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