BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: AB 2284 HEARING DATE: June 26, 2012
AUTHOR: Chesbro URGENCY: No
VERSION: June 19, 2012 CONSULTANT: Katharine Moore
DUAL REFERRAL: Public Safety FISCAL: Yes
SUBJECT: Irrigation.
BACKGROUND AND EXISTING LAW
During 2010, the White House reported that nearly 10 million
plants were removed from illegal outdoor marijuana growing sites
in seven states, including California. Of these California
plants, nearly 3 million plants were removed from national
forests located throughout the state. Operation Full Court
Press is a recent example of a combined effort by federal, state
and local law enforcement agencies conducted against illegal
cultivation in the Mendocino National Forest during July 2011.
In Mendocino, Glenn, Colusa, Lake, Trinity and Tehama Counties,
over 630,000 marijuana plants were seized of which about 40
percent were from national forest lands. This operation and
additional sources indicate that illegal marijuana cultivation
on public lands is a large and increasing problem. The
productive natural ecosystems of public forest and park lands,
as well as their remoteness, make them ideal for illegal
cultivation. In April, the Bureau of Land Management issued a
news release telling visitors in northern California and Nevada
to be mindful of stumbling onto illegal marijuana cultivation
sites and a recent warning was also issued for the Inyo National
Forest.
In addition to public safety concerns, significant environmental
degradation is associated with these sites. Wildlife,
vegetation, water, soil and other natural resources are all
negatively impacted. Illegal cultivation is associated with the
uncontrolled use of chemicals - including insecticides, poisons,
animal repellants and fertilizers - whose toxicity can spread
far beyond the immediate application site. Poaching, including
of endangered species, is also a problem. Significant water
diversions and miles of associated plastic tubing disrupt the
1
water supply and present an ongoing risk to wildlife. Human
waste and debris are widespread, and soil erosion is associated
with the harmful terracing of lands. Reports indicate that the
overall size of cultivation sites can be 50 acres or larger.
Following removal of the marijuana plants, sites are cleaned up
and restored to the extent practical, but costs may be on the
order of up to $15,000 per acre.
Modifications to stream beds are restricted to ensure that fish
and wildlife are not adversely affected (Fish and Game Code
(FGC) �1600 et seq.). Obstruction of the natural flow of the
river and disposing debris or other materials by leaving it
where it may pass into the river is specifically barred subject
to specified permit conditions. Causing water pollution through
the release of "any substance or material deleterious to fish,
plant life, mammals or bird life" and other specified materials
(FGC �5650) as well as trash and waste (FGC �5652) is also
barred, with limited exception.
Through specific provision, each violation of FGC �5650 is
subject to a maximum $25,000 civil fine. Further, Division 9 of
the FGC provides for additional fines and penalties (FGC ��12000
et seq). With respect to civil fines, violators are liable for
damages to fish and wildlife as well as clean up costs. There
are also criminal penalties, and most violations are
misdemeanors subject to a maximum fine of $1,000 and up to six
months in county jail or both. Specific code violations may
have higher criminal penalties, and these include violations of
the stream bed alteration and water pollution sections specified
above.
Existing law also allows the California Highway Patrol (CHP) to
stop any vehicle transporting certain specified materials,
including timber products and livestock, and to inspect bills of
lading, shipping or delivery papers and other evidence to assess
whether the driver is in legal possession of the load. Upon
reasonable belief that the possession is illegal, the CHP can
take custody of the vehicle and the load and turn them over to
the local sheriff who is required to receive and provide for the
care and safekeeping of the apprehended load, investigate and
perform other duties, as specified (Vehicle Code �2810).
PROPOSED LAW
This bill would:
Add new civil penalties for violation of specified
sections of the FGC during the cultivation or production of
controlled substances on specified public lands and private
2
timberland production zones as follows:
o Up to $10,000 per violation for stream bed
alterations
o Up to $40,000 per violation for either water
pollution or trash disposal
Divide any civil penalty collected for these specified
violations between the county in which the violation
occurred (30%), the investigating agency as reimbursement
(30%), and the agency cleaning up the site (40%).
Authorize peace officers to stop a vehicle, as
specified, transporting "agricultural irrigation supplies"
in plain view if the vehicle is traveling on a rock or
unpaved road in specified public lands and private
timberlands. If possession of the supplies appears to be
illegal, the peace officer can take custody of the vehicle
and supplies in certain circumstances and turn them over to
the county sheriff who shall investigate.
Express legislative intent that its provisions are not
meant to interfere with marijuana usage under the Medical
Marijuana Program and the Compassionate Use Act of 2006.
Make numerous legislative findings describing the
problems posed by large scale illegal marijuana cultivation
on public lands including risks to public safety and
environmental damage
Provide that its provisions are severable and for
reimbursement to local agencies and school districts if
required to by the Commission on State Mandates
ARGUMENTS IN SUPPORT
According to the author "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." Further, "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."
The California Forestry Association adds that "despite the fact
that California holds its forestry sector to what are arguably
the highest environmental standards in the world, the health of
our forests will deteriorate due to this illegal activity unless
3
something is done. �?] Additionally, outdoor marijuana grow site
workers often create wildfire hazards by clearing land for
planting and by using campfires for cooking, heat, and
sterilizing water."
ARGUMENTS IN OPPOSITION
The California Public Defenders Association points out that "if
closed parklands lead to marijuana cultivation the obvious
solution is not to close the parks but to allow rangers and
fees-paying park users to monitor the legitimate use of those
parks at cheaper cost than it would take to hire additional
peace officers to do the job. Moreover, the authorization of
civil penalties would seem to be unnecessary since existing
statutes authorizing collection of restitution from those
convicted of crimes would seem to serve the same purpose."
COMMENTS
More than just illegal marijuana cultivation . The definition of
controlled substances applicable to this bill is comprehensive
and includes specified pharmaceuticals, naturally-occurring and
derived opiates, hallucinogens, stimulants, narcotics and other
substances. Therefore meth labs, for example, that violated the
specified provisions of the FGC would also be subject to
enhanced civil penalties.
Public lands . Public lands under the jurisdiction of the
Department of Parks and Recreation, the Department of Fish and
Game, the Department of Forestry and Fire Protection, the State
Lands Commission, a regional park district, the United States
Forest Service and the Bureau of Land Management are specified.
A later reference to park and forestlands is clarified to be
inclusive (Amendment 1).
Unlicensed drivers . This bill provides specific direction to
the peace officer stopping the vehicle if the driver is
unlicensed. In this instance, so long as there is no other
violation, the vehicle and load will not be impounded if the
peace officer is able to locate the registered owner of the
vehicle and receive permission to release the vehicle to an
authorized licensed driver. Recent law enforcement operations
of illegal marijuana growing operations in the Central Valley
and north coast led to the arrest of numerous foreign nationals.
Timberland production zones. Timberland production zones were
established by the California Timberland Productivity Act of
1982 (Government code (GOV) ��51100 et seq.). The goal of the
act was to ensure the long-term productivity and viability of
4
privately-held forests, among other provisions. Recent news
reports indicate that illegal cultivation sites are
proliferating on private timber production lands, as well. The
distinction between non-industrial and industrial timberlands is
at 2,500 acres, and timberlands larger than 50,000 acres have to
file sustainable yield plans. Some language inconsistencies are
corrected (Amendment 2).
Scale of clean-up required. To give a sense of the magnitude of
the natural resource damage occurring, Operation Trident, during
a 7 week reclamation effort, removed 89,590 pounds of debris,
93.3 miles of drip line irrigation, 10,866 pounds of
fertilizers, 240 pounds 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. Operation Full Court Press resulted in the
removal of over 52,000 pounds of garbage, and 40 miles of
irrigation pipe from Mendocino National Forest.
5
Related legislation
AB 237 (Carter, 2009) would have allowed vehicles to be stopped
without a warrant or probable cause while transporting metal
products to determine if the driver was in legal possession of
the load (failed in Senate Public Safety)
SUGGESTED AMENDMENTS:
AMENDMENT 1
Page 6, lines 3 - 4:
Delete "a state park, state forest, or federal forest," and
replace with
"public lands under the jurisdiction of the entities listed
in subdivision (a)"
AMENDMENT 2
Page 4, lines 17 - 18:
Delete "timberland preserve zone, as defined in Section
51110 of the Government Code," and replace with
"timberland production zone, as defined in Chapter 6.7 of
Division 1 of the Government Code (commencing with section
51100),"
Page 5, lines 30 - 32:
Delete "timberland preserve zone, as defined in Section
51104 of the Government Code," and replace with
"timberland production zone, as defined in Chapter 6.7 of
Division 1 of the Government Code (commencing with section
51100),"
SUPPORT
California Forestry Association
California Peace Officers' Association
California Police Chief's Association
California State Sheriffs' Association
League of California Cities
Mendocino County Board of Supervisors
Mendocino County Office of the Sheriff-Coroner
Regional Council of Rural Counties
OPPOSITION
California Public Defenders Association
6
7
�
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: AB 2284 HEARING DATE: June 26, 2012
AUTHOR: Chesbro URGENCY: No
VERSION: June 19, 2012 CONSULTANT: Katharine Moore
DUAL REFERRAL: Public Safety FISCAL: Yes
SUBJECT: Irrigation.
BACKGROUND AND EXISTING LAW
During 2010, the White House reported that nearly 10 million
plants were removed from illegal outdoor marijuana growing sites
in seven states, including California. Of these California
plants, nearly 3 million plants were removed from national
forests located throughout the state. Operation Full Court
Press is a recent example of a combined effort by federal, state
and local law enforcement agencies conducted against illegal
cultivation in the Mendocino National Forest during July 2011.
In Mendocino, Glenn, Colusa, Lake, Trinity and Tehama Counties,
over 630,000 marijuana plants were seized of which about 40
percent were from national forest lands. This operation and
additional sources indicate that illegal marijuana cultivation
on public lands is a large and increasing problem. The
productive natural ecosystems of public forest and park lands,
as well as their remoteness, make them ideal for illegal
cultivation. In April, the Bureau of Land Management issued a
news release telling visitors in northern California and Nevada
to be mindful of stumbling onto illegal marijuana cultivation
sites and a recent warning was also issued for the Inyo National
Forest.
In addition to public safety concerns, significant environmental
degradation is associated with these sites. Wildlife,
vegetation, water, soil and other natural resources are all
negatively impacted. Illegal cultivation is associated with the
uncontrolled use of chemicals - including insecticides, poisons,
animal repellants and fertilizers - whose toxicity can spread
far beyond the immediate application site. Poaching, including
of endangered species, is also a problem. Significant water
diversions and miles of associated plastic tubing disrupt the
1
water supply and present an ongoing risk to wildlife. Human
waste and debris are widespread, and soil erosion is associated
with the harmful terracing of lands. Reports indicate that the
overall size of cultivation sites can be 50 acres or larger.
Following removal of the marijuana plants, sites are cleaned up
and restored to the extent practical, but costs may be on the
order of up to $15,000 per acre.
Modifications to stream beds are restricted to ensure that fish
and wildlife are not adversely affected (Fish and Game Code
(FGC) �1600 et seq.). Obstruction of the natural flow of the
river and disposing debris or other materials by leaving it
where it may pass into the river is specifically barred subject
to specified permit conditions. Causing water pollution through
the release of "any substance or material deleterious to fish,
plant life, mammals or bird life" and other specified materials
(FGC �5650) as well as trash and waste (FGC �5652) is also
barred, with limited exception.
Through specific provision, each violation of FGC �5650 is
subject to a maximum $25,000 civil fine. Further, Division 9 of
the FGC provides for additional fines and penalties (FGC ��12000
et seq). With respect to civil fines, violators are liable for
damages to fish and wildlife as well as clean up costs. There
are also criminal penalties, and most violations are
misdemeanors subject to a maximum fine of $1,000 and up to six
months in county jail or both. Specific code violations may
have higher criminal penalties, and these include violations of
the stream bed alteration and water pollution sections specified
above.
Existing law also allows the California Highway Patrol (CHP) to
stop any vehicle transporting certain specified materials,
including timber products and livestock, and to inspect bills of
lading, shipping or delivery papers and other evidence to assess
whether the driver is in legal possession of the load. Upon
reasonable belief that the possession is illegal, the CHP can
take custody of the vehicle and the load and turn them over to
the local sheriff who is required to receive and provide for the
care and safekeeping of the apprehended load, investigate and
perform other duties, as specified (Vehicle Code �2810).
PROPOSED LAW
This bill would:
Add new civil penalties for violation of specified
sections of the FGC during the cultivation or production of
controlled substances on specified public lands and private
2
timberland production zones as follows:
o Up to $10,000 per violation for stream bed
alterations
o Up to $40,000 per violation for either water
pollution or trash disposal
Divide any civil penalty collected for these specified
violations between the county in which the violation
occurred (30%), the investigating agency as reimbursement
(30%), and the agency cleaning up the site (40%).
Authorize peace officers to stop a vehicle, as
specified, transporting "agricultural irrigation supplies"
in plain view if the vehicle is traveling on a rock or
unpaved road in specified public lands and private
timberlands. If possession of the supplies appears to be
illegal, the peace officer can take custody of the vehicle
and supplies in certain circumstances and turn them over to
the county sheriff who shall investigate.
Express legislative intent that its provisions are not
meant to interfere with marijuana usage under the Medical
Marijuana Program and the Compassionate Use Act of 2006.
Make numerous legislative findings describing the
problems posed by large scale illegal marijuana cultivation
on public lands including risks to public safety and
environmental damage
Provide that its provisions are severable and for
reimbursement to local agencies and school districts if
required to by the Commission on State Mandates
ARGUMENTS IN SUPPORT
According to the author "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." Further, "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."
The California Forestry Association adds that "despite the fact
that California holds its forestry sector to what are arguably
the highest environmental standards in the world, the health of
our forests will deteriorate due to this illegal activity unless
3
something is done. �?] Additionally, outdoor marijuana grow site
workers often create wildfire hazards by clearing land for
planting and by using campfires for cooking, heat, and
sterilizing water."
ARGUMENTS IN OPPOSITION
The California Public Defenders Association points out that "if
closed parklands lead to marijuana cultivation the obvious
solution is not to close the parks but to allow rangers and
fees-paying park users to monitor the legitimate use of those
parks at cheaper cost than it would take to hire additional
peace officers to do the job. Moreover, the authorization of
civil penalties would seem to be unnecessary since existing
statutes authorizing collection of restitution from those
convicted of crimes would seem to serve the same purpose."
COMMENTS
More than just illegal marijuana cultivation . The definition of
controlled substances applicable to this bill is comprehensive
and includes specified pharmaceuticals, naturally-occurring and
derived opiates, hallucinogens, stimulants, narcotics and other
substances. Therefore meth labs, for example, that violated the
specified provisions of the FGC would also be subject to
enhanced civil penalties.
Public lands . Public lands under the jurisdiction of the
Department of Parks and Recreation, the Department of Fish and
Game, the Department of Forestry and Fire Protection, the State
Lands Commission, a regional park district, the United States
Forest Service and the Bureau of Land Management are specified.
A later reference to park and forestlands is clarified to be
inclusive (Amendment 1).
Unlicensed drivers . This bill provides specific direction to
the peace officer stopping the vehicle if the driver is
unlicensed. In this instance, so long as there is no other
violation, the vehicle and load will not be impounded if the
peace officer is able to locate the registered owner of the
vehicle and receive permission to release the vehicle to an
authorized licensed driver. Recent law enforcement operations
of illegal marijuana growing operations in the Central Valley
and north coast led to the arrest of numerous foreign nationals.
Timberland production zones. Timberland production zones were
established by the California Timberland Productivity Act of
1982 (Government code (GOV) ��51100 et seq.). The goal of the
act was to ensure the long-term productivity and viability of
4
privately-held forests, among other provisions. Recent news
reports indicate that illegal cultivation sites are
proliferating on private timber production lands, as well. The
distinction between non-industrial and industrial timberlands is
at 2,500 acres, and timberlands larger than 50,000 acres have to
file sustainable yield plans. Some language inconsistencies are
corrected (Amendment 2).
Scale of clean-up required. To give a sense of the magnitude of
the natural resource damage occurring, Operation Trident, during
a 7 week reclamation effort, removed 89,590 pounds of debris,
93.3 miles of drip line irrigation, 10,866 pounds of
fertilizers, 240 pounds 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. Operation Full Court Press resulted in the
removal of over 52,000 pounds of garbage, and 40 miles of
irrigation pipe from Mendocino National Forest.
5
Related legislation
AB 237 (Carter, 2009) would have allowed vehicles to be stopped
without a warrant or probable cause while transporting metal
products to determine if the driver was in legal possession of
the load (failed in Senate Public Safety)
SUGGESTED AMENDMENTS:
AMENDMENT 1
Page 6, lines 3 - 4:
Delete "a state park, state forest, or federal forest," and
replace with
"public lands under the jurisdiction of the entities listed
in subdivision (a)"
AMENDMENT 2
Page 4, lines 17 - 18:
Delete "timberland preserve zone, as defined in Section
51110 of the Government Code," and replace with
"timberland production zone, as defined in Chapter 6.7 of
Division 1 of the Government Code (commencing with section
51100),"
Page 5, lines 30 - 32:
Delete "timberland preserve zone, as defined in Section
51104 of the Government Code," and replace with
"timberland production zone, as defined in Chapter 6.7 of
Division 1 of the Government Code (commencing with section
51100),"
SUPPORT
California Forestry Association
California Peace Officers' Association
California Police Chief's Association
California State Sheriffs' Association
League of California Cities
Mendocino County Board of Supervisors
Mendocino County Office of the Sheriff-Coroner
Regional Council of Rural Counties
OPPOSITION
California Public Defenders Association
6
7