BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2100|
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THIRD READING
Bill No: AB 2100
Author: Campos (D), et al.
Amended: 6/10/14 in Senate
Vote: 27 - Urgency
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/17/14
AYES: DeSaulnier, Beall, Cannella, Galgiani, Hueso, Lara, Liu,
Pavley, Roth, Wyland
NO VOTE RECORDED: Gaines
ASSEMBLY FLOOR : 74-1, 5/1/14 - See last page for vote
SUBJECT : Common interest developments: under-watered
vegetation and
lawns
SOURCE : Author
DIGEST : This 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 declared
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
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AB 2100
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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
drought.
Prior 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/23/14)
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
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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
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR : 74-1, 5/1/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Skinner, Stone,
Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NOES: Donnelly
NO VOTE RECORDED: Brown, Hall, Mansoor, Salas, Vacancy
JA:nl 6/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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