BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO:  AB 2100
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:   campos
                                                         VERSION:  6/10/14
          Analysis by:  Mark Stivers                     FISCAL:   no
          Hearing date:  June 17, 2014                   URGENCY:  YES



          SUBJECT:

          Common-interest developments:  under-watered vegetation and  
          lawns

          DESCRIPTION:

          This urgency bill prohibits a common-interest development from  
          imposing a fine or assessment against an owner for reducing or  
          eliminating watering of vegetation or lawns during a drought.

          ANALYSIS:

          A common-interest development (CID) is a real property  
          development that includes all of the following: (1) separate  
          ownership of a lot or unit coupled with an undivided interest in  
          common property; (2) covenants, conditions, and restrictions  
          that limit use of both the common area and separate ownership  
          interests; and (3) management of common property and enforcement  
          of restrictions by a community association, which is generally  
          governed by an elected board of directors.  Condominiums,  
          planned unit developments, stock cooperatives, community  
          apartments, and many resident-owned mobile home parks all fall  
          under the CID umbrella.    

          The Davis-Stirling Common Interest Development Act is the  
          principal law that governs CIDs in California.  Among other  
          things, the Davis-Stirling Act provides that any provision of  
          the governing documents is void and unenforceable if it  
          prohibits or has the effect of prohibiting the use of  
          low-water-using plants as a group, or if it prohibits compliance  
          with a public water-efficient landscape ordinance or water use  
          regulation.  

           This bill  prohibits a CID association from imposing a fine or  
          assessment against an owner for reducing or eliminating watering  
          of vegetation or lawns during any period for which the governor  
          or a local government has declared a state of emergency due to  




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          drought.  The bill contains an urgency clause.
          
          COMMENTS:

           1.Purpose of the bill  .  According to the author, California is  
            suffering through a historic drought and everyone is being  
            asked to conserve and reduce water usage.  Despite these  
            efforts, at least one CID has levied fines against homeowners  
            who are saving water.  Homeowners who respond to the drought  
            by watering their lawn and plants less should not face fines  
            and assessments for being responsible.

           2.Statewide needs vs. local control  .  While the benefits of  
            protecting property owners from fines for not watering during  
            a drought may be clear, this bill also raises the eternal  
            question of whether the Legislature should interfere in the  
            affairs of a CID.  Should CIDs have sole authority to regulate  
            lawn watering matters, even if that results in using scarce  
            water for landscape?  Or is the statewide need for water  
            savings in a drought compelling enough to override local  
            control?  

           3.Technical amendment  .  On page 2, line 21 strike "of a separate  
            interest".

           4.Chaptering conflicts  .  This bill has chaptering conflicts with  
            SB 992 (Nielsen) and AB 2104 (Gonzalez).  The author will need  
            to resolve these conflicts before final passage.  

          RELATED LEGISLATION:

          SB 992 (Nielsen) is an urgency measure to prohibit a CID from  
          imposing a fine or assessment against an owner for yard  
          maintenance issues related to under-watered plants and lawns  
          during any period for which the governor has declared a state of  
          emergency due to drought.  Set for hearing on June 18 in the  
          Assembly Housing and Community Development Committee.
          
          AB 2104 (Gonzalez) provides that CID governing documents may not  
          prohibit, or have the effect of prohibiting, the replacement of  
          existing turf with low-water-using plants.  This bill is on the  
          Senate Floor. 

          Assembly Votes:

               Floor:74-1




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               H&CD:   7-0

          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             June 11,  
          2014.)

               SUPPORT:  Association of California Water Agencies
                         California Association of Realtors
                         California Landscape Contractors Association
                         Desert Water Agency
                         East Bay Municipal Utility District
                         Educational Community for Homeowners
                         El Dorado Irrigation District
                         Metropolitan Water District of Southern  
          California
                         San Diego County Water Authority
                         San Jose Silicon Valley Chamber of Commerce
                         Santa Clara Valley Water District
                         Sierra Club California

               OPPOSED:  None received.