AB 2643

Bill Subjects

Abstract

(1) Existing law requires the Department of Fish and Wildlife to establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of offenses relating to unlawful water diversions and other violations of the Fish and Game Code associated with cannabis cultivation. Existing law also requires the department, in coordination with specified state agencies, to establish a permanent multiagency task force to address the environmental impacts of cannabis cultivation. This bill would require the department to conduct a study to create a framework for cannabis site restoration projects with the goal of providing guidance for the cleanup, remediation, and restoration of environmental damage caused by cannabis cultivation, and to complete the study by January 1, 2027, as specified. The bill would authorize the department to enter into an agreement with a nongovernmental organization or educational institution for that entity to conduct the study. The bill would require the department, on or before January 1, 2027, and until January 1, 2036, to submit an annual report to the Legislature on illicit cannabis cultivation and on the status of efforts to repair habitat degradation and other environmental damage in watersheds affected by cannabis cultivation on both public and private lands, as specified. (2) Existing law imposes various civil penalties for violations of specified environmental laws in connection with the production or cultivation of a controlled substance, as specified. Existing law defines controlled substance for this purpose to mean a drug, substance, or immediate precursor listed in any of the schedules established pursuant to the California Uniform Controlled Substances Act. Existing law requires 40% of civil penalties imposed or collected by a court, and 50% of administrative penalties imposed or collected by the department, for violations of these provisions to be deposited into the Timber Regulation and Forest Restoration Fund and used for grants for certain environmental purposes, as specified. Existing law also requires 50% of administrative penalties imposed or collected by the department for violations of these provisions to be deposited in the Fish and Game Preservation Fund. This bill, with regard to the above-described civil penalties, would replace the term "controlled substance" with the term "cannabis or cannabis products." The bill would eliminate those apportionments to the Timber Regulation and Forest Restoration Fund and the Fish and Game Preservation Fund and would instead direct those apportionments to the Cannabis-Impacted Lands Restoration Fund, which the bill would create. The bill would continuously appropriate moneys in that fund to the department for the remediation and restoration of lands impacted by cannabis cultivation on public or private lands, thereby creating an appropriation. The bill would also eliminate requirements that moneys from these penalties be deposited into the Timber Regulation and Forest Restoration Fund under certain circumstances for the repayment of a loan authorized from that fund to the department. (3) Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. This bill would exclude plant waste and cannabis waste solely exhibiting the hazardous waste characteristic of toxicity pursuant to a specified regulation from classification as a hazardous waste. (4) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, as additionally amended by statute, establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make disbursements from the fund pursuant to a specified schedule, including, among others, amounts to the Environmental Restoration and Protection Account. Of the amount deposited into the Environmental Restoration and Protection Account for disbursement by the Controller, AUMA requires the Secretary of the Natural Resources Agency to allocate those funds to the Department of Fish and Wildlife and the Department of Parks and Recreation for certain activities selected by the secretary including, among others, the cleanup, remediation, and restoration of environmental damage in watersheds affected by cannabis cultivation and related activities, as specified, and to support local partnerships for this purpose. This bill would direct the Department of Fish and Wildlife to use moneys made available from that account for those specified purposes to fund the above-described study and annual reports, as specified. (5) AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA.