BILL NUMBER: AB 2561	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2014
	AMENDED IN ASSEMBLY  MAY 7, 2014
	AMENDED IN ASSEMBLY  APRIL 24, 2014

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2014

   An act to add Sections 1940.10 and 4750 to the Civil Code,
relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2561, as amended, Bradford. Personal agriculture: restrictions.

   (1) Existing law regulates the terms and conditions of residential
tenancies, and prohibits a landlord from interfering with a tenant's
quiet enjoyment of the premises.
   This bill would require a landlord to permit a tenant to
participate in personal agriculture in portable containers 
approved by the landlord  in the tenant's private area, as
defined, if certain conditions are met.
   (2) Existing law, the Davis-Stirling Common Interest Development
Act, defines and regulates common interest developments and
authorizes the board of directors of the association that manages the
development to adopt and amend the operating rules for the
development.
   This bill would make void any provision of a governing document of
a common interest development that effectively prohibits or
unreasonably restricts the use of a homeowner's  front or
 back yard for personal agriculture or a homeowner from the
off-site donation of produce grown on the homeowner's property.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California industrial agriculture is at risk due to water
shortages, soil degradation, pollution, environmental, and structural
threats to the San Francisco Bay Delta, and the rising cost of oil.
Providing Californians with the capacity to feed themselves and their
communities would drastically improve local food security and
mediate the risks of water, soil, environmental, or fuel-related
crises.
   (b) Although California is the "bread basket" of the United States
and has regions of climate and land ideal for agriculture, a
significant amount of California's food is grown hundreds or
thousands of miles from where it is consumed. This results in high
transportation costs, energy consumption, and lost economic
opportunity for our state. Even food grown in the heart of California'
s farming region is expensive to disperse to the rest of the state
due to rising fuel costs.
   (c) California is no exception to rising obesity and
obesity-related diseases in the United States. Two-thirds of American
adults and nearly one-third of American children are obese or
overweight, putting them at risk for developing chronic diseases,
including diabetes, heart disease, or cancer. In California, one in
every nine children, one in three teens, and over one-half of adults
are already overweight or obese. This epidemic affects virtually all
Californians. Many of these health conditions are preventable and
curable through lifestyle choices that include consumption of healthy
fresh foods.
   (d) One of every $10 dollars spent on health care in the United
States goes toward treating diabetes and its complications.
Facilitating opportunities for California residents to grow and
consume fresh, healthy foods will promote lifestyles and diets that
benefit individuals and communities, as well as being a more
effective use of public moneys.
   (e) Many homeowners' associations have rules prohibiting
homeowners from growing food in  front   their
 yards or from selling food grown on the property.
   (f) Forty percent of Californians live in residences that they do
not own, and may, as a result of lease restrictions or disapproval by
the landlord, face limitations on their ability to grow food on the
land where they reside. 
   (g) Providing Californians with increased opportunity to
participate in small-scale entrepreneurial agriculture will
supplement incomes during times of high unemployment and
underemployment and stimulate local economies.  
   (g) According to a 2011 United States Census Bureau report,
California has the highest poverty rate in the United States. Giving
California residents the right to grow food where they live will help
reduce food costs and the overall burden of poverty for low-income
Californians. 
   (h) Lawncare is resource intensive, at no nutritional gain. Lawns
are the largest irrigated crop in the United States. In the urban
areas in the United States, 30 to 60 percent of residential water is
used for watering lawns. In arid and semiarid regions, this figure
can reach up to 75 percent. Annually, 67 million pounds (33,500 tons)
of synthetic pesticides are used on lawns in the United States.
Furthermore, lawnmowers use 580 million gallons of gasoline yearly.
These resources could be allocated to more productive activities,
including growing food, thus increasing access to healthy options for
low-income individuals.
   (i) Gardens and agriculture on public lands help communities
increase their access to fresh fruits and vegetables, enhance urban
landscapes, motivate healthier eating, and connect neighborhoods.
   (j) It is the policy of the state to promote and remove obstacles
to increased community access to fresh fruit and vegetables and
encourage the practice of homeowners growing food in their private
yard space for personal use or for donation to others.
   (k) These findings are all matters of statewide concern. The
Legislature recently identified the importance of small-scale,
neighborhood-based food enterprises throughout California in
achieving common, statewide economic, health, and environmental
goals. The Legislature acted upon this by enacting Chapter 415 of the
Statutes of 2012 governing cottage food operations and the Urban
Agriculture Incentive Zones Act (Chapter 406 of the Statutes of
2013). Legalizing the growing of produce throughout California will
enhance the positive impacts of such previous legislation.
  SEC. 2.  Section 1940.10 is added to the Civil Code, to read:
   1940.10.  (a) For the purposes of this section, the following
definitions shall apply: 
   (1) "Common area" means an area of the property that is shared
with other tenants.  
   (2) 
    (1)  "Private area" means an outdoor  area of
the property that is for the exclusive use of a tenant. 
 backyard area that is on the ground level of the rental unit.
 
   (3) 
    (2)  "Personal agriculture" means a use of land where an
individual cultivates edible plant crops for personal use or
donation. 
   (4) 
    (3)  "Plant crop" means any crop in its raw or natural
state, which comes from a plant    that will bear edible
fruits or vegetables  . It shall not include marijuana or any
unlawful crops or substances.
   (b) A landlord shall permit a tenant to participate in personal
agriculture in portable containers  approved by the landlord
 in the tenant's private area if the following conditions are
met:
   (1) The tenant regularly removes any dead plant material and weeds
 , with the exception of straw, mulch, compost, and  
any other organic materials intended to encourage vegetation and
retention of moisture in soil  , unless the landlord and tenant
have a preexisting or separate agreement regarding garden maintenance
where the tenant is not responsible for removing  dead plant
material   or maintaining plant crop  and weeds.

   (2) The plant crop will not interfere with the maintenance of the
rental property.  
   (2) 
    (3)  The placement of the  portable  containers
does not interfere with any tenant's parking spot. 
   (3) The placement of the containers does not create a
trip-and-fall hazard, block doorways, or block access to utility
panels.  
   (4) The placement of the containers does not cause water or other
damage to the property.  
   (c) If the containers are to be placed on top of grass, a landlord
may require the tenant to replant grass prior to vacating the
property.  
   (4) The placement and location of the portable containers may be
determined by the landlord. The portable containers may not create a
health and safety hazard, block doorways, or interfere with walkways
or utility services or equipment.  
   (d) 
    (c)  The cultivation of plant crops on the rental
property other than that which is contained in portable containers
shall be subject to approval from the landlord. 
   (e) A landlord may prohibit personal agriculture of any sort by
tenants on common areas.  
   (f) With the exception of container plants on paved areas, a
landlord may choose to require an additional security deposit to
ensure that all landscaping is restored after the tenant vacates the
property or ceases to engage in personal agriculture. The security
deposit shall not exceed the cost of anticipated restoration costs in
the event that the tenant does not restore the landscaping.
 
   (d) A landlord may prohibit the use of synthetic chemical
herbicides, pesticides, fungicides, rodenticides, insecticides, or
any other synthetic chemical product commonly used in the growing of
plant crops. 
   (g) 
    (e)  A landlord may require the tenant to enter into a
written agreement regarding the payment of any excess water and waste
collection bills arising from the tenant's personal agriculture
activities. 
   (h) A 
    (f)     Subject to the notice required by
Section 1954, a  landlord has a right to periodically inspect
any area where the tenant is engaging in personal agriculture to
ensure compliance with this section. 
   (i) 
    (g)  A landlord may not prevent tenants from the
off-site donation of plant crops derived from personal agriculture
authorized under this section. 
   (j) 
    (h)  This section shall only apply to residential real
property that is improved with, or consisting of, a building
containing not more than two units that are intended for human
habitation.
  SEC. 3.  Section 4750 is added to the Civil Code, to read:
   4750.  (a)  Any   For the purposes of this
section, the following definitions shall apply:  
   (1) "Personal agriculture" has the same definition as in Section
1940.10.  
   (2) "Plant crop" has the same definition as in Section 1940.10.

    (b)     Any  provision of a governing
document, as defined in Section 4150, shall be void and unenforceable
if it does either of the following:
   (1) Effectively prohibits or unreasonably restricts the use of a
homeowner's  front or  back yard for personal
agriculture.
   (2) Effectively prohibits or unreasonably restricts a homeowner
from the off-site donation of produce grown on the homeowner's
property. 
   (b) 
    (c)  (1) This section does not apply to provisions that
impose reasonable restrictions on the use of a homeowner's yard for
personal agriculture.
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of engaging
in personal agriculture or significantly decrease its efficiency.

   (c) 
    (d)  This section applies only to yards that are
designated for the exclusive use of the homeowner. 
   (d) 
   (e)  This section shall not prohibit a homeowners'
association from applying rules and regulations requiring that dead
plant material and weeds, with the exception of straw, mulch,
compost, and other organic materials intended to encourage vegetation
and retention of moisture in the soil, are regularly cleared from
the front yard. 
   (e) For the purposes of this section, the following definitions
shall apply:  
   (1) "Personal agriculture" means a use of land where an individual
cultivates edible plant crops for personal use or donation.
 
   (2) "Plant crop" means any crop in its raw or natural state, which
comes from a plant. It shall not include marijuana or any unlawful
crops or substances.