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SB-1429 Production or cultivation of cannabis, cannabis products, or industrial hemp: environmental violations.(2019-2020)

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Date Published: 03/26/2020 09:00 PM
SB1429:v98#DOCUMENT

Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1429

Introduced by Senator Monning

February 21, 2020

An act to amend Section 1320 of the Fish and Game Code, relating to fish and wildlife. An act to amend Sections 12025 and 12025.1 of the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 1429, as amended, Monning. Wildlife Conservation Board: Director of Finance designee. Production or cultivation of cannabis, cannabis products, or industrial hemp: environmental violations.
(1) Existing law makes a person found to have violated specified provisions of law generally protecting fish and wildlife, water, or other natural resources in connection with the production or cultivation of a controlled substance liable for a civil penalty in addition to any penalties imposed by any other law. Existing law authorizes the imposition of larger fines on a person who violates one of these provisions on specified types of public or private land or while the person was trespassing on public or private land than on a person who violates one of these provisions on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. Existing law authorizes these civil penalties to be imposed or collected by a court or imposed administratively by the Department of Fish and Wildlife.
This bill would instead make these provisions applicable to activities conducted in connection with the production or cultivation of cannabis, cannabis products, or industrial hemp.
Existing law requires these civil penalties imposed or collected by a court to be apportioned in a specified manner, with 40% of the civil penalty to be deposited in the Timber Regulation and Forest Restoration Fund and used for grants that improve forest health by remediating former marijuana growing operations.
This bill would require this 40% increment to be deposited in this manner if the violation occurred on the above-described types of public or private land or while the person was trespassing on public or private land. The bill would require this 40% increment to be deposited in the Fish Game Preservation Fund and used for specified activities if the violation occurred on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner.
Existing law requires these administrative civil penalties imposed or collected by the department to be deposited into the Timber Regulation and Forest Restoration Fund to repay any unpaid balance of a specified loan and requires any remaining funds from administrative civil penalties to be apportioned by depositing 50% in the Timber Regulation and Forest Restoration Fund and 50% in the Fish and Game Preservation Fund, as specified.
This bill would require these remaining funds to be apportioned in this manner if the violation occurred on the above-described types of public or private land or while the person was trespassing on public or private land. The bill would require these remaining funds to be deposited in the Fish Game Preservation Fund and used for specified activities if the violation occurred on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner.
The bill would make other changes with regard to the required procedures for imposing an administrative civil penalty described above.
(2) Existing law prohibits the construction or maintenance, in certain fish and game districts, of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. Existing law makes a violation of this provision a misdemeanor and imposes an additional civil penalty of not more than $8,000 for a violation of this provision. Existing law requires these civil penalties that are imposed and collected in connection with the production or cultivation of a controlled substance to be apportioned in a specified manner.
This bill would instead require the civil penalties to be apportioned in that specified manner if they are imposed for a violation in connection with the production or cultivation of cannabis, cannabis products, or industrial hemp.

The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, the Director of Finance, and 4 public members appointed by the Speaker of the Assembly, the Senate Committee on Rules, and the Governor, as provided. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife related purposes.

This bill would authorize the Director of Finance to appoint a designee to serve on the board to represent the Director of Finance.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12025 of the Fish and Game Code is amended to read:

12025.
 (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 cannabis, cannabis products, or industrial hemp 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, cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 cannabis, cannabis products, or industrial hemp 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 (A) If the civil penalty is imposed for a violation of subdivision (a), 40 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.
(B) If the civil penalty is imposed for a violation of subdivision (b), 40 percent shall be deposited into the Fish and Game Preservation Fund and used for activities described in Section 12029.
(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 of enforcement, or law enforcement division assistant the chief in charge of marijuana-related enforcement enforcement’s designee, 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 include a proposed ordered 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 director’s designee, which designee shall not be the chief deputy of enforcement or assistant the chief of enforcement’s designee 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 their 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 their right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the proposed order imposing the administrative civil penalty shall become final.
(3) The director, or his or her the director’s 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 director’s 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 civil penalty becomes final.
(5) The department may adopt regulations to implement this subdivision.
(f) All administrative civil 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 civil penalties collected pursuant to this section shall be apportioned in the following manner:
(1) Administrative civil penalties imposed for a violation of subdivision (a) shall be deposited into the funds as follows:

(1)

(A) 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)

(B) Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(2) Administrative civil penalties imposed for a violation of subdivision (b) shall be deposited into the Fish and Game Preservation Fund and used for the activities described in Section 12029.
(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.

SEC. 2.

 Section 12025.1 of the Fish and Game Code is amended to read:

12025.1.
 (a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation.
(b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance cannabis, cannabis products, or industrial hemp shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025.
(c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance cannabis, cannabis products, or industrial hemp 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 Fish and Game Preservation Fund.
(d) (1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025.
(2) The department shall adopt emergency regulations to implement this subdivision in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(e) All administrative civil penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance cannabis, cannabis products, or industrial hemp shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025.
(f) All administrative civil penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance cannabis, cannabis products, or industrial hemp 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 civil penalties collected pursuant to this subdivision shall be apportioned in the following manner:
(1) Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(2) 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.

(g)For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code.

SECTION 1.Section 1320 of the Fish and Game Code is amended to read:
1320.

(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and four public members appointed pursuant to subdivision (b). The Director of Finance may appoint a designee to serve on the board to represent the Director of Finance.

(b)(1)The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.

(2)Each public member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:

(A)Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.

(B)Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.

(C)Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.