BILL NUMBER: AB 1	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Brown
    (   Coauthor:   Senator   Nielsen
  ) 

                        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  local maintenance ordinance or
other relevant  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  that
  both of the following: 
    (a)     That  this act is in
furtherance of the policy contained in Section 2 of Article X of the
California  Constitution and   Constitution.

    (b)     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  is a matter of statewide
 concern.   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. 
  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  local maintenance ordinance or other
relevant  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.