BILL ANALYSIS Ó AB 1 Page 1 ASSEMBLY THIRD READING AB 1 (Brown) As Introduced December 1, 2014 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+----------------------+---------------------| |Local |9-0 |Maienschein, | | |Government | |Gonzalez, Alejo, | | | | |Chiu, Cooley, Gordon, | | | | |Holden, Linder, | | | | |Waldron | | -------------------------------------------------------------------- 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 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. AB 1 Page 2 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. 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 AB 1 Page 3 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 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. AB 1 Page 4 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 misdemeanor and, upon conviction, shall be punishable by a fine of not to exceed $1,000 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. AB 1 Page 5 "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. "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 AB 1 Page 6 actions to prepare for drought conditions. This followed a series of actions by the Brown Administration that 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 Assembly Local Government Committee, but was not heard at the request of the author. AB 2100 (Campos), Chapter 164, Statutes of 2014, prohibited 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 Constitution related to the beneficial use of water resources, AB 1 Page 7 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. Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0000118