BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1164|
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                                   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."








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          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  







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          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







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          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


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