BILL ANALYSIS �
AB 2184
Page 1
ASSEMBLY THIRD READING
AB 2184 (Chesbro)
As Introduced February 20, 2014
Majority Vote
NATURAL RESOURCES 9-0 APPROPRIATIONS 16-0
-----------------------------------------------------------------
|Ayes:|Chesbro, Grove, Bigelow, |Ayes:|Gatto, Bigelow, |
| |Garcia, Muratsuchi, | |Bocanegra, Bradford, Ian |
| |Patterson, Skinner, | |Calderon, Campos, Eggman, |
| |Stone, Williams | |Gomez, Holden, Jones, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Clarifies that revenues from the lumber products
assessment created by AB 1492 (Budget Committee), Chapter 289,
Statutes of 2012, may be used for grants to remediate former
marijuana growing operations once other various funding
requirements specified in AB 1492 are met.
EXISTING LAW establishes a 1% assessment on lumber products sold
in the state for the primary purpose of funding "the activities
and costs of the [timber harvest review agencies]?associated
with the review of projects or permits necessary to conduct
timber operations." Once various funding requirements specified
in AB 1492 are met, authorizes revenues from the lumber products
assessment to fund grants to public and private entities to
reduce cost of wildland fire suppression, reduce greenhouse gas
emissions, promote adaptation to climate change, improve forest
health, and protect homes and communities.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state costs. This remediation activity is
already eligible for AB 1492 grant funding, although it is not
expressly called out.
COMMENTS :
Background on Marijuana Grows. According to a recent document
AB 2184
Page 2
prepared by the Department of Fish and Wildlife and the State
Water Resources Control Board:
The impacts of producing medical marijuana on private
lands continue to increase across California. The
rapid increase is best illustrated in Northern
California. A Department [of Fish and Wildlife] study
using aerial surveys (results and review not
finalized) of four small watersheds in Humboldt and
Mendocino counties found the number of acres in
cultivation doubled from 2009 to 2012, with an
estimated 500 individual operations and approximately
30,000 plants in each watershed. The Department
concludes private marijuana cultivation has grown so
much on the north coast that coho salmon, a state and
federally listed species, may go extinct in the near
future, if this problem is not immediately addressed.
The State and Regional Water Boards have observed
significant land clearing activities resulting in
sediment discharges to many high value surface waters
in the north state, nutrient loading from fertilizers,
and stream diversion that result in dangerously low
water levels.
Most of the growers on private land claim a right to
grow under Proposition 215, but grows cause
significant environmental damage throughout
California. While some growers may have good
intentions but not know any better, the majority of
growers appear to proceed with reckless disregard for
their natural surroundings. In some regions of
California, unregulated marijuana growing may now be
the primary threat to water quality and other
beneficial uses such as salmon and steelhead and their
habitats?.
The Department to date has conducted approximately 249
marijuana eradication and reclamation missions either
with other allied law enforcement agencies or
solo?.Costs to reclaim damaged lands and remediate
impacts?[can be] as high as $30,000 to $50,000 per
acre on private lands.
Background on AB 1492. Prior to 2013, the state's timber
AB 2184
Page 3
harvest review program was funded by the General Fund. The
program had experienced General Fund cuts for several years,
which eliminated positions at review agencies, delayed the
approval of timber harvest plans, and compromised the integrity
of the environmental review process. To remedy the situation,
the Legislature passed AB 1492, which, among other things,
establishes a one percent assessment on the sale of lumber and
engineered wood products. The revenues generated from this
assessment are deposited into the Timber Regulation and Forest
Restoration Fund (TRFR Fund).
AB 1492 was supported by a diverse group of stakeholders,
ranging from the timber industry to environmentalist groups.
One of the main reasons for this broad support coalition was the
prescriptive funding structure contained in the bill. Under AB
1492, the moneys in the TRFR Fund are to be spent according to
the following four tiered funding structure (each tier must be
funded before the next can receive moneys):
The first tier is required to fund: a) the Board of
Equalization's costs associated with the lumber products
assessment; b) refunds to lumber product retailers for
overpayment; and c) "the activities and costs of the [timber
harvest review agencies]?associated with the review of projects
or permits necessary to conduct timber operations."
The second tier is required to create a $4 million reserve to
support first tier activities if funding falls short at any
time.
The third tier is required to fund: a) the California Forest
Improvement Program (CFIP), which is an assistance program for
smaller nonindustrial landowners, and b) "existing restoration
grant programs."
The fourth tier is required to fund: a) fuel treatment grants
and projects under the Wildland Fire Protection and Resources
Management Act; and, b) grants to public and private entities to
reduce cost of wildland fire suppression, reduce greenhouse gas
emissions, promote adaptation to climate change, improve forest
health, and protect homes and communities.
Conservative projections of the TRFR Fund for fiscal year
2014-15 show that there will be approximately $3 million
AB 2184
Page 4
available after the first and second tiers are funded. Under AB
1492, these available funds should go to the programs identified
in the third tier: CFIP and "existing restoration grant
programs." As the economy improves and lumber sales increase,
anticipated that moneys will become available in the future for
fourth tier programs.
Purpose of this bill. As stated above, AB 1492's fourth tier
allows lumber product assessment revenues to be used for grants
to improve forest health. Restoring forest lands that have been
negatively affected by marijuana operations is an activity that
can certainly improve forest health. This bill makes this point
clear by specifically stating that grants for remediation of
former marijuana growing operations are eligible for funding
under the fourth tier. With this bill, it is the author's
intent to draw funding attention to the marijuana issue when AB
1492 moneys become available for fourth tier programs.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0003299