SB 165: Production or cultivation of a controlled substance: civil penalties.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-08-07
Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions.
Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner.
This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.
Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions.
Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner.
This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.
Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions.
Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner.
This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.
Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions.
Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner.
This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.
Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions.
Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner.
This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.
(a)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows:
(1)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(2)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(3)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(4)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(5)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(6)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(7)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(8)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(9)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(10)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(11)A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(b)(1)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows:
(A)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(B)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(C)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(D)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(E)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(F)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(G)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(H)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(I)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(J)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(K)A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(2)Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation.
(c)The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law.
(d)All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)(A)Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B)If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3)Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations.
(e)Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur:
(1)The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount.
(2)The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3)The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint.
(4)A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(5)The department may adopt regulations to implement this subdivision.
(f)All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner:
(1)Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations.
(2)Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(g)Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court.
(h)For purposes of this section, controlled substance has the same meaning as defined in Section 11007 of the Health and Safety Code.
(a)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows:
(1)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(2)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(3)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(4)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(5)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(6)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(7)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(8)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(9)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(10)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(11)A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(b)(1)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows:
(A)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(B)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(C)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(D)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(E)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(F)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(G)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(H)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(I)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(J)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(K)A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(2)Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation.
(c)The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law.
(d)All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)(A)Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B)If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3)Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations.
(e)Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur:
(1)The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount.
(2)The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3)The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint.
(4)A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(5)The department may adopt regulations to implement this subdivision.
(f)All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner:
(1)Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations.
(2)Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(g)Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court.
(h)For purposes of this section, controlled substance has the same meaning as defined in Section 11007 of the Health and Safety Code.
(a)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows:
(1)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(2)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(3)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(4)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(5)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(6)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(7)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(8)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(9)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(10)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(11)A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(b)(1)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows:
(A)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(B)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(C)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(D)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(E)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(F)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(G)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(H)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(I)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(J)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(K)A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(2)Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation.
(c)The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law.
(d)All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)(A)Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B)If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3)Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations.
(e)Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur:
(1)The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount.
(2)The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3)The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint.
(4)A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(5)The department may adopt regulations to implement this subdivision.
(f)All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner:
(1)Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations.
(2)Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(g)Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court.
(g)
(h)For purposes of this section, controlled substance has the same meaning as defined in Section 11007 of the Health and Safety Code.
(a)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows:
(1)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(2)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(3)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(4)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(5)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(6)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(7)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(8)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(9)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(10)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(11)A person who violates subdivision (a) of Section 2001 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(b)(1)In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows:
(A)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(B)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(C)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(D)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(E)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(F)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(G)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(H)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(I)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(J)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(K)A person who violates subdivision (a) of Section 2001 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(2)Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation.
(c)The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law.
(d)All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)(A)Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B)If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3)Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations.
(e)Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur:
(1)The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount.
(2)The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3)The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint.
(4)A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(5)The department may adopt regulations to implement this subdivision.
(f)All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner:
(1)Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations.
(2)Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(g)For purposes of this section, controlled substance has the same meaning as defined in Section 11007 of the Health and Safety Code.
(a)In addition to any penalties imposed by any other law, a person found to have violated Section 1602, 5650, or 5652 the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty in the following amounts: as follows:
(1)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(2)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(3)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(4)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(5)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(6)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(7)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(8)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(9)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(10)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(11)A person who violates subdivision (a) of Section 2001 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(b)(1)In addition to any penalties imposed by any other law, a person found to have violated Section 1602, 5650, or 5652 the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner may shall be liable for a civil penalty in the following amounts: as follows:
(A)A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(B)A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(C)A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(D)A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(E)A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(F)A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(G)A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(H)A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(I)A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(J)A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(K)A person who violates subdivision (a) of Section 2001 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(2)Each day that a violation of Section 1602, 5650, or 5652 a code section described in this subdivision occurs or continues to occur shall constitute a separate violation.
(c)The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law.
(d)All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)(A)Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B)If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3)Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations.
(e)Civil penalties authorized pursuant to this section may be imposed administratively by the department if all the following occur:
(1)The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount.
(2)The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the his or her right to a hearing if no a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3)The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A final copy of the final order shall be served by certified mail upon the party served with the complaint.
(4)A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party has did not requested request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(5)The department may adopt regulations to implement this subdivision.
(f)All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner:
(1)Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations.
(2)Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(g)For purposes of this section, controlled substance has the same meaning as defined in Section 11007 of the Health and Safety Code.
|
Date
|
Status
|
|---|---|
| Apr 30, 2015 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| Aug 7, 2015 | Chaptered by Secretary of State. Chapter 139, Statutes of 2015. |
| Aug 7, 2015 | Approved by the Governor. |
| Jul 30, 2015 | Enrolled and presented to the Governor at 10 a.m. |
| Jul 16, 2015 | Read third time. Passed. (Ayes 79. Noes 0. Page 2431.) Ordered to the Senate. |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jul 16, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Jul 9, 2015 | Read second time. Ordered to consent calendar. |
| Jul 8, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (July 8). |
| Jun 30, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (June 30). Re-referred to Com. on APPR. |
| Jun 16, 2015 | From committee: Do pass and re-refer to Com. on W., P., & W. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 16). Re-referred to Com. on W., P., & W. |
| May 28, 2015 | Referred to Coms. on PUB. S. and W., P., & W. |
| Feb 4, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 30, 2015 | Read third time. Passed. (Ayes 36. Noes 0. Page 838.) Ordered to the Assembly. |
| Apr 30, 2015 | In Assembly. Read first time. Held at Desk. |
| Apr 28, 2015 | Read second time. Ordered to third reading. |
| Apr 27, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 17, 2015 | Set for hearing April 27. |
| Apr 14, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 13, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 507.) (April 7). |
| Mar 17, 2015 | Set for hearing April 7. |
| Mar 12, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Feb 19, 2015 | Referred to Com. on PUB. S. |
| Feb 5, 2015 | From printer. May be acted upon on or after March 7. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 16, 2015 | SB 165 Monning Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jul 8, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
|
| Jun 16, 2015 | Do pass and be re-referred to the Committee on [Water, Parks, and Wildlife] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 30, 2015 | Senate 3rd Reading SB165 Monning | Senate Floor |
Passed |
|
| Apr 7, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California College And University Police Chiefs Association | ** Support | Apr 30, 2015 |
| California District Attorneys Association | ** Support | Apr 30, 2015 |
| California Fish and Game Warden Association | * Support | Apr 7, 2015 |
| California Narcotic Officers' Association | * Support | Apr 7, 2015 |
| California Peace Officers Association | * Support | Apr 7, 2015 |
| California Police Chiefs Association | ** Support | Apr 30, 2015 |
| Rural County Representatives of California | ** Support | Apr 30, 2015 |
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 165
(Monning) – As Amended April 14, 2015
Policy Committee: |
Public Safety |
Vote: |
7 - 0 |
|
|
|
|
|
Water, Parks and Wildlife |
|
15 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes civil fines for certain natural resource-related violations in connection with the production or cultivation of a controlled substance.
FISCAL EFFECT:
Minor absorbable cost to the California Department of Fish and Wildlife (CDFW) and local law enforcement agencies to impose the additional civil fines.
Unknown additional civil fine revenue. Penalties can range from $8,000 to $40,000 per violation.
COMMENTS:
Background. Current law authorizes civil penalties for certain natural resource-related law violations which are committed in connection with the production or cultivation of a controlled substance either while trespassing on other public or private land, or committed on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. The current fine structure, however, is limited in its reach, as the courts and DFW can only assess a civil fine in instances where a grower has substantially diverted a stream or has polluted it with petroleum or other deleterious substances. These acts are only a small piece of the many destructive environmental laws that are broken by illegal marijuana growers.
Purpose. According to the author, "In the almost two decades since California voters passed Proposition 215, the Compassion Use Act of 1996, the cultivation of illegal marijuana on California’s public and private lands has exploded. In 2014 alone, the Department of Fish and Wildlife (DFW) participated in close to 250 marijuana related missions in which 609,480 marijuana plants were eradicated and 15,839 pounds of processed marijuana was seized."
"Many of these marijuana grow-sites operate on a commercial scale, leaving behind devastating impacts on the terrestrial and aquatic habitats they occupy. A cultivation operation of 1,000 plants can require up to 5,000 gallons of water per day, causing some growers to routinely divert streams and tributaries to get enough water. In 2014, DFW found over 135 dams or diversions in rivers and streams, equating to close to 5,000,000 gallons of stolen water. These practices exacerbate California’s already historic drought conditions and severely affect Coho Salmon runs and other fishery populations."
"Some of these unregulated grow-sites are responsible for the release of rodenticides, highly toxic insecticides, chemical fertilizers, fuels, and hundreds of pounds of waste dumped into the surrounding habitats and watershed systems. Among the few grow-sites DFW found last year, were habitats with over 340,000 pounds of dumped trash and waste and close to 70 gallons of chemicals and fertilizers like D-Con, Malathion, CarboFuran, and Miracle Grow. The need for flat, fertilized land to cultivate cannabis plants has also forced some bad actors to eliminate native vegetation and destroy forested habitat, often bulldozing acres of land with no regard for its ecological impacts. The National Park Service estimates that the cleanup and reclamation costs of these grow-sites can cost up to $15,000 per acre, with the average grow-site being 10-20 acres."
Argument in Support: According to the California Fish and Game Wardens' Association, "In California there has been a dramatic increase in marijuana cultivation on public and private lands over the last decade which has created an unprecedented environmental crisis in California. SB 165 will expand the existing authority of local law enforcement agencies and the CDFW to assess civil fines in cases where marijuana growers dump waste of hazardous substances, unlawfully take game, remove plants and native vegetation, or destroy forested habitats. The money from these fines will support habitat reclamation of the grow sites, which according to the National Park Service, can cost more than $15,000 an acre. We recognize the need to increase the penalties that are assessed to those who destroy California's natural habitat when they cultivate a controlled substance, such as marijuana, and CFGWA strongly supports SB 165."
Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081
SB 165
Page 8
Date of Hearing: June 16, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB 165
(Monning) – As Amended April 14, 2015
SUMMARY:
Adds additional crimes or violations to an existing Fish and Game Code statute which authorizes civil fines for certain natural resource-related violations in connection with the production or cultivation of a controlled substance. Specifically, this bill:
Expands provisions of law which impose civil penalties for Fish and Game Code violations committed while trespassing on public or private lands, to include violations of the following laws while trespassing on other public or private land in connection with the production or cultivation of a controlled substance:
The crime of unlawful dumping of waste matter or other specified materials on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified, authorizing a civil penalty of up to $40,000. (Pen. Code, § 374.3)
The crime of knowingly causing any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state, as specified, authorizing a civil penalty of up to $40,000. (Pen. Code, § 374.8(b).)
The crime of willfully or negligently cutting, destroying, mutilating, or removing specified vegetation growing upon state or county highway rights-of-way, or upon public land or upon land not his or her own, or knowingly selling, offering, or exposing for sale, or transporting for sale of the same, as specified, authorizing a civil penalty of up to $10,000. (Pen. Code, § 384a)
The violation of engaging in timber operations without a license, as specified, authorizing a civil penalty up to $10,000. (Pub. Resources Code, §§ 4571, 4581)
The violation of unlawfully taking any bird, mammal, fish, reptile, or amphibian except as provided, authorizing a civil penalty of not more than $10,000. (Fish and Game Code, § 2000).
The violation of unlawfully possessing any bird, mammal, fish, reptile, or amphibian, or parts thereof, taken in violation of any of the provisions of the Fish and Game Code, authorizing a civil penalty of up to $10,000. (Fish and Game Code, § 2000).
Expands the scope of civil penalties where violations in connection with the production or cultivation of a controlled substance occur on land that the person owns, leases, or occupies with the consent of the landowner to include the following additional offenses:
Unlawful dumping of waste matter on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified is subject to a civil penalty of up to $20,000 for each violation. (Fish and Game Code § 2000).
Unlawful dumping of waste matter in commercial quantities on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified, is subject to a civil penalty of up to $20,000 for each violation. (Pen. Code, § 374.3(h), subd. (1).)
Knowingly causing any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state, as specified, is subject to a civil penalty of up to $20,000 for each violation. (Pen. Code, § 374.8(b).)
Willfully or negligently cutting, destroying, mutilating, or removing specified growing upon state or county highway rights-of-way, or upon public land or upon land not his or her own, or knowingly selling, offering, or exposing for sale, or transporting for sale of the same, as specified, is subject to a civil penalty of up to $10,000 for each violation. (Pen. Code, § 384a).
A violation of engaging in timber operations without a license, as specified, is subject to a civil penalty of up to $8,000 for each violation. (Pub. Resources Code, §§ 4571, 4581).
A violation of unlawfully taking any bird, mammal, fish, reptile, or amphibian except as provided, is subject to a civil penalty of up to $8,000 for each violation. (Fish & G. Code, § 2000).
A violation of unlawfully possessing any bird, mammal, fish, reptile, or amphibian, or parts thereof, taken in violation of any of the provisions of the Fish and Game Code, is subject to a civil penalty of up to $8,000 for each violation. (Fish & G. Code, § 2002).
Provides that each day that a violation of any of these sections occurs or continues to occur shall constitute a separate violation, as specified.
Specifies that any civil penalty imposed shall be offset by the amount of any restitution ordered by a criminal court, as specified.
EXISTING LAW:
Authorizes civil penalties for certain natural resource-related law violations which are committed in connection with the production or cultivation of a controlled substance either while trespassing on other public or private land, or committed on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. Additionally describe a process for issuing and serving complaints, conducting hearings, and obtaining a review of a final order. (Fish & G. Code, § 12025).
Imposes specified civil penalties on persons who, while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, violate Fish and Game Code provisions concerning the following conduct: (Fish & G. Code, § 12025(a).
Substantially interfering with a river, stream, or lake, as specified; up to $10,000 for each violation. (Fish & G. Code, § 1602).
Contaminating waters of the state, as specified; up to $40,000 for each violation; (Fish & G. Code, § 5650) and,
Polluting waters of the state, as specified; up to $40,000 for each violation. (Fish & G. Code, § 5652).
Provides that in cases where specified violations in connection with the production or cultivation of a controlled substance which occurs on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner, the following civil liability amounts apply:
Substantially interfering with a river, stream, or lake, as specified; up to $8,000 for each violation. (Fish & G. Code, § 1602)
Contaminating waters of the state, as specified; up to $20,000 for each violation. (Fish & G. Code, § 5650)
Polluting waters of the state, as specified; up to $20,000 for each violation. (Fish & G. Code, § 5652)
Provides that each day that a violation of Section 1602, 5650, or 5652 occurs or continues to occur shall constitute a separate violation, as specified. (Fish & G. Code, § 12025(b).)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "In the almost two decades since California voters passed Proposition 215, the Compassion Use Act of 1996, the cultivation of illegal marijuana on California’s public and private lands has exploded. In 2014 alone, the Department of Fish and Wildlife (DFW) participated in close to 250 marijuana related missions in which 609,480 marijuana plants were eradicated and 15,839 pounds of processed marijuana was seized.
"Many of these marijuana grow-sites operate on a commercial scale, leaving behind devastating impacts on the terrestrial and aquatic habitats they occupy. A cultivation operation of 1,000 plants can require up to 5,000 gallons of water per day, causing some growers to routinely divert streams and tributaries to get enough water. In 2014, DFW found over 135 dams or diversions in rivers and streams, equating to close to 5,000,000 gallons of stolen water. These practices exacerbate California’s already historic drought conditions and severely affect Coho Salmon runs and other fishery populations.
"Some of these unregulated grow-sites are responsible for the release of rodenticides, highly toxic insecticides, chemical fertilizers, fuels, and hundreds of pounds of waste dumped into the surrounding habitats and watershed systems. Among the few grow-sites DFW found last year, were habitats with over 340,000 pounds of dumped trash and waste and close to 70 gallons of chemicals and fertilizers like D-Con, Malathion, CarboFuran, and Miracle Grow. The need for flat, fertilized land to cultivate cannabis plants has also forced some bad actors to eliminate native vegetation and destroy forested habitat, often bulldozing acres of land with no regard for its ecological impacts. The National Park Service estimates that the cleanup and reclamation costs of these grow-sites can cost up to $15,000 per acre, with the average grow-site being 10-20 acres.
"In an attempt to go after these bad actors, Assemblymember Chesboro carried AB 2284 in the 2012 legislative session, which established the ability for civil fines to be levied against those who commit environmental crimes while engaging in the cultivation of a controlled substance. SB 861 from 2014 expanded this by giving the Department of Fish and Wildlife the ability to assess these civil fines administratively. The civil fines collected under this fine structure can be divided up primarily between enforcement agencies, to cover the cost of their investigations, and the Timber Regulation and Forest Restoration Fund, for the purposes of improving forest health by remediating former marijuana growing operations.
"While the current fine structure for these marijuana grow operations provides some new options in environmental enforcement, it is limited in its reach. Currently, the courts or DFW can only assess a civil fine in instances where a grower has substantially diverted a stream or has polluted it with petroleum or other deleterious substances. SB 165 will expand the number and type of environmental crimes for which a civil fine may be levied against a person who cultivates a controlled substance. Civil fines will be able to be brought against growers that engage in: habitat destruction through land conversion and timber operations without the proper permits or a Timber Harvest Plan; the unlawful take or possession of wildlife; the illegal dumping of trash and hazardous materials; waste disposal in a commercial scale; and the removing plant life or vegetation without consent."
Background: According to the background submitted by the author, "In the 2012 legislative session Assemblymember Chesboro carried AB 2284, which established the ability for the courts to assess civil fines against those who commit environmental crimes while engaging in the cultivation of a controlled substance. SB 861, which was a budget trailer bill in 2014, expanded this ability, by giving the Department of Fish and Wildlife the authority to assess civil fines administratively. The current fine structure, however, is limited in its reach, as the courts and DFW can only assess a civil fine in instances where a grower has substantially diverted a stream or has polluted it with petroleum or other deleterious substances. These acts are only a small piece of the many destructive environmental laws that are broken by illegal marijuana growers.
"SB 165 will expand the number and type of environmental crimes for which a civil fine may be levied against these growers, so that fines can be brought against those who also engage in: habitat destruction through land conversion and timber operations without the proper permits or a Timber Harvest Plan; the unlawful take or possession of wildlife; the illegal dumping of trash and hazardous materials; waste disposal in a commercial scale; and the removal of plant life or vegetation without consent."
Expansion of Civil Penalties for Criminal Offenses Related to Marijuana Cultivation:
This bill expands the list of civil penalties for natural resource crimes that are related to the production or cultivation of controlled substances that are committed while trespassing on public or private land, or are committed on land that the person occupies with the consent of the landowner.
Existing law, as passed by AB 2284 (Chesbro), Chapter 390, Statutes of 2012, covers crimes involving substantially interfering with a natural waterway, as well as contaminating or polluting waters.
This bill would add similar violations, involving criminal dumping of waste or hazardous substances, criminal destruction of vegetation, unlawful timber operations, and unlawfully taking or possessing any animal, as specified to these provisions. The following charts briefly depict current law and this bill.
Current Law
Violation |
Civil Penalty Amount -- Trespassing |
Civil Penalty Amount – Lawful Occupation* |
Substantially interfering with a river, stream, or lake, as specified; (Fish and Game Code § 1602) |
not more than $10,000 for each violation |
not more than $8,000 for each violation |
Contaminating waters of the state, as specified; (Fish and Game Code § 5650); |
not more than $40,000 for each violation |
not more than $20,000 for each violation |
Polluting waters of the state, as specified; (Fish and Game Code § 5652) |
not more than $40,000 for each violation |
not more than $20,000 for each violation *each day a violation occurs = separate violation |
What This Bill Would Add
Violation |
Civil Penalty Amount -- Trespassing |
Civil Penalty Amount – Lawful Occupation* |
Unlawful dumping of waste matter or other specified materials on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified. (P.C. § 374.3; 374.3(h)(1)) |
not more than $40,000 |
Not more than $20,000 |
Knowingly causing any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state, as specified. (P.C. § 374.8(b) |
not more than $40,000 |
not more than $40,000 |
Willfully or negligently cutting, destroying, mutilating, or removing specified vegetation growing upon state or county highway rights-of-way, or upon public land or upon land not his or her own, or knowingly selling, offering, or exposing for sale, or transporting for sale of the same, as specified. (P.C. § 384a) |
not more than $10,000 |
not more than $10,000 |
Engaging in timber operations without a license, as specified. (Public Resources Code §§ 4571, 4581) |
not more than $10,000 |
not more than $10,000 |
Unlawfully taking any bird, mammal, fish, reptile, or amphibian except as provided. (Fish and Game Code § 2000). |
not more than $10,000 |
not more than $10,000 |
Unlawfully possessing any bird, mammal, fish, reptile, or amphibian, or parts thereof, taken in violation of any of the provisions of the Fish and Game Code. (Fish and Game Code § 2002) |
not more than $10,000 |
not more than $10,000
*each day a violation occurs = separate violation |
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.
Argument in Support: According to the California Fish and Game Wardens' Association, "In California there has been a dramatic increase in marijuana cultivation on public and private lands over the last decade which has created an unprecedented environmental crisis in California. Game Wardens' mission is to protect the wildlife and habitats within California, many of which continue to suffer at the expense of environmental damages associated with marijuana cultivation. Many of these unregulated grow-sites have been found to discard hundreds of pounds of highly toxic chemicals, fertilizers, and fuels into the surrounding habitats and watershed systems. As you may know, the California Department of Fish and Wildlife (CDFW) created the Marijuana Enforcement Team (MET) and a Watershed Enforcement Team (WET) to more specifically combat these crimes, these criminals, and their significant impacts on CA's natural resources. Game Wardens staffing these teams have made substantial positive impacts in the landscape of environmental enforcement. Game Wardens' front-line role in these operations greatly increases their health and safety risks, due to the increased confrontation with armed suspects and exposure to toxic chemicals among other factors.
"SB 165 will expand the existing authority of local law
enforcement agencies and the CDFW to assess civil fines in cases
where marijuana growers dump waste of hazardous substances,
unlawfully take game, remove plants and native vegetation, or destroy
forested habitats. The money from these fines will support habitat
reclamation of the grow sites, which according to the National Park
Service, can cost more than $15,000 an acre. We recognize the need
to increase the penalties that are assessed to those who destroy
California's natural habitat when they cultivate a controlled
substance, such as marijuana, and CFGWA strongly supports SB 165."
Prior Legislation: AB 2284 (Chesbro), Chapter 390, Statutes of 2012, established civil fines for environmental crimes relating to the cultivation of controlled substances. Added new civil penalties for violation of specified sections of the Fish & Game Code 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. Divided 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%).
REGISTERED SUPPORT / OPPOSITION:
Support
California College and University Police Chiefs
California District Attorneys Association
California Fish and Game Wardens' Association
California Peace Officers' Association
California Police Chiefs Association
Central Coast Forest Association
Conscious Cannabis Ventures
County of Santa Cruz
Heritage Associates
Rural County Representatives of California
Sierra Club California
Opposition
None
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744
SB 165
Page 2
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 165
Amended: 4/14/15
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Production or cultivation of a controlled substance: civil penalties
DIGEST: This bill adds additional crimes or violations to an existing Fish and Game Code statute which authorizes civil fines for certain natural resource-related violations in connection with the production or cultivation of a controlled substance.
ANALYSIS: Existing law generally authorizes civil penalties for certain natural resource-related law violations which are committed in connection with the production or cultivation of a controlled substance either while trespassing on other public or private land, or committed on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. (Fish and Game Code § 12025) These provisions describe a process for issuing and serving complaints, conducting hearings, and obtaining a review of a final order. (Id.)
This bill adds several additional, similar violations, involving criminal dumping of waste or hazardous substances; criminal destruction of vegetation; unlawful timber operations; and unlawfully taking or possessing any animal, as specified to these provisions.
NOTE: See the Senate Public Safety Committee analysis for a full discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California College and University Police Chiefs Association
California District Attorneys Association
California Police Chiefs Association
California Fish and Game Wardens Association
California Peace Officers’ Association
Rural County Representatives of California
OPPOSITION: (Verified 4/27/15)
None received
ARGUMENTS IN SUPPORT:
The author states in part:
While the current fine structure for these marijuana grow operations provides some new options in environmental enforcement, it is limited in its reach. Currently, District Attorneys or DFW [Department of Fish and Wildlife] can only assess a civil fine in instances where a grower has substantially diverted a stream or has polluted it with petroleum or other deleterious substances. SB 165 will expand the number and type of environmental crimes for which a civil fine may be levied against a person who cultivates a controlled substance. Civil fines will be able to be brought against growers that engage in: habitat destruction through land conversion and timber operations without the proper permits or a Timber Harvest Plan; the unlawful take or possession of wildlife; the illegal dumping of trash and hazardous materials; waste disposal in a commercial scale; and the removing plant life or vegetation without consent.
Prepared by: Alison Anderson / PUB. S. /
4/28/15 15:31:12
**** END ****
SB 165 (Monning ) Page 8 of 8
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 165 Hearing Date: April 7, 2015
Author: |
Monning |
||
Version: |
March 12, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
AA |
||
Subject: Illegal Dumping in Connection with the Production or Cultivation of a Controlled Substance: Civil Penalties
HISTORY
Source: Author
Prior Legislation: SB 861 (Comm. on Budget and Fiscal Review) – Ch. 35, Stats. of 2014
SB 814 (Comm. on Natural Resources and Water) – Ch. 472, Stats. of 2013
AB 2284 (Chesbro) – Ch. 390, Stats. of 2012
Support: California College and University Police Chiefs Association; California District Attorneys Association; California Police Chiefs Association; California Fish and Game Wardens Association; California Peace Officers’ Association; Rural County Representatives of California
Opposition: None Known
PURPOSE
The purpose of this bill is to add additional crimes or violations to an existing Fish and Game Code statute which authorizes civil fines for certain natural resource-related violations in connection with the production or cultivation of a controlled substance.
Existing law generally authorizes civil penalties for certain natural resource-related law violations which are committed in connection with the production or cultivation of a controlled substance either while trespassing on other public or private land, or committed on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. (Fish and Game Code § 12025) These provisions describe a process for issuing and serving complaints, conducting hearings, and obtaining a review of a final order. (Id.) This bill would apply these civil penalties to additional crimes and violations, as follows:
Violations While Trespassing
Existing law imposes specified civil penalties on persons who, while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, violate Fish and Game Code provisions concerning the following conduct:
Substantially interfering with a river, stream, or lake, as specified; (Fish and Game Code § 1602); not more than $10,000 for each violation;
Contaminating waters of the state, as specified; (Fish and Game Code § 5650); not more than $40,000 for each violation; and,
Polluting waters of the state, as specified; (Fish and Game Code § 5652) not more than $40,000 for each violation.
(Fish and Game Code § 12025(a).)
This bill would expand this provision to include violations of the following laws while trespassing on other public or private land in connection with the production or cultivation of a controlled substance:
The crime of unlawful dumping of waste matter or other specified materials on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified, (Penal Code § 374.3), authorizing a civil penalty of not more than $40,000);
The crime of knowingly causing any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state, as specified, (Penal Code § 374.8(b), authorizing a civil penalty of not more than $40,000;
The crime of willfully or negligently cutting, destroying, mutilating, or removing specified vegetation growing upon state or county highway rights-of-way, or upon public land or upon land not his or her own, or knowingly selling, offering, or exposing for sale, or transporting for sale of the same, as specified, (Penal Code § 384a), authorizing a civil penalty of not more than $10,000;
The violation of engaging in timber operations without a license, as specified, (Public Resources Code §§ 4571, 4581), authorizing a civil penalty of not more than $10,000;
The violation of unlawfully taking any bird, mammal, fish, reptile, or amphibian except as provided, (Fish and Game Code § 2000), authorizing a civil penalty of not more than $10,000; and,
The violation of unlawfully possessing any bird, mammal, fish, reptile, or amphibian, or parts thereof, taken in violation of any of the provisions of the Fish and Game Code, (Fish and Game Code § 2002), authorizing a civil penalty of not more than $10,000.
Violations on Land the Person Owns, Leases or Otherwise Occupies with the Consent of the Landowner
Current law provides that in cases where the above-enumerated existing violations in connection with the production or cultivation of a controlled substance which occurs on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner, the following civil liability amounts apply:
A person who violates Section 1602 (described above) is subject to a civil penalty of not more than $8,000 for each violation.
A person who violates Section 5650 (described above) is subject to a civil penalty of not more than $20,000 for each violation.
A person who violates Section 5652 (described above) is subject to a civil penalty of not more than $20,000 for each violation.
Current law provides that each day that a violation of Section 1602, 5650, or 5652 described in this subdivision occurs or continues to occur shall constitute a separate violation. (Fish and Game Code § 12025(b).)
This bill would expand the scope of this subdivision to include civil penalties for the following additional violations of law committed in connection with the production or cultivation of a controlled substance which occurs on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner:
The crime of unlawful dumping of waste matter on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified (Penal Code § 374.3(a)) is subject to a civil penalty of not more than $20,000 for each violation;
The crime of unlawful dumping of waste matter in commercial quantities on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified (Penal Code § 374.3(h)(1)) is subject to a civil penalty of not more than $20,000 for each violation;
The crime of knowingly causing any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state, as specified, (Penal Code § 374.8(b), is subject to a civil penalty of not more than $20,000 for each violation;
The crime of willfully or negligently cutting, destroying, mutilating, or removing specified growing upon state or county highway rights-of-way, or upon public land or upon land not his or her own, or knowingly selling, offering, or exposing for sale, or transporting for sale of the same, as specified, (Penal Code § 384a), is subject to a civil penalty of not more than $10,000 for each violation;
The violation of engaging in timber operations without a license, as specified, (Public Resources Code §§ 4571, 4581), is subject to a civil penalty of not more than $8,000 for each violation;
The violation of unlawfully taking any bird, mammal, fish, reptile, or amphibian except as provided, (Fish and Game Code § 2000), is subject to a civil penalty of not more than $8,000 for each violation.
The violation of unlawfully possessing any bird, mammal, fish, reptile, or amphibian, or parts thereof, taken in violation of any of the provisions of the Fish and Game Code, (Fish and Game Code § 2002), is subject to a civil penalty of not more than $8,000 for each violation.
This bill would provide that each day that a violation of any of these sections occurs or continues to occur shall constitute a separate violation.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
Stated Need for This Bill
The author states:
In the almost two decades since California voters passed Proposition 215, the Compassion Use Act of 1996, the cultivation of illegal marijuana on California’s public and private lands has exploded. In 2014 alone, the Department of Fish and Wildlife (DFW) participated in close to 250 marijuana related missions in which 609,480 marijuana plants were eradicated and 15,839 pounds of processed marijuana was seized.
Many of these marijuana grow-sites operate on a commercial scale, leaving behind devastating impacts on the terrestrial and aquatic habitats they occupy. A cultivation operation of 1,000 plants can require up to 5,000 gallons of water per day, causing some
growers to routinely divert streams and tributaries to get enough water. In 2014, DFW found over 135 dams or diversions in rivers and streams, equating to close to 5,000,000 gallons of stolen water. These practices exacerbate California’s already historic drought conditions and severely affect Coho Salmon runs and other fishery populations.
Some of these unregulated grow-sites are responsible for the release of rodenticides, highly toxic insecticides, chemical fertilizers, fuels, and hundreds of pounds of waste dumped into the surrounding habitats and watershed systems. Among the few grow-sites DFW found last year, were habitats with over 340,000 pounds of dumped trash and waste and close to 70 gallons of chemicals and fertilizers like D-Con, Malathion, CarboFuran, and Miracle Grow. The need for flat, fertilized land to cultivate cannabis plants has also forced some bad actors to eliminate native vegetation and destroy forested habitat, often bulldozing acres of land with no regard for its ecological impacts. The National Park Service estimates that the cleanup and reclamation costs of these grow-sites can cost up to $15,000 per acre, with the average grow-site being 10-20 acres.
In an attempt to go after these bad actors, Assemblymember Chesbro carried AB 2284 in the 2012 legislative session, which established the ability for civil fines to be levied against those who commit environmental crimes while engaging in the cultivation of a controlled substance. AB 861 from 2014 expanded this by giving the DFW the ability to assess these civil fines administratively. The civil fines collected under this fine structure can be divided up primarily between enforcement agencies, to cover the cost of their investigations, and the Timber Regulation and Forest Restoration Fund, for the purposes of improving forest health by remediating former marijuana growing operations.
While the current fine structure for these marijuana grow operations provides some new options in environmental enforcement, it is limited in its reach. Currently, District Attorneys or DFW can only assess a civil fine in instances where a grower has substantially diverted a stream or has polluted it with petroleum or other deleterious substances. SB 165 will expand the number and type of environmental crimes for which a civil fine may be levied against a person who cultivates a controlled substance. Civil fines will be able to be brought against growers that engage in: habitat destruction through land conversion and timber operations without the proper permits or a Timber Harvest Plan; the unlawful take or possession of wildlife; the illegal dumping of trash and hazardous materials; waste disposal in a commercial scale; and the removing plant life or vegetation without consent.
2. What This Bill Would Do
As explained in detail above, this bill expands an existing statutory scheme that imposes civil penalties for certain natural resource-related law violations committed in connection with the production or cultivation of a controlled substance either while trespassing on other public or private land, or committed on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. Existing law generally covers violations involving substantially interfering with a river, stream, or lake; contaminating waters of the state; and polluting waters of the state. This bill would add several additional, similar violations, involving criminal dumping of waste or hazardous substances; criminal destruction of vegetation; unlawful timber operations; and unlawfully taking or possessing any animal, as specified to these provisions. The following charts briefly depict current law and this bill.
Current Law
Violation |
Civil Penalty Amount -- Trespassing |
Civil Penalty Amount – Lawful Occupation* |
Substantially interfering with a river, stream, or lake, as specified; (Fish and Game Code § 1602) |
not more than $10,000 for each violation |
not more than $8,000 for each violation |
Contaminating waters of the state, as specified; (Fish and Game Code § 5650); |
not more than $40,000 for each violation |
not more than $20,000 for each violation |
Polluting waters of the state, as specified; (Fish and Game Code § 5652) |
not more than $40,000 for each violation |
not more than $20,000 for each violation *each day a violation occurs = separate violation |
What This Bill Would Add
Violation |
Civil Penalty Amount -- Trespassing |
Civil Penalty Amount – Lawful Occupation* |
Unlawful dumping of waste matter or other specified materials on a public or private highway, road, right-of-way, easement, private property without consent, public park or other public property without permission, as specified. (P.C. § 374.3; 374.3(h)(1)) |
not more than $40,000 |
Not more than $20,000 |
Knowingly causing any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state, as specified. (P.C. § 374.8(b)
|
not more than $40,000 |
not more than $40,000 |
Willfully or negligently cutting, destroying, mutilating, or removing specified vegetation growing upon state or county highway rights-of-way, or upon public land or upon land not his or her own, or knowingly selling, offering, or exposing for sale, or transporting for sale of the same, as specified. (P.C. § 384a) |
not more than $10,000 |
not more than $10,000 |
Engaging in timber operations without a license, as specified. (Public Resources Code §§ 4571, 4581) |
not more than $10,000 |
not more than $10,000 |
Unlawfully taking any bird, mammal, fish, reptile, or amphibian except as provided. (Fish and Game Code § 2000). |
not more than $10,000 |
not more than $10,000 |
Unlawfully possessing any bird, mammal, fish, reptile, or amphibian, or parts thereof, taken in violation of any of the provisions of the Fish and Game Code. (Fish and Game Code § 2002) |
not more than $10,000 |
not more than $10,000
*each day a violation occurs = separate violation |
Criminal Penalties; Suggestion Concerning Criminal Restitution Orders
This bill would add three crimes to the current Fish and Game Code civil penalty structure that imposes civil penalties for violations of law committed in connection with the production or cultivation of a controlled substance. Existing provisions in the California Constitution state that all crime victims have the right to seek and secure restitution from the perpetrators of these crimes. Restitution must be ordered in every case without exception. Where a defendant has been ordered to pay restitution, all money, or property collected from the defendant must be first applied to satisfy restitution orders. (California Constitution Article 1 § 28(b)(13)(A)-(C).) In addition, existing law requires the court to order a defendant to make restitution to the victim or victims of the defendant’s crime, based on the amount of loss claimed by the victim or victims or any other showing to the court. The court is required to order full restitution for the losses caused by the defendant’s crime unless the court finds and states compelling and extraordinary reasons for not doing so. (Penal Code § 1202.4(f).) In addition, one of the Penal Code provisions this bill would add expressly authorize the court to impose restitution-type orders, such as removing or paying for the removal of waste (Penal Code § 374.3).
The author and members of the Committee may wish to discuss whether any civil penalties imposed as a result of this provision should be offset by any restitution ordered in a criminal case which is the basis for a civil penalty.
SHOULD THIS AMENDMENT BE MADE?
In addition, the author and members of the Committee may wish to discuss how this bill’s civil penalty provisions, which range from $10,000 to $40,000, compare in terms of proportionality to existing Fish and Game Code sanctions for similar violations. (For example, the statute authorizing civil penalties of not more than $25,000 for releasing specified pollutants into the state’s waters. (Fish and Game Code §§ 5650 et seq.))
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