BILL ANALYSIS Ó
AB 1
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ASSEMBLY THIRD READING
AB
1 (Brown)
As Introduced December 1, 2014
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+---------------------|
|Local |9-0 |Maienschein, | |
|Government | |Gonzalez, Alejo, | |
| | |Chiu, Cooley, Gordon, | |
| | |Holden, Linder, | |
| | |Waldron | |
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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