Disposition of controlled substances.

Plain English Breakdown

The bill summary and digest do not provide specific details about federal regulations that must be followed when using the incinerators.

Disposal of Controlled Substances

AB-1612 allows law enforcement agencies to buy and install incinerators to destroy seized controlled substances, exempts these projects from environmental review laws (CEQA) if certain requirements are met, and sets rules for disposal.

What This Bill Does

• Allows local police departments, sheriff’s offices, or state law enforcement agencies in possession of a controlled substance to purchase and install an incinerator for the sole purpose of destroying seized controlled substances.
• Requires these agencies to follow specified federal regulations when using the incinerator.
• Exempts projects involving the purchase and installation of an incinerator from CEQA if they comply with certain requirements.
• Authorizes multiple law enforcement agencies to share costs for purchasing and installing an incinerator through memorandums of understanding.

Who It Names or Affects

• Local police departments
• Sheriff’s offices
• State law enforcement agencies

Terms To Know

CEQA

California Environmental Quality Act, which requires environmental reviews for projects that might harm the environment.

Incinerator

A machine used to burn waste materials.

Limits and Unknowns

• The bill does not specify how much it will cost agencies to buy and install incinerators.
• It is unclear what the environmental impact of using these incinerators might be.
• Local agencies must determine if they can use this exemption, which may add work for them.

Official Summary Text

AB 1612, as amended, Alanis.
Incineration of controlled substances: California Environmental Quality Act: law enforcement exemption.
Disposition of controlled substances.
Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense.
Existing law authorizes a police or sheriff’s department, the Department of Justice, or the Department of the California Highway Patrol to, with an order from the court, destroy controlled substances, instruments, or paraphernalia, as specified.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
This bill would authorize a local police department, sheriff’s office, or state law enforcement agency
in possession of a controlled substance
to
purchase and install an incinerator for the sole purpose of destroying seized controlled substances, as provided. The bill would require the local police department, sheriff’s office, or state law enforcement agency to follow specified federal regulations and to notify the State Air Resources Board and the local air quality management district or local air pollution control district of the project, as specified. The bill would authorize multiple law enforcement agencies to purchase and install an incinerator for these purposes through a memorandum of understanding that details cost sharing. The bill would exempt a project to purchase and install an incinerator that complies with these requirements from CEQA. Because a lead agency would be required to determine the applicability of
this exemption, the bill would impose a state-mandated local program.
transport a controlled substance that has been held beyond the applicable retention period for an ongoing investigation or related proceedings, and that they are otherwise authorized by law to destroy, to the Department of Justice for disposal. The bill would authorize the Department of Justice, upon an appropriation by the Legislature, to contract with a third party to dispose of all controlled substances received pursuant to these provisions.
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.

Current Bill Text

Download Bill PDF