Amended in Assembly May 28, 2014

Amended in Assembly May 7, 2014

Amended in Assembly April 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2561

Introduced by Assembly Member Bradford

February 21, 2014

An act to add Sections 1940.10 and 4750 to the Civil Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 2561, as amended, Bradford. Personal agriculture: restrictions.

(1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenant’s quiet enjoyment of the premises.

This bill would require a landlord to permit a tenant to participate in personal agriculture in portable containers begin insert approved by the landlord end insert in the tenant’s private area, as defined, if certain conditions are met.

(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments and authorizes the board of directors of the association that manages the development to adopt and amend the operating rules for the development.

This bill would make void any provision of a governing document of a common interest development that effectively prohibits or unreasonably restricts the use of a homeowner’s begin delete front or end delete back yard for personal agriculture or a homeowner from the off-site donation of produce grown on the homeowner’s property.

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.  

The Legislature finds and declares all of the
following:

(a) California industrial agriculture is at risk due to water
shortages, soil degradation, pollution, environmental, and structural
threats to the San Francisco Bay Delta, and the rising cost of oil.
Providing Californians with the capacity to feed themselves and
their communities would drastically improve local food security
and mediate the risks of water, soil, environmental, or fuel-related
crises.

(b) Although California is the “bread basket” of the United
States and has regions of climate and land ideal for agriculture, a
significant amount of California’s food is grown hundreds or
thousands of miles from where it is consumed. This results in high
transportation costs, energy consumption, and lost economic
opportunity for our state. Even food grown in the heart of
California’s farming region is expensive to disperse to the rest of
the state due to rising fuel costs.

(c) California is no exception to rising obesity and
obesity-related diseases in the United States. Two-thirds of
American adults and nearly one-third of American children are
obese or overweight, putting them at risk for developing chronic
diseases, including diabetes, heart disease, or cancer. In California,
one in every nine children, one in three teens, and over one-half
of adults are already overweight or obese. This epidemic affects
virtually all Californians. Many of these health conditions are
preventable and curable through lifestyle choices that include
consumption of healthy fresh foods.

(d) One of every $10 dollars spent on health care in the United
States goes toward treating diabetes and its complications.
Facilitating opportunities for California residents to grow and
consume fresh, healthy foods will promote lifestyles and diets that
benefit individuals and communities, as well as being a more
effective use of public moneys.

(e) Many homeowners’ associations have rules prohibiting
homeowners from growing food in begin delete front end delete begin insert their end insert yards or from selling
food grown on the property.

(f) Forty percent of Californians live in residences that they do
not own, and may, as a result of lease restrictions or disapproval
by the landlord, face limitations on their ability to grow food on
the land where they reside.

begin delete

(g) Providing Californians with increased opportunity to
participate in small-scale entrepreneurial agriculture will
supplement incomes during times of high unemployment and
underemployment and stimulate local economies.

end delete begin insert

(g) According to a 2011 United States Census Bureau report,
California has the highest poverty rate in the United States. Giving
California residents the right to grow food where they live will
help reduce food costs and the overall burden of poverty for
low-income Californians.

end insert

(h) Lawncare is resource intensive, at no nutritional gain. Lawns
are the largest irrigated crop in the United States. In the urban areas
in the United States, 30 to 60 percent of residential water is used
for watering lawns. In arid and semiarid regions, this figure can
reach up to 75 percent. Annually, 67 million pounds (33,500 tons)
of synthetic pesticides are used on lawns in the United States.
Furthermore, lawnmowers use 580 million gallons of gasoline
yearly. These resources could be allocated to more productive
activities, including growing food, thus increasing access to healthy
options for low-income individuals.

(i) Gardens and agriculture on public lands help communities
increase their access to fresh fruits and vegetables, enhance urban
landscapes, motivate healthier eating, and connect neighborhoods.

(j) It is the policy of the state to promote and remove obstacles
to increased community access to fresh fruit and vegetables and
encourage the practice of homeowners growing food in their private
yard space for personal use or for donation to others.

(k) These findings are all matters of statewide concern. The
Legislature recently identified the importance of small-scale,
neighborhood-based food enterprises throughout California in
achieving common, statewide economic, health, and environmental
goals. The Legislature acted upon this by enacting Chapter 415 of
the Statutes of 2012 governing cottage food operations and the
Urban Agriculture Incentive Zones Act (Chapter 406 of the Statutes
of 2013). Legalizing the growing of produce throughout California
will enhance the positive impacts of such previous legislation.

SEC. 2.  

Section 1940.10 is added to the Civil Code, to read:

1940.10.  

(a) For the purposes of this section, the following
definitions shall apply:

begin delete

(1) “Common area” means an area of the property that is shared
with other tenants.

end delete begin delete

(2)

end delete

begin insert (1) end insert  “Private area” means an outdoor begin delete area of the property that is
for the exclusive use of a tenant. end delete begin insert backyard area that is on the
ground level of the rental unit. end insert

begin delete

(3)

end delete

begin insert (2) end insert  “Personal agriculture” means a use of land where an
individual cultivates edible plant crops for personal use or donation.

begin delete

(4)

end delete

begin insert (3) end insert  “Plant crop” means any crop in its raw or natural state, which
comes from a plant begin insert end insert begin insert that will bear edible fruits or vegetables end insert . It
shall not include marijuana or any unlawful crops or substances.

(b) A landlord shall permit a tenant to participate in personal
agriculture in portable containers begin insert approved by the landlord end insert in the
tenant’s private area if the following conditions are met:

(1) The tenant regularly removes any dead plant material and
weeds begin insert , with the exception of straw, mulch, compost, and any other
organic materials intended to encourage vegetation and retention
of moisture in soil end insert , unless the landlord and tenant have a preexisting
or separate agreement regarding garden maintenance where the
tenant is not responsible for removing begin delete dead plant material end delete begin insert or
maintaining plant crop end insert and weeds.

begin insert

(2) The plant crop will not interfere with the maintenance of
the rental property.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The placement of the begin insert portable end insert containers does not interfere
with any tenant’s parking spot.

begin delete

(3) The placement of the containers does not create a
trip-and-fall hazard, block doorways, or block access to utility
panels.

(4) The placement of the containers does not cause water or
other damage to the property.

(c) If the containers are to be placed on top of grass, a landlord
may require the tenant to replant grass prior to vacating the
property.

end delete begin insert

(4) The placement and location of the portable containers may
be determined by the landlord. The portable containers may not
create a health and safety hazard, block doorways, or interfere
with walkways or utility services or equipment.

end insert begin delete

(d)

end delete

begin insert (c) end insert  The cultivation of plant crops on the rental property other
than that which is contained in portable containers shall be subject
to approval from the landlord.

begin delete

(e) A landlord may prohibit personal agriculture of any sort by
tenants on common areas.

(f) With the exception of container plants on paved areas, a
landlord may choose to require an additional security deposit to
ensure that all landscaping is restored after the tenant vacates the
property or ceases to engage in personal agriculture. The security
deposit shall not exceed the cost of anticipated restoration costs
in the event that the tenant does not restore the landscaping.

end delete begin insert

(d) A landlord may prohibit the use of synthetic chemical
herbicides, pesticides, fungicides, rodenticides, insecticides, or
any other synthetic chemical product commonly used in the
growing of plant crops.

end insert begin delete

(g)

end delete

begin insert (e) end insert  A landlord may require the tenant to enter into a written
agreement regarding the payment of any excess water and waste
collection bills arising from the tenant’s personal agriculture
activities.

begin delete

(h) A

end delete

begin insert (f) end insert begin insert   end insert begin insert Subject to the notice required by Section 1954, a end insert landlord
has a right to periodically inspect any area where the tenant is
engaging in personal agriculture to ensure compliance with this
section.

begin delete

(i)

end delete

begin insert (g) end insert  A landlord may not prevent tenants from the off-site donation
of plant crops derived from personal agriculture authorized under
this section.

begin delete

(j)

end delete

begin insert (h) end insert  This section shall only apply to residential real property that
is improved with, or consisting of, a building containing not more
than two units that are intended for human habitation.

SEC. 3.  

Section 4750 is added to the Civil Code, to read:

4750.  

(a)  begin delete Any end delete begin insert For the purposes of this section, the following
definitions shall apply: end insert

begin insert

(1) “Personal agriculture” has the same definition as in Section
1940.10.

end insert begin insert

(2) “Plant crop” has the same definition as in Section 1940.10.

end insert

begin insert (b) end insert begin insert   end insert begin insert Any end insert provision of a governing document, as defined in Section
4150, shall be void and unenforceable if it does either of the
following:

(1) Effectively prohibits or unreasonably restricts the use of a
homeowner’s begin delete front or end delete back yard for personal agriculture.

(2) Effectively prohibits or unreasonably restricts a homeowner
from the off-site donation of produce grown on the homeowner’s
property.

begin delete

(b)

end delete

begin insert (c) end insert  (1) This section does not apply to provisions that impose
reasonable restrictions on the use of a homeowner’s yard for
personal agriculture.

(2) For purposes of this section, “reasonable restrictions” are
restrictions that do not significantly increase the cost of engaging
in personal agriculture or significantly decrease its efficiency.

begin delete

(c)

end delete

begin insert (d) end insert  This section applies only to yards that are designated for the
exclusive use of the homeowner.

begin delete

(d)

end delete

begin insert (e) end insert  This section shall not prohibit a homeowners’ association
from applying rules and regulations requiring that dead plant
material and weeds, with the exception of straw, mulch, compost,
and other organic materials intended to encourage vegetation and
retention of moisture in the soil, are regularly cleared from the
front yard.

begin delete

(e) For the purposes of this section, the following definitions
shall apply:

(1) “Personal agriculture” means a use of land where an
individual cultivates edible plant crops for personal use or donation.

(2) “Plant crop” means any crop in its raw or natural state, which
comes from a plant. It shall not include marijuana or any unlawful
crops or substances.

end delete