This bill is part of the 2023 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
SB 756 (Laird D) Water: unlicensed cannabis cultivation site: procedure.
Note: SB 756 passed and was signed by the Governor.
(1) Existing law authorizes the State Water Resources Control Board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Existing law requires the board to take all appropriate proceedings or actions to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state.
This bill would authorize the board, in conducting an investigation or proceeding for these purposes, to inspect the property or facilities of any person or entity to ascertain certain purposes are being met or compliance with specified requirements. The bill would authorize the board, if consent is denied for an inspection, to obtain an inspection warrant, as specified, or in the event of an emergency affecting public health and safety pertaining to the particular site under which the inspection is being sought, to conduct an inspection without consent or a warrant. The bill would authorize the board to participate in an inspection of an unlicensed cannabis cultivation site, as specified. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program by expanding the application of a crime.
(2) Existing law authorizes the executive director of the board to issue a complaint to any person or entity on which administrative civil liability may be imposed pursuant to specified law, and requires the complaint to be served by personal notice or certified mail. Existing law requires the board to serve a copy of a decision or order on the parties by personal delivery or registered mail.
This bill would expand methods of notice for those purposes to include notice in accordance with the manner of service of a summons under specified provisions of the Code of Civil Procedure or by any method of physical delivery that provides a receipt.
(3) Existing law authorizes the board to issue a cease and desist order when it determines a specified violation is made. Existing law requires, in the event the violation is occurring or threatening to occur, the board to give notice by personal notice or certified mail, pursuant to which the party shall be informed that they may request a hearing not later than 20 days from the date on which the notice is received, to the person allegedly engaged in the violation.
This bill would expand methods of notice for those purposes to include notice in accordance with the manner of service of a summons under specified provisions of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt.
(4) Existing law, the Porter-Cologne Water Quality Control Act, requires a person who discharges waste into the waters of the state in violation of waste discharge requirements or other order or prohibition issued by a California regional water quality control board or the State Water Resources Control Board to clean up the waste or to abate the effects of the waste. Existing law authorizes the regional board to expend available moneys to perform any cleanup, abatement, or remedial work required under those circumstances. Existing law authorizes a regional board, in establishing or reviewing any water quality control plan or waste discharge requirements, or in connection with any action relating to any plan or requirement authorized by the act, to investigate the quality of any waters of the state within its region.
This bill would authorize a regional board to participate in an inspection of an unlicensed cannabis cultivation site, as specified.
(5) Existing law requires cease and desist orders issued by the board pursuant to the act to be served by personal service or by registered mail upon the person being charged with the violation of the requirements and upon other affected persons who appeared at the hearing and requested a copy.
This bill would instead require the cease and desist orders to be served by personal service, certified mail, or by any method of physical delivery that provides a receipt, upon the person being charged with the violation of the requirements, and by first class or electronic mail upon other affected persons who appeared at the hearing and requested a copy.
(6) The act authorizes a regional board to administratively impose civil liability in connection with violations of certain water quality provisions. Existing law authorizes any executive officer of a regional board to issue a complaint to any person on whom administrative civil liability may be imposed, as specified.
This bill would additionally authorize service of a complaint or order by any method of physical delivery that provides a receipt.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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