BILL ANALYSIS Ó AB 1 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1 (Brown) As Amended June 16, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(April 23, |SENATE: |37-0 |(June 22, 2015) | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: L. GOV. 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. The Senate amendments clarify that this bill's provisions apply to charter cities and make other minor changes. 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. AB 1 Page 2 2)Empowers, pursuant to the California Emergency Services Act (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. AS PASSED BY THE ASSEMBLY, this bill: 1)Added a new section to the 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)Provided that a violation of this section is not subject to the criminal penalties set forth in the Act. 3)Stated that the Legislature found and declared 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. 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 ordinance for a failure to water a lawn or for having a brown lawn. This bill AB 1 Page 3 provides that a violation is not subject to the criminal penalties that are detailed in the Act, and declares that the matter is a statewide concern and not a municipal affair, thereby applying the bill's provisions to all cities, including charter cities. 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. "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. AB 1 Page 4 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 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 AB 1 Page 5 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. AB 1636 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)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. 7)Arguments in Opposition. None on file. Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0001014