BILL NUMBER: AB 1793	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 10, 2010

   An act to amend Section 1353.8 of the Civil Code, relating to
common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1793, as introduced, Saldana. Common interest developments:
artificial turf.
   Existing law requires a local agency to adopt a specified updated
model ordinance regarding water-efficient landscapes or a
water-efficient landscape ordinance that is at least as effective in
conserving water as the updated model ordinance. Existing law allows
certain water providers to take specified actions regarding water
conservation.
   The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. That act
provides that a provision of any of the governing documents of a
common interest development is void and unenforceable if it
prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group, or if it
has the effect of prohibiting or restricting compliance with a local
water-efficient landscape ordinance or water conservation measure as
described above.
   This bill would provide that a provision of any of the governing
documents of a common interest development would be void and
unenforceable if it prohibits, or includes conditions that have the
effect of prohibiting, the use of artificial turf or any other
synthetic surface that resembles grass.
   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.  Section 1353.8 of the Civil Code is amended to read:
   1353.8.  (a) Notwithstanding any other law, a provision of any of
the governing documents of a common interest development 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. 
   (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 and regulations established in the governing
documents, to the extent the rules and regulations fully conform with
the requirements of subdivision (a).