Bill Text: CA AB2100 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Common interest developments: yard maintenance: fines: drought.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 164, Statutes of 2014. [AB2100 Detail]

Download: California-2013-AB2100-Amended.html

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BILL NUMBER: AB 2100	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Campos
   (Principal coauthor: Assembly Member Brown)

                        FEBRUARY 20, 2014

   An act to amend Section 4735 of the Civil Code,   and to
add Section 50034 to the Government Code,   relating to
drought relief.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2100, as amended, Campos. Common interest developments:
 local governments:  yard maintenance: fines:
drought.
   The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments and
requires that a development be managed by an association. That act
provides that a provision of the governing documents of a 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 specified.
   This bill would prohibit an association from imposing a fine or
assessment against a member of a separate interest for reducing or
eliminating watering of vegetation or lawns during any period for
which the Governor has declared a state of emergency, or a local
government has declared a local emergency, due to drought. 
   Existing law provides for the creation and powers of cities,
counties, and cities and counties.  
   This bill would prohibit a city, county, or city and county from
imposing a fine or assessment against a landowner for reducing or
eliminating watering of vegetation or lawns during any period for
which the Governor has declared a state of emergency due to drought.
This bill would find and declare that these provisions are an issue
of statewide concern and not a municipal or county affair, as
specified. 
   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 4735 of the Civil Code is amended to read:
   4735.  (a) Notwithstanding any other law, a provision of the
governing documents 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) 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 established in the governing documents, to the
extent the rules fully conform with the requirements of subdivision
(a).
   (c) Notwithstanding any other provision of this part, an
association shall not impose a fine or assessment against a member of
a separate interest for reducing or eliminating watering of
vegetation or lawns during any period for which either of the
following have occurred:
   (1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
   (2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code. 
  SEC. 2.    Section 50034 is added to the
Government Code, to read:
   50034.  Notwithstanding any other law, a city, county, or city and
county shall not impose a fine or assessment against a landowner for
reducing or eliminating watering of vegetation or lawns during any
period for which the Governor has declared a state of emergency due
to drought pursuant to subdivision (b) of Section 8558 of the
Government Code.  
  SEC. 3.    The Legislature finds and declares that
the prohibition of fines or assessments against landowners for
reducing or eliminating watering of vegetation or lawns during any
period for which the Governor has declared a state of emergency due
to drought is a matter of statewide concern and not a municipal
affair, as that term is used in Section 5 of Article XI of the
California Constitution, or a county affair described in Section 4 of
Article XI of the California Constitution. Therefore, Section 2 of
the act applies to a charter city or county.