BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 1


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1 (Brown)


          As Amended  June 16, 2015


          Majority vote


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          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.








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          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  








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            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.  









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            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  








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            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