BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
------------------------------------------------------------------
|Bill No: |AB 1 |Hearing | 6/10/15 |
| | |Date: | |
|----------+---------------------------------+-----------+---------|
|Author: |Brown |Tax Levy: |No |
|----------+---------------------------------+-----------+---------|
|Version: |12/1/14 |Fiscal: |No |
------------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Weinberger |
|: | |
-----------------------------------------------------------------
LOCAL FINES DURING A DROUGHT EMERGENCY
Prohibits a city or county from imposing a fine for a brown lawn
or failure to water a lawn during a state of emergency
proclaimed by the Governor due to drought.
Background and Existing Law
The California Emergency Services Act grants the Governor the
power to declare a state of emergency in cases of extreme peril
to life, property, or state resources. The Act grants the
Governor broad powers to deal with emergencies, including
suspending regulatory statutes, commandeering private property
or personnel, and making expenditures from available funds.
On January 17, 2014, pursuant to his powers under state law,
including the California Emergency Services Act, Governor Brown
issued a proclamation of a state of emergency due to drought
conditions. On April 1, 2015, Governor Brown issued an
executive order in accordance with the authority granted to him
by the Constitution and the Emergency Services Act. Among its
many provisions intended to improve government response to the
drought and promote water conservation, the Governor's executive
order:
Directs 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
AB 1 (Brown) 12/1/14 Page 2
of ?
will require water suppliers to California's cities and
towns to reduce usage as compared to the amount used in
2013.
Directs 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.
The police power is the inherent authority of sovereign
governments to regulate private behavior, consistent with
constitutional rights and procedures. The California
Constitution delegates the police power to cities and counties
to "make and enforce within [their] limits all local, police,
sanitary, and other ordinances and regulations not in conflict
with general laws" (Article XI, Section 7). Courts have
interpreted the police power as including the power to regulate
the physical of appearance of the environment within a
community, including ordinances that enforce aesthetic
standards.
Some California residents who have stopped watering their lawns
or allowed their lawns to go brown reportedly are being
subjected to fines imposed pursuant to local ordinances that
specify certain aesthetic standards for front yards. In
response, advocates for water conservation want the Legislature
to prohibit local governments from imposing such fines during a
period of drought emergency declared by the Governor.
Proposed Law
Assembly Bill 1 prohibits a city or county, during a period for
which the Governor has issued a proclamation of a state of
emergency under state law based on drought conditions, 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 directs that a violation of its provisions is not subject
to specified criminal penalties.
The bill contains legislative findings and declarations that the
bill's provisions:
AB 1 (Brown) 12/1/14 Page 3
of ?
Further the policy expressed in the California
Constitution requiring the state's water resources to be
put to beneficial use.
Are a matter of statewide concern.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Some local governments have adopted
ordinances that that specify the condition in which residents'
lawns must be kept and allow the local government to impose
fines for failure to maintain a lawn in a prescribed way,
including anything that is deemed to diminish the aesthetic
appeal of a front yard. Fines can range from $100 a week to a
flat fee of $500. When the Governor declares a drought
emergency, 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
conservation interests. Last year, the Legislature passed a
bill prohibiting 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 (AB
2100, Campos, Chapter 164, Statutes of 2014). AB 1 extends this
common-sense policy to fines imposed by local governments during
a declared drought-emergency.
2. Open to interpretation . AB 1 specifically prohibits local
governments from imposing fines under "any local maintenance
ordinance or other relevant ordinance for a failure to water a
lawn or for having a brown lawn." The bill does not define the
term "maintenance ordinance," which does not appear anywhere
else in state law. By specifying that fines are prohibited only
if they are imposed under a specific type of ordinance, AB 1's
language leaves open the question of whether a local government
could justify imposing a fine for failing to water a lawn
pursuant to an ordinance that is not a "maintenance ordinance"
or "relevant" to a maintenance ordinance. To avoid potential
misinterpretation, the Committee may wish to consider amending
AB 1 (Brown) 12/1/14 Page 4
of ?
AB 1 to clarify that a local government may not impose a fine
under any ordinance for failing to water a lawn during a
drought-emergency.
3. Charter cities, too ? AB 1 contains language declaring that
the bill addresses a matter of statewide concern. This language
is typically used to assert that a statute applies to charter
cities in addition to general law cities. However, the bill
does not explicitly declare that it is intended to apply to
charter cities. The Committee may wish to consider amending AB
1 to contain a more thorough declaration regarding the statewide
concern addressed by the bill and the Legislature's intent that
the bill should apply to charter cities.
4. 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.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 78-0
Support and
Opposition (6/4/15)
Support : Apartment Association, California Southern Cities;
Apartment Association of Orange County; California Association
of Realtors; California Building Industry Association; City of
Encinitas; Coachella Valley Water District; Desert Water Agency;
East Bay Municipal Utility District; East Bay Rental Housing
Association; El Dorado Irrigation District; Municipal Water
District of Orange County; Nor Cal Rental Property Association;
North Valley Property Owners Association; San Diego County
Apartment Association; Santa Clara County Water District; Sierra
Club California; Matthew Villalva.
Opposition : Unknown.
AB 1 (Brown) 12/1/14 Page 5
of ?
-- END --