Bill Text: CA AB1164 | 2015-2016 | Regular Session | Chaptered


Bill Title: Water conservation: drought tolerant landscaping.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 671, Statutes of 2015. [AB1164 Detail]

Download: California-2015-AB1164-Chaptered.html
BILL NUMBER: AB 1164	CHAPTERED
	BILL TEXT

	CHAPTER  671
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2015
	APPROVED BY GOVERNOR  OCTOBER 9, 2015
	PASSED THE SENATE  SEPTEMBER 9, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2015
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN SENATE  JULY 1, 2015
	AMENDED IN SENATE  JUNE 22, 2015
	AMENDED IN ASSEMBLY  APRIL 21, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gatto
   (Principal coauthors: Assembly Members Gonzalez and McCarty)

                        FEBRUARY 27, 2015

   An act to add Section 53087.7 to the Government Code, relating to
water conservation, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1164, Gatto. Water conservation: drought tolerant landscaping.
   Existing law generally authorizes every city and county, including
a charter city, in this state to make and enforce within its limits
all local, police, sanitary, and other ordinances and regulations
that are not in conflict with general laws.
   This bill would prohibit a city, including a charter city, county,
and city and county, from enacting or enforcing any ordinance or
regulation that prohibits the installation of drought tolerant
landscaping, synthetic grass, or artificial turf on residential
property, as specified. The bill would additionally state that this
is an issue of statewide concern.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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

  SECTION 1.  The Legislature hereby finds and declares:
   (a) With the lowest snowpack ever recorded, California finds
itself in 2015 in the fourth year of a historic, prolonged, and
potentially devastating drought.
   (b) Governor Edmund G. Brown Jr. issued an Executive order on
April 1, 2015, which, for the first time in California history,
directs the State Water Resources Control Board to implement
mandatory water reductions across the state to reduce water usage by
25 percent.
   (c) One component of the Governor's Executive order compels the
replacement of 50 million square feet of lawns throughout the state
with drought tolerant landscaping.
   (d) Among a wide variety of drought tolerant landscaping are a
variety of native plants and landscaping alternatives, including the
installation of synthetic grass or artificial turf.
   (e) According to the Department of Water Resources, landscape
irrigation represents 43 percent of urban water use. The installation
of synthetic grass or artificial turf, in lieu of conventional lawns
and landscapes, can directly reduce outdoor water use to help meet
the Governor's mandated 25-percent statewide water use reduction.
  SEC. 2.  Section 53087.7 is added to the Government Code, to read:
   53087.7.  (a) A city, including a charter city, county, or city
and county, shall not enact any ordinance or regulation, or enforce
any existing ordinance or regulation, that prohibits the installation
of drought tolerant landscaping, synthetic grass, or artificial turf
on residential property.
   (b) A city, including a charter city, county, or city and county,
may impose reasonable restrictions on the type of drought tolerant
landscaping, synthetic grass, or artificial turf that may be
installed on residential property provided that those restrictions do
not do any of the following:
   (1) Substantially increase the cost of installing drought tolerant
landscaping, synthetic grass, or artificial turf.
   (2) Effectively prohibit the installation of drought tolerant
landscaping, synthetic grass, or artificial turf.
   (3) Significantly impede the installation of drought tolerant
landscaping, including, but not limited to, a requirement that a
residential yard must be completely covered with living plant
material.
  SEC. 3.  The Legislature finds and declares the prolonged drought,
along with climate change, requires the state to address water
conservation goals that will have long-term impacts in this state.
The Legislature further finds and declares that drought tolerant
landscaping, including the installation of synthetic grass or
artificial turf, is a viable landscaping alternative that will
further the goal of addressing long-term water conservation.
Therefore, allowing property owners in this state to install drought
tolerant landscaping, synthetic grass, or artificial turf on their
residential properties is a matter of statewide concern, not a
municipal affair as that term is used in Section 5 of Article XI of
the California Constitution.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to address the historic, prolonged, and potentially
devastating drought, it is necessary that residents of this state be
able to replace water inefficient landscaping with drought tolerant
landscaping as quickly as possible; therefore, it is necessary that
this act take effect immediately.
                                         
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