BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 349|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 349
Author: Gonzalez (D), et al.
Amended: 8/17/15 in Senate
Vote: 27 - Urgency
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/23/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE JUDICIARY COMMITTEE: 7-0, 7/14/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
ASSEMBLY FLOOR: 73-3, 5/28/15 - See last page for vote
SUBJECT: Common interest developments: property use and
maintenance
SOURCE: San Diego County Water Authority
DIGEST: This bill voids, or makes unenforceable, any provision
of a common interest development (CID) governing document or
architectural or landscaping guidelines or policies that
prohibit the use of artificial turf or any other synthetic
surface that resembles grass.
ANALYSIS:
Existing law:
AB 349
Page 2
1)Finds and declares, as the policy of this state, that the
management of urban water demands and the efficient use of
water shall be actively pursued to protect both the people of
the state and their water resources.
2)Requires local agencies to adopt water-efficient landscape
ordinances, as specified.
3)Establishes rules and regulations governing the operation of
CIDs and the respective rights and duties of homeowners
associations (HOAs) and their members.
4)Permits the governing board of an HOA to adopt operating rules
that apply generally to the management and operation of the
CID or the conduct of the business and affairs of the HOA,
provided that the rule is within the authority of the board to
make, does not conflict with the HOA's articles, bylaws, or
governing law, and is reasonable.
5)Limits the authority of an HOA or the governing documents of a
CID to regulate the use of a member's separate interest.
6)Renders void and unenforceable any provision of the governing
documents or architectural or landscaping guidelines or
policies of an HOA that does any of the following:
a) Prohibits, or includes conditions that have the effect
of prohibiting, the use of low-water-using plants as a
group or as a replacement of existing turf; or
b) Has the effect of prohibiting or restricting compliance
with a water-efficient landscape ordinance or regulation or
restriction on the use of water.
1)Provides that an HOA may apply landscaping rules established
in its governing documents that do not conflict with other
law, as specified.
2)Prohibits an HOA from imposing a fine or assessment against an
owner of a separate interest for reducing or eliminating the
watering of vegetation or lawns during any period for which
the Governor has declared a state of emergency due to drought
or a local government
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This bill:
1)Voids, or makes unenforceable, any provision of a CID
governing document or architectural or landscaping guidelines
or policies that prohibit the use of artificial turf or any
other synthetic surface that resembles grass.
2)Prohibits a CID from requiring a homeowner to reverse or
remove water-efficient landscaping measures upon the
conclusion of a state of emergency due to drought, that were
installed during that state of emergency.
Comments
Permitting artificial grass. This bill prohibits an HOA from
preventing a homeowner from installing artificial turf or
synthetic grass. Existing law allows an HOA to apply
landscaping rules that are included in the governing documents,
so long as those rules do not prohibit or have the effect of
prohibiting the use of low-water-using plants or prevent a
homeowner from complying with a local water-efficient
landscaping ordinance. This bill extends those protections to
artificial turf or grass. This means an HOA may establish
reasonable restrictions about the type of artificial grass that
a homeowner may use so long as those restrictions do not, in
effect, prevent a homeowner from installing artificial grass.
If at first you don't succeed. In 2011, Governor Brown vetoed
SB 759 (Lieu), which contained identical language to this bill.
The Governor's veto message stated:
The decision about choosing synthetic turf instead of natural
vegetation should be left to individual homeowners
associations, not mandated by state law. For this reason, I
am returning this bill.
Governor Schwarzenegger also vetoed AB 1793 (Saldana), also
containing identical language to this bill, in 2010. The
Governor's veto message stated:
CIDs provide a system of self-governance through a community
association, responsible for managing, maintaining, and
repairing the common areas, and have the authority to enforce
AB 349
Page 4
special rules. Decisions such as these regarding the use of
artificial turf can be made by the homeowners and amended into
their governing documents.
It is unclear whether the current water crisis in California
will cause the Governor to evaluate the immediate bill in a
different light.
Related Legislation
SB 759 (Lieu, 2011) - would have voided, or made unenforceable,
any provision of a CID governing document or architectural or
landscaping guidelines or policies that prohibit the use of
artificial turf or any other synthetic surface that resembles
grass. This bill was vetoed by Governor Brown.
AB 1793 (Saldana, 2010) - would have voided, or made
unenforceable, any provision of a CID governing document or
architectural or landscaping guidelines or policies that
prohibit the use of artificial turf or any other synthetic
surface that resembles grass. This bill was vetoed by Governor
Schwarzenegger.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/18/15)
Association of California Water Agencies
California Association of Realtors
California Landscape Contractors Association
California Municipal Utilities Association
Coastal Environmental Rights Foundation
Desert Water Agency
Lakeside Water District
Metropolitan Water District of Southern California
San Diego County Water Authority
Valley Center Municipal Water District
OPPOSITION: (Verified8/18/15)
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Educational Community for Homeowners
ARGUMENT IN SUPPORT: According to the author, this year was the
lowest snowpack ever recorded, and California is in the fourth
year of a historic, prolonged, and potentially devastating
drought. Governor Brown issued an Executive Order on April 1,
2015, which, for the first time ever in California history,
directs the State Water Resources Control Board to implement
mandatory water reductions across the state to reduce water
usage by 25%. Given the extent of this drought situation,
Californians should explore every option they have to improve
their water efficiency. According to the Department of Water
Resources, landscape irrigation represents 43% of urban water
use, and the installation of artificial turf or synthetic grass,
in lieu of conventional lawns and landscapes, can directly
reduce outdoor water use to help meet the Governor's mandated
25% statewide water use reduction.
Today, Californians may elect to install artificial turf or
synthetic grass in their single-family residential landscapes.
Many homeowners within CIDs, however, have complained that their
HOAs have stymied their freedom to conserve through synthetic
turf installation by promulgating unreasonable restrictions,
including exorbitant fines for homeowners who choose to replace
their lawns.
ARGUMENT IN OPPOSITION: The Educational Community for
Homeowners (ECHO) opposes this bill because decisions made
regarding landscaping in CIDs is, and should continue to be,
made by the community and their elected board of directors.
ECHO therefore resists attempts by the state to legislate a
"one-size-fits-all" approach to CID governance. ECHO also
raises environmental and public health concerns related to the
installation of artificial turf, including the "possible unknown
health impacts that could be caused by synthetic turf," and
"concerns that the end of the life of synthetic turf will be in
landfills."
ASSEMBLY FLOOR: 73-3, 5/28/15
AYES: Achadjian, Alejo, Baker, Bigelow, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu,
Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia,
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Gatto, Gipson, Gomez, Gonzalez, Gray, Hadley, Roger Hernández,
Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,
Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NOES: Travis Allen, Brough, Harper
NO VOTE RECORDED: Bloom, Gordon, Grove, Mayes
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
8/19/15 20:47:46
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