BILL NUMBER: AB 243	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wood

                        FEBRUARY 5, 2015

   An act to add Section 11362.769 to the Health and Safety Code, and
to add Section 13276 to the Water Code, relating to medical
marijuana.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 243, as introduced, Wood. Medical marijuana cultivation.
   Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 5,
1996, statewide general election, authorizes the use of marijuana
for medical purposes. Existing law makes it a crime to plant,
cultivate, harvest, dry, or process marijuana, except as otherwise
authorized by law, such as the medical marijuana program.
   This bill would require indoor and outdoor medical marijuana
cultivation to be conducted in accordance with state and local laws
and best practices related to land conversion, grading, electricity
usage, water usage, agricultural discharges, and similar matters.
This bill would require state agencies to address environmental
impacts of medical marijuana cultivation and coordinate with cities
and counties and their law enforcement agencies in enforcement
efforts.
   Under existing law, the Porter-Cologne Water Quality Control Act,
the State Water Resources Control Board and the California regional
water quality control boards are the principal state agencies with
responsibility for the coordination and control of water quality in
the state.
   This bill would require each regional board to address discharges
of waste resulting from medical marijuana cultivation and associated
activities.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11362.769 is added to the Health and Safety
Code, to read:
   11362.769.  Indoor and outdoor medical marijuana cultivation shall
be conducted in accordance with state and local laws and best
practices related to land conversion, grading, electricity usage,
water usage, agricultural discharges, and similar matters. State
agencies, including, but not limited to, the State Board of Forestry
and Fire Protection, the Department of Fish and Wildlife, the State
Water Resources Control Board, the California regional water quality
control boards, and traditional state law enforcement agencies shall
address environmental impacts of medical marijuana cultivation and
shall coordinate with cities and counties and their law enforcement
agencies in enforcement efforts.
  SEC. 2.  Section 13276 is added to the Water Code, to read:
   13276.  Each regional board shall address discharges of waste
resulting from medical marijuana cultivation and associated
activities, including by taking action pursuant to Section 13269. In
addressing these discharges, each regional board shall include
conditions to address items that include, but are not limited to, all
of the following:
   (a) Site development and maintenance, erosion control, and
drainage features.
   (b) Stream crossing installation and maintenance.
   (c) Riparian and wetland protection and management.
   (d) Soil disposal.
   (e) Water storage and use.
   (f) Irrigation runoff.
   (g) Fertilizers and soil.
   (h) Pesticides and herbicides.
   (i) Petroleum products and other chemicals.
   (j) Cultivation-related waste.
   (k) Refuse and human waste.
   (l) Cleanup, restoration, and mitigation.