BILL NUMBER: AB 786 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Member Levine
(Coauthor: Assembly Member Cooley)
(Coauthor: Senator Allen)
FEBRUARY 25, 2015
An act to add Section 2251 to, and to add and repeal
Section 2252 of, the Elections Code, relating to elections.
amend Section 4735 of the Civil Code, relating to common
interest developments, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 786, as amended, Levine. National Voter Registration
Act of 1993. Common interest developments: property use
and maintenance.
The Davis-Stirling Common Interest Development Act governs the
management and operation of common interest developments. Existing
law provides that, unless otherwise provided in the common interest
development declaration, the association is responsible for
repairing, replacing, or maintaining the common area, other than
exclusive use common area, and the owner of each separate interest is
responsible for maintaining that separate interest and any exclusive
use common area appurtenant to that interest. Existing law makes
void and unenforceable any provision of the governing documents or
architectural or landscaping guidelines or policies that prohibits
use of low water-using plants, or prohibits or restricts compliance
with water-efficient landscape ordinances or regulations on the use
of water, as specified.
Existing law also prohibits an association, except an association
that uses recycled water for landscape irrigation, from imposing a
fine or assessment on separate interest owners for reducing or
eliminating watering of vegetation or lawns during any period for
which the Governor has declared a state of emergency or the local
government has declared a local emergency due to drought.
This bill would limit that exception to only associations that use
recycled water for all home and common area landscaping irrigation.
This bill would incorporate additional changes to Section 4735 of
the Civil Code proposed by AB 349 that would become operative if this
bill and AB 349 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, the federal National Voter Registration Act of 1993,
requires a state to establish procedures to register a person to
vote by application made simultaneously with an application for a
motor vehicle driver's license, by mail application, and by
application in person at a registration site or designated voter
registration agency. With respect to an application made
simultaneously with an application for a motor vehicle driver's
license, the act requires the motor vehicle driver's license
application to serve as an application for voter registration with
respect to an election for federal office, unless the applicant fails
to sign the application, and requires the application to be
considered as updating the applicant's previous voter registration,
if any. The federal act defines "motor vehicle driver's license" to
include any personal identification document issued by a state motor
vehicle authority.
The United States District Court for the Northern District of
California, in the matter of Wilson v. United States, held that the
federal act is constitutional and on May 4, 1995, ordered the State
of California to implement the State's Plan for Implementation of the
National Voter Registration Act.
Under existing state law, a person may not be registered to vote
except by affidavit of registration. Existing state law establishes
procedures for a person to register to vote by mail or by application
in person at a registration site or office of a designated voter
registration agency. Existing state law also requires a properly
executed affidavit of registration to be deemed effective upon
receipt of the affidavit by the county elections official if the
affidavit is submitted to the Department of Motor Vehicles, or
accepted by any other public agency designated as a voter
registration agency, on or before the 15th day before the election.
To the extent the state's plan is inconsistent with the federal
act, this bill would require the Department of Motor Vehicles, in
coordination with the Secretary of State, to take additional steps to
fully implement and further comply with a specified provision of the
federal act.
Existing law prohibits a voter who is registered to vote in one
county from registering to vote in another county unless he or she
complies with certain requirements. Existing law also requires a
county elections official to accept a notice or letter from a voter,
as well as notification submitted to the Department of Motor Vehicles
or accepted by other public agencies pursuant to federal law,
indicating a change of address within a county and to change the
voter's affidavit of registration accordingly, under prescribed
circumstances.
This bill, until July 1, 2016, would require the Department of
Motor vehicles, upon receiving from a registered voter a request to
inform the Secretary of State that the voter has moved to a different
county, to notify the county elections official in both the county
from which the voter has moved, and the county to which the voter has
moved, of the change of address.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
due to the ongoing emergency drought conditions the State should
maximize opportunities to conserve potable water, including
encouraging homeowners to limit water intensive landscaping and
removing all impediments to that goal.
SEC. 2. Section 4735 of the Civil Code
is amended to read:
4735. (a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines or
policies shall be void and unenforceable if it does any of the
following:
(1) 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.
(2) Has the effect of prohibiting or restricting compliance with
either of the following:
(A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
(b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with subdivision (a).
(c) Notwithstanding any other provision of this part, an
association, except an association that uses
where recycled water, as defined in Section 13050 of the Water
Code, for is used for all home and common
area landscaping irrigation, shall not impose 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 either of the following have occurred:
(1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.
SEC. 2.5. Section 4735 of the Civil
Code is amended to read:
4735. (a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines or
policies shall be void and unenforceable if it does any of the
following:
(1) 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.
(2) Prohibits, or includes conditions that have the effect of
prohibiting, the use of artificial turf or any other synthetic
surface that resembles grass.
(2)
(3) Has the effect of prohibiting or restricting
compliance with either of the following:
(A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
(b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with subdivision (a).
(c) Notwithstanding any other provision of this part, an
association, except an association that uses
where recycled water, as defined in Section 13050 of the Water
Code, for is used for all home and common
area landscaping irrigation, shall not impose 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 either of the following have occurred:
(1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.
(d) An owner of a separate interest upon which water-efficient
landscaping measures have been installed in response to a declaration
of a state of emergency described in subdivision (c) shall not be
required to reverse or remove the water-efficient landscaping
measures upon the conclusion of the state of emergency.
SEC. 3. Section 2.5 of this bill incorporates
amendments to Section 4735 of the Civil Code proposed by both this
bill and Assembly Bill 349. It shall only become operative if (1)
both bills are enacted and become effective, (2) each bill amends
Section 4735 of the Civil Code, and (3) this bill is enacted after
Assembly Bill 349, in which case Section 2 of this bill shall not
become operative.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
California is in a state of emergency because of the continued
drought. In response, Governor Brown issued Executive Order B-29-15,
ordering a 25 percent statewide reduction in urban water consumption.
Because residential landscaping accounts for 35 percent or more of
the average urban water usage statewide, many homeowners have
voluntarily ceased watering landscaping in order to assist with the
drought emergency. However, some homeowners associations have
interpreted existing law to allow them to fine homeowners who
voluntarily cease using potable water on their landscaping if the
homeowners association itself is using a de minimis amount of
recycled water on common areas. This is directly contrary to the
state's need to conserve the precious and dwindling water supplied
for urban, agricultural, and environmental needs.
SECTION 1. Section 2251 is added to the
Elections Code, to read:
2251. To the extent the State's Plan for Implementation of the
National Voter Registration Act, which was adopted and ordered
implemented by the United States District Court for the Northern
District of California on May 4, 1995, in the matter of Wilson v.
United States (Nos. C 95-20042 JW, C 94-20860 JW), is inconsistent
with the federal National Voter Registration Act of 1993 (52 U.S.C.
Sec. 20501 et seq.), and notwithstanding any other provision of state
law, the Department of Motor Vehicles, in coordination with the
Secretary of State, shall take additional steps to fully implement
and further comply with Section 20504 of Title 52 of the United
States Code.
SEC. 2. Section 2252 is added to the Elections
Code, to read:
2252. (a) If a registered voter requests that the Department of
Motor Vehicles inform the Secretary of State that the voter has moved
to a different county, the Department shall notify the county
elections official in both the county from which the voter has moved,
and the county to which the voter has moved, of the change of
address.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.