Amended in Assembly April 24, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2100


Introduced by Assembly Member Campos

(Principal coauthor: Assembly Member Brown)

February 20, 2014


An act to amend Section 4735 of the Civil Code,begin delete and to add Section 50034 to the Government Code,end delete relating to drought relief.

LEGISLATIVE COUNSEL’S DIGEST

AB 2100, as amended, Campos. Common interest developments:begin delete local governments:end delete yard maintenance: fines: drought.

The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments and requires that a development be managed by an association. That act provides that a provision of the governing documents of a development is void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group, or if it has the effect of prohibiting or restricting compliance with a local water-efficient landscape ordinance or water conservation measure, as specified.

This bill would prohibit an association from imposing a fine or assessment against a member of a separate interest for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency, or a local government has declared a local emergency, due to drought.

begin delete

Existing law provides for the creation and powers of cities, counties, and cities and counties.

end delete
begin delete

This bill would prohibit a city, county, or city and county from imposing a fine or assessment against a landowner for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency due to drought. This bill would find and declare that these provisions are an issue of statewide concern and not a municipal or county affair, as specified.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 4735 of the Civil Code is amended to
2read:

3

4735.  

(a) Notwithstanding any other law, a provision of the
4governing documents shall be void and unenforceable if it does
5any of the following:

6(1) Prohibits, or includes conditions that have the effect of
7prohibiting, the use of low water-using plants as a group.

8(2) Has the effect of prohibiting or restricting compliance with
9either of the following:

10(A) A water-efficient landscape ordinance adopted or in effect
11pursuant to subdivision (c) of Section 65595 of the Government
12Code.

13(B) Any regulation or restriction on the use of water adopted
14pursuant to Section 353 or 375 of the Water Code.

15(b) This section shall not prohibit an association from applying
16landscaping rules established in the governing documents, to the
17extent the rules fully conform with the requirements of subdivision
18(a).

19(c) Notwithstanding any other provision of this part, an
20association shall not impose a fine or assessment against a member
21of a separate interest for reducing or eliminating watering of
22vegetation or lawns during any period for which either of the
23following have occurred:

24(1) The Governor has declared a state of emergency due to
25drought pursuant to subdivision (b) of Section 8558 of the
26Government Code.

P3    1(2) A local government has declared a local emergency due to
2drought pursuant to subdivision (c) of Section 8558 of the
3Government Code.

begin delete4

SEC. 2.  

Section 50034 is added to the Government Code, to
5read:

6

50034.  

Notwithstanding any other law, a city, county, or city
7and county shall not impose a fine or assessment against a
8landowner for reducing or eliminating watering of vegetation or
9lawns during any period for which the Governor has declared a
10state of emergency due to drought pursuant to subdivision (b) of
11Section 8558 of the Government Code.

end delete
begin delete
12

SEC. 3.  

The Legislature finds and declares that the prohibition
13of fines or assessments against landowners for reducing or
14eliminating watering of vegetation or lawns during any period for
15which the Governor has declared a state of emergency due to
16drought is a matter of statewide concern and not a municipal affair,
17as that term is used in Section 5 of Article XI of the California
18Constitution, or a county affair described in Section 4 of Article
19XI of the California Constitution. Therefore, Section 2 of the act
20applies to a charter city or county.

end delete


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