California Assembly Bill AB2672 Amended / Bill

 BILL NUMBER: AB 2672AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 5, 2016 INTRODUCED BY Assembly Member Bonilla FEBRUARY 19, 2016  An act to amend Section 8001 of the Health and Safety Code, relating to public health.   An act to amend Sections 27, 101, 144, 205.1, 19300, 19300.5, 19302, 19302.1, 19306, 19332.5, 19335, 19350, 19351, and 19352 of,   to amend the heading of Article 5 (commencing with Section 19326) of Chapter 3.5 of Division 8 of, and to amend the heading of Chapter 3.5 (commencing with Section 19300) of Division 8 of, the Business and Professions Code, to amend Section 12029 of the Fish and Game Code, to amend Section 9147.7 of the Government Code, to amend Sections 11362.769, 11362.775, and 11362.777 of the Health and Safety Code, to amend Section   31020 of the Revenue and Taxation Code, and to amend Section 13276 of the Water Code, relating to medical cannabis.  LEGISLATIVE COUNSEL'S DIGEST AB 2672, as amended, Bonilla.  Human remains: disinterment and removal.   Medical cannabis.   Existing law, the Medical Marijuana Regulation and Safety Act, establishes the licensure of persons engaged in specified activities relating to medical cannabis and other regulatory provisions. That act establishes within the Department of Consumer Affairs the Bureau of Medical Marijuana Regulation. That act also requires a licensing authority to deposit all licensing fees to be deposited into accounts established in the Medical Marijuana Regulation and Safety Act Fund, a fund established in the State Treasury. Existing law imposes certain fines and civil penalties for specified violations of the act and requires moneys collected as a result of these fines and civil penalties to be deposited into the Medical Marijuana Fines and Penalties Account, established within that fund.   This bill would rename, on January 1, 2017, the act as the Medical Cannabis Regulation and Safety Act and the bureau as the Bureau of Medical Cannabis Regulation. This bill would rename, on January 1, 2017, the fund as the Medical Cannabis Regulation and Safety Act Fund and the account as the Medical Cannabis Fines and Penalties Account. The bill would make conforming changes to the act and would replace, where appropriate, the term "marijuana" with the term "cannabis."   This bill would also make other conforming and similar changes to other related areas of law.   Existing law authorizes the remains of a deceased person to be removed from a cemetery upon written order of the health department having jurisdiction or the superior court of the county in which the cemetery is situated. Existing law authorizes the remains of a deceased person to be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of a surviving family member, as specified. Under specified circumstances, existing law also authorizes the board of supervisors of a county that owns a cemetery authority to order the disinterment and removal of all human remains interred in the cemetery, subject to specified procedures. Existing law requires the publication of the notice of declaration of intended abandonment and removal by the county at least 60 days prior to removal of human remains.   This bill would instead require that publication of notice to occur at least 70 days prior to removal of human remains.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 27 of the   Business and Professions Code   is amended to read:  27. (a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee's address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entity's internal administrative use and not for disclosure as the licensee's address of record or disclosure on the Internet. (b) In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs' guidelines for access to public records. (c) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section: (1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees. (2) The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. (3) The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators. (4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors. (5) The Professional Fiduciaries Bureau shall disclose information on its licensees. (6) The Contractors' State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code. (7) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code. (8) The California Board of Accountancy shall disclose information on its licensees and registrants. (9) The California Architects Board shall disclose information on its licensees, including architects and landscape architects. (10) The State Athletic Commission shall disclose information on its licensees and registrants. (11) The State Board of Barbering and Cosmetology shall disclose information on its licensees. (12) The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants. (13) The Acupuncture Board shall disclose information on its licensees. (14) The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors. (15) The Dental Board of California shall disclose information on its licensees. (16) The State Board of Optometry shall disclose information regarding certificates of registration to practice optometry, statements of licensure, optometric corporation registrations, branch office licenses, and fictitious name permits of its licensees. (17) The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists. (d) The State Board of Chiropractic Examiners shall disclose information on its licensees. (e) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment. (f) The Bureau of Medical  Marijuana   Cannabis  Regulation shall disclose information on its licensees. (g) "Internet" for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.  SEC. 2.   Section 101 of the   Business and Professions Code   is amended to read:  101. The department is comprised of the following: (a) The Dental Board of California. (b) The Medical Board of California. (c) The State Board of Optometry. (d) The California State Board of Pharmacy. (e) The Veterinary Medical Board. (f) The California Board of Accountancy. (g) The California Architects Board. (h) The Bureau of Barbering and Cosmetology. (i) The Board for Professional Engineers and Land Surveyors. (j) The Contractors' State License Board. (k) The Bureau for Private Postsecondary Education. (l) The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. (m) The Board of Registered Nursing. (n) The Board of Behavioral Sciences. (o) The State Athletic Commission. (p) The Cemetery and Funeral Bureau. (q) The State Board of Guide Dogs for the Blind. (r) The Bureau of Security and Investigative Services. (s) The Court Reporters Board of California. (t) The Board of Vocational Nursing and Psychiatric Technicians. (u) The Landscape Architects Technical Committee. (v) The Division of Investigation. (w) The Bureau of Automotive Repair. (x) The Respiratory Care Board of California. (y) The Acupuncture Board. (z) The Board of Psychology. (aa) The California Board of Podiatric Medicine. (ab) The Physical Therapy Board of California. (ac) The Arbitration Review Program. (ad) The Physician Assistant Committee. (ae) The Speech-Language Pathology and Audiology Board. (af) The California Board of Occupational Therapy. (ag) The Osteopathic Medical Board of California. (ah) The Naturopathic Medicine Committee. (ai) The Dental Hygiene Committee of California. (aj) The Professional Fiduciaries Bureau. (ak) The State Board of Chiropractic Examiners. (a  l  ) The Bureau of Real Estate. (am) The Bureau of Real Estate Appraisers. (an) The Structural Pest Control Board. (ao) The Bureau of Medical  Marijuana   Cannabis  Regulation. (ap) Any other boards, offices, or officers subject to its jurisdiction by law.  SEC. 3.   Section 144 of the   Business and Professions Code   is amended to read:  144. (a) Notwithstanding any other provision of law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation. (b) Subdivision (a) applies to the following: (1) California Board of Accountancy. (2) State Athletic Commission. (3) Board of Behavioral Sciences. (4) Court Reporters Board of California. (5) State Board of Guide Dogs for the Blind. (6) California State Board of Pharmacy. (7) Board of Registered Nursing. (8) Veterinary Medical Board. (9) Board of Vocational Nursing and Psychiatric Technicians. (10) Respiratory Care Board of California. (11) Physical Therapy Board of California. (12) Physician Assistant Committee of the Medical Board of California. (13) Speech-Language Pathology and Audiology and Hearing Aid Dispenser Board. (14) Medical Board of California. (15) State Board of Optometry. (16) Acupuncture Board. (17) Cemetery and Funeral Bureau. (18) Bureau of Security and Investigative Services. (19) Division of Investigation. (20) Board of Psychology. (21) California Board of Occupational Therapy. (22) Structural Pest Control Board. (23) Contractors' State License Board. (24) Naturopathic Medicine Committee. (25) Professional Fiduciaries Bureau. (26) Board for Professional Engineers, Land Surveyors, and Geologists. (27) Bureau of Medical  Marijuana   Cannabis  Regulation. (c) For purposes of paragraph (26) of subdivision (b), the term "applicant" shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.  SEC. 4.   Section 205.1 of the   Business and Professions Code   is amended to read:  205.1. Notwithstanding subdivision (a) of Section 205, the Medical  Marijuana   Cannabis  Regulation and Safety Act Fund is a special fund within the Professions and Vocations Fund, and is subject to subdivision (b) of Section 205.  SEC. 5.   The heading of Chapter 3.5 (commencing with Section 19300) of Division 8 of the   Business and Professions Code   is amended to read:  CHAPTER 3.5. MEDICAL  MARIJUANA   CANNABIS  REGULATION AND SAFETY  ACT   ACT   SEC. 6.   Section 19300 of the   Business and Professions Code   is amended to read:  19300. This act shall be known and may be cited as the Medical Marijuana Regulation and Safety Act.  Commencing January 1, 2017, this act is hereby renamed, and shall thereafter be known as the Medical Cannabis Regulation and Safety Act. On and after that date, any references in law to the Medical Marijuana Regulation and Safety Act shall instead be deemed to refer to the Medical Cannabis Regulation and Safety Act   .   SEC. 7.   Section 19300.5 of the   Business and Professions Code   is amended to read:  19300.5. For purposes of this chapter, the following definitions shall apply: (a) "Accrediting body" means a nonprofit organization that requires conformance to ISO/IEC 17025 requirements and is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement for Testing. (b) "Applicant," for purposes of Article 4 (commencing with Section 19319), means the following: (1) Owner or owners of a proposed facility, including all persons or entities having ownership interest other than a security interest, lien, or encumbrance on property that will be used by the facility. (2) If the owner is an entity, "owner" includes within the entity each person participating in the direction, control, or management of, or having a financial interest in, the proposed facility. (3) If the applicant is a publicly traded company, "owner" means the chief executive officer or any person or entity with an aggregate ownership interest of 5 percent or more. (c) "Batch" means a specific quantity of medical cannabis or medical cannabis products that is intended to have uniform character and quality, within specified limits, and is produced according to a single manufacturing order during the same cycle of manufacture. (d) "Bureau" means the Bureau of Medical  Marijuana   Cannabis  Regulation within the Department of Consumer Affairs. (e) "Cannabinoid" or "phytocannabinoid" means a chemical compound that is unique to and derived from cannabis. (f) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from  marijuana.   cannabis.  "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. (g) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible medical cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. (h) "Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code. (i) "Certificate of accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state. (j) "Chief" means Chief of the Bureau of Medical  Marijuana   Cannabis  Regulation within the Department of Consumer Affairs. (k) "Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product, except as set forth in Section 19319, related to qualifying patients and primary caregivers. (l) "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (m) "Delivery" means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined by the bureau to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, or a testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under this chapter, that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products. (n) "Dispensary" means a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale. (o) "Dispensing" means any activity involving the retail sale of medical cannabis or medical cannabis products from a dispensary. (p) "Distribution" means the procurement, sale, and transport of medical cannabis and medical cannabis products between entities licensed pursuant to this chapter. (q) "Distributor" means a person licensed under this chapter to engage in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis products from a licensed manufacturer, for sale to a licensed dispensary. (r) "Dried flower" means all dead medical cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems. (s) "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum. An edible medical cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code. (t) "Fund" means the Medical  Marijuana   Cannabis  Regulation and Safety Act Fund established pursuant to Section 19351. (u) "Identification program" means the universal identification certificate program for commercial medical cannabis activity authorized by this chapter. (v) "Labor peace agreement" means an agreement between a licensee and a bona fide labor organization that, at a minimum, protects the state's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant's business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicant's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization. (w) "Licensing authority" means the state agency responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the license. (x) "Cultivation site" means a facility where medical cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, that holds a valid state license pursuant to this chapter, and that holds a valid local license or permit. (y) "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured medical cannabis, as described in subdivision (ae), or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or medical cannabis products or labels or relabels its container, that holds a valid state license pursuant to this chapter, and that holds a valid local license or permit. (z) "Testing laboratory" means a facility, entity, or site in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state. (2) Registered with the State Department of Public Health. (aa) "Transporter" means a person issued a state license by the bureau to transport medical cannabis or medical cannabis products in an amount above a threshold determined by the bureau between facilities that have been issued a state license pursuant to this chapter. (ab) "Licensee" means a person issued a state license under this chapter to engage in commercial cannabis activity. (ac) "Live plants" means living medical cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants. (ad) "Lot" means a batch, or a specifically identified portion of a batch, having uniform character and quality within specified limits. In the case of medical cannabis or a medical cannabis product produced by a continuous process, "lot" means a specifically identified amount produced in a unit of time or a quantity in a manner that ensures its having uniform character and quality within specified limits. (ae) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. (af) "Manufacturing site" means a location that produces, prepares, propagates, or compounds manufactured medical cannabis or medical cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities. (ag) "Medical cannabis," "medical cannabis product," or "cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. For the purposes of this chapter, "medical cannabis" does not include "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. (ah) "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis. (ai) "Permit," "local license," or "local permit" means an official document granted by a local jurisdiction that specifically authorizes a person to conduct commercial cannabis activity in the local jurisdiction. (aj) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. (ak) "State license," "license," or "registration" means a state license issued pursuant to this chapter. (al) "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the Health and Safety Code. (am) "Transport" means the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this chapter.  SEC. 8.   Section 19302 of the   Business and Professions Code   is amended to read:  19302. There is in the Department of Consumer Affairs the Bureau of Medical Marijuana Regulation, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter.  Commencing January 1, 2017, the bureau is hereby renamed and shall thereafter be known as the Bureau of Medical Cannabis Regulation. On and after that date, any references in law to the Bureau of Medical Marijuana Regulation shall instead be deemed to refer to the Bureau of Medical Cannabis Regulation   .   SEC. 9.   Section 19302.1 of the   Business and Professions Code   is amended to read:  19302.1. (a) The Governor shall appoint a chief of the bureau, subject to confirmation by the Senate, at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor. (b) Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe. In addition to every power granted or duty imposed with this chapter, the director shall have all other powers and duties generally applicable in relation to bureaus that are part of the Department of Consumer Affairs. (c) The director may employ and appoint all employees necessary to properly administer the work of the bureau, in accordance with civil service laws and regulations. (d) The Department of Consumer Affairs shall have the sole authority to create, issue, renew, discipline, suspend, or revoke licenses for the transportation, storage unrelated to manufacturing activities, distribution, and sale of medical  marijuana   cannabis  within the state and to collect fees in connection with activities the bureau regulates. The bureau may create licenses in addition to those identified in this chapter that the bureau deems necessary to effectuate its duties under this chapter. (e) The Department of Food and Agriculture shall administer the provisions of this chapter related to and associated with the cultivation of medical cannabis. The Department of Food and Agriculture shall have the authority to create, issue, and suspend or revoke cultivation licenses for violations of this chapter. The State Department of Public Health shall administer the provisions of this chapter related to and associated with the manufacturing and testing of medical cannabis.  SEC. 10.   Section 19306 of t   he   Business and Professions Code   is amended to read:  19306. (a) The bureau may convene an advisory committee to advise the bureau and licensing authorities on the development of standards and regulations pursuant to this chapter, including best practices and guidelines to ensure qualified patients have adequate access to medical cannabis and medical cannabis products. The advisory committee members shall be determined by the chief. (b) The advisory committee members may include, but not be limited to, representatives of the medical  marijuana   cannabis  industry, representatives of medical  marijuana   cannabis  cultivators, appropriate local and state agencies, appropriate local and state law enforcement, physicians, environmental and public health experts, and medical  marijuana   cannabis  patient advocates.  SEC. 11.   The heading of Article 5 (commencing with Section 19326) of Chapter 3.5 of Division 8 of the   Business and Professions Code   is amended to read:  Article 5. Medical  Marijuana   Cannabis  Regulation  SEC. 12.   Section 19332.5 of the   Business and Professions Code   is amended to read:  19332.5. (a) Not later than January 1, 2020, the Department of Food and Agriculture in conjunction with the bureau, shall make available a certified organic designation and organic certification program for medical  marijuana,   cannabis,  if permitted under federal law and the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. (b) The bureau may establish appellations of origin for  marijuana   cannabis grown in California. (c) It is unlawful for medical  marijuana   cannabis  to be marketed, labeled, or sold as grown in a California county when the medical  marijuana   cannabis  was not grown in that county. (d) It is unlawful to use the name of a California county in the labeling, marketing, or packaging of medical  marijuana   cannabis  products unless the product was grown in that county.  SEC. 13.   Section 19335 of the   Business and Professions Code   is amended to read:  19335. (a) The Department of Food and Agriculture, in consultation with the bureau, shall establish a track and trace program for reporting the movement of medical  marijuana   cannabis  items throughout the distribution chain that utilizes a unique identifier pursuant to Section 11362.777 of the Health and Safety Code and secure packaging and is capable of providing information that captures, at a minimum, all of the following: (1) The licensee receiving the product. (2) The transaction date. (3) The cultivator from which the product originates, including the associated unique identifier, pursuant to Section 11362.777 of the Health and Safety Code. (b) (1) The Department of Food and Agriculture shall create an electronic database containing the electronic shipping manifests which shall include, but not be limited to, the following information: (A) The quantity, or weight, and variety of products shipped. (B) The estimated times of departure and arrival. (C) The quantity, or weight, and variety of products received. (D) The actual time of departure and arrival. (E) A categorization of the product. (F) The license number and the unique identifier pursuant to Section 11362.777 of the Health and Safety Code issued by the licensing authority for all licensees involved in the shipping process, including cultivators, transporters, distributors, and dispensaries. (2) (A) The database shall be designed to flag irregularities for all licensing authorities in this chapter to investigate. All licensing authorities pursuant to this chapter may access the database and share information related to licensees under this chapter, including social security and individual taxpayer identifications notwithstanding Section 30. (B) The Department of Food and Agriculture shall immediately inform the bureau upon the finding of an irregularity or suspicious finding related to a licensee, applicant, or commercial cannabis activity for investigatory purposes. (3) Licensing authorities and state and local agencies may, at any time, inspect shipments and request documentation for current inventory. (4) The bureau shall have 24-hour access to the electronic database administered by the Department of Food and Agriculture. (5) The Department of Food and Agriculture shall be authorized to enter into memoranda of understandings with licensing authorities for data sharing purposes, as deemed necessary by the Department of Food and Agriculture. (6) Information received and contained in records kept by the Department of Food and Agriculture or licensing authorities for the purposes of administering this section are confidential and shall not be disclosed pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for authorized employees of the State of California or any city, county, or city and county to perform official duties pursuant to this chapter or a local ordinance. (7) Upon the request of a state or local law enforcement agency, licensing authorities shall allow access to or provide information contained within the database to assist law enforcement in their duties and responsibilities pursuant to this chapter.  SEC. 14.   Section 19350 of the   Business and Professions Code   is amended to read:  19350. Each licensing authority shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this chapter, as follows: (a) Each licensing authority shall charge each licensee a licensure and renewal fee, as applicable. The licensure and renewal fee shall be calculated to cover the costs of administering this chapter. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this chapter as they relate to the nature and scope of the different licensure activities, including, but not limited to, the track and trace program required pursuant to Section 19335, but shall not exceed the reasonable regulatory costs to the licensing authority. (b) The total fees assessed pursuant to this chapter shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this chapter. (c) All license fees shall be set on a scaled basis by the licensing authority, dependent on the size of the business. (d) The licensing authority shall deposit all fees collected in a fee account specific to that licensing authority, to be established in the Medical  Marijuana   Cannabis  Regulation and Safety Act Fund. Moneys in the licensing authority fee accounts shall be used, upon appropriation of the Legislature, by the designated licensing authority for the administration of this chapter.  SEC. 15.   Section 19351 of the   Business and Professions Code   is amended to read:  19351. (a) The Medical Marijuana Regulation and Safety Act Fund is hereby established within the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on the moneys in the fund.  Commencing January 1, 2017, the fund is hereby renamed and shall thereafter be known as the Medical Cannabis Regulation and Safety Act Fund. On and after that date, any references in law to the Medical Marijuana Regulation and Safety Act Fund, as created by this section, shall instead be deemed to refer to the Medical Cannabis Regulation and Safety Act Fund   .  (b) (1) Funds for the establishment and support of the regulatory activities pursuant to this chapter shall be advanced as a General Fund or special fund loan, and shall be repaid by the initial proceeds from fees collected pursuant to this chapter or any rule or regulation adopted pursuant to this chapter, by January 1, 2022. Should the initial proceeds from fees not be sufficient to repay the loan, moneys from the Medical Cannabis Fines and Penalties Account shall be made available to the bureau, by appropriation of the Legislature, to repay the loan. (2) Funds advanced pursuant to this subdivision shall be appropriated to the bureau, which shall distribute the moneys to the appropriate licensing authorities, as necessary to implement the provisions of this chapter. (3) The Director of Finance may provide an initial operating loan from the General Fund to the Medical  Marijuana  Cannabis  Regulation and Safety Act Fund that does not exceed ten million dollars ($10,000,000). (c) Except as otherwise provided, all moneys collected pursuant to this chapter as a result of fines or penalties imposed under this chapter shall be deposited directly into the Medical Marijuana Fines and Penalties Account, which is hereby established within the fund, and shall be available, upon appropriation by the Legislature to the bureau, for the purposes of funding the enforcement grant program pursuant to subdivision (d).  Commencing January 1, 2017, the account is hereby renamed and shall   thereafter be known as the Medical Cannabis Fines and Penalties Account. On and after that date, any references in law to the Medical Marijuana Fines and Penalties Account shall instead be deemed to refer to the Medical Cannabis Fines and Penalties Account   .  (d) (1) The bureau shall establish a grant program to allocate moneys from the Medical Cannabis Fines and Penalties Account to state and local entities for the following purposes: (A) To assist with medical cannabis regulation and the enforcement of this chapter and other state and local laws applicable to cannabis activities. (B) For allocation to state and local agencies and law enforcement to remedy the environmental impacts of cannabis cultivation. (2) The costs of the grant program under this subdivision shall, upon appropriation by the Legislature, be paid for with moneys in the Medical Cannabis Fines and Penalties Account. (3) The grant program established by this subdivision shall only be implemented after the loan specified in this section is repaid.  SEC. 16.   Section 19352 of the   Business and Professions Code   is amended to read:  19352. The sum of ten million dollars ($10,000,000) is hereby appropriated from the Medical  Marijuana   Cannabis  Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the activities of the Bureau of Medical  Marijuana   Cannabis  Regulation. Funds appropriated pursuant to this section shall not include moneys received from fines or penalties.  SEC. 17.   Section 12029 of the  Fish and Game Code   is amended to read:  12029. (a) The Legislature finds and declares all of the following: (1) The environmental impacts associated with  marijuana   cannabis  cultivation have increased, and unlawful water diversions for  marijuana   cannabis  irrigation have a detrimental effect on fish and wildlife and their habitat, which are held in trust by the state for the benefit of the people of the state. (2) The remediation of existing marijuana   cannabis  cultivation sites is often complex and the permitting of these sites requires greater department staff time and personnel expenditures. The potential for  marijuana   cannabis  cultivation sites to significantly impact the state's fish and wildlife resources requires immediate action on the part of the department's lake and streambed alteration permitting staff. (b) In order to address unlawful water diversions and other violations of the Fish and Game Code associated with  marijuana   cannabis  cultivation, the department shall establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of these offenses. (c) The department, in coordination with the State Water Resources Control Board, shall establish a permanent multiagency task force to address the environmental impacts of  marijuana   cannabis  cultivation. The multiagency task force, to the extent feasible and subject to available  Resources,   resources,  shall expand its enforcement efforts on a statewide level to ensure the reduction of adverse impacts of  marijuana   cannabis  cultivation on fish and wildlife and their habitats throughout the state. (d) In order to facilitate the remediation and permitting of  marijuana   cannabis  cultivation sites, the department shall adopt regulations to enhance the fees on any entity subject to Section 1602 for  marijuana   cannabis  cultivation sites that require remediation. The fee schedule established pursuant to this subdivision shall not exceed the fee limits in Section 1609.  SEC. 18.   Section 9147.7 of the   Government Code   is amended to read:  9147.7. (a) For the purpose of this section, "eligible agency" means any agency, authority, board, bureau, commission, conservancy, council, department, division, or office of state government, however denominated, excluding an agency that is constitutionally created or an agency related to postsecondary education, for which a date for repeal has been established by statute on or after January 1, 2011. (b) The Joint Sunset Review Committee is hereby created to identify and eliminate waste, duplication, and inefficiency in government agencies. The purpose of the committee is to conduct a comprehensive analysis over 15 years, and on a periodic basis thereafter, of every eligible agency to determine if the agency is still necessary and cost effective. (c) Each eligible agency scheduled for repeal shall submit to the committee, on or before December 1 prior to the year it is set to be repealed, a complete agency report covering the entire period since last reviewed, including, but not limited to, the following: (1) The purpose and necessity of the agency. (2) A description of the agency budget, priorities, and job descriptions of employees of the agency. (3) Any programs and projects under the direction of the agency. (4) Measures of the success or failures of the agency and justifications for the metrics used to evaluate successes and failures. (5) Any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. (d) The committee shall take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency shall be eliminated unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency. No eligible agency shall be extended in perpetuity unless specifically exempted from the provisions of this section. The committee may recommend that the Legislature extend the statutory sunset date for no more than one year to allow the committee more time to evaluate the eligible agency. (e) The committee shall be comprised of 10 members of the Legislature. The Senate Committee on Rules shall appoint five members of the Senate to the committee, not more than three of whom shall be members of the same political party. The Speaker of the Assembly shall appoint five members of the Assembly to the committee, not more than three of whom shall be members of the same political party. Members shall be appointed within 15 days after the commencement of the regular session. Each member of the committee who is appointed by the Senate Committee on Rules or the Speaker of the Assembly shall serve during that committee member's term of office or until that committee member no longer is a Member of the Senate or the Assembly, whichever is applicable. A vacancy on the committee shall be filled in the same manner as the original appointment. Three Assembly Members and three Senators who are members of the committee shall constitute a quorum for the conduct of committee business. Members of the committee shall receive no compensation for their work with the committee. (f) The committee shall meet not later than 30 days after the first day of the regular session to choose a chairperson and to establish the schedule for eligible agency review provided for in the statutes governing the eligible agencies. The chairperson of the committee shall alternate every two years between a Member of the Senate and a Member of the Assembly, and the vice chairperson of the committee shall be a member of the opposite house as the chairperson. (g) This section shall not be construed to change the existing jurisdiction of the budget or policy committees of the Legislature. (h) This section shall not apply to the Bureau of Medical  Marijuana   Cannabis  Regulation.  SEC. 19.   Section 11362.769 of the   Health and Safety Code   is amended to read:  11362.769. Indoor and outdoor medical  marijuana   cannabis  cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, 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   cannabis  cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts.  SEC. 20.   Section 11362.775 of the   Health and Safety Code   is amended to read:  11362.775. (a) Subject to subdivision (b), qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate cannabis for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. (b) This section shall remain in effect only until one year after the Bureau of Medical  Marijuana   Cannabis  Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses pursuant to the Medical  Marijuana   Cannabis  Regulation and Safety Act (Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code), and is repealed upon issuance of licenses.  SEC. 21.   Section 11362.777 of the   Health and Safety Code   , as amended by Section 1 of Chapter 1 of the Statutes of 2016, 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.   cannabis.  For purposes of this section and Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, medical cannabis is an agricultural product. (b) (1) A person or entity shall not cultivate medical  marijuana   cannabis  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 section. (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   cannabis  will violate the provisions of any local ordinance or regulation, or if medical  marijuana   cannabis  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 permissive zoning. (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   cannabis  pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability before issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical  marijuana   cannabis  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   cannabis  before obtaining both a permit from the city, county, or city and county and a state medical  marijuana   cannabis  cultivation license from the department. (2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical  marijuana   cannabis  pursuant to this section shall notify the department in a manner prescribed by the secretary. (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. (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.   cannabis.  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 costs. (e) (1) The department, in consultation with, but not limited to, the Bureau of Medical  Marijuana   Cannabis  Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical  marijuana.   cannabis.  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   cannabis  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  marijuana   cannabis  plant. (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   cannabis  plant. (D) The department may promulgate regulations to implement this section. (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   cannabis  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 department. (g) This section does not apply to a qualified patient cultivating  marijuana   cannabis  pursuant to Section 11362.5 if the area he or she uses to cultivate  marijuana   cannabis  does not exceed 100 square feet and he or she cultivates  marijuana   cannabis  for his or her personal medical use and does not sell, distribute, donate, or provide  marijuana   cannabis  to any other person or entity. This section does not apply to a primary caregiver cultivating  marijuana   cannabis  pursuant to Section 11362.5 if the area he or she uses to cultivate  marijuana   cannabis  does not exceed 500 square feet and he or she cultivates  marijuana   cannabis  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   cannabis  shall be measured by the aggregate area of vegetative growth of live  marijuana   cannabis  plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from exercising its police authority under Section 7 of Article XI of the California Constitution.  SEC. 22.   Section 31020 of the   Revenue and Taxation Code   is amended to read:  31020. The board, in consultation with the Department of Food and Agriculture, shall adopt a system for reporting the movement of commercial cannabis and cannabis products throughout the distribution chain. The system shall not be duplicative of the electronic database administered by the Department of Food and Agriculture specified in Section 19335 of the Business and Professions Code. The system shall also employ secure packaging and be capable of providing information to the board. This system shall capture, at a minimum, all of the following: (a) The amount of tax due by the designated entity. (b) The name, address, and license number of the designated entity that remitted the tax. (c) The name, address, and license number of the succeeding entity receiving the product. (d) The transaction date. (e) Any other information deemed necessary by the board for the taxation and regulation of  marijuana   cannabis  and  marijuana   cannabis  products.  SEC. 23.   Section 13276 of the   Water Code   is amended to read:  13276. (a) The multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by  marijuana   cannabis  cultivation on public and private lands in California, shall continue its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of  marijuana   cannabis  cultivation on water quality and on fish and wildlife throughout the state. (b) Each regional board shall, and the State Water Resources Control Board may, address discharges of waste resulting from medical  marijuana   cannabis  cultivation and associated activities, including by adopting a general permit, establishing waste discharge requirements, or 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: (1) Site development and maintenance, erosion control, and drainage features. (2) Stream crossing installation and maintenance. (3) Riparian and wetland protection and management. (4) Soil disposal. (5) Water storage and use. (6) Irrigation runoff. (7) Fertilizers and soil. (8) Pesticides and herbicides. (9) Petroleum products and other chemicals. (10) Cultivation-related waste. (11) Refuse and human waste. (12) Cleanup, restoration, and mitigation.  SECTION 1.   Section 8001 of the Health and Safety Code is amended to read: 8001. Any resolution or declaration for abandonment adopted and made under this article shall specify and declare that at any time after the expiration of 70 days after the first publication of the notice of declaration of intended abandonment and removal, the human remains then remaining in the cemetery shall be removed by the county owning the cemetery. Notice of the declaration of intended abandonment of the cemetery and proposed removal of the human remains interred in the cemetery shall be given to all interested persons by publication in the newspaper of general circulation published in the county determined by the board of supervisors most likely to give notice to the parties concerned. Publication shall be made once a week for four consecutive times. The notice shall be entitled "Notice of Declaration of Abandonment of Lands for Cemetery Purposes and of Intention to Remove Human Bodies Interred Therein," and shall specify a date not less than 70 days after the first publication of the notice when the county controlling the cemetery lands and causing the notice to be published will proceed to remove the human remains then remaining in that cemetery. Notice shall also be mailed to any known living heir-at-law of any person whose remains are interred in the cemetery when the address of the heir is known.