles transporting agricultural irrigation
supplies on are limited to rock or unpaved roads within the
jurisdiction of the above entities.
4)Define "agricultural irrigation supplies" and "timberland
preserve zone" for these purposes.
5)Provide that the authority to stop, inspect and take custody
of a vehicle under this bill does not authorize the
impoundment of the vehicle if the driver's only offense is
driving without a license, and require the law enforcement
officer to make a reasonable attempt to identify the
registered owner of the vehicle and to release the vehicle to
the registered owner or another licensed driver as authorized
by the owner.
6)State legislative intent that this bill not contradict the
Compassionate Use Act of 1996 relating to medical marijuana.
7)Make technical codification changes.
8)Add a severability clause.
REGISTERED SUPPORT / OPPOSITION :
Support
California Waterfowl Association
County of Mendocino
County of Mendocino, Office of the Sheriff-Coroner
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
AB 2284
Page 5