BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1164|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1164
Author: Gatto (D), et al.
Amended: 9/1/15 in Senate
Vote: 27 - Urgency
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 7/8/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
NO VOTE RECORDED: Moorlach
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Water conservation: drought tolerant landscaping
SOURCE: Author
DIGEST: This bill prohibits cities and counties from enacting
and enforcing any ban on the installation of synthetic grass or
artificial turf on residential property.
ANALYSIS: Existing law, Article XI, Section 7 of 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."
AB 1164
Page 2
This bill:
1)Prohibits a city, including a charter city, county, or city
and county, from enacting any ordinance or regulation, or
enforcing any existing ordinance or regulation, that prohibits
the installation of synthetic grass or artificial turf on
residential property.
2)Allows a city, including a charter city, county, or city and
county, to impose reasonable restrictions on the type of
synthetic grass or artificial turf that may be installed on
residential property provided that those restrictions do not
do either of the following:
a) Substantially increase the cost of installing synthetic
grass or artificial turf.
b) Effectively prohibit the installation of synthetic grass
or artificial turf.
Background
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 that, among its many provisions intended to
improve government response to the drought and promote water
conservation:
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 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 (DWR) 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.
In response to the Governor's executive order, DWR is in the
process of establishing a program to reduce lawn irrigation by
replacing residential turf and promoting low water-use
AB 1164
Page 3
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. Exercising their authority under the police power,
some California local governments have adopted ordinances that
ban residents from using synthetic grass or artificial turf to
replace real grass lawns.
Water conservation advocates want the Legislature to invalidate
local prohibitions against artificial turf and provide funding
to DWR for programs to implement the Governor's executive order.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
According to the Senate Appropriations Committee, no state costs
are anticipated as a result of provisions that prohibit cities
and counties from enacting or enforcing specified ordinances and
regulations prohibiting synthetic grass.
SUPPORT: (Verified8/27/15)
American Planning Association, California Chapter
Association of California Water Agencies
California Association of Realtors
California Landscape Contractors Association
California Municipal Utilities Association
City of Burbank
City of Los Angeles
Coachella Valley Water District
Metropolitan Water District of Southern California
San Diego County Water Authority
Three Valleys MWD
Turf Terminators
AB 1164
Page 4
OPPOSITION: (Verified8/27/15)
None received
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
9/1/15 21:30:29
**** END ****