SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 1164
THIRD READING
Bill No:
Author:
Amended:
Vote:
AB 1164
Gatto (D), et al.
9/1/15 in Senate
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."
This bill:
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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 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
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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.:
No
Local: 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: (Verified 8/27/15)
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
OPPOSITION: (Verified 8/27/15)
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,
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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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