Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1

Introduced by Assembly Member Brown

begin insert

(Coauthor: Senator Nielsen)

end insert

December 1, 2014

An act to add Section 8627.7 to the Government Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 1, as amended, Brown. Drought: local governments: fines.

The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought.

This bill would prohibit a city, county, or city and county from imposing a fine under any begin delete local maintenance ordinance or other relevant end delete ordinance for a failure to water a lawn or having a brown lawn during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares begin delete that end delete begin insert both of
the following: end insert

begin insert (a) end insert begin insert   end insert begin insert That end insert this act is in furtherance of the policy contained in
Section 2 of Article X of the California begin delete Constitution and end delete
begin insert Constitution. end insert

begin insert (b) end insert begin insert   end insert begin insert The prohibition on imposing fines for failing to water a lawn
or for having a brown lawn during a period for which the Governor
has issued a proclamation of a state of emergency based on
drought conditions end insert is a matter of statewide begin delete concern. end delete begin insert concern and
not a municipal affair, as that term is used in Section 5 of Article
XI of the California Constitution. Therefore, Section 2 of this act
shall apply to charter cities. end insert

SEC. 2.  

Section 8627.7 is added to the Government Code, to
read:

8627.7.  

(a) During a period for which the Governor has issued
a proclamation of a state of emergency under this chapter based
on drought conditions, a city, county, or city and county shall not
impose a fine under any begin delete local maintenance ordinance or other
relevant end delete ordinance for a failure to water a lawn or for having a
brown lawn.

(b) A violation of this section is not subject to the criminal
penalties set forth in Section 8665.