BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2100
          Author:   Campos (D), et al.
          Amended:  6/10/14 in Senate
          Vote:     27 - Urgency

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  10-0, 6/17/14
          AYES:  DeSaulnier, Beall, Cannella, Galgiani, Hueso, Lara, Liu,  
            Pavley, Roth, Wyland
          NO VOTE RECORDED:  Gaines

           ASSEMBLY FLOOR  :  74-1, 5/1/14 - See last page for vote


           SUBJECT  :    Common interest developments:  under-watered  
          vegetation and                                               
          lawns

           SOURCE  :     Author


           DIGEST  :    This bill prohibits a common-interest development  
          from imposing a fine or assessment against an owner for reducing  
          or eliminating watering of vegetation or lawns during a declared  
          drought.

           ANALYSIS  :    A common-interest development (CID) is a real  
          property development that includes all of the following:  (1)  
          separate ownership of a lot or unit coupled with an undivided  
          interest in common property; (2) covenants, conditions, and  
          restrictions that limit use of both the common area and separate  
          ownership interests; and (3) management of common property and  
          enforcement of restrictions by a community association, which is  
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                                                                    AB 2100
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          generally governed by an elected board of directors.   
          Condominiums, planned unit developments, stock cooperatives,  
          community apartments, and many resident-owned mobile home parks  
          all fall under the CID umbrella.    

          The Davis-Stirling Common Interest Development Act is the  
          principal law that governs CIDs in California.  Among other  
          things, the Davis-Stirling Act provides that any provision of  
          the governing documents is void and unenforceable if it  
          prohibits or has the effect of prohibiting the use of  
          low-water-using plants as a group, or if it prohibits compliance  
          with a public water-efficient landscape ordinance or water use  
          regulation.  

          This bill prohibits a CID association from imposing a fine or  
          assessment against an owner for reducing or eliminating watering  
          of vegetation or lawns during any period for which the governor  
          or a local government has declared a state of emergency due to  
          drought. 

           Prior Legislation
           
          SB 992 (Nielsen) is an urgency measure to prohibit a CID from  
          imposing a fine or assessment against an owner for yard  
          maintenance issues related to under-watered plants and lawns  
          during any period for which the governor has declared a state of  
          emergency due to drought.  

          AB 2104 (Gonzalez) provides that CID governing documents may not  
          prohibit, or have the effect of prohibiting, the replacement of  
          existing turf with low-water-using plants. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/19/14)

          Association of California Water Agencies
          California Association of Realtors
          California Landscape Contractors Association
          East Bay Municipal Utility District
          Educational Community for Homeowners
          Metropolitan Water District of Southern California
          San Diego County Water Authority

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                                                                    AB 2100
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          San Jose Silicon Valley Chamber of Commerce
          Santa Clara Valley Water District
          Sierra Club California

           ARGUMENTS IN SUPPORT  :    According to the author, California is  
          suffering through a historic drought and everyone is being asked  
          to conserve and reduce water usage.  Despite these efforts, at  
          least one CID has levied fines against homeowners who are saving  
          water.  Homeowners who respond to the drought by watering their  
          lawn and plants less should not face fines and assessments for  
          being responsible.


           ASSEMBLY FLOOR  :  74-1, 5/1/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon,  
            Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth  
            Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,  
            Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Skinner, Stone,  
            Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NOES: Donnelly
          NO VOTE RECORDED: Brown, Hall, Mansoor, Salas, Vacancy


          JA:nl  6/19/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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