BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 759|
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VETO
Bill No: SB 759
Author: Lieu (D)
Amended: 3/22/11
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM : 7-2, 04/12/11
AYES: DeSaulnier, Huff, Kehoe, Lowenthal, Pavley, Rubio,
Simitian
NOES: Gaines, Harman
SENATE FLOOR : 32-8, 4/25/11
AYES: Alquist, Anderson, Berryhill, Calderon, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Hancock, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Wyland,
Yee
NOES: Blakeslee, Cannella, Dutton, Gaines, Harman, Runner,
Strickland, Walters
ASSEMBLY FLOOR : 63-11, 7/5/11 - See last page for vote
SUBJECT : Common interest developments: artificial turf
SOURCE : San Diego County Water Authority
DIGEST : This bill prohibits a common interest
development from enforcing any provision of its governing
documents that prohibits or has the effect of prohibiting
the use of artificial turf or any other synthetic surface
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that resembles grass.
ANALYSIS : A common-interest development (CID) is a form
of real estate where each homeowner has an exclusive
interest in a unit or lot and a shared or undivided
interest in common area property. Condominiums, planned
unit developments, stock cooperatives, community
apartments, and many resident-owned mobilehome parks all
fall under the umbrella of common interest developments.
CIDs are governed by a homeowner's association. The
Davis-Stirling Common Interest Development Act provides the
legal framework under which common interest developments
are established and operate. In addition to the
requirements of the act, each CID is governed according to
the recorded declarations, bylaws, and operating rules of
the association, collectively referred to as the governing
documents.
The Davis-Stirling Act provides that the covenants and
restrictions in the declaration are "enforceable equitable
servitudes, unless unreasonable." In Nahrstedt v. Lakeside
Village (1994), the California Supreme Court interpreted
this provision to mean that CID governing documents "should
be enforced unless they are wholly arbitrary, violate a
fundamental public policy, or impose a burden on the use of
affected land that far outweighs any benefit."
The Davis-Stirling Act also provides that a provision of
the governing documents is void and unenforceable if it
prohibits or has the effect of prohibiting 1) the use of
low water-using plants as a group, 2) compliance with a
local government's water-efficient landscape ordinance, or
3) compliance with a local government's regulation or
restriction on the use of water. A CID may enforce
landscaping rules contained in its governing documents to
the extent that they fully conform with these requirements.
This bill further prohibits a CID from enforcing any
provision of its governing documents that prohibits or has
the effect of prohibiting the use of artificial turf or any
other synthetic surface that resembles grass. A CID may
enforce landscaping rules contained in its governing
documents that establish design standards and quality
standards for the installation of such surfaces to the
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extent that they fully comply with this requirement.
Prior Legislation
Last year, the Legislature sent to the Governor an
identical bill, AB 1793 (Saldana). Governor Schwarzenegger
vetoed that bill stating, "Decisions such as these
regarding the use of artificial turf can be made by the
homeowners and amended into their governing documents."
This bill was heard on the Senate Floor on 8/18/10 (22-10).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/13/11)
San Diego County Water Authority (source)
ARGUMENTS IN SUPPORT : The San Diego County Water
Authority states that landscape irrigation makes up 70% of
the average household water use. In the San Diego region,
grass lawns alone use up to 46 gallons of water per square
foot per year. The use of artificial turf in landscaping
is one method of reducing water consumption while still
allowing property owners to incorporate expanses of green
into their landscaping.
In 2009, the legislature enacted SBX7 7 (Steinberg),
Chapter 4 of the Seventh Extraordinary Session, requiring
that California reduce water consumption by 20% per capita
by the year 2020. According to the author, water suppliers
are committed to meet this target. The purpose of this
bill is to expand the available means of conserving water
by removing impediments to the use of artificial turf and
landscaping in CIDs.
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 759 without my signature.
Under this bill, homeowners associations that govern
Common Interest Developments would be forced to
approve the installation of Astro Turf. The decision
about choosing synthetic turf instead of natural
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vegetation should be left to individual homeowners
associations, not mandated by state law. For this
reason, I am returning this bill."
ASSEMBLY FLOOR : 63-11, 07/05/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Cook, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Garrick, Gatto, Gordon,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Knight, Lara, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Monning, Nestande, Nielsen,
Norby, Pan, Perea, V. Manuel P�rez, Portantino, Skinner,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, Yamada, John A. P�rez
NOES: Conway, Donnelly, Beth Gaines, Grove, Hagman,
Halderman, Harkey, Logue, Morrell, Olsen, Smyth
NO VOTE RECORDED: Charles Calderon, Davis, Gorell, Hall,
Mansoor, Silva
RJG:nl 1/4/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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