Amended in Senate August 19, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 786

Introduced by Assembly Member Levine

(Coauthor: Assembly Member Cooley)

(Coauthor: Senator Allen)

February 25, 2015

An act to begin delete add Section 2251 to, and to add and repeal Section 2252 of, the Elections Code, relating to elections. end delete begin insert amend Section 4735 of the Civil Code, relating to common interest developments, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 786, as amended, Levine. begin delete National Voter Registration Act of 1993. end delete begin insert Common interest developments: property use and maintenance. end insert

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The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law provides that, unless otherwise provided in the common interest development declaration, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest. Existing law makes void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of low water-using plants, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water, as specified.

end insert begin insert

Existing law also prohibits an association, except an association that uses recycled water for landscape irrigation, from imposing a fine or assessment on separate interest owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency or the local government has declared a local emergency due to drought.

end insert begin insert

This bill would limit that exception to only associations that use recycled water for all home and common area landscaping irrigation.

end insert begin insert

This bill would incorporate additional changes to Section 4735 of the Civil Code proposed by AB 349 that would become operative if this bill and AB 349 are enacted and this bill is enacted last.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law, the federal National Voter Registration Act of 1993, requires a state to establish procedures to register a person to vote by application made simultaneously with an application for a motor vehicle driver’s license, by mail application, and by application in person at a registration site or designated voter registration agency. With respect to an application made simultaneously with an application for a motor vehicle driver’s license, the act requires the motor vehicle driver’s license application to serve as an application for voter registration with respect to an election for federal office, unless the applicant fails to sign the application, and requires the application to be considered as updating the applicant’s previous voter registration, if any. The federal act defines “motor vehicle driver’s license” to include any personal identification document issued by a state motor vehicle authority.

end delete begin delete

The United States District Court for the Northern District of California, in the matter of Wilson v. United States, held that the federal act is constitutional and on May 4, 1995, ordered the State of California to implement the State’s Plan for Implementation of the National Voter Registration Act.

end delete begin delete

Under existing state law, a person may not be registered to vote except by affidavit of registration. Existing state law establishes procedures for a person to register to vote by mail or by application in person at a registration site or office of a designated voter registration agency. Existing state law also requires a properly executed affidavit of registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted to the Department of Motor Vehicles, or accepted by any other public agency designated as a voter registration agency, on or before the 15th day before the election.

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To the extent the state’s plan is inconsistent with the federal act, this bill would require the Department of Motor Vehicles, in coordination with the Secretary of State, to take additional steps to fully implement and further comply with a specified provision of the federal act.

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Existing law prohibits a voter who is registered to vote in one county from registering to vote in another county unless he or she complies with certain requirements. Existing law also requires a county elections official to accept a notice or letter from a voter, as well as notification submitted to the Department of Motor Vehicles or accepted by other public agencies pursuant to federal law, indicating a change of address within a county and to change the voter’s affidavit of registration accordingly, under prescribed circumstances.

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This bill, until July 1, 2016, would require the Department of Motor vehicles, upon receiving from a registered voter a request to inform the Secretary of State that the voter has moved to a different county, to notify the county elections official in both the county from which the voter has moved, and the county to which the voter has moved, of the change of address.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares that due to
the ongoing emergency drought conditions the State should
maximize opportunities to conserve potable water, including
encouraging homeowners to limit water intensive landscaping and
removing all impediments to that goal. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4735 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4735.  

(a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines
or policies 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 or as a
replacement of existing turf.

(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 subdivision (a).

(c) Notwithstanding any other provision of this part, an
association, except an association begin delete that uses end delete begin insert where end insert recycled water,
as defined in Section 13050 of the Water Code, begin delete for end delete begin insert is used for all
home and common area end insert landscaping irrigation, shall not impose
a fine or assessment against an owner of a separate interest for
reducing or eliminating the 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.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 4735 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4735.  

(a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines
or policies 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 or as a
replacement of existing turf.

begin insert

(2) Prohibits, or includes conditions that have the effect of
prohibiting, the use of artificial turf or any other synthetic surface
that resembles grass.

end insert begin delete

(2)

end delete

begin insert (3) end insert  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 subdivision (a).

(c) Notwithstanding any other provision of this part, an
association, except an association begin delete that uses end delete begin insert where end insert recycled water,
as defined in Section 13050 of the Water Code, begin delete for end delete begin insert is used for all
home and common area end insert landscaping irrigation, shall not impose
a fine or assessment against an owner of a separate interest for
reducing or eliminating the 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.

begin insert

(d) An owner of a separate interest upon which water-efficient
landscaping measures have been installed in response to a
declaration of a state of emergency described in subdivision (c)
shall not be required to reverse or remove the water-efficient
landscaping measures upon the conclusion of the state of
emergency.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 4735 of the Civil Code proposed by both this bill and
Assembly Bill 349. It shall only become operative if (1) both bills
are enacted and become effective, (2) each bill amends Section
4735 of the Civil Code, and (3) this bill is enacted after Assembly
Bill 349, in which case Section 2 of this bill shall not become
operative.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

California is in a state of emergency because of the continued
drought. In response, Governor Brown issued Executive Order
B-29-15, ordering a 25 percent statewide reduction in urban water
consumption. Because residential landscaping accounts for 35
percent or more of the average urban water usage statewide, many
homeowners have voluntarily ceased watering landscaping in
order to assist with the drought emergency. However, some
homeowners associations have interpreted existing law to allow
them to fine homeowners who voluntarily cease using potable
water on their landscaping if the homeowners association itself is
using a de minimis amount of recycled water on common areas.
This is directly contrary to the state’s need to conserve the precious
and dwindling water supplied for urban, agricultural, and
environmental needs.

end insert

begin delete

SECTION 1.  

Section 2251 is added to the Elections Code, to
read:

2251.  

To the extent the State’s Plan for Implementation of the
National Voter Registration Act, which was adopted and ordered
implemented by the United States District Court for the Northern
District of California on May 4, 1995, in the matter of Wilson v.
United States (Nos. C 95-20042 JW, C 94-20860 JW), is
inconsistent with the federal National Voter Registration Act of
1993 (52 U.S.C. Sec. 20501 et seq.), and notwithstanding any other
provision of state law, the Department of Motor Vehicles, in
coordination with the Secretary of State, shall take additional steps
to fully implement and further comply with Section 20504 of Title
52 of the United States Code.

end delete

begin delete

SEC. 2.  

Section 2252 is added to the Elections Code, to read:

2252.  

(a) If a registered voter requests that the Department of
Motor Vehicles inform the Secretary of State that the voter has
moved to a different county, the Department shall notify the county
elections official in both the county from which the voter has
moved, and the county to which the voter has moved, of the change
of address.

(b) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete