BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 349| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 349 Page 3 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) AB 349 Page 5 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, AB 349 Page 6 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 **** END ****