BILL ANALYSIS Ó AB 349 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 349 (Gonzalez) As Amended August 17, 2015 2/3 vote. Urgency -------------------------------------------------------------------- |ASSEMBLY: | 73-3 | (May 28, |SENATE: | 38-0 |(August 24, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: H. & C.D. SUMMARY: Makes the governing documents, architectural or landscaping guidelines, or policies of a common interest development (CID) void and unenforceable if they prohibit the use of artificial turf or any other synthetic surface that resembles grass. Prohibits a CID from requiring an owner of a separate interest to remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency. This bill includes an urgency clause. The Senate amendments: 1)Prohibit a CID from requiring an owner of a separate interest to remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency. AB 349 Page 2 2)Make technical, clarifying changes. 3)Add a coauthor. FISCAL EFFECT: None COMMENTS: There are over 50,220 CIDs in the state that comprise over 4.8 million housing units, or approximately one quarter of the state's housing stock. CIDs include condominiums, community apartment projects, housing cooperatives, and planned unit developments. They are characterized by a separate ownership of dwelling space coupled with an undivided interest in a common property, restricted by covenants and conditions that limit the use of common area and the separate ownership interests, and the management of common property and enforcement of restrictions by a homeowners association (HOA). CIDs are governed by the Davis Stirling Act (the Act) as well as the governing documents of the association, including bylaws, declaration, and operating rules. CIDs are run by volunteer boards of directors (boards) the members of which may have little or no experience managing real property or governing a nonprofit association and who must interpret the complex laws regulating CIDs. Boards must not only interpret the law, but enforce the restrictions and rules imposed by the governing documents and state law. Under existing law the governing documents of a CID cannot prohibit a homeowner from installing low water-using plants as a group. In addition, CIDs cannot prevent a homeowner from installing landscaping that complies with a city's or county's water-efficient landscape ordinance or from complying with any restrictions on watering that a city or county adopts in response to severe water shortages. This bill would prohibit an HOA from preventing a homeowner from installing artificial turf or synthetic grass. Existing law AB 349 Page 3 allows an HOA to apply landscaping rules that are included in the governing documents, as long as those rules do not have the effect of prohibiting the of use of low-water using plants or prevent a homeowner from complying with a local water-efficient landscaping ordinance. Under this bill, this provision would also apply to artificial turf or synthetic grass. As a result, an HOA could establish reasonable design and quality restrictions about the type of artificial turf a homeowner can use, including for example, the color and replacement requirements, as long as those restrictions did not effectively make it impossible for a homeowner to install artificial turf. As amended in the Senate, this bill would also prohibit a CID from requiring an owner of a separate interest to remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency. Purpose of this bill: 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%. One component of the Governor's Executive Order compels the replacement of 50 million square feet of lawns throughout the state with drought-tolerant landscaping. "Given the extent and breadth of this drought situation, all reasonable opportunities to improve water savings and efficiency should be available to all communities. Among a wide variety of drought-tolerant landscaping are a variety of native plants and landscaping alternatives, including the installation of synthetic grass or artificial turf. 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 AB 349 Page 4 directly reduce outdoor water use to help meet the Governor's mandated 25 percent statewide water use reduction. "Today, the vast majority of Californians may elect to install artificial turf or synthetic grass in their single-family residential landscapes, and homeowners within common interest developments should also be afforded a similar opportunity within appropriate design, aesthetic, and drainage standards defined by the homeowners' association." Related legislation: SB 759 (Lieu) of 2011 would have made the governing documents of a CID void if they prohibited or included provisions that effectively prohibited the installation of artificial turf or any synthetic surface that resembles grass. This bill was vetoed by the Governor. AB 1793 (Saldana) of 2010 would have made the governing documents of a CID void if they prohibited or included provisions that effectively prohibited the installation of artificial turf or any synthetic surface that resembles grass. This bill was vetoed by the Governor. Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085 FN: 0001526