BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                         AB 1


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          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.










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          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  








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            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.








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          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.










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            "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  








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            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,  








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            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