BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2284|
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THIRD READING
Bill No: AB 2284
Author: Chesbro (D), et al.
Amended: 8/6/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 6-0, 6/26/12
AYES: Pavley, La Malfa, Evans, Kehoe, Padilla, Wolk
NO VOTE RECORDED: Cannella, Fuller, Simitian
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 53-18, 5/31/12 - See last page for vote
SUBJECT : Irrigation
SOURCE : Author
DIGEST : This bill allows a peace officer to stop a
person with irrigation supplies on a rock or unpaved road
on specified public or forestry land, and creates civil
penalties for cultivating a controlled substance on public
lands.
ANALYSIS :
Existing law:
CONTINUED
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1. Allows a member of the California Highway Patrol (CHP)
to stop any vehicle transporting any timber products,
livestock, poultry, farm produce, crude oil, petroleum
products, or inedible kitchen grease, and inspect the
bills of lading, shipping or delivery papers, or other
evidence to determine whether the driver is in legal
possession of the load, and, upon reasonable belief that
the driver of the vehicle is not in legal possession,
shall take custody of the vehicle and load and turn them
over to the custody of the sheriff of the county in
which the timber products, livestock, poultry, farm
produce, crude oil, petroleum products, or inedible
kitchen grease, or any part thereof, is apprehended.
(Vehicle Code (VEH) Section 2810(a))
2. States that the sheriff shall receive and provide for
the care and safekeeping of the apprehended timber
products, livestock, poultry, farm produce, crude oil,
petroleum products, or inedible kitchen grease, or any
part thereof, and immediately, in cooperation with the
department, proceed with an investigation and its legal
disposition. (VEH Section 2810(b))
3. Restricts modifications to stream beds to ensure that
fish and wildlife are not adversely affected. (Fish and
Game Code (FGC) 1600 et seq.)
4. Bars the 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, as well as
trash and waste. (FGC Sections 5652; 5650)
This bill:
1. Authorizes a peace officer 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.
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2. Provides that 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.
3. Adds 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 timberland production zones as follows:
Up to $10,000 per violation for stream bed
alterations.
Up to $40,000 per violation for either water
pollution or trash disposal.
4. Divides 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%).
5. Authorizes a Board of Supervisors of a county to adopt
and implement the provisions of this bill.
6. Expresses 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.
7. Makes numerous legislative findings describing the
problems posed by large scale illegal marijuana
cultivation on public lands including risks to public
safety and environmental damage.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/15/12)
California Forestry Association
California Peace Officers' Association
California Police Chief's Association
California State Sheriffs' Association
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League of California Cities
Mendocino County Board of Supervisors
Mendocino County Office of the Sheriff-Coroner
Regional Council of Rural Counties
OPPOSITION : (Verified 8/15/12)
California Public Defenders Association
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 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
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convicted of crimes would seem to serve the same purpose."
ASSEMBLY FLOOR : 53-18, 5/31/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hagman, Hall, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mitchell, Monning, Nestande, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Conway, Donnelly, Beth Gaines, Garrick,
Gorell, Grove, Halderman, Harkey, Jeffries, Jones,
Knight, Logue, Miller, Morrell, Silva, Smyth, Wagner
NO VOTE RECORDED: Bill Berryhill, Charles Calderon, Cook,
Fletcher, Mansoor, Mendoza, Nielsen, Norby, Valadao
CTW:k 8/15/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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