BILL NUMBER: AB 21 AMENDED
AMENDED IN SENATE JANUARY 4, 2016
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly
Members Bonta, Cooley,
Jones-Sawyer, Lackey, and Wood
( Principal coauthor: Senator
Assembly Member Daly )
DECEMBER 1, 2014
An act to amend Sections 38501 and 38561 of the Health
and Safety Code, relating to greenhouse gases. Section
11362.777 of the Health and Safety Code, relating to medical
marijuana, and declaring the urgency thereof, to take effect
LEGISLATIVE COUNSEL'S DIGEST
AB 21, as amended, Perea Bonta .
California Global Warming Solutions Act of 2006: scoping
plan. Medical marijuana: cultivation licenses.
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, enacted by the Legislature,
provides for the licensing and regulation by both state and local
entities of medical marijuana and its cultivation. Existing law
provides that if a city, county, or city and county does not have
land use regulations or ordinances regulating or prohibiting the
cultivation of marijuana, commencing March 1, 2016, the Department of
Food and Agriculture is the sole licensing authority for medical
marijuana cultivation applicants in that city, county, or city and
This bill would delete the provision that grants the department
the sole licensing authority under those circumstances.
This bill would declare that it is to take effect immediately as
an urgency statute.
The California Global Warming Solutions Act of 2006 establishes
the State Air Resources Board as the state agency responsible for
monitoring and regulating sources emitting greenhouse gases. The act
requires the state board to adopt a statewide greenhouse gas
emissions limit, as defined, to be achieved by 2020, equivalent to
the statewide greenhouse gas emissions levels in 1990.
The act also requires the state board to prepare and approve a
scoping plan for achieving the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions.
This bill would require the state board in preparing its scoping
plan to consult with specified state agencies regarding matters
involving energy efficiency and the facilitation of the
electrification of the transportation sector.
This bill also would make various findings and declarations.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.777 of the
Health and Safety Code is amended to read:
11362.777. (a) The Department of Food and Agriculture shall
establish a Medical Cannabis Cultivation Program to be administered
by the secretary and , except as specified in subdivision
(c), shall administer this section as it pertains to the cultivation
of medical marijuana. For purposes of this section and Chapter 3.5
(commencing with Section 19300) of the Business and Professions Code,
medical cannabis is an agricultural product.
(b) (1) A person or entity shall not cultivate medical marijuana
without first obtaining both of the following:
(A) A license, permit, or other entitlement, specifically
permitting cultivation pursuant to these provisions, from the city,
county, or city and county in which the cultivation will occur.
(B) A state license issued by the department pursuant to this
(2) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section unless
that person or entity has received a license, permit, or other
entitlement, specifically permitting cultivation pursuant to these
provisions, from the city, county, or city and county in which the
cultivation will occur.
(3) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section if the
proposed cultivation of marijuana will violate the provisions of any
local ordinance or regulation, or if medical marijuana is prohibited
by the city, county, or city and county in which the cultivation is
proposed to occur, either expressly or otherwise under principles of
(c) (1) Except as otherwise specified in this subdivision, and
without limiting any other local regulation, a city, county, or city
and county, through its current or future land use regulations or
ordinance, may issue or deny a permit to cultivate medical marijuana
pursuant to this section. A city, county, or city and county may
inspect the intended cultivation site for suitability prior to
issuing a permit. After the city, county, or city and county has
approved a permit, the applicant shall apply for a state medical
marijuana cultivation license from the department. A locally issued
cultivation permit shall only become active upon licensing by the
department and receiving final local approval. A person shall not
cultivate medical marijuana prior to obtaining both a permit from the
city, county, or city and county and a state medical marijuana
cultivation license from the department.
(2) A city, county, or city and county that issues or denies
conditional licenses to cultivate medical marijuana pursuant to this
section shall notify the department in a manner prescribed by the
(3) A city, county, or city and county's locally issued
conditional permit requirements must be at least as stringent as the
department's state licensing requirements.
(4) If a city, county, or city and county does not have land use
regulations or ordinances regulating or prohibiting the cultivation
of marijuana, either expressly or otherwise under principles of
permissive zoning, or chooses not to administer a conditional permit
program pursuant to this section, then commencing March 1, 2016, the
division shall be the sole licensing authority for medical marijuana
cultivation applicants in that city, county, or city and county.
(d) (1) The secretary may prescribe, adopt, and enforce
regulations relating to the implementation, administration, and
enforcement of this part, including, but not limited to, applicant
requirements, collections, reporting, refunds, and appeals.
(2) The secretary may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this part. Any emergency
regulation prescribed, adopted, or enforced pursuant to this section
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and, for purposes of that chapter, including Section 11349.6 of
the Government Code, the adoption of the regulation is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.
(3) The secretary may enter into a cooperative agreement with a
county agricultural commissioner to carry out the provisions of this
chapter, including, but not limited to, administration,
investigations, inspections, licensing and assistance pertaining to
the cultivation of medical marijuana. Compensation under the
cooperative agreement shall be paid from assessments and fees
collected and deposited pursuant to this chapter and shall provide
reimbursement to the county agricultural commissioner for associated
(e) (1) The department, in consultation with, but not limited to,
the Bureau of Medical Marijuana Regulation, the State Water Resources
Control Board, and the Department of Fish and Wildlife, shall
implement a unique identification program for medical marijuana. In
implementing the program, the department shall consider issues,
including, but not limited to, water use and environmental impacts.
In implementing the program, the department shall ensure that:
(A) Individual and cumulative effects of water diversion and
discharge associated with cultivation do not affect the instream
flows needed for fish spawning, migration, and rearing, and the flows
needed to maintain natural flow variability.
(B) Cultivation will not negatively impact springs, riparian
wetlands, and aquatic habitats.
(2) The department shall establish a program for the
identification of permitted medical marijuana plants at a cultivation
site during the cultivation period. The unique identifier shall be
attached at the base of each plant. A unique identifier, such as, but
not limited to, a zip tie, shall be issued for each medical
(A) Unique identifiers will only be issued to those persons
appropriately licensed by this section.
(B) Information associated with the assigned unique identifier and
licensee shall be included in the trace and track program specified
in Section 19335 of the Business and Professions Code.
(C) The department may charge a fee to cover the reasonable costs
of issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana plant.
(D) The department may promulgate regulations to implement this
(3) The department shall take adequate steps to establish
protections against fraudulent unique identifiers and limit illegal
diversion of unique identifiers to unlicensed persons.
(f) (1) A city, county, or city and county that issues or denies
licenses to cultivate medical marijuana pursuant to this section
shall notify the department in a manner prescribed by the secretary.
(2) Unique identifiers and associated identifying information
administered by a city or county shall adhere to the requirements set
by the department and be the equivalent to those administered by the
(g) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if the area he or she uses to
cultivate marijuana does not exceed 100 square feet and he or she
cultivates marijuana for his or her personal medical use and does not
sell, distribute, donate, or provide marijuana to any other person
or entity. This section does not apply to a primary caregiver
cultivating marijuana pursuant to Section 11362.5 if the area he or
she uses to cultivate marijuana does not exceed 500 square feet and
he or she cultivates marijuana exclusively for the personal medical
use of no more than five specified qualified patients for whom he or
she is the primary caregiver within the meaning of Section 11362.7
and does not receive remuneration for these activities, except for
compensation provided in full compliance with subdivision (c) of
Section 11362.765. For purposes of this section, the area used to
cultivate marijuana shall be measured by the aggregate area of
vegetative growth of live marijuana plants on the premises. Exemption
from the requirements of this section does not limit or prevent a
city, county, or city and county from regulating or banning the
cultivation, storage, manufacture, transport, provision, or other
activity by the exempt person, or impair the enforcement of that
regulation or ban.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
To allow local governments to protect the health of their citizens
by regulating marijuana at the earliest possible date, it is
necessary that this act take effect immediately.
SECTION 1. Section 38501 of the Health and
Safety Code is amended to read:
38501. The Legislature finds and declares all of the following:
(a) Global warming poses a serious threat to the economic
well-being, public health, natural resources, and the environment of
California. The potential adverse impacts of global warming include
the exacerbation of air quality problems, a reduction in the quality
and supply of water to the state from the Sierra snowpack, a rise in
sea levels resulting in the displacement of thousands of coastal
businesses and residences, damage to marine ecosystems and the
natural environment, and an increase in the incidences of infectious
diseases, asthma, and other human health-related problems.
(b) Global warming will have detrimental effects on some of
California's largest industries, including agriculture, wine,
tourism, skiing, recreational and commercial fishing, and forestry.
It will also increase the strain on electricity supplies necessary to
meet the demand for summer air-conditioning in the hottest parts of
(c) California has long been a national and international leader
on energy conservation and environmental stewardship efforts,
including the areas of air quality protections, energy efficiency
requirements, renewable energy standards, natural resource
conservation, and greenhouse gas emissions standards for passenger
vehicles. The program established by this division will continue this
tradition of environmental leadership by placing California at the
forefront of national and international efforts to reduce emissions
of greenhouse gases.
(d) National and international actions are necessary to fully
address the issue of global warming. However, action taken by
California to reduce emissions of greenhouse gases will have
far-reaching effects by encouraging other states, the federal
government, and other countries to act.
(e) By exercising a global leadership role, California will also
position its economy, technology centers, financial institutions, and
businesses to benefit from national and international efforts to
reduce emissions of greenhouse gases. More importantly, investing in
the development of innovative and pioneering technologies will assist
California in achieving the 2020 statewide limit on emissions of
greenhouse gases established by this division and will provide an
opportunity for the state to take a global economic and technological
leadership role in reducing emissions of greenhouse gases.
(f) It is the intent of the Legislature that the State Air
Resources Board coordinate with state agencies, as well as consult
with the environmental justice community, industry sectors, business
groups, academic institutions, environmental organizations, and other
stakeholders, in implementing this division.
(g) It is the intent of the Legislature that the State Air
Resources Board consult with the Public Utilities Commission in the
development of emissions reduction measures, including limits on
emissions of greenhouse gases applied to electricity and natural gas
providers regulated by the Public Utilities Commission in order to
ensure that electricity and natural gas providers are not required to
meet duplicative or inconsistent regulatory requirements.
(h) It is the intent of the Legislature that the State Air
Resources Board design emissions reduction measures to meet the
statewide emissions limits for greenhouse gases established pursuant
to this division in a manner that cleans the environment in ways that
are cost effective for California residents, minimizes costs and
maximizes benefits for California's economy, improves and modernizes
California's energy infrastructure and maintains electric system
reliability, maximizes additional environmental and economic
co-benefits for California, and complements the state's efforts to
improve air quality.
(i) It is the intent of the Legislature that the Climate Action
Team established by the Governor to coordinate the efforts set forth
under Executive Order S-3-05 continue its role in coordinating
overall climate policy.
SEC. 2. Section 38561 of the Health and Safety
Code is amended to read:
38561. (a) (1) On or before January 1, 2009, the state board
shall prepare and approve a scoping plan, as that term is understood
by the state board, for achieving the maximum technologically
feasible and cost-effective reductions in greenhouse gas emissions
from sources or categories of sources of greenhouse gases by 2020
under this division.
(2) The state board shall consult with all state agencies with
jurisdiction over sources of greenhouse gases, including the Public
Utilities Commission and the State Energy Resources Conservation and
Development Commission, in developing all elements of its plan that
pertain to energy-related matters including, but not limited to,
electrical generation, energy efficiency, load based-standards or
requirements, the provision of reliable and affordable electrical
service, petroleum refining, the facilitation of the electrification
of the transportation sector, and statewide fuel supplies to ensure
the greenhouse gas emissions reduction activities to be adopted and
implemented by the state board are complementary, nonduplicative, and
can be implemented in an efficient and cost-effective manner.
(b) The plan shall identify and make recommendations on direct
emissions reduction measures, alternative compliance mechanisms,
market-based compliance mechanisms, and potential monetary and
nonmonetary incentives for sources and categories of sources that the
state board finds are necessary or desirable to facilitate the
achievement of the maximum feasible and cost-effective reductions of
greenhouse gas emissions by 2020.
(c) In making the determinations required by subdivision (b), the
state board shall consider all relevant information pertaining to
greenhouse gas emissions reduction programs in other states,
localities, and nations, including the northeastern states of the
United States, Canada, and the European Union.
(d) The state board shall evaluate the total potential costs and
total potential economic and noneconomic benefits of the plan for
reducing greenhouse gases to California's economy, environment, and
public health, using the best available economic models, emission
estimation techniques, and other scientific methods.
(e) In developing its plan, the state board shall take into
account the relative contribution of each source or source category
to statewide greenhouse gas emissions, and the potential for adverse
effects on small businesses, and shall recommend a de minimis
threshold of greenhouse gas emissions below which emissions reduction
requirements will not apply.
(f) In developing its plan, the state board shall identify
opportunities for emissions reduction measures from all verifiable
and enforceable voluntary actions, including, but not limited to,
carbon sequestration projects and best management practices.
(g) The state board shall conduct a series of public workshops to
give interested parties an opportunity to comment on the plan. The
state board shall conduct a portion of these workshops in regions of
the state that have the most significant exposure to air pollutants,
including, but not limited to, communities with minority populations,
communities with low-income populations, or both.
(h) The state board shall update its plan for achieving the
maximum technologically feasible and cost-effective reductions of
greenhouse gas emissions at least once every five years.