Bill Text: CA AB1 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Drought: local governments: fines.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-07-13 - Chaptered by Secretary of State - Chapter 62, Statutes of 2015. [AB1 Detail]

Download: California-2015-AB1-Chaptered.html

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BILL NUMBER: AB 1	CHAPTERED
	BILL TEXT

	CHAPTER  62
	FILED WITH SECRETARY OF STATE  JULY 13, 2015
	APPROVED BY GOVERNOR  JULY 13, 2015
	PASSED THE SENATE  JUNE 22, 2015
	PASSED THE ASSEMBLY  JUNE 25, 2015
	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Brown
   (Coauthor: Senator Nielsen)

                        DECEMBER 1, 2014

   An act to add Section 8627.7 to the Government Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1, Brown. Drought: local governments: fines.
   The California Constitution requires that the water resources of
the state be put to beneficial use to the fullest extent of which
they are capable and that the waste or unreasonable use or
unreasonable method of use of water be prevented. Existing law, the
California Emergency Services Act, sets forth the emergency powers of
the Governor under its provisions and empowers the Governor to
proclaim a state of emergency for certain conditions, including
drought.
   This bill would prohibit a city, county, or city and county from
imposing a fine under any ordinance for a failure to water a lawn or
having a brown lawn during a period for which the Governor has issued
a proclamation of a state of emergency based on drought conditions.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) That this act is in furtherance of the policy contained in
Section 2 of Article X of the California Constitution.
   (b) The prohibition on imposing fines for failing to water a lawn
or for having a brown lawn during a period for which the Governor has
issued a proclamation of a state of emergency based on drought
conditions is a matter of statewide concern and not a municipal
affair, as that term is used in Section 5 of Article XI of the
California Constitution. Therefore, Section 2 of this act shall apply
to charter cities.
  SEC. 2.  Section 8627.7 is added to the Government Code, to read:
   8627.7.  (a) During a period for which the Governor has issued a
proclamation of a state of emergency under this chapter based on
drought conditions, a city, county, or city and county shall not
impose a fine under any ordinance for a failure to water a lawn or
for having a brown lawn.
   (b) A violation of this section is not subject to the criminal
penalties set forth in Section 8665.