BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 2184 HEARING DATE: June 24, 2014
AUTHOR: Chesbro URGENCY: No
VERSION: February 20, 2014 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Timber and engineered wood products assessment: forest
restoration grants.
BACKGROUND AND EXISTING LAW
1.AB 1492 (Budget Committee, c. 289, Statutes of 2012)
established the Timber Regulation and Forest Restoration
Program (program) which addressed recognized issues with the
state's timber harvest regulatory program. These issues
stemmed, at least in part, from cuts to General Fund support.
2.The program created the Timber Regulation and Forest
Restoration Fund (TRFRF) in the state treasury. All revenues,
subject to certain deductions and reimbursements, from a 1%
assessment on lumber and engineered wood products sold at
retail in the state are deposited in the TRFRF.
3.Subject to appropriation by the Legislature, there are four
tiered levels of priority use for the monies in the TRFRF:
a. To pay for the costs of collecting the assessment,
and to support the activities and costs of the agencies
charged with reviewing projects or permits for timber
operations.
b. To establish a reserve fund of at least $4 million
by 2016 to fund the agencies performing the timber
operation reviews in (a) should there be a temporary
shortfall in projected revenues.
c. To support activities undertaken pursuant to the
California Forest Improvement Act, the California Urban
Forestry Act and existing restoration grant programs.
d. To fund the Department of Forestry and Fire
Protection to conduct (1) fuel treatment grants and
projects under the Wildland Fire Protection and Resources
Management Act, and (2) forest-related grant programs to
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reduce the cost of wildland fire suppression, reduce
greenhouse gas emissions, promote climate change
adaptation, improve forest health, and protect homes and
communities.
4.Each tier must be fully funded before the next can receive any
moneys from the TRFRF. According to the May 27, 2014 AB 1492
report to the Joint Legislative Budget Committee prepared by
the California Natural Resources Agency and the California
Environmental Protection Agency, only the 1st tier has been
funded to date, although it is anticipated that funds will be
available for the 3rd tier in FY 2014/2015.
5.California produces more marijuana from outdoor "grows" (crops
planted) than any other state - both through illegal grows on
public land and the legal cultivation of marijuana on private
lands pursuant to Proposition 215 (1996). The amount of
marijuana cultivated may be increasing: 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.
6.Natural resources and related environmental damage associated
with these grows are well documented and include harm to
wildlife, habitat destruction, land and water pollution and
increased risk of wildland fire. In some regions of the state,
unregulated marijuana grows may be the primary threat to water
quality. For example, grows are associated with significant
land clearing resulting in sediment discharges to high-value
surface waters, nutrient loading from fertilizers and water
diversions that result in dangerously low water levels.
According to the Department of Fish and Wildlife, coho salmon,
a state and federally-listed species, may go extinct in the
near future on the North Coast if the damage associated with
marijuana grows is not immediately addressed.
7.Costs to reclaim damaged lands and remediate impacts range
from $2,000 to $14,000 per acre on public land and are as high
as $30,000 to $50,000 per acre on private land. An illegal
grow in Stanislaus County was comprised of multiple grow and
camp sites on ranch land linked together by trails. The total
acreage was approximately 256 acres. A recent raid of these
sites led to the seizure of 4,000 marijuana plants and
approximately 2 tons of garbage and hazardous materials.
According to the Department of Fish and Wildlife, a tributary
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to the nearby San Joaquin River and other waterways were being
polluted by the grow.
PROPOSED LAW
This bill would add the remediation of former marijuana growing
operations specifically to the list of activities eligible for
grant funding in the fourth tier of programs that TRFRF monies
may support.
ARGUMENTS IN SUPPORT
According to the Rural County Representatives of California, "In
California's rural counties, marijuana proliferation is rampant
and has been the cause of major environmental issues including
water pollution, illegal water diversion, illegal use of
fertilizers, and unregulated logging. Rural county supervisors
are greatly concerned with the health and safety risks
associated with illegal marijuana grow sites and the high cost
to local government for remediation." They continue that they
believe "that expanding the eligible use of these critical funds
to recover impacted lands would be a meaningful step to help
reverse the long-term detrimental environmental and health
impacts they pose in our local communities." The California
Farm Bureau Federation and the California Forestry Association
made similar comments from the perspective of their members in
support of AB 2184.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Already eligible. Remediation of marijuana grows is already an
eligible activity under the program for TRFRF grant funding
monies as it improves forest health.
FY 2014/2015 Budget activity related to remediation of marijuana
grows . The Brown Administration submitted budget change
proposals (BCPs) for the Department of Fish and Wildlife and the
State Water Resources Control Board to address natural resources
and environmental damage associated with marijuana grows. The
relevant Budget sub-committees in both houses have approved the
BCPs which include the establishment of a task force and a
"priority-driven approach" to mitigating the impacts of
marijuana grows.
Related legislation
AB 1492 (Budget Committee, c. 289, Statutes of 2012) revamped
the regulation and regulatory support of timber harvest
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operations on state lands.
SUPPORT
California Farm Bureau Federation
California Forestry Association
Drug Policy Alliance
Rural County Representatives of California
OPPOSITION
None Received
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