BILL ANALYSIS Ó
AB 1
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Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1
(Brown) - As Introduced December 1, 2014
SUBJECT: Drought: local governments: fines.
SUMMARY: Prohibits a city or county from imposing a fine for a
brown lawn or failure to water a lawn during a period for which
the Governor has issued a state of emergency of emergency due to
drought conditions. Specifically, this bill:
1)Adds a new section to the California Emergency Services Act
(Act) to prohibit, during a period for which the Governor has
issued a proclamation of a state of emergency based on drought
conditions, 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 for having a brown
lawn.
2)Provides that a violation of this section is not subject to
the criminal penalties set forth in the Act.
3)States that the Legislature finds and declares that this act
is in furtherance of the policy contained in the California
Constitution that requires the water resources of the state to
be put to beneficial and is a matter of statewide concern.
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EXISTING LAW:
1)Allows cities and counties to make and enforce within its
limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws.
2)Declares, pursuant to the California Constitution, the
requirement that the water resources
of the state be put to beneficial use to the fullest extent of
which they are capable, as specified.
3)Allows any public entity which supplies water at retail or
wholesale for the benefit of persons within the service area
or area of jurisdiction of the public entity to, by ordinance
or resolution adopted by a majority of the members of the
governing body after holding a public hearing, as specified,
to adopt and enforce a water conservation program to reduce
the quantity of water used by those persons for the purpose of
conserving the water supplies
of the public entity. "Public entity" is defined as a city,
whether general law or chartered, county, city and county,
special district, agency, authority, any other municipal
public corporation or district, or any other political
subdivision of the state.
4)Empowers, pursuant to the Act, the Governor to proclaim a
state of emergency and requires such a proclamation to be in
writing and to take effect immediately upon its issuance.
5)Requires the proclamation to be filed with the office of the
Secretary of State and requires the Governor to cause
widespread publicity and notice to be given to such
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proclamation.
6)Allows, during a state of emergency, the Governor, to the
extent he deems necessary, to have complete authority over all
agencies of the state government and the right to exercise
within the area designated all police power vested in the
state by the Constitution and laws of the State of California.
Allows the Governor to promulgate, issue, and enforce such
orders and regulations as he deems necessary, as provided.
7)Allows the Governor to make, amend, or rescind orders and
regulations during a state
of emergency that temporarily suspend any state, county, city,
or special district statute, ordinance, regulation, or rule
imposing nonsafety related restrictions on the delivery of
food products, pharmaceuticals, and other emergency
necessities distributed through retail or other institutional
channels, including, but not limited to, hospitals, jails,
restaurants, and schools.
8)Allows the Governor to direct all agencies of the state
government to utilize and employ state personnel, equipment,
and facilities for the performance of any and all activities
designed to prevent or alleviate actual and threatened damage
due to the emergency, as specified.
9)Requires the Governor to proclaim the termination of a state
of emergency at the earliest possible date that conditions
warrant.
10)Specifies that any person who violates any provisions of the
Act or who refuses or willfully neglects to obey any lawful
order or regulation promulgated or issued shall be guilty of a
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misdemeanor and, upon conviction, shall be punishable by a
fine of not to exceed $1000 or by imprisonment for not to
exceed six months or by both such fine and imprisonment.
FISCAL EFFECT: None.
COMMENTS:
1)Bill Summary. This bill prohibits, during a period for which
the Governor has issued a proclamation of a state of emergency
based on drought conditions, 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 for having a brown lawn. The bill provides that a
violation of this section is not subject to the criminal
penalties that are detailed in the Act.
This bill is author-sponsored.
2)Author's Statement. According to the author, "A number of
California cities have lawn 'maintenance' ordinances that
specify the condition in which residents' laws must be kept.
These ordinances allow cities to levy fines for failure to
maintain a lawn in a prescribed way, including anything that
is deemed to diminish the aesthetic appeal of ones' front
yard. Fines for violating "maintenance" ordinances can range
from $100 a week to a flat fee of $500."
"Since the Governor's drought declaration, residents in the
cities of Glendale, Upland, San Bernardino, and other cities
have reported being fined or receiving a warning about a
pending fine by their city for failing to maintain their lawn
by not watering it or allowing it to turn brown.
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"In order to prepare the state's future water needs it is
imperative that all Californians do their part to conserve
water. When a drought is declared, local ordinances that
penalize residents who choose to conserve water by not
watering their lawns or letting their lawns turn brown,
directly conflict with the state's water interests."
3)Warnings and Fines. The author provided several news articles
in which homeowners were given warnings or were fined for yard
maintenance issues by cities. In some instances the warnings
or fines were related to not just underwatering or letting a
lawn turn brown, but also included clean-up of garbage on lawn
or cutting of high grass or shrubbery.
In the most severe situation provided by the author, a
homeowner in the City of Upland faced misdemeanor charges for
"failing to follow city code, and properly maintaining his
front yard and parkway space," according to the Inland Valley
Daily Bulletin, stemming from the homeowner's decision to stop
watering his lawn in August of 2013. As of January 2015, that
homeowner planned to go to trial, and faced, according to the
Inland Valley Daily Bulletin, up to $4,000 in fines, or six
months in jail. The homeowner was offered a deal several
times to reduce the amount of the fine if he corrected the
issue, but he opted instead to go to trial.
4)Emergency Drought Declaration and Executive Orders. On
January 17, 2014, Governor Brown proclaimed a state of
emergency due to drought, and directed state officials to take
all necessary actions to prepare for drought conditions. This
followed a series of actions by the Brown Administration that
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included the issuance of an Executive Order in May of 2013 to
direct state water officials to expedite the review and
processing of voluntary transfers of water and water rights,
and the formation of a Drought Task Force in December of 2013.
On April 1, 2015, Governor Brown issued Executive Order
B-29-15, in accordance with the authority granted to him by
the Constitution and several Government Code Sections within
the Act. As part of the Executive Order, the Governor has
ordered the State Water Resources Control Board to impose
restrictions to achieve a statewide 25% reduction in potable
urban water usage through February 28, 2016, which will
require water suppliers to California's cities and towns to
reduce usage as compared to the amount used in 2013. The
Executive Order also orders the Department of Water Resources
to lead a statewide initiative, in partnership with local
agencies, to collectively replace 50 million square feet of
lawns and ornamental turf with drought tolerant landscapes.
5)Previous Legislation. AB 1636 (Brown) of 2014 would have
prohibited a city or county from enforcing any law or
ordinance requiring a resident to water his or her lawn during
a drought emergency declared by the Governor. The bill was
referred to the Local Government Committee, but was not heard
at the request of the author.
AB 2100 (Campos), Chapter 164, Statutes of 2014, prohibits a
common-interest development from imposing a fine or assessment
against an owner for reducing or eliminating watering of
vegetation or lawns during a declared drought.
6)Charter Cities. This bill contains, in Section 1, language
stating that the Legislature finds and declares that this bill
is in furtherance of the policy contained in the California
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Constitution related to the beneficial use of water resources,
and is therefore a matter of statewide concern. Because of
this language in the bill, the provisions of the bill would
apply to charter cities as well as general law cities.
7)Arguments in Support. Supporters argue that this bill is
straight-forward and provides a common sense measure to ensure
households are not penalized for conserving water.
8)Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
Apartment Association, California Southern Cities
Apartment Association of Orange County
California Association of Realtors
California Building Industry Association
City of Encinitas
East Bay Municipal Utility District
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East Bay Rental Housing Association
Nor Cal Rental Property Association
North Valley Property Owners Association
San Diego County Apartment Association
Sierra Club California
Opposition
None on file
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958
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