BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2100| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED AB 2100 Page 2 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 CONTINUED AB 2100 Page 3 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 **** END **** CONTINUED