AMENDED IN SENATE APRIL 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

96

CHAPTER 498

Statutes of 2023

[ Approved by Governor October 8, 2023. Filed with Secretary of State October 8, 2023. ]

Introduced by Senator Allen

February 16, 2023

An act to amend Section 53087.7 of the Government Code, relating to local government.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law prohibits 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.

This bill would instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. The bill would specify that drought-tolerant landscaping does not include the installation of synthetic grass or artificial turf.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The people of the State of California do enact as follows:

SECTION 1.

Section 53087.7 of the Government Code is amended 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 using living plant material on residential property.

(b) For the purposes of this section, “drought-tolerant landscaping” shall not include the installation of synthetic grass or artificial turf.

SEC. 2.

The Legislature finds and declares that 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 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 on their residential properties is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 53087.7 of the Government Code applies to all cities, including charter cities.